torture in detention
-
Egypt: Release human rights defenders Alaa Abdel Fattah, Mohamed El-Baqer and Mohamed Oxygen
Ahead of the Emergency Court verdict on 20 December, we, the undersigned organisations, call upon the Egyptian authorities to immediately and unconditionally release Alaa Abdel Fattah, Mohamed El-Baqer and Mohamed Ibrahim “Oxygen” and to drop all charges and cases against them. Their detention and imprisonment create an environment where freedom of expression is not respected. States and international institutions should raise these cases directly with their Egyptian counterparts and urge immediate release and dismissal of all charges.
-
IRAN: ‘Mahsa’s death highlights the struggle women must face just to go about their daily lives’
CIVICUS speaks with Kylie Moore-Gilbert about thecurrent women-led protests in Iran, sparked by Mahsa Amini’s death in the custody of the so-called ‘morality police’.
Kylie is a British-Australian women’s rights advocate and academic specialising in Islamic studies. She has extensively researched political issues in the Middle East, including the ‘Arab Spring’. In 2018 she was falsely charged with espionage and remained in prison in Iran for more than two years before being released in a prisoner exchange deal negotiated by the Australian government. She speaks about this experience in a recently published book,The Uncaged Sky: My 804 days in an Iranian prison.
What are the demands of the protesters currently mobilised in Iran?
In contrast to previous outbreaks of protest and civil unrest in Iran, from the very first day the current protesters adopted slogans calling for the fall of the Islamic Republic regime. Their slogans include ‘Death to Khamenei’, the Supreme Leader, ‘Down with the dictator’ and ‘No to the Islamic Republic’.
While the trigger for the unrest was the senseless death of Mahsa Amini at the hands of the morality police, the issue of forced hijab and the harassment of women by regime officials due to their clothing and behaviour has become a symbol of the protesters’ desire to remove this regime altogether. Protesters are demanding freedom, equality between women and men and an end to the tyranny imposed on them by Iran’s regime of ageing clerics.
The protests are happening countrywide and have involved Persian and ethnic-minority communities, irrespective of language, religion or class. To further their demands, protesters are using overwhelmingly peaceful tactics, such as rallies and marches, organised hijab-burnings and hair-cuttings, and general strikes.
How have the authorities responded to the protests so far?
The protests have faced a rolling crackdown since their inception. Many protesters, including several young teenagers, have been shot dead in the streets by security forces. Thousands have been rounded up and arrested. Sharif University of Technology was besieged for several days, with its students rounded up, beaten and imprisoned.
The regime has cut off internet access to most of the country in a bid to contain protests. This is why it is so important for the international community to keep up the pressure on Iran and continue to shine a light on its human rights abuses. It must help prevent a massacre of innocent protesters and hold the regime to account for its crimes.
Has Amini’s case helped reveal underlying women’s rights issues?
Yes, most definitely. One reason why Amini’s arrest and murder touched such a nerve in Iran is that nearly all Iranian women, and many men too, have had similar encounters with the morality police at some point in their lives. What happened to Mahsa could have happened to any one of them.
Mahsa’s death highlights the struggle women in Iran must face just to go about their daily lives. Women are routinely harassed in public by regime officials and pro-regime sympathisers for ‘bad hijab’ and are even banned from singing and dancing, hugging or touching men who are not their relatives, among too many other things. Many Iranian women are tired of the constant policing of their appearance and behaviour. They want to be free to get on with their lives as they see fit.
What needs to change for women’s rights to gain recognition in Iran?
For women’s rights to be recognised, the regime would have to change. I do not believe the Iranian government is capable of reforming itself. Forced hijab and discriminatory laws against women are a core pillar of the regime’s ideology. If it granted women equal rights, it would cease to exist.
My hope is that the protests will make a difference well beyond women’s rights. As the protests are now entering their third week, my hope is that they will eventually lead to the downfall of the regime altogether. Iranians deserve a democratic government that respects gender equality and freedom of speech and is truly representative of the will of the people.
What kind of assistance does Iranian civil society need from the international community?
Iranian civil society desperately needs its voices to be amplified internationally and for attention to continue to be focused on what is happening inside Iran. The full glare of international media and foreign governments will act as something of a brake on the worst excesses of the regime’s crackdown.
