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AMNESTY INTERNATIONAL

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ii Amnesty International Report 2020/21


 AMNESTY 
 INTERNATIONAL 
 REPORT 2020/21 
THE STATE OF THE WORLD’S HUMAN RIGHTS
iv Amnesty International Report 2020/21
CONTENTS
ANNUAL REPORT 2020/21
Abbreviations 7 Czech Republic 137
Preface 9 Democratic Republic of the
Global Analysis 14 Congo 138
Africa regional overview 18 Denmark 142
Americas regional overview 26 Dominican Republic 143
Asia-Pacific regional overview 34 Ecuador 145
Europe and Central Asia regional Egypt 146
overview 41 El Salvador 151
Middle East and North Africa Equatorial Guinea 153
regional overview 49 Eritrea 155
Afghanistan 58 Estonia 156
Albania 61 Eswatini 157
Algeria 62 Ethiopia 158
Angola 65 Fiji 161
Argentina 68 Finland 162
Armenia 70 France 163
Australia 72 Georgia 166
Austria 73 Germany 168
Azerbaijan 74 Ghana 170
Bahrain 76 Greece 172
Bangladesh 79 Guatemala 174
Belarus 82 Guinea 176
Belgium 86 Honduras 178
Benin 87 Hungary 180
Bolivia 89 India 182
Bosnia and Herzegovina 91 Indonesia 186
Botswana 93 Iran 190
Brazil 94 Iraq 195
Bulgaria 99 Ireland 199
Burkina Faso 101 Israel and the Occupied
Burundi 103 Palestinian Territories 200
Cambodia 106 Italy 204
Cameroon 108 Japan 207
Canada 110 Jordan 209
Central African Republic 113 Kazakhstan 212
Chad 115 Kenya 214
Chile 117 Kosovo 217
China 119 Kuwait 218
Colombia 125 Kyrgyzstan 220
Congo (Republic of the) 129 Latvia 222
Côte d'Ivoire 131 Lebanon 223
Croatia 133 Lesotho 226
Cuba 134 Libya 228
Cyprus 136 Lithuania 232

Amnesty International Report 2020/21 v


Madagascar 233 Switzerland 343
Malawi 236 Syria 345
Malaysia 237 Taiwan 349
Mali 239 Tajikistan 350
Malta 241 Tanzania 352
Mexico 243 Thailand 355
Moldova 247 Togo 357
Mongolia 249 Trinidad and Tobago 359
Montenegro 250 Tunisia 360
Morocco/Western Sahara 251 Turkey 363
Mozambique 255 Turkmenistan 368
Myanmar 257 Uganda 369
Nepal 260 Ukraine 372
Netherlands 262 United Arab Emirates 376
New Zealand 263 United Kingdom 378
Nicaragua 264 United States of America 382
Niger 266 Uruguay 387
Nigeria 268 Uzbekistan 388
North Korea 273 Venezuela 390
North Macedonia 275 Viet Nam 395
Norway 276 Yemen 397
Oman 277 Zambia 401
Pakistan 279 Zimbabwe 403
Palestine (State of) 282
Papua New Guinea 285
Paraguay 287
Peru 289
Philippines 291
Poland 293
Portugal 296
Puerto Rico 297
Qatar 298
Romania 301
Russian Federation 302
Rwanda 307
Saudi Arabia 309
Senegal 313
Serbia 314
Sierra Leone 316
Singapore  318
Slovakia 319
Slovenia 320
Somalia 322
South Africa 325
South Korea 328
South Sudan 330
Spain 334
Sri Lanka 337
Sudan 340
Sweden 342

vi Amnesty International Report 2020/21


ABBREVIATIONS
ASEAN ICCPR
Association of Southeast Asian Nations International Covenant on Civil and Political
Rights
AU
African Union ICESCR
International Covenant on Economic, Social
CEDAW and Cultural Rights
UN Convention on the Elimination of All
Forms of Discrimination against Women ICRC
International Committee of the Red Cross
CEDAW Committee
UN Committee on the Elimination of ILO
Discrimination against Women International Labour Organization

CERD International Convention against enforced


International Convention on the Elimination of disappearance
All Forms of Racial Discrimination International Convention for the Protection of
All Persons from Enforced Disappearance
CERD Committee
UN Committee on the Elimination of Racial LGBTI
Discrimination Lesbian, gay, bisexual, transgender and
intersex
CIA
US Central Intelligence Agency NATO
North Atlantic Treaty Organization
COVID-19
Coronavirus disease-19 NGO
Non-governmental organization
ECOWAS
Economic Community of West African States OAS
Organization of American States
EU
European Union OCHA
United Nations Office for the Co-ordination of
European Committee for the Prevention of Humanitarian Affairs
Torture
European Committee for the Prevention of OHCHR
Torture and Inhuman or Degrading Treatment Office of the United Nations High
or Punishment Commissioner for Human Rights

European Convention on Human Rights OSCE


(European) Convention for the Protection of Organization for Security and Co-operation in
Human Rights and Fundamental Freedoms Europe

ICC PPE
International Criminal Court Personal protective equipment

Amnesty International Report 2020/21 vii


UK UNICEF
United Kingdom United Nations Children’s Fund

UN UPR
United Nations UN Universal Periodic Review

UN Convention against Torture USA


Convention against Torture and Other Cruel, United States of America
Inhuman or Degrading Treatment or
Punishment WHO
World Health Organization
UN Refugee Convention
Convention relating to the Status of Refugees

UN Special Rapporteur on extrajudicial


executions
UN Special Rapporteur on extrajudicial,
summary or arbitrary executions

UN Special Rapporteur on extreme poverty


UN Special Rapporteur on extreme poverty
and human rights

UN Special Rapporteur on freedom of


expression
UN Special Rapporteur on the promotion and
protection of the right to freedom of opinion
and expression

UN Special Rapporteur on racism


Special Rapporteur on contemporary forms of
racism, racial discrimination, xenophobia and
related intolerance

UN Special Rapporteur on torture


Special Rapporteur on torture and other
cruel, inhuman or degrading treatment or
punishment

