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HUMAN RIGHTS WATCH
MONTHLY EMAIL UPDATE
September 2002

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> Abuse of Post-September 11 Detainees
> UNHCR Guidelines on Categories of Afghans Still at Risk
> Bulgaria Approves Long Awaited Arms Trade Reforms
> Attacks on HIV/AIDS Workers in India
> Women's Treaty Moves Toward U.S. Ratification
> Promoting Accountability for War Crimes in FR Yugoslavia
> Nigeria Cracks Down on Vigilantes
> United Nations Issues Critical Report on Turkey's Treatment of IDPs
> U.S. Conditions Aid to Uzbekistan
> Plight of Religious Minorities in Georgia Receives Long-Due Attention
> Protesting Libya's Nomination to the UN Commission on Human Rights
> Iran Issues Standing Invitation by UN Monitoring Inspectors
> New on The Net
    - Women's Rights Division
    - Global Issue Pages
    - Frequently Asked Questions
    - Traveling Film Festival
> Become A Member Or Make A Contribution
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ABUSE OF POST-SEPTEMBER 11 DETAINEES

On August 15, HRW released "Presumption of Guilt: Human Rights Abuses of Post-September 11 Detainees." The report is based on interviews with scores of detainees and their attorneys, documenting cases of arbitrary detention, due process violations, and secret arrests and proceedings. It concludes that the Department of Justice has misused immigration charges to dodge legal restraints on its power to detain and interrogate persons as it pursues its terrorist investigation. The Justice Department has exercised virtually unchecked power over those it has detained by restricting judicial oversight, providing only limited information to Congress, and blocking public scrutiny.
Human Rights Watch found that the U.S. government has held some post-September 11 detainees for prolonged periods without charges; impeded their access to counsel; subjected them to coercive interrogations; and overridden judicial orders to release detainees pending immigration hearings. The Department has also incarcerated them under restrictive conditions in some cases, including solitary confinement for months. Some detainees were physically and verbally abused while confined.
HRW gave numerous interviews to TV, radio and print media in both the US and Europe. The report has been distributed widely to governments, including the countries of origin of many detainees, as well as to relevant UN bodies.
     In advance of the Senate Judiciary Committee's oversight hearing with Attorney General Ashcroft on July 25, Human Rights Watch worked with Judiciary Committee staff to encourage the Committee to question Ashcroft about the detention of persons apprehended inside the United States as "enemy combatants." We provided background information and detailed specific issues and concerns to be raised at the hearing. Several Senators, notably Senators John Edwards (D-NC) and Russ Feingold (D-WI), asked probing questions of Ashcroft - the first time that Senators have contested the Administration's handling of persons detained in connection with September 11 in such a concentrated way. Senator Chuck Schumer (D-NY) also criticized the Attorney General for his lack of consultation with Congress in announcing new powers and initiatives for the Department of Justice, and Senator Arlen Specter (R-PA) sharply criticized the Department for failing to respond to his repeated inquiries regarding persons detained by the INS in connection with the September 11 investigation, and argued strongly in favor of establishing a clear standard for keeping persons detained pending hearings on their immigration status.

Read the report at http://www.hrw.org/reports/2002/us911/
Read more at http://hrw.org/press/2002/06/us0612.htm


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UNHCR GUIDELINES ON CATEGORIES OF AFGHANS STILL AT RISK

In July, the United Nations High Commissioner for Refugees drafted guidelines for governments on categories of Afghans who still require protection and should not be returned to Afghanistan. The document referred extensively to Human Rights Watch research on anti-Pashtun violence in northern Afghanistan and continuing violations of the rights of women in Afghanistan. Human Rights Watch remains deeply concerned about these violations and conditions for returning refugees and displaced persons in Afghanistan. Earlier in July, UNCHR had issued a press release encouraging the return of Afghans because of "improvements in the situation in Afghanistan over the past five months." It said, "Today, a legitimate government is in place, and there is no longer a civil war raging in the central and northern parts of the country." Immediately following this announcement, HRW issued a press release critiquing the new policy as misleading and contradicted by conditions on the ground.