The international community could also assist in trying to keep Iran’s internet functioning, so protesters can communicate with one another and get news, photos and videos out of Iran so the world knows what is happening there.
Foreign governments could also impose sanctions on Iranian officials responsible for the crackdown and other human rights abuses, and should cease all negotiations with Iran over sanctions relief and unfreezing Iranian assets abroad.
Civic space in Iran is rated ‘closed’ by theCIVICUS Monitor.
Follow @KMooreGilbert on Twitter.
-
Malaysia: IPCC bill is a step backwards for police accountability
Today, we—Amnesty International Malaysia, ARTICLE 19, CIVICUS: World Alliance for Citizen Participation and Human Rights Watch—call on Members of Parliament in Malaysia to reject the deeply flawed Independent Police Conduct Commission (IPCC) bill and move quickly to table a bill to establish a police accountability mechanism that is truly independent and capable of ensuring adequate police oversight.
The IPCC bill is expected to be tabled in Parliament during this Parliamentary sitting for its second reading. While there is little doubt that Malaysia desperately needs an independent oversight commission for the police, the IPCC bill, first tabled in August 2020, further weakens the already anaemic oversight mechanism currently in place and must be rejected.
The bill fails to address widespread public concerns about police misconduct, ongoing misuse of power against government critics, and custodial deaths. If passed, the bill would not, as the government states, promote accountability, but rather shield police officers from scrutiny and independent oversight.
Police abuse of power in Malaysia
Malaysia has a long history of police abuse, including the excessive use of force, torture, ill-treatment, harassment, and deaths in custody. Human rights violations by police officers have been documented by both national and international non-governmental organisations (NGOs).
The police have also abused their power to restrict freedom of expression and assembly in Malaysia. The space for peaceful protests has shrunk considerably. Police personnel continue to harass those criticising governmentofficials and have arbitrarily arrested peaceful protesters under the guise of dealing with the COVID-19 pandemic.
The aggressive application of the Sedition Act 1948, in particular against government critics, is another abuse of police power frequently witnessed. Between January and August 2021, NGOs documented investigations under the Sedition Act being opened by police in 17 cases involving 37 individuals in total. The recent investigations of the #Lawan protest organisers under the Sedition Act are another worrying example of police overstep to the detriment of human rights.
The Communications and Multimedia Act is also frequently used by the police to censor human rights defenders, journalists, artists, political opponents, and ordinary members of the public who have been critical of the police, government officials or Malaysian royalty, or shared opinions about issues deemed sensitive by the government, such as race and religion.
Police misconduct and violence
This year alone we have seen multiple alarming custodial deaths. In January, former police volunteer reservist Mohd Afis Ahmad died from blunt force trauma to the head just a day after he was arrested. In another case in April, milk trader A Ganapathy was admitted to the Intensive Care Unit upon his release following 12 days in police custody, where he later died. Autopsy results revealed he died from complications arising from injuries on his legs and shoulders, believed to have been sustained while in police custody. In May, security guard S Sivabalan died about 70 minutes after he was arrested by police, allegedly of a heart attack. Promised investigations into each of the above cases appear not to have made any progress.
Police misconduct is not limited to deaths in custody. Allegations of corruption, abuse of power and links to criminal elements have also been raised in recent years. In March this year we were alarmed by allegations from the former Inspector General of Police (IGP) Abdul Hamid Bador that there is a movement of corrupt young police officers or ‘cartels’ within the police force whose ambition is to dominate the police force enabling them to carry out ‘dirty work’ for their own personal interests.
The allegations from the former IGP have shocked the public and highlighted how crucial it is to establish an independent body to investigate these claims and to reform the police force. An independent and effective oversight commission is not going to solve all these problems, but it is an important first step, given the lack of accountability within the police force in Malaysia.
Independent Police Conduct Commission (IPCC)
Despite these concerns, the tabled IPCC bill is not a move towards police accountability but the opposite. The bill further weakens the limited police oversight provided by the current system under the Enforcement Agency Integrity Commission (EAIC). Our key concerns with the bill are as follows:
- No powers of search and seizure- The EAIC, for all its weaknesses, has the power to perform searches and seizures in its investigations of wrongdoing, including custodial deaths. The IPCC does not and as such would weaken the ability to conduct meaningful and effective investigations into police misconduct.