UN Special Rapporteur on violence against


women
Special rapporteur on violence against
women, its causes and consequences

UNHCR, the UN refugee agency


Office of the United Nations High
Commissioner for Refugees

viii Amnesty International Report 2020/21


PREFACE
In 2020, a mere cluster of molecules shook the whole world.
Smaller than can be seen by the naked eye, a very local virus unleashed
with marked rapidity a global pandemic. Whatever will be proven to be its
precise genesis, the coronavirus (COVID-19) and its mass casualties flourished
in part thanks to our global milieu of deeper, broader inequalities within and
between countries. It has been made far worse by austerity policies that
weakened public infrastructure and public health systems; by international
architecture enfeebled in form, function and leadership. And it has been made
far worse under pressure from leaders of states who demonize and exclude,
asserting archaic constructs of state sovereignty and peddling rejectionist
approaches to science, evidence and universal norms.
These are exceptional times. But have we risen to meet their challenge?
Exceptional times oblige exceptional responses and demand exceptional
leadership.
In 2020, exceptional leadership came not from power, privilege, or profits. It
came instead from nurses, doctors, and health workers on the frontlines of life-
saving services. It came from those who cared for older people. It came from
technicians and scientists running millions of tests and trials, frantically
searching for vaccines. It came from those who, bunched together more often
at the very bottom of the income scale, worked to feed the rest of us; who
cleaned our streets; cared for the bodies of the hundreds of thousands of
deceased; repaired our essential services; patrolled our streets; drove what
remained of our public transport.
In 2020, as so much of the world shut down, it was those people who stood
up, who stood out. So too, those who stayed home in solidarity, if they had a
home to live in, who maintained emotionally costly physical distance, and who
cared for those around them.
But underneath that heroism, pandemic times laid bare the devastating
consequences of abuse of power, structurally and historically. The COVID-19
pandemic may not define who we are, but it certainly has amplified what we
should not be.
Seeing this clearly, again people stood up. They rose against inequality, they
rose against police violence targeted disproportionately against Black people,
against minorities, poor, and homeless people. They rose against exclusion,
patriarchy, and the hateful rhetoric and cruel conduct of supremacist
leadership.
The demands of the Black Lives Matter and #MeToo movements echoed
the world over. Public protest against repression and inequality poured onto
the streets from Belarus to Poland, Iraq to Chile, Hong Kong to Nigeria. So
often, at risk to their own safety, it was the leadership of human rights
defenders and social justice activists the world over that urged us on.
At times we caught glimpses of exceptional political leadership, often from
women leaders, who took bold and difficult decisions to protect lives, sustain
health systems, make the investments needed for immediate solutions to be
found at unprecedented speed, and issue economic support desperately
needed by those whose livelihoods had all but disappeared.

Amnesty International Report 2020/21 ix


But the pandemic also amplified the mediocre and mendacious, the selfish
and the fraudulent, among the world’s political leaders.
As I write this, the richest countries have effected a near-monopoly of the
world’s supply of vaccines, leaving countries with the fewest resources to face
the worst health and human rights outcomes and thus the longest-lasting
economic and social disruption.
And as people die in their millions, and millions more lose their livelihoods,
what are we to make of the fact that top billionaires’ incomes have soared, that
tech-giants’ profits have escalated, that the stock markets across the world’s
financial centres have grown? Crucially, what are their proposals for
shouldering their fair share of the pandemic burden; for ensuring an enduring
fair and equitable recovery? In the early days of 2021, still their silence on this
is unbroken.
How can it be that, yet again, this time under a pandemic, the global
economy has meant that those who had the least gave the most?
2020 revealed, too, the weakness of international co-operation: a crumbling
multilateral system acquiescent to the most powerful and providing feebly for
the weakest; a system unable when not unwilling to scale up global solidarity.
China’s gross irresponsibility in the early days of the pandemic by suppressing
crucial information was utterly catastrophic, while the US decision in the midst
of the pandemic to withdraw from the World Health Organization (WHO)
showed an egregious disregard for the rest of the world.
Paltry half-measures – such as the G20 decision to suspend debt
repayments for 77 countries in 2020 while demanding that the money be
repaid with interest later – threatened to entrench structural inequalities and
economic hardship in the pandemic recovery, with grave consequences
potentially for millions of people’s economic and social rights.
After years of magisterial failure, 2020 provided only further evidence that
our global political institutions are not fit for the global purpose they should
serve.
The pandemic has cast a harsh light on the world’s inability to co-operate
effectively and equitably at the onset of a low-probability, high-impact global
event. Therefore, we can scarcely avoid a sense of impending peril as, looking
ahead, we contemplate a crisis of an altogether grander scale for which there
is no vaccine – namely the climate crisis.
In 2020, millions of people suffered the catastrophic effects of extreme
climate events. Disasters, exacerbated by global warming and climate
instability, severely affected millions of people’s enjoyment of rights to life,
food, health, housing, water, and sanitation, among others: from prolonged
drought in sub-Saharan Africa and India to devastating tropical storms
sweeping across Southeast Asia, the Caribbean, Southern Africa and the
Pacific, to the catastrophic fires that afflicted California and Australia. And in
reply? The commitment by developed countries, under the Paris Agreement, to
ensure at least US$100 billion worth of climate finance for developing
countries by 2020 was simply not met. And States signally failed to put forward
the commitments needed to meet the 2030 target of reducing global
greenhouse gas emissions by half. A drastic change of course is required to
avert a rise in the global temperature of more than 1.5 C over pre-industrial
levels that would trigger irreversible consequences.