Read the HRW report, "Paying for the Taliban's Crimes: Abuses Against Ethnic Pashtuns in Northern Afghanistan," at http://www.hrw.org/reports/2002/afghan2/


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BULGARIA APPROVES LONG AWAITED ARMS TRADE REFORMS

On July 18, the Bulgarian parliament approved important changes to the country's law on the foreign trade in weapons. Since issuing a 1999 report on Bulgaria's role as a key weapons supplier to governments and armed groups that abuse human rights, Human Rights Watch has called for reform to tighten arms trade controls. HRW encouraged NATO and European Union officials to use their leverage to press for needed changes in Bulgaria, which is seeking membership in both organizations.
     Prior to the vote, HRW issued a July 3 briefing paper analyzing the legislation. The document was circulated to parliamentarians, government officials, and diplomats with assistance from the Bulgarian Helsinki Committee.
The new law incorporates a number of changes that correspond to recommendations made by HRW and other observers. It gives greater emphasis and weight to international obligations and commitments, introduces brokering controls, and seeks to prevent the diversion of weapons shipments to unauthorized destinations.
     On July 16, HRW and the Bulgarian Helsinki Committee issued a joint press statement welcoming the reforms as a step forward while cautioning that they were incomplete in some respects and that much more needed to be done to ensure strict implementation and enforcement. The statement drew attention in the Bulgarian media and helped spur interest in the foreign press.

Read the briefing paper and statement (in English and Bulgarian) at http://www.hrw.org/arms/cee.php


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ATTACKS ON HIV/AIDS WORKERS IN INDIA

Widespread police harassment of HIV/AIDS outreach workers in India, especially those working with women in prostitution and men who have sex with men, is undermining efforts to contain one of the worst epidemics in the world. HRW released a report, "Epidemic of Abuse: Police Harassment of HIV/AIDS Outreach Workers in India," at the XIV International AIDS Conference in Barcelona, Spain in July. The report drew extensive press attention throughout India and the world, both at the time of its launch and when former President Bill Clinton described the results of the report in his closing speech to the Barcelona Conference. It is too early to judge the impact of this report in India, but NGOs plan to use the report in a hearing in the Delhi High Court on their petition to repeal the antiquated sodomy law in the Indian Penal Code.
The national AIDS program in India is funded largely by a World Bank loan. Human Rights Watch spoke with the head of the World Bank AIDS evaluation mission, which was scheduled to begin its work in August, suggesting human rights issues that should figure in the Bank's evaluation of the national AIDS program.

Read the report at http://www.hrw.org/reports/2002/india2/


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WOMEN'S TREATY MOVES TOWARD U.S. RATIFICATION

On July 30, in an historic and long-awaited vote, the U.S. Senate Foreign Relations Committee voted 12 to 7 to send the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) to the full Senate for consideration. This important step toward U.S. ratification of the treaty came after years of advocacy by a coalition of activists including HRW.
     CEDAW is the most authoritative U.N. human rights instrument to protect women from discrimination. It is the first international treaty to comprehensively address fundamental rights for women in politics, health care, education, economics, employment, law, property, and marriage and family relations. The United States is the last remaining industrialized nation not to have ratified CEDAW, and there will be a tactical fight ahead to persuade enough senators to vote for CEDAW ratification.

Find out more and take action at http://www.hrw.org/campaigns/cedaw/


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PROMOTING ACCOUNTABILITY FOR WAR CRIMES IN EX-YUGOSLAVIA

Human Rights Watch continues to press Belgrade to cooperate with the International Criminal Tribunal for the former Yugoslavia, and the impact of our work has begun to be felt in policy and media circles there. HRW's Belgrade-based researcher, Bogdan Ivanisevic, appeared on Radio Free Europe along with Yugoslav Foreign Minister Goran Svilanovic, challenging Svilanovic to defend Yugoslavia's record on cooperation with the ICTY. HRW's July Briefing Paper on Yugoslavia's readiness for membership in the Council of Europe also provoked a public statement from Dragoljub Micunovic, the President of a Chamber of the Yugoslav Parliament and Chair of Yugoslavia's delegation to the Council of Europe Parliamentary Assembly. Bogdan also recently published two provocative op-eds on the Milosevic trial in Belgrade's leading daily, Politika, stimulating discussion among relevant media and policy actors in Belgrade and The Hague. In the most recent piece, published in late July, Bogdan argued that the government and media are not portraying the trial accurately and are giving Milosevic's arguments about tribunal bias more credence than they deserve - undermining the potential of the trial to advance the political transformation of Yugoslavia.

Read the July 11 briefing paper and accompanying press release at: http://www.hrw.org/backgrounder/eca/yugo-bck0711.htm and http://hrw.org/press/2002/07/yugo0711.htm

Read Bogdan Ivanisevic's most recent op-ed at: http://hrw.org/editorials/2002/iwpr071802.htm

For more on accountability and human rights in Yugoslavia, visit http://www.hrw.org/europe/fry.php


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NIGERIA CRACKS DOWN ON VIGILANTES

On August 8, the BBC reported that the Nigerian police arrested more than 30 people and "closed down what they described as torture centres belonging to the group known as the Bakassi Boys.... The police action follows growing concern that such vigilante organisations may be used as hired thugs by local politicians in the forthcoming
election period." On May 20, Human Rights Watch and the Centre for Law Enforcement Education released "Nigeria: The Bakassi Boys: The Legitimization of Murder and Torture." The report charged the vigilante group with responsibility for scores of extrajudicial executions and hundreds of cases of torture and arbitrary detentions. These abuses have been tolerated, and sometimes actively encouraged, by state government authorities.

