United Kingdom: A shadow criminal justice system
The UK government has effectively created a shadow criminal justice system for non-UK nationals which fails to meet international standards for a fair trial a new report by Amnesty International says. The system permits potentially indefinite detention on the basis of secret "evidence" and allows the use of "evidence" extracted under torture.
UK: Justice Perverted under the Anti-terrorism, Crime and Security Act 2001 examines Part 4 of the Anti-terrorism Crime and Security Act, 2001 (the Act) which permits the potentially indefinite detention of non-UK citizens without charge or trial. There are currently 14 people held under this legislation, six of whom will have been in detention for two years on 19 December.
"The Act is discriminatory - there is one set of rules for British citizens and another for nationals of other countries. It effectively allows non-nationals to be treated as if they have been charged with a criminal offence, convicted without a trial and sentenced to an open-ended term of imprisonment. In no respect can this be considered just," Amnesty International said.
Amnesty International has monitored the open sessions of the proceedings brought by a number of detainees to appeal against their certification by the Home Secretary as "suspected international terrorists". During the course of the hearings - some parts of which were closed - the Special Immigration Appeals Commission (SIAC) made a number of disconcerting rulings. In particular it effectively denied the detainees the presumption of innocence. The burden of proof used to detain these individuals is lower than that even of a civil case.
"These individuals face indefinite detention on the basis of a lower standard of proof than would be necessary in a civil court case to recover damages following a car accident."
"What is more, they can be held indefinitely on the basis of secret 'evidence'. Evidence that neither they nor their legal representatives can access and challenge."
Amnesty International is deeply concerned that SIAC also ruled, during the appeal hearings, that "evidence" extracted by torturing a third party is not only admissible, but may also be relied upon by the SIAC in reaching its judgments.
"By indicating that they are prepared to rely on evidence extracted under torture, the UK legal process has effectively given a green light to torturers. Using evidence tainted by allegations of torture is contrary to any notion of justice and respect for the law," Amnesty International stated.
"The UK government should repeal Part 4 of this legislation and ensure the same legal safeguards for all individuals regardless of their origin."
"If there is sufficient evidence to warrant holding these individuals indefinitely they should be charged and tried in proceedings which meet international fair trial standards. Otherwise they should be released."
Read the full report:
UK: Justice Perverted under the Anti-terrorism, Crime and Security Act 2001;
http://web.amnesty.org/library/Index/ENGEUR450292003
Iraq: Tribunal established without consultation
Amnesty International has expressed concern to the Coalition Provisional Authority (CPA) and the Iraqi Governing Council about the decision to establish an Iraqi special tribunal that was taken without prior consultation with the Iraqi civil society or the international community.
"We have been urging that the proposals to establish the tribunal be subject to widespread consultation within Iraqi civil society, especially the legal profession and human rights groups, as well as the international community," said Amnesty International today. "Unfortunately, the draft statute of the tribunal was not made public before its adoption."
Under international humanitarian law, the authority of the CPA as an Occupying Power to establish a tribunal of the scope envisaged for the Iraqi special tribunal is doubtful at best. Amnesty International is concerned about reports that the tribunal will use Iraqi criminal code - some aspects of which are inconsistent with international human rights standards - to regulate trial procedures and define crimes and punishments.
"We are particularly concerned that the Iraqi Penal Code provides for the death penalty for crimes under the jurisdiction of the tribunal," said Amnesty International.
Amnesty International is seeking a copy of the statute that was adopted in order to analyze it in detail.
Colombia: Constitutional Reform undermines human rights
There's a lack of political will to protect human rights in Colombia, said Amnesty International after Congress approved yesterday a constitutional reform that grants judicial police powers to the armed forces in the country.
This measure - which will not become law until enabling legislation is approved by Congress later next year - will allow the armed forces to carry out raids, tap telephones, and make arrests without judicial authority on the basis of military accusations -- with no need to undertake proper and impartial judicial investigations.
"This decision will have disastrous impact on human rights by further contributing to the military's campaign to intimidate and discredit human rights defenders and social organizations, among others. In short, the military, which has a poor human rights record, will now have the power to investigate and detain civilians" warned Amnesty International.
The granting of judicial police powers to the military is in clear violation of international human rights treaties to which Colombia is signatory and of repeated recommendations by the United Nations Commission on Human Rights and the Inter-American Commission on Human Rights of the Organization of American States.
"This measure is not only flouting the government's repeated commitments to the international community to act within the rule of law and respect human rights but also failing Colombia's obligation to guarantee basic human rights standards", Amnesty International concluded.
General information
Efforts to grant judicial police powers to the military have been repeatedly declared unconstitutional by Colombia's Constitutional Court. Attempts by then President Andrés Pastrana to give such powers to the armed forces, a measure included in the now defunct Defence and National Security Law, were declared unconstitutional on 11 April 2002. In a ruling, made public on 25 November 2002, the Court also threw out similar measures contained in Decree 2002, issued by the government of President Uribe on 9 September 2002.
In a letter sent to Congress on 12 May, Amnesty International asked the members of Colombia's legislature to reject this proposal, arguing that "Congress has a key role to play in upholding Colombia's constitutional system. If Congress approves the restoration of judicial police powers to the military one of the most important tenets of human rights protection in Colombia will be seriously undermined."
Amnesty International
For more information please contact: http://www.amnesty.org
For latest human rights news view: http://news.amnesty.org
Please also see:
Government 'has created UK Guantánamo';
http://www.guardian.co.uk/humanrights/story/0,7369,1104933,00.html
U.S. Says Deal Reached with EU on Air Passengers;
http://www.reuters.com/newsArticle.jhtml?type=topNews&storyID=3976190
New Activist Network Slams Growing Abuses Under Bush
http://www.informationclearinghouse.info/article5367.htm
The UK government has effectively created a shadow criminal justice system for non-UK nationals which fails to meet international standards for a fair trial a new report by Amnesty International says. The system permits potentially indefinite detention on the basis of secret "evidence" and allows the use of "evidence" extracted under torture.