x Amnesty International Report 2020/21


2020: 366 days that saw the fostering of lethal selfishness, cowardice,
mediocrity, and toxic failures from xenophobia and racial hatred. 366 days that
illustrated just how unchanged and how contemporary is the violent legacy of
centuries of racism, patriarchy, and inequality. But 366 days that also gifted us
rich sources of inspiration for our strength and resilience as a human family;
days that showed people’s determination to stand up for their rights and for a
fair and a just recovery from the pandemic.
Exceptional times oblige exceptional responses and demand exceptional
leadership. So what do we need to see, to create a world much more resilient
to the huge challenges ahead of us?
The foundations for a sustainable, post-pandemic global society rest not
merely on recovery. It requires accountability, human rights, and a rethink and
reformulation of our relationship to our habitat, environment and the economy.
Immediately, authorities must work to accelerate production and delivery of
vaccines for all. That is a most fundamental, even rudimentary, test of the
world’s capacity for co-operation: to think globally, act locally, and to plan for
the long-term. This includes supporting a waiver to the World Trade
Organization TRIPS agreement that will allow for much-needed expanded
production of COVID-19 health products and ensuring pharmaceutical
companies share their innovations and technology through open and non-
exclusive licences and initiatives such as the WHO’s COVID-19 Technology
Access Pool (C-TAP). 
Beyond that first step, recovery that “builds back better” will demand more
than a reboot. It requires a reset that addresses the root causes of the crisis by
protecting and respecting rights, indivisibly and universally.
Firstly, it requires an end to governments’ agenda towards increasing
“security” which, since 9/11, has driven a widespread suppression of civic
space that has even expanded during the pandemic. That agenda, lending the
false hue of normality to extraordinary executive and policing powers, now
risks becoming permanent. It must be dismantled.
Secondly, fair and sustainable recovery demands resetting the world’s
public taxation regimes. Adequate taxation is a must to mobilize the resources
needed to fulfil economic and social rights including our rights to health,
education, and social security. Fair and human rights-compliant taxation of
transnational profits will be key, as will be concerted efforts to end tax evasion
and aggressive tax avoidance. States should put in place a new fossil fuel tax
on the components of energy companies’ profits and payments to
shareholders derived from their fossil fuel business, in order to push
shareholders and companies to move to renewable energy, and without
imposing the main burden on consumers.
Short-sighted decision-making has no place in a post-pandemic society. So
long as under-regulated, speculative, hyper-acquisitive investment in carbon-
intensive assets dominates the global economy, the climate crisis will only
deepen, carrying in its path multiple violations and accelerating us towards an
irreversible singularity that imperils the very existence of the human family.
Thirdly, we must confront the reality that the sovereign nation state acting
on its own for its own, is no better equipped to address these global challenges
than is a bicycle handbrake to halt a passenger jet.
Reforming global governance and repurposing global institutions to
strengthen and enable delivery on human rights is preconditional to robust

Amnesty International Report 2020/21 xi


recovery. We cannot accept the “pick and choose” approach adopted by some
states, who take their preferred cherries from the global governance cake while
leaving behind the “inconvenient” ingredients of human rights, accountability,
and transparency.
Fit-for-purpose global governance requires global scrutiny of how the
international norms and standards of human rights are implemented for the
prevention of genocide and crimes against humanity; of abuse of power and
corruption; of ruthless censorship and suppression of dissent; and of
discrimination, brute force and torture by those whose job it is to protect us.
The innovation, creativity and inventiveness that we need to find our way to
sustainable resilient recovery demand that our freedoms be upheld, defended
and protected, not curtailed. Global governance will not be fit for global
purposes until and unless, systematic engagement with, valuing of, and
respect for global civil society are woven deep into its operations. We must
demand that. We must claim that. We must organize for that. And as civil
society, we must ensure we are fit for that too.
2020 taught us, yet again, lessons that we ignore at the peril of generations
to come: the interdependence of the human family; the universality of what
“we, the peoples” require of governance in times of crisis, and just how
indivisible is our own future from the future we are creating for our planet. It
taught us again the essence, in other words, of human rights.
The question that remains to be answered is: will we be bold enough to see
what must be done and courageous enough to get on and do it, at scale and at
pace?
Agnès Callamard
Secretary General

xii Amnesty International Report 2020/21


 AMNESTY 
 INTERNATIONAL 
 REPORT 2020/21 
GLOBAL ANALYSIS AND REGIONAL OVERVIEWS
GLOBAL ANALYSIS
During 2020 the world was rocked by COVID-19. The pandemic and some of the measures
taken to tackle it had a devastating effect on the lives of millions, but also revealed, and
sometimes aggravated, existing patterns of abuses and inequalities. Some had roots in
discrimination based on race, gender and other grounds, which often intersected and
rendered certain populations uniquely vulnerable. Those abuses and inequalities were
spotlighted and vigorously challenged by people-powered movements such as Black Lives
Matter and women’s rights campaigns, whose resilience led to a few hard-won victories. The
pandemic threw into stark relief the human rights impact of years of political and financial
crises and flaws in global systems of governance and co-operation, which some states
exacerbated by shirking their responsibilities or attacking multilateral institutions. These
dynamics were illustrated by trends in three areas: violations of the rights to life, health and
social protection; gender-based violence and threats to sexual and reproductive rights; and
repression of dissent.
Meanwhile, in both long-running and new conflicts, government forces and armed groups
carried out indiscriminate and targeted attacks on civilians, killing thousands, and caused or
prolonged mass displacement and humanitarian crises. Despite a few notable convictions for
war crimes and crimes against humanity, impunity in times of war and peace remained the
norm and, in some countries, the rule of law was eroded. Millions of people suffered from
disasters exacerbated by the climate crisis.
The overall picture was of a world in disarray. However, by grounding measures aimed at
recovery from the pandemic and other crises in human rights, leaders have an opportunity to
resuscitate international co-operation and fashion a more just future.

LIVES, HEALTH AND SOCIAL PROTECTION


COVID-19 killed at least 1.8 million people worldwide in 2020. Health systems and social
protection programmes, weakened by decades of underinvestment and a lack of preparedness,
were ill-equipped to respond. Workers’ incomes were hit by rising unemployment and inactivity,
while the number of people facing acute food insecurity doubled to 270 million.
Governments failed to adequately protect health and other essential workers. Thousands lost
their lives due to COVID-19 and many others were taken seriously ill due to shortages in
personal protective equipment (PPE). Amnesty International documented allegations that state
authorities harassed or intimidated health or other essential workers in the context of the
pandemic in 42 out of the 149 countries it monitored; some faced reprisals, including arrest
and dismissal, for raising concerns about safety or working conditions. Women health and care
workers were particularly affected as they comprised 70% of the global workforce in the health
and social sector, where they already experienced a significant gender pay gap.
Some government measures to tackle COVID-19 had a discriminatory impact on
marginalized groups. Lockdowns and curfews led to particularly high numbers of workers in the
informal economy losing their incomes without recourse to adequate social protection. Since
they dominated the sector, women and girls were disproportionately affected. Another measure,
the introduction of online-only education without ensuring access to appropriate technology,
disadvantaged many learners from marginalized groups. Women primarily bore the burden of
homeschooling, as well as other unpaid care resulting from closures of public services,
including looking after sick relatives.

