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AI-index: IOR 42/001/1998 01/05/1998
AI Index: IOR 42/01/98
May 1998
THE 86TH INTERNATIONAL LABOUR CONFERENCE
Amnesty International's concerns relevant to the Committee on Application
of Standards
The important standard-setting function of the International Labour
Organisation (ILO) is embodied in its set of Conventions and Recommendations,
international instruments open to ratification by member states of the ILO
which regulate some aspect of labour, social welfare or human rights. Over a
number of years Amnesty International has followed the work of the ILO's
supervisory system, namely the Committee of Experts [Members of the Committee
serve in their personal capacity and are appointed by the Governing Body of
the ILO. Their fundamental principles are those of independence, impartiality
and objectivity in noting the extent to which the position in each State
appears to conform to the terms of ILO Conventions which they have ratified.
The Committee meets in private session annually in December, and produces a
Report containing their observations in March.] and the Committee on
Application of Standards, [A tripartite Committee consisting of
representatives of governments, employers and workers which meets during the
Conference to consider and discuss measures taken by member States to give
effect to the provisions of Conventions which they have ratified. Governments
are able to provide further information; indicate further measures proposed
and seek guidance on overcoming difficulties experienced in discharging their
obligations. The Committee's report is presented to the Conference and
discussed in plenary.] which try to ensure that those states which have
ratified ILO Conventions implement them in both law and practice.
In November 1997 the 270th session of the ILO's Governing Body agreed to
place on the agenda of the 86th (1998) International Labour Conference (ILC)
an item relating to the consideration of a possible ILO Declaration of
principle concerning fundamental rights. At the subsequent Governing Body
meeting in March 1998 the Director-General of the ILO was authorized to
prepare a draft in consultation with the tripartite constituents of the ILO
(namely Workers, Employers and Governments). The Declaration would be based on
the fundamental principles and objectives of the ILO which are laid out in
the seven "core" ILO Conventions. [Convention No 87 on freedom of association,
Convention No 98 on collective bargaining, Convention Nos 29 and 105 on the
abolition of forced labour, Conventions Nos 100 and 111 on equal treatment and
Convention No 138 on minimum age.] Amongst these Conventions are those,
particularly Convention Nos 87 and 98, under which Amnesty International has
often raised its concerns at the annual ILC.
Amnesty International had welcomed the campaign, launched by the ILO's
Director General in May 1995, to achieve universal ratification of the seven
core Conventions, but notes that as of March this year only 35 members of the
ILO had taken the step of ratifying all seven of these instruments.
Ratification is a basic first step which every government should take to
demonstrate its will to make a commitment to the rights enshrined in
international standards. However, by itself ratification does not prevent
human rights violations. An even greater will on the part of governments is
required for such standards to be fully and effectively implemented in order
to protect human rights. Given the repeated observations on particular
countries contained year after year in the Report of the Committee of
Experts on the Application of Conventions and Recommendations -- which
are in turn often reflected in the concerns that Amnesty International
highlights at the ILC -- it appears that in too many cases the will to
implement commitments made is clearly not present.
Situations where Amnesty International and the ILO both have concerns often
involve the most serious violations of human rights, not only in respect of
ILO standards, but also others such as the United Nations Universal
Declaration of Human Rights and the International Covenant on Civil and
Political Rights which include the specific rights which Amnesty International
works to protect. In this 50th anniversary year of both the Universal
Declaration of Human Rights and ILO Convention No 87, Amnesty International
urges the Committee on Application of Standards to give serious consideration
to the situations of grave and persistent human rights violations described
below.
Convention No 87 on freedom of association and No 98 on collective bargaining
COLOMBIA (ratified Convention No 87 in 1976)
The situation in Colombia was discussed at last year's session of the
Committee on Application of Standards under Convention No 87. The Committee
expressed profound regret at the climate of violence which affected the life
and physical integrity of trade unionists. In recent years Colombia's
deepening human rights crisis has been the focus of increasing international
attention. Extrajudicial executions, "disappearances" and torture committed
by the security forces and their paramilitary allies are widespread. Armed
opposition groups commit numerous violations of international humanitarian
law. Impunity underlies the crisis, with those responsible for human rights
violations continuing to pursue a counter-insurgency strategy in itself
characterized by systematic abuses of human rights.