UK: Justice Perverted under the Anti-terrorism, Crime and Security Act 2001 examines Part 4 of the Anti-terrorism Crime and Security Act, 2001 (the Act) which permits the potentially indefinite detention of non-UK citizens without charge or trial. There are currently 14 people held under this legislation, six of whom will have been in detention for two years on 19 December.
"The Act is discriminatory - there is one set of rules for British citizens and another for nationals of other countries. It effectively allows non-nationals to be treated as if they have been charged with a criminal offence, convicted without a trial and sentenced to an open-ended term of imprisonment. In no respect can this be considered just," Amnesty International said.
Amnesty International has monitored the open sessions of the proceedings brought by a number of detainees to appeal against their certification by the Home Secretary as "suspected international terrorists". During the course of the hearings - some parts of which were closed - the Special Immigration Appeals Commission (SIAC) made a number of disconcerting rulings. In particular it effectively denied the detainees the presumption of innocence. The burden of proof used to detain these individuals is lower than that even of a civil case.
"These individuals face indefinite detention on the basis of a lower standard of proof than would be necessary in a civil court case to recover damages following a car accident."
"What is more, they can be held indefinitely on the basis of secret 'evidence'. Evidence that neither they nor their legal representatives can access and challenge."
Amnesty International is deeply concerned that SIAC also ruled, during the appeal hearings, that "evidence" extracted by torturing a third party is not only admissible, but may also be relied upon by the SIAC in reaching its judgments.
"By indicating that they are prepared to rely on evidence extracted under torture, the UK legal process has effectively given a green light to torturers. Using evidence tainted by allegations of torture is contrary to any notion of justice and respect for the law," Amnesty International stated.
"The UK government should repeal Part 4 of this legislation and ensure the same legal safeguards for all individuals regardless of their origin."
"If there is sufficient evidence to warrant holding these individuals indefinitely they should be charged and tried in proceedings which meet international fair trial standards. Otherwise they should be released."
Read the full report:
UK: Justice Perverted under the Anti-terrorism, Crime and Security Act 2001;
http://web.amnesty.org/library/Index/ENGEUR450292003
Iraq: Tribunal established without consultation
Amnesty International has expressed concern to the Coalition Provisional Authority (CPA) and the Iraqi Governing Council about the decision to establish an Iraqi special tribunal that was taken without prior consultation with the Iraqi civil society or the international community.
"We have been urging that the proposals to establish the tribunal be subject to widespread consultation within Iraqi civil society, especially the legal profession and human rights groups, as well as the international community," said Amnesty International today. "Unfortunately, the draft statute of the tribunal was not made public before its adoption."
Under international humanitarian law, the authority of the CPA as an Occupying Power to establish a tribunal of the scope envisaged for the Iraqi special tribunal is doubtful at best. Amnesty International is concerned about reports that the tribunal will use Iraqi criminal code - some aspects of which are inconsistent with international human rights standards - to regulate trial procedures and define crimes and punishments.
"We are particularly concerned that the Iraqi Penal Code provides for the death penalty for crimes under the jurisdiction of the tribunal," said Amnesty International.
Amnesty International is seeking a copy of the statute that was adopted in order to analyze it in detail.
Colombia: Constitutional Reform undermines human rights
There's a lack of political will to protect human rights in Colombia, said Amnesty International after Congress approved yesterday a constitutional reform that grants judicial police powers to the armed forces in the country.
This measure - which will not become law until enabling legislation is approved by Congress later next year - will allow the armed forces to carry out raids, tap telephones, and make arrests without judicial authority on the basis of military accusations -- with no need to undertake proper and impartial judicial investigations.
"This decision will have disastrous impact on human rights by further contributing to the military's campaign to intimidate and discredit human rights defenders and social organizations, among others. In short, the military, which has a poor human rights record, will now have the power to investigate and detain civilians" warned Amnesty International.
The granting of judicial police powers to the military is in clear violation of international human rights treaties to which Colombia is signatory and of repeated recommendations by the United Nations Commission on Human Rights and the Inter-American Commission on Human Rights of the Organization of American States.
"This measure is not only flouting the government's repeated commitments to the international community to act within the rule of law and respect human rights but also failing Colombia's obligation to guarantee basic human rights standards", Amnesty International concluded.
General information
Efforts to grant judicial police powers to the military have been repeatedly declared unconstitutional by Colombia's Constitutional Court. Attempts by then President Andrés Pastrana to give such powers to the armed forces, a measure included in the now defunct Defence and National Security Law, were declared unconstitutional on 11 April 2002. In a ruling, made public on 25 November 2002, the Court also threw out similar measures contained in Decree 2002, issued by the government of President Uribe on 9 September 2002.
In a letter sent to Congress on 12 May, Amnesty International asked the members of Colombia's legislature to reject this proposal, arguing that "Congress has a key role to play in upholding Colombia's constitutional system. If Congress approves the restoration of judicial police powers to the military one of the most important tenets of human rights protection in Colombia will be seriously undermined."
Amnesty International
For more information please contact: http://www.amnesty.org
For latest human rights news view: http://news.amnesty.org
Please also see:
Government 'has created UK Guantánamo';
http://www.guardian.co.uk/humanrights/story/0,7369,1104933,00.html
U.S. Says Deal Reached with EU on Air Passengers;
http://www.reuters.com/newsArticle.jhtml?type=topNews&storyID=3976190
New Activist Network Slams Growing Abuses Under Bush
http://www.informationclearinghouse.info/article5367.htm