Sunday, February 11, 2007

Hundreds of Pakistanis Abducted by Agencies Since 2001 : HRCP

Human Rights Commission of Pakistan in its 2006 annual 340-page report has painted a grim and gloomy picture of the country in 18 separate categories, such as law, administration of justice, law and order, rape and other atrocities against women, rights of children, restrictions on political participation, rights of labour, and issues of health and environment, saying that there was a complete breakdown of institutions and of law and order. But the report has called the abduction of Pakistani citizens by Pakistan's security agencies and their detention at undisclosed torture centers or illegal extradition to US to be the most critical and pressing human rights problem.

It has documented reports of at least 400 cases of organized disappearances since 2001. It claims the number of documented cases only "the tip of the iceberg" because the loved ones of a large number of abducted Pakistanis chose the option to keep the abductions undocumented for fear of reprisals.

"Despite all the pleas, protests, demands from all sections of the public, including the (Supreme) Court of Pakistan, the vast majority, in the hundreds, of citizens - their whereabouts are still unknown," Iqbal Haiderthe commission's general secretary, said. The organiztion had filed a petition at the Supreme Court on behalf of a number of people who have been abducted, he said.

The report has accused the armed forces, paramilitary forces and security agencies of involvement in the abduction of Pakistani citizens, many of whom had "suffered an extreme degree of torture" and has called it "a highly disturbing trend". The military government and its security apparatus, accodring to the report, has exercised a "horrific pattern" of forced disappearances of its opponents, and has introduced a "new form of human rights abuse" which was increasing at an alarming rate. Citizens across the country were being picked up by intelligence agencies and taken to be detained in secret locations while some had been handed over to the US, the report said.

Mr Haider said that the country's security agencies, military and police were involved in the disappearance of Pakistani civilians, many of whom had "suffered an extreme degree of torture".

According to the commission, most of the disappeared were nationalist Pakistanis from the provinces of Sindh and Baluchistan who are viewed as a threat by the military government of General Musharraf.

In the past government officials have denied unlawful arrests, but according to the BBC's Barbara Plett in Islamabad, under pressure from the Supreme Court they have been able to locate a number of missing people in army custody.

The Commission's Chairperson, Ms Asma Jahangir who has also served as the regional UN rapporteur, sees "a dysfunctional state of affairs in the country" where "nothing seems to be working. There seems to be a complete breakdown of institutions, a complete breakdown of law and order".

"Due to a collapse of institutions in the country, all remedial doors have been shut on aggrieved people and the state has completely failed to protect their rights. Instead, it has usurped their rights," Asma Jahangir said. "Torture of the missing persons is the rule rather than exception."

Prolonged and illegal detention and torture and humiliation of the detainees were growing problems, the report said.

Saturday, February 10, 2007

Pakistan Does Not Sign UN Convention on Enforced Disappearances

The Dawn

KARACHI, Feb 7: The Human Rights Commission of Pakistan (HRCP) is disappointed to see that Pakistan is not among the pioneer signatories to a UN convention against enforced disappearances. The convention was officially opened for signature in Paris on Tuesday.

The International Convention for the Protection of All Persons from Enforced Disappearances was approved by the UN General Assembly in January 2007, which was jointly championed by France and Argentina.

“It is a matter of utter disappointment to see that Pakistan has not even bothered to sign this UN Convention, which has been signed by some 57 countries, including India,” HRCP secretary-general Iqbal Haider told Dawn. Mr Haider reiterated the HRCP demand that Islamabad must sign and ratify the UN Convention against the enforced disappearances with the provisions of it in the letter and in spirit.

He also demanded that the federal, provincial governments and law-enforcement agencies must ensure release or production in the courts forthwith of all the illegally arrested, abducted and disappeared citizens and disclose reasons, justifications and charges, if any, for the arrest of the “abducted citizens”.

“All the authorities should restrain from illegally arresting or abducting, torturing, victimizing and harassing the said detained persons or implicating them in false or fabricated cases and to ensure their physical well being,” said Mr Haider, adding, “The authorities should allow advocates and members of the families of the victims to meet the disappeared or abducted citizens wherever they might be detained in the custody of civil or military authorities.”

