October 2007
Chilean Supreme Court Extradites Fujimori
In a landmark case, the Chilean Supreme Court announced on September 21 its decision to extradite former Peruvian President Alberto Fujimori to Peru to face trial for human rights abuses. Fujimori is charged in the killings of 25 people in two separate massacres in 1991 and 1992, carried out by a specialized squad of military intelligence officers known as the Colina Group. This is the first time a court has ordered the extradition of a former head of state to be tried for gross human rights violations in his home country. Human Rights Watch worked closely with Peruvian allies to put together a compelling case for extradition. Our 2005 report detailed the substantial evidence linking Fujimori to the two massacres, as well as to several corruption cases for which extradition was ordered. After a lower court denied Peru's extradition request earlier this year, we issued a statement pointing out the Chilean judge's failure to consider key evidence in several important cases. We will now watch closely to ensure that Peru provides Fujimori a fair and independent investigation and trial. Read More.
Majority of US Senators Vote to Restore Habeas Corpus
On September 19, a majority of US senators voted to approve an amendment that would restore the right to habeas corpus, one of the oldest and most important checks on the arbitrary exercise of government power. Last year's Military Commissions Act eliminated habeas corpus - which allows a prisoner to challenge the legality of his detention in a court of law - for non-citizens whom the president declares to be "enemy combatants." Although the amendment fell four votes short of the 60 needed to survive a Republican-led filibuster, the vote sends a clear message that most senators reject the administration's position that it can indefinitely detain non-citizens without charge. Through op-eds, media interviews, and public and private advocacy meetings, Human Rights Watch has pressed for the restoration of this fundamental human right. We met with dozens of legislators and their staff from across the political spectrum, and worked closely with Senator Patrick Leahy, the chief sponsor of the bill, to develop strategy and arguments for pushing the legislation forward. Going forward, we will continue to urge Congress to restore this most basic right. Read More.
Abusive Prison Warden Fired in Jordan
On August 27, Jordanian authorities suspended the director of the country's largest prison after we notified them that hundreds of inmates had injured themselves to protest rampant beatings. Shortly after Human Rights Watch visited the Swaqa Correction and Rehabilitation Center, which houses more than 2,000 men, prison staff beat all or nearly all of the inmates. When we learned of the beatings, we returned to investigate. In an attempt to signal their distress, more than 350 prisoners slashed their bodies, a common form of protest in Jordanian prisons because the official complaints process does not function. We immediately contacted the Ministry of the Interior and the police, and the prison director under whose watch the beatings took place was swiftly removed.
We visited the facility in the course of a larger investigation into allegations of torture and mistreatment in Jordan's prisons, touring five of the country's ten prisons. We found evidence of beatings in every prison we visited, and identified other serious problems including overcrowding and inadequate health care. Jordanian authorities granted us unprecedented access to the prisons after we exposed the use of arbitrary detention and torture in the General Intelligence Department's detention facility last year, which operates separately from the country's regular prison system. As we continue our work to improve conditions for detainees in Jordan, we are urging authorities to cease abusing prisoners, allow local activists regular access to all places of detention, institute effective processes for prisoners to report abuses, and hold those responsible judicially accountable. Read More.
Colorado Creates Clemency Board for Juvenile Offenders
In a groundbreaking step forward for juveniles in the criminal justice system, the governor of Colorado announced on August 29 the creation of a clemency board for youth offenders. It is the first time that a state has amended its clemency process to recognize the unique rehabilitative potential of juveniles. Following intense advocacy by Human Rights Watch and the Denver-based Pendulum Foundation, Colorado eliminated the sentence of life without parole for children in 2006, but because the decision does not apply retroactively the new board will consider requests for clemency from youth offenders currently serving life without parole, as well as other sentences. Human Rights Watch has long worked to end life without parole for children throughout the United States, which is one of only three countries in the world to impose the overly harsh penalty. In February 2005, we released a report on the sentencing of child offenders to life without parole in Colorado, which the state legislature used during their reform efforts. In October 2005, together with Amnesty International, we released the first national study exposing the extent and impact of the sentence. Going forward, we will press other states to take measures to eliminate life without parole for youths and institute clemency procedures that take age into account. Read More.
Convention Against Torture Claim Approved for Gay Jamaican
Following testimony by Human Rights Watch, an immigration judge in New Jersey granted a gay Jamaican man's request to stay in the United States under the Convention Against Torture (CAT), permitting him to remain in the country. The September 20 decision was based on evidence that the man was likely to be tortured because of his sexual orientation if he was returned to Jamaica. Successful claims under the CAT are rare, particularly those based on sexual orientation. We submitted both written and oral testimony at several points in the case, and helped the claimant to secure legal representation. Human Rights Watch has documented widespread and virulent homophobia in Jamaica, and in 2004 released a report showing how such abuses have undermined the country's fight against HIV/AIDS. While the case is not over - the judge also recommended that the government appeal - it is an important acknowledgement of the severe abuses faced by gay Jamaicans. Read More.
California Should Repeal Sex Offender Restrictions
In the Los Angeles Times, US Program Director Jamie Fellner argues that popular sex offender laws do little to protect children, and may do more harm than good.
End Impunity in Darfur
London Director Tom Porteous, writing in the Guardian Unlimited, urges the international community to speak out strongly against Sudan's appointment of Ahmed Haroun - who is wanted by the International Criminal Court for crimes against humanity in Darfur - to chair a national human rights committee.
As US Empties Guantanamo, Ensure Humane TreatmentWriting in the
Washington Post, Senior Counterterrorism Counsel Jennifer Daskal describes how two Guantanamo detainees were tortured after being returned home to Tunisia, and urges the United States to allow detainees who fear return to their home countries to challenge such transfers.
Hezbollah Must Protect Civilians
In Lebanon's Al-Akhbar, Middle East and North Africa Director Sarah Leah Whitson writes that Hezbollah fell far short of its legal obligations to minimize harm to civilians by deliberately and indiscriminately firing rockets toward Israeli civilian areas during last year's war, and urges all parties to the conflict to protect civilians in the future.