Hundreds of civilians have been killed during counter-insurgency operations
and members of legal opposition groups, peasant and indigenous leaders,
human rights activists and trade unionists continue to be targeted for their
real or perceived political allegiances. The killing of so-called
"disposables", including vagrants, street children, homosexuals and petty
criminals, by police-backed "death squads" continues in many cities and towns.
Torture continues to be widespread, particularly in the regions most affected
by the civil conflict. Social protest continues to be considered subversive
by the Colombian armed forces and security forces who frequently respond to
such protests with excessive use of force resulting in the deaths of unarmed
civilians and, subsequently, threats and targeted killings of protest
organizers. Many violations of human rights are committed in order to advance
and protect the interests of economically powerful sectors by state forces
and their paramilitary allies
At the 54th session of the UN Commission on Human Rights in March 1998,
Colombian non-governmental organizations reported that 123 trade unionists
had been killed in 1997 for politically motivated reasons. Several trade
union activists "disappeared" after detention and a growing number were
detained under the regional justice system, which the UN High Commissioner
for Human Rights condemned at the same session for violating guarantees of
due process. [Report of the United Nations High Commissioner for Human
Rights, E/CN.4/1998/16, 9 March 1998] Amnesty International is seriously
concerned that the regional justice system has on occasion been used as a
method to undermine trade union activity and intimidate trade unionists
into abandoning their lawful trade union activities.
In June 1997, a group of trade union leaders at a branch of the multinational
company Goodyear in Cali, department of Valle, received written threats
issued by a paramilitary group, Colombia without Guerrillas (Colombia Sin
Guerrilla, COLSINGUE). The threats, which reportedly took place at a time
when the trade union was in dispute with the company over working conditions,
accused the executive members of the Goodyear Workers' Union (Sindicato
de Trabajadores de Goodyear), and their families, of being communists and
members of an urban unit of a guerrilla group. They included the statements
"Fuera el sindicalismo de Colombia", "We want trade unionism out of
Colombia" and "Queremos una Colombia limpia de todo hijueputa guerrillero"
, "We want a Colombia clean of all son of a bitch guerrillas".
Lawyers defending trade unionists have often been the target of human rights
violations. On 18 April 1998, Dr Eduardo Umana Mendoza, one of Colombia's
most prominent human rights lawyers, was killed in his office in the capital
Bogotá by unidentified gunmen posing as journalists. Dr Umana had sought
justice in many high-profile cases of human rights violations and led the
defence of leaders of the Roman">Unión Sindical de Obreros (USO),
Workers Trade Union, accused of being linked to guerrilla groups. Dr Umana
had denounced the use of the regional justice system against these trade
unionists, the use of paid secret witnesses to frame the accused, the fact
that the testimony of the same secret witnesses was presented as being that
of several witnesses and that one of the secret witnesses was a member of a
paramilitary group operating in the department of Norte de Santander. In a
document made public after his death, Dr Umana denounced the fact that he
had been subjected to death threats and that judicial officials had accused
him of "sabotaging" the judicial proceedings against the trade union leaders.
Trade union leaders belonging to national trade union federations
have also been the target of death threats. According to the Colombian
Federation of Teachers (Federación Colombiana de Educadores,
FECODE), at least 750 teachers had been forcibly displaced between 1995 and
mid-1997 because of concern for their safety and over 2,000 received death
threats. On 23 March 1998, members of a paramilitary force abducted Rosmira
Gallego, a teacher, and four peasant farmers from their homes in the
community of El Jordan in the municipality of San Carlos, Antioquia
Department. Their bodies were discovered nearby the following day. The
Antioquia Teachers Association (Asociación de Institutores de
Antioquia, ADIDA), of which Rosmira Gallego was a member, has repeatedly
denounced the death threats that many of its members suffer. Over the last
year 40 teachers affiliated to ADIDA have received death threats and been
forced to flee their homes.
The principal armed opposition groups, including the Revolutionary Armed
Forces of Colombia (FARC) and the National Liberation Army (ELN), have been
responsible for numerous violations of international humanitarian law. These
include deliberate and arbitrary killings of perceived opponents and the
taking and holding of hostages, which has become increasingly widespread as
ransom money has become one of the principal sources of income for guerrilla
groups. Some victims have been killed when ransom demands are not met.