Friday, February 09, 2007

America Does Not Sign Ban on Secret Detentions and Disappearances

Washington Post

By JAMEY KEATEN The Associated Press Tuesday, February 6, 2007

PARIS -- Nearly 60 countries signed a treaty on Tuesday that bans governments from holding people in secret detention, but the United States and some of its key European allies were not among them.

The signing capped a quarter-century of efforts by families of people who have vanished at the hands of governments.

French Foreign Minister Philippe Douste-Blazy, left, welcomes Argentina's first lady, lawmaker Cristina Kirchner as top officials from more than 50 countries were signing a new international treaty, Tuesday Feb.6, 2007 in Paris, banning forced disappearances, capping a quarter-century of efforts by families of those who vanished at the hands of governments.(AP Photo/Jacques Brinon) (Jacques Brinon - AP)

"Our American friends were naturally invited to this ceremony; unfortunately, they weren't able to join us," French Foreign Minister Philippe Douste-Blazy told reporters after 57 nations signed the treaty at his ministry in Paris.

"That won't prevent them from one day signing on in New York at U.N. headquarters _ and I hope they will."

State Department spokesman Sean McCormack declined comment except to say that the United States helped draft the treaty, but that the final text "did not meet our expectations."

McCormack declined comment on whether the U.S. stance was influenced by the administration's policy of sending terrorism suspects to CIA-run prisons overseas, which Bush acknowledged in September.

Many other Western nations, including Germany, Spain, Britain and Italy, also did not sign the treaty. France introduced the convention at the U.N. General Assembly in November and it was adopted in December.

Many delegates expressed hope that other nations will sign by year-end. Some European nations have expressed support for the treaty, but face constitutional hurdles or require a full Cabinet debate before signing, French and U.N. officials said.

The treaty was officially opened for signature at Tuesday's ceremony in Paris. It will enter into force after 20 countries ratify it, usually by a parliamentary vote.

U.N. High Commissioner for Human Rights Louise Arbour called the treaty an important step both in preventing injustices common years ago and barring newer abuses that often fall through regulatory loopholes.

Arbour said the United States had expressed "reservations" about parts of the text, but declined to elaborate, and she urged U.S. officials to sign and ratify it. She noted that America often backs activities of the UNHCR without formally signing on to them.

She called the treaty "a message to all modern-day authorities committed to the fight against terrorism" that some past tactics are now "not acceptable, in a very explicit way."

The convention defines forced disappearances as the arrest, detention, kidnapping or "any other form of deprivation of freedom" by state agents or affiliates, followed by denials or cover-ups about the detention and location of the person gone missing.

Nations that eventually ratify the text would enshrine victims' rights, and would require states to penalize any forced disappearances in their countries and enact preventative and monitoring measures.

French officials, who led the effort, counted more than 51,000 people who were disappeared by their governments in over 90 countries since 1980, Douste-Blazy said. Some 41,000 of those cases remain unsolved.

"Men and women disappear every day on every continent, for defending human rights, for just opposing their governments' policies or simply because they want justice," Douste-Blazy said. "The situation could not continue to go unpunished. It required a strong response from the international community."

Latin American states like Argentina, once plagued by disappearances, are now owning up to much of the violence that left hundreds of thousands dead or disappeared in the 1970s and 1980s. Disappearances were also a common Nazi tactic in World War II.

Argentina's first lady, lawmaker Cristina Kirchner, took part in the signing. She was in Paris in an effort to raise her profile before a potential presidential bid.

U.S. Declines to Join Accord on Secret Detentions

By Molly Moore Washington Post Foreign Service Wednesday, February 7, 2007

PARIS, Feb. 6 -- Representatives from 57 countries on Tuesday signed a long-negotiated treaty prohibiting governments from holding people in secret detention. The United States declined to endorse the document, saying its text did not meet U.S. expectations.

Louise Arbour, the U.N. high commissioner for human rights, said the treaty was "a message to all modern-day authorities committed to the fight against terrorism" that some practices are "not acceptable."