- Limited powers to compel documents and no provisions for hearingsUnder the IPCC, documents or evidence can be withheld if deemed ‘prejudicial to national security or national interest,’ a vaguely defined clause that is open to abuse. Unlike the EAIC, the IPCC does not provide for a hearing. Hearings would allow commissioners to fully explore and examine complaints, ensure greater transparency to victims of abuses and their families, and inform the public and decision makers around police procedures and policies.
- Prior notice requirement for site visits- The IPCC commissioners cannot visit police premises, lockups, or places of detention without prior notice to the head of department. Experience from the National Human Rights Commission of Malaysia (SUHAKAM) shows that authorities may treat early notice requirements as permission requirements, diluting the power of site visits.
- Limited investigation power - Even if the IPCC commissioners are able to successfully carry out investigations despite the above limitations, its powers are limited to making recommendations to a relevant body such as the Police Force Commission, the Malaysian Anti-Corruption Commission or other relevant authorities. Given how recommendations by bodies such as the EAIC and SUHAKAM have been consistently ignored, it is not unreasonable to expect the IPCC will face the same blue brick wall. The IPCC is also exempt from investigating any act provided for in the Inspector-General Standing Orders (IGSO) (Sections 96 and 97 of the Police Act 1967). The standing orders generally govern issues such as the conduct of arrests, the treatment of detainees, and on matters related to permissible use of weapons, amongst others.
- Appointment process lacks independence and is unclear- Under the IPCC, as with the EAIC, members of the Commission will be appointed and dismissed by the King on the advice of the Prime Minister, calling into question the independence of the body. Moreover, appointed members may themselves be police officers. The Chief Executive Officer of the Commission is appointed by the Minister of Home Affairs, which further undermines the principle of independence and impartiality.
The need for an independent police oversight body
The idea of an independent police oversight body was first proposed in 2005, as part of 125 recommendations made by the Royal Commission to Enhance the Operation and Management of the Royal Malaysian Police. The commission was composed of prominent public figures, including a former IGP. The police force also made its submissions as did the Retired Senior Police Officers' Association of Malaysia.
A key recommendation was the establishment of an Independent Police Complaints and Misconduct Commission (IPCMC) to investigate police abuses and discipline those responsible. A proposed bill was drafted as part of the report. Yet, more than 16 years later, Malaysia seems to be moving ever further away from meaningful police reform.
Police leadership has resisted independent oversight and the IPCMC has not yet been established, despite vigorous and sustained campaigning from civil society and human rights organisations. The previous Pakatan Harapan government tabledan IPCMC bill in July 2019 although it was criticised by human rights groups for being insufficient.
Malaysia needs an independent oversight body that is truly independent and impartial from the State and the police, to avoid a conflict of interests. To be effective, the oversight body must possess real powers and responsibilities to investigate and take concrete action against police officers responsible for serious abuses. It is long overdue for the Malaysian government to treat the matter of custodial deaths and other police misconduct with the urgency it warrants. The families of those who have died while in police detention deserve answers and justice for their loved ones. People in Malaysia need to be assured that these deaths will not continue to occur with impunity and that those who abuse their positions of power and responsibility will be held accountable.
Therefore, we urge the government to drop the IPCC bill and instead urgently table a bill that establishes an oversight commission that is truly independent, with sufficient powers to effectively investigate and take action against police misconduct. The rule of law applies to all, even the police.
Endorsed by
- Amnesty International Malaysia
- ARTICLE 19
- CIVICUS: World Alliance for Citizen Participation
- Human Rights Watch
Civic space in Malaysia is rated as ‘obstructed’ by the CIVICUS Monitor.
-
Rights Groups Urge Bahrain to Release Dr Abduljalil AlSingace, Jailed Academic on Hunger Strike
Dr Abduljalil AlSingace, an imprisoned opposition activist and human rights defender, has been on hunger strike since 8 July 2021. He is protesting against persistent ill-treatment at the hands of Jau Prison authorities, the main prison in Bahrain, restrictions imposed during COVID19 limiting prisoners contact to only five numbers, and to demand that a book he wrote in prison that was confiscated be immediately handed to his family, a coalition of 16 rights groups stated today.