Guerrilla attacks on economic targets have frequently endangered the security
of civilians working in these industries. Moreover, civilian personnel
contracted by multinational companies have been the target of threats,
abductions and arbitrary killings.
On 12 July 1997, Misael Pinzón Granados, an African Palm Oil worker, was
abducted by members of a paramilitary group operating in the municipality of
Puerto Wilches, department of Santander, who stopped the bus on which he was
travelling. His whereabouts have remained unknown since his abduction.
Subsequently paramilitary group members reportedly interrupted a meeting held
by workers of the African palm oil workers trade union (Sindicato de la
Palma Africana, SINTRAPALMA), and the Agricultural Industry Workers'
Trade Union - Puerto Wilches Branch Sindicato de Trabajadores de la
Industria Agrícola - Seccional Puerto Wilches, SINTRAINAGRO), in
Puente Sogamoso and reportedly shouted slogans against the unions and
threatened to dismantle them.
On 17 September 1997 six managers of the Palmas Bucarelia and Agropecuaria
Monterrey African Palm Oil companies were kidnapped by members of the 24
Front of the Colombian Revolutionary Armed Forces (Frente 24 de las
Fuerzas Armadas Revolucionarias de Colombia, FARC). On 12 November the
FARC kidnapped three employees of Oleaginosas Las Brisas African Palm Oil
company. In January 1998 the FARC forced the three companies to cease all
their activities threatening to kill anybody who returned to work. According
to media reports the FARC was demanding compensation for damages caused by
paramilitary activity in the region over the previous two years. On 27 March
FARC guerrillas entered the installations of the Palmas Bucarelia company and
planted a bomb which damaged electrical equipment and demanded that the
company halt work. There were no casualties as it was reported that the
uerrillas forced the 80 workers to evacuate the company's installations. The
African Palm Oil companies received further threats from the FARC and were
ordered to halt operations on 6, 7 and 8 April 1998. Between 30 March and the
end of April 1998 six of the eight employees were released. At the time of
writing two employees remain kidnapped.
INDONESIA (ratified Convention No 98 in 1957)
The Committee on Application of Standards examined Indonesia under Convention
No 98 at its last session, expressing deep concern over the increasingly
serious violations of fundamental human rights and trade union rights in
Indonesia. The current Committee of Experts Report and the latest
conclusions of the Committee on Freedom of Association also reflect this
concern.
The rights of workers to freedom of association in Indonesia remain severely
restricted and independent trade union activists are frequently at risk of
arrest and imprisonment. Training workshops by independent trade unions
continue to be broken up by the military authorities on the grounds that the
required permission for such training was not sought. Official recognition
continues to be denied to independent labour organizations, making such
organizations effectively illegal.
In the midst of a major political and economic crisis in Indonesia, several
hundred peaceful pro-democracy activists have been arrested since January
1998, including trade union activists. At least two trade union activists
remain in detention and awaiting trial. Eight members of the independent
Indonesian Prosperous Workers' Union (Serikat Buruh Sejahtera Indonesia
SBSI) were arrested in connection with plans by SBSI to hold a peaceful
demonstration during the re-election of Indonesia's President Suharto in
March 1998. The demonstrations were calling for an end to redundancies and
sackings as a result of the economic crisis, a reduction in the cost of basic
necessities, and the release of jailed independent labour leader, Muchtar
Pakpahan. The arrests took place in several cities including Jakarta, Serang
in West Java and Lampung in Sumatra.
Yudi Rahmat, 44, and Hermanto, 31, were arrested on the night of 8 March 1998
at a restaurant in Jakarta. The two men were held in military custody by the
District Military Command (Kodim) in North Jakarta for over 12 hours before
being transferred to police custody. While in military custody, the two men
were denied access to defence lawyers and Hermanto claims that he was
subjected to electric shocks. The two men are still in custody on charges of
"inciting" others to break the law by disobeying a government order, under
Article 160 of the Indonesian Criminal Code. [Six years' imprisonment for
inciting people to break the law or disobey a government order.]