Ishmael Beah, a former child soldier in Sierra Leone, joins Ann Veneman, head of UNICEF, and French Foreign Minister Philippe Douste-Blazy at a conference on the issue in Paris. (By Christophe Ena -- Associated Press)

In Washington, State Department spokesman Sean McCormack declined to comment, except to say that the United States helped draft the treaty but that the final wording "did not meet our expectations."

The Associated Press reported that McCormack declined to comment on whether the U.S. stance was influenced by the Bush administration's policy of sending terrorism suspects to CIA-run prisons overseas, which President Bush acknowledged in September.

"Our American friends were naturally invited to this ceremony," French Foreign Minister Philippe Douste-Blazy said after the signing here. "Unfortunately, they weren't able to join us. That won't prevent them from one day signing on in New York at U.N. headquarters, and I hope they will."

Some U.S. allies in Europe also declined to join, among them Britain, Germany, Spain and Italy.

The convention defines forced disappearance as the arrest, detention or kidnapping of a person by state agents or affiliates and subsequent denials about the detention or location of the individual.

The treaty, adopted by the U.N. General Assembly in December, has been pushed for nearly a quarter-century by rights groups and the families of individuals who have disappeared at the hands of various governments. It also addresses the international debate over the rights of terrorism suspects.

At a separate gathering, a non-binding accord banning the use of child soldiers was signed here Tuesday by representatives of 58 countries, including African nations that have been harshly criticized by the United Nations and human rights groups for arming children. The United States did not participate, saying that it objected to some of the wording of the documents but that it remained committed to its treaty obligations on the issue.

Douste-Blazy, the French foreign minister, described the agreement as having "a great political value" in pressuring national armies, paramilitaries and opposition forces to stop using children as combatants.

"What this conference has shown is that there is a great deal of political commitment to ending the unlawful recruitment of children," said Rima Salah, deputy executive director of UNICEF, the United Nations' advocacy agency for children, which co-sponsored the conference with the French government. "What needs to be done now is to harness this commitment and turn it into concrete action on the ground."

U.N. and human rights groups estimate that as many as 300,000 children younger than 18 are used worldwide in armed conflicts as soldiers or servants for soldiers. They say girls in particular are often sexually abused and exploited by militaries and armed groups.

The accord calls for an immediate halt to recruitment of children, the release of those now serving in militaries or paramilitaries and the expansion of programs for reintegrating the youngsters into their communities and societies.

Among the countries signing the accord were Congo, Chad, Sudan and Uganda, all of which the United Nations has singled out on the abuse of children by armed factions and militaries. Burma and the Philippines, which the United Nations has also cited, did not take part in the conference or sign the agreement, UNICEF said.

The International Criminal Court in The Hague considers the use of children younger than 15 in armed conflicts a war crime and announced last week that Congolese warlord Thomas Lubanga Dyilo will be tried on charges of recruiting child soldiers as young as 10.

Thursday, February 08, 2007

US Military to File Charges Under New Rules

U.S. Military to File New Gitmo Charges

By THE ASSOCIATED PRESS

SAN JUAN, Puerto Rico (AP) -- The U.S. military will begin filing war crimes charges against detainees at Guantanamo Bay this week under new rules for trials that allow coerced or hearsay evidence, the lead prosecutor for the tribunals said Tuesday.

The first round of charges, expected by Friday, will be filed against a small number of suspects at the U.S. naval base in Cuba -- perhaps only a few of the 10 who were awaiting trial when the Supreme Court struck down as unconstitutional the last effort to try detainees, Air Force Col. Morris Davis said.

Once charges are filed, preliminary hearings are required within 30 days and a jury trial must begin within 120 days.

''We're obviously anxious to get the process started and we think the new rules give us what we need to hold full and fair trials,'' Davis said.

Earlier this month, the Pentagon released a manual outlining trial procedures. They are based on a law passed last year by Congress that restored President Bush's plans to hold special military commissions to try terror-war prisoners.

The rules grant defendants legal counsel and access to evidence used against them, but they lack some protections used in civilian and military courtrooms, such as rules against coerced evidence.