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Furthermore, COVID-19 worsened the already precarious situation of refugees and migrants,
trapping some in squalid camps or detention facilities and leaving others stranded by border
closures. In 42 of the 149 countries Amnesty International monitored, there were reports of
refugees and migrants being subjected to refoulement. While some governments took steps to
release detainees to curb the spread of COVID-19, overcrowding and unhygienic conditions in
places of detention endangered inmates. Continuing forced evictions (Amnesty International
recorded allegations of these in 42 out of the 149 countries it monitored) increased people’s
exposure to the virus by making them homeless.
In many countries, ethnic minorities and Indigenous peoples had disproportionately high
rates of infection and death, due in part to pre-existing inequalities and lack of access to health
care. Political and religious figures stigmatized marginalized groups, blaming them for
spreading the virus. Muslims in some South Asian countries and LGBTI people in several
African and European ones were among the targets.
When COVID-19 was declared a pandemic, states consistently referred to the urgent need to
contain, mitigate and defeat the pandemic while fully respecting human rights. While the World
Health Organization’s (WHO) COVAX facility represented a positive global initiative aimed at
ensuring more countries could access vaccines, it was undermined by the non-participation of
Russia and the USA, the hoarding of vaccines by rich countries and the failure of companies to
share their intellectual property. More than 90 countries introduced export restrictions affecting
items including medical equipment, PPE, pharmaceutical products and food.
Wealthy states also blocked adoption of a proposal at the World Trade Organization for a
temporary waiver of intellectual property rights for COVID-19 products that was designed to
facilitate universal access. Disagreement in the UN Security Council between the USA and
China over reference to the WHO delayed the passing of a resolution on a global ceasefire to
support the COVID-19 response for three months. While the G20 agreed a limited suspension
of debt payments from the poorest countries, it fell far short of delivering its own stated aim of a
co-ordinated large-scale response.
To reaffirm international co-operation and meet their human rights obligations, all
governments should ensure COVID-19 vaccines are available and accessible to everyone and
make them free at the point of care. They should also support the development of a global
social protection fund grounded in human rights standards. Rich countries and international
financial institutions should ensure that all states have the resources needed to respond to
and recover from the pandemic, including through the suspension and cancellation of debt.

GENDER-BASED VIOLENCE
New legislation to counter violence against women and girls passed in Kuwait, South Korea and
Sudan. Some countries, including Croatia, Denmark, the Netherlands and Spain, took steps to
improve their rape laws to make them consent-based. In several African countries there were
unprecedented judicial developments aimed at ending impunity for rape and other sexual
violence in peace and conflict. The African Union looked set to prepare a new regional treaty to
combat violence against women. However, implementation of the Istanbul Convention, the
Council of Europe’s equivalent, was obstructed in three member states.
In practice, gender-based violence, including “honour” killings and caste-based, domestic
and sexual violence, remained shockingly high worldwide and authorities generally failed to
take adequate action to prevent it, prosecute perpetrators and grant survivors access to
remedies. Some authorities themselves carried out violence by, for example, punishing women
for perceived transgressions of Islamic law or subjecting men to anal testing amounting to
torture.
Long-standing discrimination in law and practice underpinned the violence and manifested
itself in other ways. Amnesty International recorded allegations of LGBTI individuals being

Amnesty International Report 2020/21 15


arrested or taken into detention in 2020 because of their sexual orientation or gender identity in
24 out of the 149 countries it monitored.
The situation was exacerbated by COVID-19 control measures. Support organizations across
the world reported a marked increase in gender-based and domestic violence; many women
and LGBTI people were confined with abusers under lockdown. Some governments took
emergency steps to assist survivors. However, many others classified support for them,
including sexual and reproductive health and counselling services, as non-essential, leading to
their suspension during lockdowns.
Some jurisdictions categorized abortion care in the same way, disproportionately impacting
marginalized groups. Others, on the contrary, adopted progressive policies such as allowing
access to abortion pills through telemedicine to mitigate the risk of infection. In positive
developments outside the context of the pandemic, abortion was decriminalized in Argentina,
Northern Ireland and South Korea. Nevertheless, abortion remained criminalized in most
countries in the Americas and a judicial decision further restricted access to it in one EU state.
At the international level, UN states marked the 25th anniversary of the Beijing Declaration
and Platform for Action by adopting a welcome political declaration to reaffirm commitments to
advance women’s human rights and eliminate “all forms of violence and harmful practices
against all women and girls”. However, they did not include any explicit reference to sexual and
reproductive health and rights. Separately, some governments sought to undermine the existing
consensus around women’s rights and gender equality by continuing attempts to remove
“sexual and reproductive rights” from long-standing international commitments.
Governments must take urgent concerted action to stop the backlash against the rights of
women and LGBTI people and implement concrete measures to achieve gender justice.
They must also translate global initiatives such as the Beijing Declaration and Platform for
Action and the Women, Peace and Security agenda into concrete measures to eliminate
gender-based violence, address its root causes, including discrimination, and guarantee
sexual and reproductive health and rights for all.

REPRESSION OF DISSENT
Many governments repressed dissent and otherwise restricted civic space. In response to
protests against unaccountable rulers, the erosion of social and economic rights and structural
racism (such as those led by the Black Lives Matter movement), security forces misused
firearms and less lethal weapons including tear gas, unlawfully killing hundreds and injuring
many more. They also targeted human rights defenders, journalists and political opponents with
intimidation and arbitrary detention. Some had exposed corruption or human rights violations.
Some were pursued in the context of elections marred by credible allegations of fraud or
restrictions on basic freedoms. Women human rights defenders often faced additional risks due
to their gender.
In a few countries, particularly in Asia and the Middle East and North Africa, authorities
prosecuted and even imprisoned human rights defenders and journalists using vaguely worded
charges such as spreading misinformation, leaking state secrets and insulting authorities, or
labelled them as “terrorists”. Some governments invested in digital surveillance equipment to
target them. Some hamstrung the operations of human rights organizations, including Amnesty
International. In Latin America and the Caribbean, which remained the most violent region for
human rights defenders, scores were killed by criminal groups in actions linked to the state or
business interests.
Some authorities in the Americas and the Middle East and North Africa issued legislation
criminalizing commentary related to the pandemic and subsequently prosecuted people for
spreading false news or obstructing government decisions. Others in Europe conflated the