On 9 March 1998, Farah Diba, aged 23, who is the head of the Women and Child
Labour Department of SBSI, was arrested in Jakarta during a demonstration
against price increases. She was arrested with three activists including
independent journalist Wandi Nicodemus, and student activists Kuldip Singh
and Widi Wahyu Widodo. The four have since been released but are still facing
charges under Law Number 5/PNPS/1963 and Article 218 of the Criminal Code.
Article 218 punishes those who refuse to disperse during a demonstration with
a maximum of four months and two weeks imprisonment. Law Number 5/PNPS/1963
was originally promulgated as a Presidential Decree in 1963 and became law in
1969. It allows for the imprisonment for up to five years of those who engage
in political activities which do not support the state, which disturb security
and order. The law requires prior permission for meetings and demonstrations.
The vague wording of the law allows for government critics to be charged and
imprisoned for peacefully taking part in demonstrations. Until recent months,
it had fallen into disuse, but it was revived in early 1998 as part of
measures taken by the authorities to curtail opposition to President Suharto's
re-election.
On 10 March 1998, two other members of SBSI, Sukirman and Sanusi were arrested
in Jakarta. Three members of SBSI from Serang, in West Java, Sumantri, aged
28, Suseno, aged 32, and Mahmud Hadi, aged 27, were also arrested on 10 March.
They have all subsequently been released but are believed to be still facing
charges under Article 160 of the Criminal Code.
In addition to the renewed attacks on the SBSI, the union's leader, Muchtar
Pakpahan is still on trial for subversion following his arrest in July 1996.
His trial began in December 1996 but has progressed slowly mainly because of
ill-health. Muchtar Pakpahan is among several peaceful government critics
being tried under Indonesia's Anti-subversion Law which carries the death
penalty. Dita Indah Sari, head of the Centre for Indonesian Workers' Struggle,
at Perjuangan Buruh Indonesia, PPBI) was convicted in 1997 of
subversion and sentenced to five years imprisonment for her role in organising
a labour demonstration in Surabaya in 1996. She is considered by Amnesty
International to be a prisoner of conscience.
MYANMAR (ratified Convention No 87 in 1955)
The Committee on Application of Standards has for several years been concerned
with the non-compliance of the Myanmar authorities with Convention No 87. At
last year's session the situation in Myanmar was identified by a special
paragraph in the Committee's report as one of particular gravity and a case
of continued failure to implement the Convention.
Amnesty International remains concerned by the continuing contempt shown for
the basic human rights of the people of Myanmar by the State Peace and
Development Council (SPDC, Myanmar's military government, formerly called the
State Law and Order Restoration Council, SLORC). Both short-term detention and
long sentences of imprisonment are used as methods for repressing peaceful
political activities, including those of trade unionists. Scores of prisoners
of conscience remain in prisons where conditions are characterized by
overcrowding and lack of proper food, sanitation and medical care, and where
torture is common. Repression of ethnic minorities continues despite 17
cease-fire agreements signed with armed ethnic minority groups and radical
restrictions of the rights to freedom of speech, assembly and movement remain
for all citizens of Myanmar.
During 1997 the SPDC continued its crackdown on political and trade union
activists, in particular members of the National League for Democracy (NLD),
the largest legal opposition political party. On 13 June 1997, Myo Aung
Thant, an executive committee member of the Federation of Trade Unions -
Burma (FTUB), was arrested at Mingaladon international airport, Yangon, by
National Intelligence Bureau personnel on his return from Thailand. His wife
and children were also reportedly arrested at the same time but it is not
known if they are still held. U Khin Kyaw, also an executive committee member
of the FTUB, and his wife, were arrested later that day at their home in
Yangon. The FTUB is not legally recognized in Myanmar, where independent
trade union activity is prohibited. Myo Aung Thant is a member of the All
Burma Petro-Chemical Corporation Union, formed during the 1988 pro-democracy
movement and U Khin Kyaw is a member of the underground Seaman's Union of
Burma. According to FTUB sources, the two detained trade unionists had been
documenting economic and social hardships, including the widespread use of
forced labour in Myanmar, and passing the information to the international
trade union movement.
During a press conference on 27 June 1997, Lieutenant General Khin Nyunt
claimed that Myo Aung Thant, in conjunction with five NLD members, had
contrived to pass money from organizations funded by the US government to the
NLD. He also asserted that Myo Aung Thant had been among a group who had
helped produce a video in March 1997 showing Daw Aung San Suu Kyi in Karen
national dress appealing on behalf of Karen refugees who had fled to Thailand.