Read HRW's report, "The Bakassi Boys: The Legitimization of Murder and Torture," at http://www.hrw.org/reports/2002/nigeria2/


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UNITED NATIONS ISSUES CRITICAL REPORT ON TURKEY'S TREATMENT OF INTERNALLY DISPLACED PERSONS

Human Rights Watch's concerns about the Turkish government's flawed return program for those forcibly displaced in the southeast of the country were well reflected in a recent statement issued by Francis Deng, United Nations Representative of the Secretary-General on Internally Displaced Persons. Human Rights Watch's research has revealed a range of problems with the program, including that to the extent villagers were returning, it was often to centralized villages and exclusively to those controlled by so-called village guards. These guards were frequently implicated in the abuses that had forced the villagers to flee in the first place. Human Rights Watch has been advocating the Turkish government to convene a meeting with relevant international agencies and non-governmental experts to redesign its return program and bring it into a form that donor agencies would feel confident supporting - a recommendation that Deng endorsed after a mission to Turkey in late May. A Human Rights Watch report addressing the plight of the internally displaced in Turkey will be published next month.

Find out more about human rights in Turkey at http://www.hrw.org/europe/turkey.php


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U.S. CONDITIONS AID TO UZBEKISTAN

On August 2, 2002, President Bush signed legislation making assistance to the Uzbek government conditional on that country's efforts to improve its human rights record and institute political and institutional reform. The legislation, an emergency spending bill approved by Congress on July 24, allocates $45 million to Uzbekistan, a close U.S. ally in its war on terrorism. On the recommendation of Human Rights Watch, the law includes a provision sponsored by Senator Patrick Leahy that requires the U.S. State Department to certify that Uzbekistan is making "substantial and continuing" progress in meeting commitments made to the United States in the Declaration on Strategic Partnership, signed during Uzbek President Islam Karimov's visit to Washington in March, 2002.
     In the Joint Declaration, the Uzbek government pledged, among other things, to build a "strong and open civil society," ensure "respect for human rights and freedoms based on the universally recognized principles and norms of international law," establish a "genuine multi-party system," ensure "free and fair elections," permit "political pluralism, diversity of opinions and the freedom to express them," and ensure the "independence of the media" and the "independence of the courts."
     Human Rights Watch has consistently used its research and monitoring in Uzbekistan to demonstrate to U.S. law makers that the Uzbek leadership has failed to make significant progress since signing the Declaration. The forced institutionalization in a psychiatric ward of human rights defender Elena Urlaeva, the continued detention of human rights defender Yuldash Rasulov, and the brutal deaths in custody of Muzafar Avazov and Husnidin Alimov, both religious prisoners at Jaslyk prison, highlight the government's continued appalling record on human rights. In a press release issued on August 2, Human Rights Watch urged the United States to use the new law to hold Uzbekistan to the promises it made in the declaration, making clear that engagement will depend on steady and concrete progress on democracy and human rights. On August 26, however, despite the serious lack of progress in Uzbekistan's human rights record, the administration decided to certify that Uzbekistan was eligible and deserving of further aid.

Read about the deaths of Muzafar Avazov and Husnidin Alimov at: http://hrw.org/press/2002/08/uzbek081002.htm

Read about the detention of human rights defender Yuldash Rasulov at: http://hrw.org/press/2002/05/uzbek0529.htm and at http://hrw.org/press/2002/06/uzbek0626.htm

Read about the forced psychiatric treatment of human rights defender Elena Uraleva at: http://www.hrw.org/press/2002/08/uzbek0830.htm

Read the August 2 press release at http://hrw.org/press/2002/08/uzbek080202.htm


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PLIGHT OF RELIGIOUS MINORITIES IN GEORGIA RECEIVES LONG-DUE ATTENTION

An August 16 front-page news article in the New York Times gave prominence to Human Rights Watch's longstanding concerns about the pattern of violent attacks against religious minorities in Georgia, arguing that the "wave of religious violence...is increasingly calling into question the country's willingness - or ability - to protect democracy and human rights."
     The attacks take the form of organized groups of Orthodox civilian militants staging violent assaults on adherents of non-traditional Christian groups, primarily Jehovah's Witnesses, Evangelists, Pentacostalists and Baptists. Human Rights Watch has documented many of these through the first-hand testimony of victims, revealing that police officers themselves have, on occasion, joined in violent assaults, or have actively facilitated such attacks. In a letter to the United Nations Human Rights Committee in March 2002, Human Rights Watch argued that the police's failure to make arrests at the scene, and the procuracy's slow, ineffective, or non-existent investigations have fostered impunity for mob assaults, increasing their frequency and geographical range. At the conclusion of its review of Georgia, the Committee expressed "deep concern" about Georgia's rising intolerance against religious minorities, particularly Jehovah's Witnesses, and called on the Georgian government to ensure that those perpetrating abuses against religious minorities are prosecuted; to conduct a public awareness campaign on religious tolerance; and to prevent, through education, intolerance and discrimination based on religion or beliefs.