A respected academic and blogger, Dr AlSingace has spent the last decade in prison serving a life imprisonment sentence. He was amongst 13 opposition activists arrested between 17 March and 9 April 2011, including high-profile political opposition leaders, activists and human rights defenders, who were then convicted by a military tribunal for their roles in the 2011 pro-democracy protest movement.
According to the 2011 Bahrain Independent Commission of Inquiry, Bahraini authorities placed Dr AlSingace in solitary confinement for two months and subjected him to torture following his arrest, including being repeatedly beaten and “sexually molested”.
Dr AlSingace launched a hunger strike on 8 July 2021 in response to degrading treatment he was subjected to by a prison officer, to protest the restriction of being permitted to call only five numbers during the ongoing COVID19 pandemic, and to demand the return of his book, confiscated by prison guards on 9 April 2021, and on which he worked for at least four years. We understand the book to be a study of linguistic diversity among Bahraini Arabic dialects, without any political content, yet the book has not been returned despite repeated promises by prison authorities.
On 19 July, the Office of the Public Prosecution referred AlSingace’s case to the Ombudsman of the Ministry of Interior (the Ombudsman). The statement from the Public Prosecution incorrectly provided that AlSingace’s hunger strike was also related to “the refusal of the [Jau’s Reformation and Rehabilitation] centre’s administration to allow him to contact his relatives”.
According to the Ombudsman, who cleared the prison officials from any wrongdoing and accused Dr AlSingace for alleged “smuggling” of his own work, Dr Al Singace “was not subjected to mistreatment”. This conclusion was reached without Dr AlSingace’s testimony as he refused to be interviewed. Human Rights Watch has found that the Ombudsman has repeatedly failed to investigate credible allegations of prison abuse or to hold officials accountable. The UN Committee against Torture has also raised concerns that these bodies were neither independent nor effective.
Although the Ombudsman states that prison authorities “did not intend to confiscate the papers”, it confirms “that the reason for [Dr AlSingace’s] hunger strike was the confiscation of the papers he wrote” and that his work cannot be returned until a “legal decision” is taken.
Many imprisoned political leaders in Bahrain are older and suffer from pre-existing health conditions and consequences of their torture in 2011, which today make them particularly vulnerable to diseases like COVID-19. Dr AlSingace has several chronic illnesses, suffering from post-polio syndrome, vertigo, causing him to lose his balance and fall, a slipped disk in his back and neck, causing chronic pain, and paresthesia in his muscles and limbs. Consequently, AlSingace requires the use of crutches or a wheelchair and is among those most at risk. Dr AlSingace has faced sustained medical negligence by prison authorities throughout his 10-year imprisonment, namely the prison’s regular refusal to take him to appointments with medical specialists over the past four years.
We are thus deeply disturbed receive reports from family members that on 18 July 2021 Dr AlSingace was transferred to the Ministry of Interior medical facility in al-Qalaa for monitoring and to be given intravenous fluids; by 29 July AlSingace had reportedly already lost 10kg. Recent outbreaks of COVID-19 reported at Jau Prison create an additional threat to Dr AlSingace’s health.
Since his imprisonment, the international community has made consistent calls for his immediate and unconditional release, including the United Nations Special Rapporteurs on Human Rights Defenders, leading international human rights organisations, and American, British and European legislators.
The confiscation of Dr AlSingace’s book is an unjust punishment and the authorities must ensure the protection of his rights, including the return of his intellectual property. We call for Dr AlSingace’s immediate and unconditional release and for his work to be immediately given to his family.
Signatories
1. Americans for Democracy & Human Rights in Bahrain (ADHRB)
2. Amnesty International
3. Bahrain Centre for Human Rights (BCHR)
4. Bahrain Institute for Rights and Democracy (BIRD)
5. CIVICUS
6. Committee to Protect Journalists (CPJ)
7. English PEN
8. European Centre for Democracy and Human Rights (ECDHR)
9. Gulf Centre for Human Rights (GCHR)
10. Human Rights First
11. IFEX
12. International Service for Human Rights (ISHR)
13. PEN International
14. Scholars at Risk
15. REDRESS
16. World Organisation Against Torture (OMCT)Civic space in Bahrain is rated as Closed by the CIVICUS Monitor