The video was smuggled out of the country. General Khin Kyunt went on to
explain that Myo Aung Thant and Khin Kyaw had attended a meeting in Ranong,
southern Thailand on 4 June 1997, which he claimed had been convened in order
to plan "terrorist" attacks, but that this "plot" had been thwarted when Myo
Aung Thant was arrested at Mingaladon international airport.
On 15 August 1997, Myo Aung Thant was "sentenced to Transportation for
Life for committing High Treason, (3) years imprisonment for breaching the
Unlawful Associations Act and another (7) years under the Emergency Provisions
Act" at Insein Special Court. Article 57 of Chapter III of the 1957
Burmese Penal Code defines transportation for life as "equivalent to
transportation for twenty years". According to unofficial sources, the
trial lasted less than ten days and was held in closed sessions. Political
trials in Myanmar are generally held "in camera" and the accused
rarely have access to legal counsel of their choice. Amnesty International is
concerned that Myo Aung Thant did not receive a trial in accordance with
international standards for fair trial. Information about the whereabouts of
Khin Kyaw is not known, but Amnesty International fears for his safety given
the harsh conditions and high incidence of torture in Myanmar's prisons.
Convention No 107 on indigenous and tribal populations
BRAZIL (ratified ILO Convention No 107 in 1965)
The current Committee of Experts Report draws attention to continuing
problems with the implementation of Convention No 107, in particular in the
context of disputes over the land rights of indigenous people in Brazil. While
taking no side in disputes over land, Amnesty International has repeatedly
expressed concern over the resulting pattern of human rights abuses and the
almost complete impunity enjoyed by the perpetrators, which include gold
miners, loggers and other commercial interests, and hired gunmen. Amnesty
International believes that the failure to arbitrate promptly in disputes
between the indigenous and non-indigenous community leaves the indigenous
groups vulnerable to violence against them.
Amnesty International has sought government action to halt violent attacks on
indigenous communities after Decree No. 1775 [Adopted in January 1996]
changed procedures for demarcating indigenous land. Under Brazil's 1988
Constitution, all other titles to indigenous land are considered null and
void. Nevertheless, the Decree provides procedures for administrative
challenges by non-indigenous claimants to indigenous areas already demarcated
and ratified by presidential decree. Amnesty International has expressed
concern that the uncertainty created by the Decree might open the way to
violent incursions on indigenous lands, which in the past has led to assaults,
targeted killings and massacres of indigenous communities.
The Catholic church's Indigenous Missionary Council (Conselho Indigenista
Missionário, CIMI) annual report, published in November 1997,
identifies a sharp rise in violence against indigenous groups in the last
year, which they attribute to the effects of the Decree. The report cites 26
deaths and 13 cases of attempted murder of indigenous people, some of which
were the result of land invasions by non-indigenous groups. There were a
further 29 cases of death threats, illegal imprisonment and kidnapping,
as well as trespassing against indigenous communities allegedly carried
out by local landowners, loggers and miners.
Amnesty International is extremely concerned at official attempts to restrict
the freedom of association and expression of indigenous people. The Tupiniquim
and Guarani people in the Aracruz area of Espírito Santo state have been
contesting claims to their lands by a local paper manufacturing enterprise,
Aracruz Celulose. A government commissioned report confirms large tracts of
the area occupied by the company to be indigenous lands. Impatient with delays
in legal demarcation the Tupiniquim and Guarani people began demarcating their
own land in January 1998. On 18 March 1998 some 50 Federal Police were sent to
the area to stop the Indians doing so. Police closed off the area, arresting
several members of the landless peasant movement who had travelled to support
the indigenous action. Subsequent administrative rulings by FUNAI, the state
agency responsible for protecting the interests of the indigenous population,
forbade access to indigenous areas to anyone not explicitly authorised by
FUNAI.
Those who work with indigenous groups as defenders of indigenous rights have
been subject to official harassment. In the early morning of 18 March 1998,
Winifridus Overbreek, a Dutch environmental engineer working for CIMI on food
production with the Tupinikim and Guarani people, was arrested by Federal
Police. After being questioned for seven hours he was accused of interfering
in the internal political affairs of Brazil, and charged under two laws
governing foreigners in Brazil. He was informed that his visa would be reduced
from two years to eight days, and that he would be expelled from the country.