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public health crisis with national security concerns, rushing through national security legislation
or bolstering, or threatening to bolster, surveillance capabilities.
To enforce restrictions on assemblies during the pandemic, many governments imposed
blanket bans on demonstrations or used unlawful force, particularly in Africa and the Americas.
Furthermore, authorities punished those who criticized government actions on COVID-19,
exposed violations in the response to it or questioned the official narrative around it, particularly
in Asia and the Middle East and North Africa. Hundreds were detained arbitrarily and, in some
cases, charged and prosecuted. In some countries, the government used the pandemic as a
pretext to clamp down on unrelated criticism.
At the international level, progress was made at the UN Human Rights Council to address
human rights crises such as those in Libya, Venezuela and Yemen, by creating, maintaining
and enhancing investigative mechanisms that could contribute to criminal prosecutions. UN
member states failed, however, to deliver a credible response to repression of dissent and other
patterns of grave human rights situations in countries including China, Egypt and India. Some
governments fuelled the problems by continuing to sell crowd control equipment and munitions
to states that were highly likely to use them to commit violations of international law in law
enforcement, as well as conflict, situations. Several flagrantly violated UN Security Council arms
embargoes.
International Criminal Court (ICC) investigations were opened on Afghanistan and continued
on Myanmar/Bangladesh. Preliminary examinations were concluded on Nigeria and Ukraine,
with the Prosecutor announcing her intention to seek investigations into alleged war crimes and
crimes against humanity. The Prosecutor also sought a ruling on the scope of the ICC’s
territorial jurisdiction in the Occupied Palestinian Territories, with a view to opening an
investigation.
However, powerful states continued to seek to block accountability for, and undermine
collective responses to, other patterns of serious human rights violations. The USA imposed
sanctions on employees of the ICC. UK obstructionism was a dominant factor in the Office of
the Prosecutor’s regrettable decision not to open an investigation into allegations concerning
the UK military in Iraq. China and Russia attacked the international human rights framework
and independent UN human rights monitors. Continuing political deadlock at the UN Security
Council hamstrung its ability to respond in a timely and effective way to human rights crises.
More broadly, various governments hampered the engagement of civil society actors with the
UN through reprisals and intimidation. The UN’s human rights mechanisms and institutions
also faced a funding and liquidity crisis caused by late or non-payment of contributions by
member states. The challenges were compounded by the pandemic.
To build a future where the institutions mandated to protect international law can effectively
prevent, respond to and pursue accountability for repression of dissent and other patterns of
grave human rights violations, all states should strengthen and fully finance the UN’s
human rights mechanisms and institutions. They should also fully co-operate with the ICC
on ongoing cases and call out political interference.

Amnesty International Report 2020/21 17


Meanwhile, elections were characterized by
widespread human rights violations.
AFRICA REGIONAL
OVERVIEW ARMED CONFLICT AND
ATTACKS ON CIVILIANS
If there was ever a glimmer of hope that Conflicts with armed groups and attacks on
2020 would see a break in the cycle of civilians continued or escalated in most parts
armed conflicts in Africa, continued of the region. Armed groups maintained a
fighting in several war-torn countries foothold in West Africa and the Sahel region,
dashed any cause for optimism. The 2013 attacking civilians in Burkina Faso, Mali,
pledge by African leaders to “silence the Niger and Nigeria. In response, state security
guns” by 2020 remained unrealized. forces also committed grave human rights
Instead, the sound of gunfire grew louder, violations against civilians. In Central Africa,
claiming thousands of lives in the process. armed groups blighted many lives in
Serious violations and abuses of Cameroon, the Central African Republic
international humanitarian and human rights (CAR) and Chad. In Southern Africa, the long
law remained common features of conflicts. simmering violence in Mozambique’s Cabo
From the 10-year conflict in northeastern Delgado province intensified, becoming a
Nigeria to the newly erupted conflict in the full-blown armed conflict. The Great Lakes
Tigray region of Ethiopia, security forces, and Horn of Africa regions remained home to
armed groups and militias committed protracted conflicts. In the Democratic
atrocities with impunity. Republic of the Congo (DRC), Somalia, South
The devastating impact of conflict was Sudan and Sudan, conflicts continued to
compounded by the COVID-19 pandemic, as fester, albeit with varying degrees of intensity
well as locust invasions and climatic shocks. and geographical coverage. A new conflict
These converging factors took their toll on flared in the Tigray region of Ethiopia, a
populations, revealing deep seated barriers country also plagued by communal violence.
to, and structural fissures within, systems for Between February and April, governments
the protection of human rights. The in Burkina Faso, Mali and Niger increased
pandemic particularly exposed the deplorable military operations to fight armed groups. In
conditions of public health care as well as the process, security forces committed
inequalities in access to basic socio- serious human rights violations against
economic rights. Meanwhile lockdowns and civilians, notably extrajudicial executions and
curfews increased the risk of sexual and enforced disappearances. In Nigeria,
other gender-based violence which targeted government forces launched indiscriminate
women and girls while survivors struggled to attacks in the context of the conflict in the
access legal aid, justice, and health care. On Northeast. In one such incident, at least 10
the positive side, there were some notable children and seven women were killed when
advances in the protection of women and the Air Force bombed a village in Borno
girls from discrimination, ranging from the state.
first ever marital rape conviction in Eswatini In Mozambique, by September, 1,500
to criminalization of female genital mutilation people had been killed in the conflict in the
(FGM) in Sudan. Cabo Delgado province. While armed groups
Governments used excessive force to beheaded civilians, burned houses, looted
enforce COVID-19 regulations and to break villages and abducted women and girls,
up protests. The pandemic also served as a security forces arbitrarily detained, forcibly
pretext for governments to escalate disappeared, tortured and extrajudicially
crackdowns and the repression of dissent.