Defense attorneys complain there are no guarantees they will be able to challenge the reliability of evidence against their clients.

''The military from our perspective may attempt to proceed with some type of trial, but I can assure you it will be anything but fair,'' said attorney Wells Dixon of the Center for Constitutional Rights, which represents several hundred Guantanamo detainees.

About 395 men are held at Guantanamo Bay on suspicion of links to the Taliban or al-Qaida. All are classified as ''enemy combatants'' -- a status that accords them fewer rights than prisoners of war under international law. Most have been held for years without being charged.

The military says it has enough evidence to charge between 60 and 80 of the detainees under the new rules.

Hearsay -- a witness quoting someone else -- can be allowed as evidence if a judge rules the testimony is reliable. According to the Pentagon manual, this is necessary because witnesses -- such as military personnel or foreigners -- may not be available to testify.

The manual prohibits the use of statements obtained through torture and ''cruel, inhuman or degrading treatment.'' But it allows some evidence obtained through coercive interrogation techniques if obtained before Dec. 30, 2005, and deemed reliable by a judge.

Those convicted of spying or taking part in a ''conspiracy or joint enterprise'' that kills someone could face a maximum punishment of death. The maximum penalty for aiding the enemy -- such as providing ammunition or money -- is lifetime imprisonment.

Davis said renovations to the base's only courthouse will make it impossible to charge more than a small number of detainees for now.

''With that time clock and that one courtroom being off-line, it's going to require rolling these cases out at a slower pace than we anticipated,'' Davis said.

A Pentagon spokesman, Navy Cmdr. Jeffrey Gordon, declined to elaborate on the timetable for the tribunals.

Saturday, February 03, 2007

Guantanamo Bay like a Nazi concentration camp: Hicks

Guantanamo Bay like a concentration camp: HicksJanuary 30, 2007

ACCUSED terrorist David Hicks has told his lawyers that conditions at Guantanamo Bay, where he has been held for five years, are "like a Nazi concentration camp".
The 31-year-old father of two met his lawyers today inside the newly-created Camp Six at the US military prison in Cuba.

The Adelaide-born Muslim convert showed signs of mental deterioration, his Australian-based lawyer David McLeod said after the meeting.

“He shows all the signs of someone who has been kept in isolation for a very long time,” Mr McLeod said.

“He's not in very good shape, the conditions are pretty ordinary.”

Hicks has been detained by the US military without trial since he was captured with Taliban forces in Afghanistan in December 2001. He was sent to Guantanamo Bay the following month.

“He continues to be locked up 22 hours a day,” Mr McLeod said.

“He has seen the sun three times since he has been at Camp Six in early December.

“He has no privacy whatsoever in Camp Six - his toilet paper is rationed, he hasn't been able to comb his hair since going there because he's not provided with a comb or brush.

“The guards can see into his cell 24 hours a day.

“I won't go into his condition in more detail than that.

“We have just had some time with him and we are seeing him again tomorrow.

“But suffice to say, he's not in good shape.”

A US lawyer, Sabin Willett, has visited Camp Six, where Hicks was moved last month, and filed an emergency motion in the US Court of Appeals criticising the conditions.

In an affidavit to the court, Mr Willett described the conditions as like a “Nazi concentration camp - a place where, when they take you in, you never come out”.

In his affidavit, Mr Willett said Camp Six detainees are held in solid metal cells with no natural light or air and detailed other alleged human rights violations.

“We put those things very quickly to David and he confirmed each and every allegation of the nature of Camp Six,” Mr McLeod said.

“Those observations in those articles are totally consistent with what David is putting up with.”

US prosecutors are expected to within weeks lay fresh charges against Hicks, who is accused of training with al-Qa'ida.

He pleaded not guilty to charges of conspiracy, attempted murder by an unprivileged belligerent and aiding the enemy before a US military commission in August 2004.

But the charges were dropped last year when the US Supreme Court ruled the military commissions designed to prosecute Hicks and other Guantanamo detainees were unlawful.

The US announced its new rules for the commissions on January 18.