Following appeals, he was allowed to stay in the country pending a police
investigation.
Amnesty International is concerned about continuing impunity in past cases of
human rights violations against indigenous people, and about the failure of
the Brazilian authorities to investigate these cases thoroughly and to bring
those responsible to justice. The tenth anniversary of the massacre of 14
members of the Ticuna people, including children, in Boca do Capacete, in the
municipality of Benjamin Constant in Amazonas state was marked on 28 March
1998. Local landowners are suspected of having committed the crime, as they
were opposed to the misappropriation of this land for a Ticuna reserve. It has
taken eight years to clarify whether the case should be handled by the state
or federal courts but the case is now with a federal prosecutor. The charge
has been changed from murder to genocide. The alleged perpetrators of the
massacre are still at large in the local population, where they continue to
pose a threat.
Convention No 111 on discrimination (employment and occupation)
AFGHANISTAN (ratified Convention No 111 in 1969)
The current Committee of Experts' Report once again notes with grave
concern the human rights situation of women in Afghanistan, referring to
reports received from several NGOs including Amnesty International,
[Afghanistan: Grave abuses in the name of religion (AI Index ASA 11/12/96,
November 1996) and Women in Afghanistan: The violations continue (AI Index
ASA 11/05/97, June 1997)] which it feels "indicate a lack of respect for the
obligations to apply to girls and women the fundamental human rights covered
by the Convention." No replies have been received from the authorities to any
of the Committee's observations or to communications transmitted to them.
Amnesty International has for years been concerned about abuses of women's
human rights in all parts of Afghanistan, including the northern areas.
During years of bitter civil conflict scores of women have been abducted and
raped by members of various political groups. Thousands of women have been
indiscriminately killed in fighting between the opposing sides and hundreds
and thousands of women and children have been internally displaced, sometimes
forcibly, or have fled the country as result of systematic human rights
abuses. Amnesty International takes no position on the question of recognition
of any political group in Afghanistan but calls on all such groups in the
country to respect fundamental human rights, including those of women, in
accordance with international human rights standards and the principles of
humanitarian law.
Tens of thousands of women remain physically restricted to their homes under
Taleban edicts which ban them from seeking employment, education or leaving
home without a male relative. Other prohibitions include the closure of
women's hammams (public baths) and the barring of women from the
streets during certain periods such as the fasting month of Ramadan.
The Taleban have enforced these restrictions through the use of cruel, inhuman
or degrading punishments or ill-treatment. Hundreds of women have been beaten
by Taleban guards in detention centres or in public places including shops,
streets and bus-stops for defying Taleban edicts.
Amnesty International considers women detained or otherwise physically
restricted for reasons of gender to be prisoners of conscience. The
organization has continuously raised with the international community the
situation of Afghan women, urging all political groups in Afghanistan, as well
as countries which support these groups, to acknowledge their responsibility
for human rights abuses and to ensure that women are not treated as spoils of
war or subjected to policies that deny them their fundamental rights.
IRAN (ratified Convention No 111 in 1964)
At its last session the Committee on Application of Standards expressed its
concern about persistent non-implementation of Convention No 111 in Iran by
including it as a special paragraph in its report. The current Committee of
Experts' report once again makes reference to discrimination on the basis of
sex, religion and political opinion.
Previous human rights violations have continued to take place in Iran against
many people from a broad range of political opposition, including members of
left-wing groups, monarchists, ethnic and religious minorities, lawyers,
writers and journalists. Critics of the government face imprisonment after
unfair trials before special courts as well as torture and execution. Judicial
punishments amounting to torture or cruel, inhuman or degrading punishment --
including stoning, crucifixion, mutilation and flogging -- continue to be
imposed. There has also been a pattern of human rights violations against
Shi'a religious leaders and their followers opposed to the government,
particularly since 1995.
Among prisoners of conscience held during 1997 were at least 12 members of
the Baha'i religious minority, four of whom were under sentence of death.
More than 200 Baha'is in Iran have been executed, most during the 1980s,
apparently because of their religious beliefs. Among those currently on death
row on account of their religious beliefs or activities are Dhabihullah
Mahrami and Musa Talibi whose cases Amnesty International brought to the
attention of the Committee on Application of Standards at its last session.