18 Amnesty International Report 2020/21


executed alleged armed groups members or town on 9 November. This attack was carried
sympathizers. out by local militia.
In Somalia, the US military’s Africa In Niger, armed groups, including the
Command (USAFRICOM) continued to use Islamic State in the Greater Sahara (ISGS),
drones and manned aircrafts to carry out targeted civilians and humanitarian workers.
more than 53 airstrikes during the year. Two In June, 10 humanitarian workers were
airstrikes in February killed two civilians and abducted by gunmen in Bossey Bangou in
injured three others. In South Sudan, the Tillabéry region while in August, seven
sporadic clashes between parties to the humanitarian workers were killed by ISGS
armed conflict continued. Soldiers looted members at the Kouré giraffe reserve. Similar
civilians’ belongings, burned villages and violations were recorded in CAR where there
destroyed properties, including hospitals, were 267 attacks against aid workers,
churches and schools. resulting in two deaths. In Mali, attacks by
In Burkina Faso, clashes between armed armed groups extended to UN personnel, two
groups, and attacks against civilians, often of whom were killed.
along ethnic lines, continued. Attacks and Al-Shabaab continued to target civilians
killings by different armed groups took place and civilian infrastructure in Somalia. In
in villages, mosques and cattle markets in the August, it detonated a car bomb in a
Northern, Sahel and Eastern regions of the beachside hotel in the capital, Mogadishu,
country. In Mali, dozens of civilians were killing at least 11 people and injuring 18
killed by various armed groups, especially in others. In South Sudan, fighting between
the central regions. Notably, in July, gunmen ethnic groups and clans surged, resulting in
thought to be affiliated with the Group for the the killing of at least 600 people and 450
Support of Islam and Muslims, attacked injuries and the displacement of thousands
several villages in the Tori and Diallassagou more.
communes, killing at least 32 civilians. In All parties to armed conflicts should
Nigeria, Boko Haram was responsible for immediately end indiscriminate or targeted
more than 420 civilian deaths and continued attacks on civilians, non-combatants or
to recruit child soldiers and abduct women civilian infrastructure. The African Union
and girls. (AU), the UN and member states need to
The crisis in the Anglophone region of enhance pressure for protection of civilians
Cameroon continued unabated. Separatist and respect of international law during
armed groups targeted people perceived as conflicts.
government supporters. A new low in October
saw gunmen kill eight school children and
injure several others in the South-West IMPUNITY
region. In the Far North region, the armed Impunity for crimes under international law
group Boko Haram continued to carry out and other serious human rights violations and
hundreds of attacks targeting civilians. abuses remained pervasive. In conflict
Inter-communal violence intensified in countries, the pursuit of justice presented a
Ethiopia. In November, at least 54 people mixed picture of progress undercut by
from the Amhara ethnic group in Gawa retrogressive steps taken by governments.
Qanqa village in Guliso District of West CAR’s criminal court of Bangui convicted
Welega Zone were killed in an attack by five leaders of the armed group Anti-Balaka
suspected members of the Oromo Liberation of war crimes and crimes against humanity in
Army, an armed group. In the same month, February while the Special Criminal Court
an armed conflict erupted in the Tigray region confirmed in September that 10 cases were
and scores of ethnic-Amhara residents, likely under investigation. Yet several armed group
hundreds, were massacred in Mai-Kadra leaders continued to hold roles in

Amnesty International Report 2020/21 19


government while their members committed Developments connected to the 1994
human rights abuses. genocide in Rwanda included the arrest, in
In DRC, the North-Kivu operational military France during May, of Félicien Kabuga,
court sentenced Ntabo Ntaberi alias Sheka, suspected chief financier of the genocide,
leader of the militia group Nduma Defence of and his transfer in October to the custody of
Congo, to life imprisonment for crimes the International Residual Mechanism for
against civilians in North-Kivu between 2007 Criminal Tribunals (IRMCT) in The Hague.
and 2017. Charges included rape of some Also in May, the IRMCT’s Chief Prosecutor
400 women, men and children in 2010. confirmed that Augustin Bizimana, indicted
In South Sudan, civilian and military courts by the International Criminal Tribunal for
convicted several soldiers of conflict-related Rwanda in 2001 for genocide, had died in
sexual violence. At the same time, there was 2000 in the Republic of the Congo.
no discernible action to establish the Hybrid African governments must re-commit to the
Court for South Sudan, provided for in the fight against impunity by undertaking
2015 and 2018 peace agreements. thorough, independent, impartial, effective,
Moreover, the President appointed a former and transparent investigations into crimes
opposition commander suspected of under international law and by bringing
widespread conflict-related sexual violence as suspected perpetrators to justice.
governor of Western Equatoria state.

ICC REPRESSION OF DISSENT


There were new developments at the ICC
concerning several country situations,
AND FREEDOMS
including Mali, Nigeria and Sudan. In a region where state overreach and
In June, Ali Muhammad Ali Abd-Al- repression were already major concerns,
Rahman (also known as Ali Kushayb), a 2020 saw the situation worsen. Governments
former Sudanese senior militia commander, took advantage of the COVID-19 pandemic to
surrendered to the ICC after 13 years spent intensify restrictions on the rights to freedom
evading justice for crimes against humanity of expression, peaceful assembly and
and war crimes allegedly committed in association. In almost every country
Darfur. However, by the year’s end, the monitored, states of emergency were
Sudanese authorities had failed to hand over imposed to curb the spread of COVID-19.
former President al-Bashir and two others to However, these measures were frequently
the ICC to answer allegations against them. used to violate human rights, including by
In July, the trial of Al Hasan ag Abdoul Aziz security forces using excessive force to
ag Mohamed before the ICC began. He is enforce them.
accused of crimes against humanity and war Crackdowns on human rights in the
crimes committed in Timbuktu while he was context of elections also deepened. While 22
a member of the Ansar Eddine, an armed elections were scheduled to take place,
group which controlled the city during the several were postponed or suspended. Those
Islamist occupation of northern Mali between that went ahead took place in a climate of
2012 and 2013. fear and formed the backdrop for widespread
In December, the Office of the Prosecutor human rights violations.
of the ICC concluded a 10-year preliminary
investigation into crimes against humanity EXCESSIVE USE OF FORCE
and war crimes allegedly committed by Boko The use of excessive force to enforce
Haram and Nigerian security forces. It COVID-19 regulations was common. In many
decided it will request authorization to open a instances, such force led to deaths and
formal investigation. injuries, including in Angola, Kenya, South
Africa, Togo and Uganda.