Read the New York Times article at http://www.nytimes.com/2002/08/17/international/europe/17CAUC.html?pagewanted=print&position=top

UN Human Rights Committee's "Concluding observations on the second periodic report of Georgia:" http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/CCPR.CO.74.GEO.En?Opendocument

Find out more about human rights in Georgia at http://www.hrw.org/europe/georgia.php


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PROTESTING LIBYA'S NOMINATION TO THE UN COMMISSION ON HUMAN RIGHTS

Human Rights Watch was the first organization to speak out against Libya's recent nomination as chair of the next United Nations Commission on Human Rights by the regional group of African states. Unwilling to abide by the long tradition of accepting such matters as the exclusive province of the regional bloc whose turn it is to select a chair, HRW highlighted Libya's long record of human rights abuses and obstructive approach to the Commission, and argued that its nomination ran counter to the new commitments African leaders had made to promote human rights and good governance through the New African Partnership for Development (Nepad). We sent letters to Presidents Mbeki of South Africa, Obasanjo of Nigeria, and Wade of Senegal, who form part of the Nepad steering committee, calling for the withdrawal of Libya's nomination and the proposal of another African country with a positive record on human rights.
     This release generated a wave of interest from a variety of news organizations, including the BBC, the Associated Press, and Radio Africa. Questions were raised by the parliamentary opposition in the UK, and a U.S. State Department spokesperson expressed Washington's concern. The story elicited a response from the Libyan Foreign Ministry, saying that Libya was suited to chair the Commission as "one of the nations that is experiencing a stable human rights environment, and the proof for that is the political and economic security and stability." HRW responded publicly that "security and stability" are no proof of respect for human rights - indeed, they are often code words for repression - and again called on African leaders to reconsider Libya's nomination. Libyan authorities recently released sixty-five "political prisoners" one week ahead of the thirty-third anniversary Muammar Gaddafi's seizure of power, but experts estimate that hundreds more remain in prison. The new chair of the Commission will be elected in early 2003.

Read the letter to African leaders at http://www.hrw.org/press/2002/08/mbekiltr0806.pdf

Read the press releases at http://www.hrw.org/mideast/libya.php


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IRAN ISSUES STANDING INVITATION FOR U.N. MONITORING INSPECTORS

At the end of July, Iran made an announcement that it had issued standing invitations to United Nations human rights monitoring mechanisms. These invitations allow U.N. officials monitoring issues such as arbitrary detention, disappearances, or the right to development to freely conduct their fact-finding investigations and report back to the United Nations Commission on Human Rights. HRW had been lobbying to grant the Special Rapporteur on Iran access to the country. He was blocked from visiting the country for several years, and the renewal of his mandate was voted down at this year's Commission on Human Rights. To date, 39 countries have issued standing invitations, mostly from Europe but also including several Latin American countries and Australia. HRW has been actively promoting standing invitations as a condition of membership on the U.N. Human Rights Commission.

Find out more about HRW's work on the UN Commission on Human Rights at http://www.hrw.org/un/


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NEW ON THE NET

WOMEN'S RIGHTS DIVISION
Human Rights Watch's Women's Rights Division has updated and upgraded its Web site. The new site features an introduction by WRD Executive Director LaShawn Jefferson, descriptions of our thematic work, documents sorted by theme and country, frequently asked questions, campaigns, links to resources and more. Visit http://www.hrw.org/women

GLOBAL ISSUE PAGES
We have added two new sections to our list of global issues at http://www.hrw.org/advocacy/
You can find HRW research and advocacy on labor and human rights at http://www.hrw.org/labor/
and HRW's work on religious freedom at http://www.hrw.org/religion/

FREQUENTLY ASKED QUESTIONS
Find frequently asked questions about Human Rights Watch and answers at http://www.hrw.org/about/faq/

TRAVELING FILM FESTIVAL
This years Human Rights Watch International Film Festival hits the road. For a list of films, festival sites and cities, and information about how to bring the festival to your town, visit http://www.hrw.org/iff/2002/traveling/about.html


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