Both are Baha'is, and have been sentenced to death for apostasy. Amnesty
International believes both men are prisoners of conscience, currently held
solely on account of their religious beliefs. The organization is calling for
the death sentences against them to be lifted and for their immediate and
unconditional release.
Although apostasy is not a crime under the Iranian Penal Code, people who
convert to Islam from other religions, and then reconvert (classified as
"national apostates" by the late leader of the Islamic Republic of Iran,
Ayatollah Khomeini), can face trial and execution. Ayatollah Khomeini in his
writings defined the punishment for "national apostasy" as execution, if the
person refuses to repent. The judicial system in Iran considers religious
edicts, particularly those of eminent religious jurists such as Ayatollah
Khomeini, to be a parallel source of law to acts of Parliament.
Dhabihullah Mahrami appeared before the Islamic Revolutionary Court in Yazd
in August 1995 and was questioned about his religious beliefs, in the light
of an announcement carried by the newspaper Keyhan in August 1983
stating that Dhabihullah Mahrami had become a Muslim, and about a document
he signed in 1985 in the Department of Agriculture which stated that his
religion was Islam. In the court session, he affirmed that he was a Baha'i.
That court session was followed by three others in which he was requested to
repent and accept Islam. When he refused to do so, he was charged with
"national apostasy". He was convicted and sentenced to death on 2 January 1996.
Following an appeal to the Supreme Court by his lawyer, the death sentence was
overturned, apparently for reasons including that the Revolutionary Court was
not the competent court.
Musa Talibi was arrested in June 1994 in Isfahan and sentenced to 10 years'
imprisonment on charges of "acting against the internal security of... Iran"
and "attracting individuals to the misguided sect of Baha'ism, including two
[nieces]". This sentence was later confirmed but, following an appeal, he was
retried in February 1995 and sentenced to 18 months' imprisonment from the
date of his arrest. However, it seems that the prosecution objected to his
lighter sentence, apparently on the grounds that Musa Talibi was an
apostate and that this had not been taken into account. At a further
trial in July 1996, Musa Talibi was sentenced to death.
In February 1997, according to media reports, Iran's Supreme Court officially
confirmed the death sentences against both Dhabihullah Mahrami and Musa
Talibi. A report from the Iranian news agency IRNA on 23 February 1997 cited
the Head of the Revolutionary Court as saying that both men had been convicted
of espionage.
Amnesty International is seriously concerned about the increasing number of
executions taking place in Iran. During 1997 it recorded at least 143
executions, including possible prisoners of conscience, and an unknown number
remained under sentence of death, some after unfair trials.
AMNESTY INTERNATIONAL DOCUMENTS RELEVANT TO THE DISCUSSIONS OF THE ILC'S
COMMITTEE ON APPLICATION OF STANDARDS
AFGHANISTAN
Grave abuses in the name of religion (ASA 11/12/96, November 1996)
Women in Afghanistan: The violations continue
(ASA 11/05/97, June 1997)
BRAZIL
Politically motivated criminal charges against land reform activists
(AMR 19/17/98, August 1997)
Corumbiara and Eldorado de Carajas: Rural violence, police brutality and
impunity
(AMR 19/01/98, January 1998)
Human rights defenders: Protecting human rights for everyone
(AMR 19/08/98, April 1998)
COLOMBIA
Human rights defenders under attack
(AMR 23/17/98, March 1998)
Selected Cases for campaigning against human rights violations
(AMR 23/18/98, March 1998)
INDONESIA
The PRD Prisoners: A Summary of Amnesty International's concerns
(ASA 21/56/97, October 1997)
East Timor: Truth, justice and redress
(ASA 21/81/97, November 1997)
Paying the price for "stability"
(ASA 21/12/98, 25 February 1998)
IRAN
Dhabihullah Mahrami: Prisoner of Conscience
(MDE 13/24/96)
Official secrecy hides continuing repression
(MDE 13/02/95)
MYANMAR
>A Challenge for the international community
(ASA 16/28/97, October 1997)
Atrocities in the Shan State
(ASA 16/05/98, 15 April 1998)
©Copyright 1998, Amnesty International
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