20 Amnesty International Report 2020/21


In Angola, a 14-year-old boy was among days following the October presidential
dozens of people shot dead by the police. In election, security forces killed at least 16
Kenya, at least six people, including a 13- people while they protested the results.
year-old boy, died from police violence in the Crackdowns on protests took other forms,
first 10 days of a nationwide curfew. While including unlawful bans, judicial harassment
the President publicly apologized, police and arbitrary arrests. In Burkina Faso, several
excesses continued throughout the year. protests were arbitrarily banned or stopped,
In Rwanda, an outcry on social media including a January sit-in outside the
prompted the President and the Minister of Ouagadougou Court that had been organized
Justice to condemn police violence in curfew to demand justice for the killing of 50 people
enforcement and promise accountability. In by an armed group in 2019. In Côte d'Ivoire,
Uganda, security forces killed at least 12 dozens of people were arbitrarily arrested in
people, including an 80-year-old woman. In August for having participated in
South Africa, the death of Collins Khosa after demonstrations against President Ouattara’s
he was brutally beaten by military and police running for a third term. In Cameroon,
officers enforcing a national lockdown authorities issued a nationwide ban on
reflected a longstanding concern about the demonstrations after the opposition
security forces’ use of excessive force. Cameroon Renaissance Movement (MRC)
called for street action against the
CRACKDOWN ON PEACEFUL PROTESTS government’s decision to hold regional
Security forces continued to unleash violence elections in December. On 22 September, at
on peaceful protesters. In Ethiopia, security least 500 MRC supporters who turned up for
forces used excessive force to break up protests were arbitrarily arrested.
protests, killing hundreds of people. In June, On a positive note, Uganda’s Constitutional
the violent dispersal of protests triggered by Court in March nullified parts of the Public
the killing of a renowned Oromiffa musician, Order Management Act which had given
led to at least 166 deaths in Oromia alone. In police excessive powers to prohibit public
August, security forces killed at least 16 gatherings and protests.
people following protests over the arrest of
zone administration officials, community ATTACKS ON HUMAN RIGHTS
leaders and activists in Wolaita zone. DEFENDERS AND OPPOSITION
In Nigeria, the #EndSARS protests led to ACTIVISTS
the dissolution of the Special Anti-Robbery Even amid a pandemic, attacks on human
Squad (SARS), a police unit notorious for rights defenders and opposition activists did
human rights violations. But this came at a not relent. This was particularly the case in
heavy price when, in October, at least 56 countries that held or headed towards
people were killed nationwide as security elections, like Burundi, Côte d'Ivoire, Guinea,
forces attempted to control or stop the Niger, Tanzania and Uganda.
protests. Among the dead were 12 killed after In Burundi, more than 600 opposition
the military opened fire on protesters at the party members were arrested before and
Lekki Toll Gate in Lagos city. during election day on 20 May. In Niger, a
In Guinea, seven people were killed in May wave of arrests of political activists preceded
during demonstrations against the security the December presidential election. In
forces’ enforcement of COVID-19 movement Tanzania, at least 77 opposition leaders and
restrictions. Many more died during supporters were arrested and arbitrarily
demonstrations against a bid to change the detained in the aftermath of the October
Constitution to allow President Conde to run elections. Before the Tanzanian elections,
for a third term. On 22 March, the day of the authorities had suspended the activities or
constitutional referendum, 12 demonstrators frozen the bank accounts of several human
were killed, nine of them by gunfire. In the rights NGOs.

Amnesty International Report 2020/21 21


Elsewhere, human rights defenders were In Togo, a new Press and Communication
abducted, forcibly disappeared or killed. In Code passed in January provided for
Mali, an anti-corruption activist was abducted journalists to be punished with hefty fines for
by hooded intelligence service agents and insulting government officials. In March, two
detained incommunicado for 12 days. newspapers were suspended for running a
Spurious charges brought against him were story about the French ambassador. A third
later thrown out by a court. In Mozambique, newspaper was suspended for criticizing the
security forces arrested two activists who suspensions. Journalists, including in Niger
were later found dead along with another 12 and the Republic of the Congo, were also
civilians. Meanwhile, community radio harassed for criticizing the governments’
journalist Ibraimo Abú Mbaruco was forcibly response to COVID-19.
disappeared by army officers; his In a positive development, Somalia’s
whereabouts were unknown at the end of the Attorney General established the office of a
year. Special Prosecutor to deal with crimes
In Niger, South Sudan and Zimbabwe, against journalists.
human rights defenders and activists Governments must ensure that security
exposing allegations of corruption and forces act in accordance with international
demanding accountability were particularly human rights standards on the use of force
targeted. In Zimbabwe, the criminal justice and firearms and that cases of excessive
system was misused to persecute use of force are promptly, thoroughly,
investigative journalist Hopewell Chin’ono, independently and transparently
among other human rights defenders. investigated and suspected perpetrators
A few positive developments were brought to justice.
recorded. A Ugandan High Court ordered the They must respect the rights to freedom of
release of Stella Nyanzi for wrongful expression and peaceful assembly, release
conviction and violation of her human rights, all those arbitrarily detained, and carry out
in February, days before she had completed prompt, effective and transparent
an 18-month prison sentence after a investigations into reports of excessive use
magistrate’s court found her guilty of the of force against protesters, bring to justice
cyber harassment of the President. In June, suspected perpetrators and ensure access
the Burundian Supreme Court set aside an to justice and effective remedies for
appeal court decision upholding Germain victims.
Rukuki’s conviction and ordered a fresh They must end harassment and intimidation
hearing of the appeal. of human rights defenders and immediately
and unconditionally release those who are
MEDIA FREEDOM detained or imprisoned.
Repression of dissent was also manifest in Governments must respect media freedom
governments’ curtailment of media freedom. and ensure that media outlets are free to
In Mozambique, unidentified assailants operate independently, and that media
firebombed the offices of independent practitioners are able to carry out their job
newspaper, Canal de Moçambique, around without intimidation, harassment and fear
the same time that the authorities issued of reprisals.
trumped-up charges against two of the
paper’s senior staff members. In Tanzania,
newspapers and broadcasting stations critical
of the government were penalized,
suspended or banned. Regulations on radio
and television broadcasting were also
amended to limit international media
coverage of the elections.

22 Amnesty International Report 2020/21


ECONOMIC, SOCIAL AND HEALTH WORKERS’ RIGHTS
CULTURAL RIGHTS Governments across the region failed to
adequately protect health workers from
exposure to COVID-19. Workers operated in
RIGHT TO HEALTH insanitary and unsafe environments due to
The first case of COVID-19 in sub-Saharan shortages of PPE and sanitizers. In South
Africa was reported in Nigeria on 28 Africa, by early August, at least 240 health
February. By the year’s end, there were more workers had died after contracting COVID-19.
than 2.6 million confirmed cases and more By July, about 2,065 health workers in Ghana
than 63,000 COVID-19-related deaths had been infected and six had died due to
throughout Africa. With a dire lack of medical COVID-19-related complications.
equipment, such as ventilators and PPE for Despite facing increased workloads and
health workers, most health care systems in additional occupational risks, health workers
the region were ill-prepared to respond in most countries remained without adequate
adequately to the pandemic. Insufficient compensation. As the pandemic’s impact
testing capacity led to serious delays in the became unbearable, health workers resorted
provision of test results. Lesotho, for instance, to industrial action to demand better working
had no testing capacity until mid-May, before conditions. Health workers across the region
which samples were sent to South Africa. raised their concerns through formal
Some countries withheld or stopped complaints, protests and strikes, including in
publishing COVID-19-related information, Burkina Faso, Kenya, Lesotho, the Republic
while others disregarded WHO public health of the Congo, Sierra Leone, South Africa,
guidance. In May, the governments of Togo and Zimbabwe. Meanwhile,
Burundi and Equatorial Guinea expelled governments responded with various forms of
senior WHO staff members from their reprisal.
countries. Response to the pandemic was In Equatorial Guinea, a nurse faced
also hampered by poor road infrastructure, executive and judicial harassment for
and a lack of hospitals and health care complaining in a WhatsApp message about
workers. the lack of oxygen in Malabo’s Sampaka
The pandemic highlighted decades of Hospital. In Zimbabwe, 17 nurses were
neglect and chronic under-resourcing of arrested for contravening lockdown
public health sectors across the region, regulations after they protested to demand
despite commitments made by African improved wages and working conditions.
governments in 2001 to devote at least 15%
of their annual budgets to health care. The IMPACT ON LIVELIHOOD AND THE RIGHT
pandemic also exposed inherent corruption TO FOOD
in the sector. Theft and misappropriation of COVID-19 had a devastating impact on the
COVID-19 funds, medical equipment and region’s already fragile economies. Curfews,
care packages were reported in many lockdowns and stay-at-home orders had a
countries, including in Kenya, Nigeria, South disproportionate impact on people working in
Africa, Zambia and Zimbabwe. the informal economy who constituted 71%
On the positive side, at least 20 of the region’s workforce. Many of them lost
governments in the region sought to their livelihoods and incomes and could not
decongest prisons as part of broader afford food or other essential supplies. This
responses to the pandemic. Even so, most exacerbated an already dire situation for
prisons in the region remained overcrowded, those facing long-term food insecurity
putting prisoners’ health at risk. including as a result of recurrent droughts
and the locust invasions.

Amnesty International Report 2020/21 23


Businesses and companies were forced to all forms of harassments and arbitrary
stop operations, leaving thousands of workers prosecutions.
unemployed. In Lesotho, more than 40,000 Governments must also ensure that
workers in the mining and manufacturing evictions comply with international
sectors were laid off. While most standards and that all children have access
governments implemented social relief to education.
programmes, including the provision of food
to those living in poverty, this support was
often insufficient. RIGHTS OF REFUGEES,
FORCED EVICTIONS
ASYLUM-SEEKERS,
Governments also continued to violate the MIGRANTS AND
right to adequate housing even as COVID-19
highlighted its importance. In Ethiopia,
INTERNALLY DISPLACED
Ghana and Kenya, government demolitions of PEOPLE
informal settlements in the capital cities of
Addis Ababa, Accra and Nairobi, Millions of people continued to be displaced
respectively, left thousands of people from their homes by armed conflict,
homeless and at greater risk of contracting humanitarian crises and persistent human
COVID-19. Meanwhile in Eswatini and rights violations. In Burkina Faso, the number
Lesotho, thousands lived in perpetual fear of of internally displaced people reached 1
forcible eviction by the authorities and private million. In CAR, 660,000 people had been
actors. displaced by conflict by 31 July. Eritreans
In a positive development, the Zambian continued to flee the country in droves,
High Court ruled in April that the forced primarily to avoid indefinite national service.
displacement of the Serenje rural In Somalia, a worsening humanitarian crisis
communities from their ancestral land arising from conflict, drought, floods and a
violated a series of their human rights. locust invasion had displaced almost
900,000 people by August. In Mozambique,
RIGHT TO EDUCATION by September, the conflict in Cabo Delgado
The COVID-19 pandemic disrupted learning had displaced over 250,000 people
as schools were shut down across the region, Refugees, migrants, and asylum-seekers
especially in the first half of the year. The use were among those disproportionately affected
of online education meant that millions of by COVID-19. Border closures left many of
children were unable to access their right to them stranded. The South African
education due to lack of appropriate government’s COVID-19 social relief
technology. This also entrenched existing programmes excluded refugees and asylum-
patterns of inequality and poverty. In conflict- seekers during the first half of the year.
ridden countries, like Burkina Faso, Governments must respect the right to seek
Cameroon and Mali, access to education was asylum. They must keep borders open for
also undermined by insecurity and constant refugees and asylum-seekers, while taking
attacks by armed groups. appropriate public health measures at
African governments must utilize the border crossing points. Governments must
maximum available resources to urgently also guarantee access for all asylum-
address the chronic under-resourcing of seekers, refugees and migrants to national
public health sectors and also seek further health and social protection systems.
regional and international co-operation to
strengthen their health care systems. They
must also listen to and address safety and
other concerns of health workers and end

24 Amnesty International Report 2020/21


woman had two toes severed in an attack by
DISCRIMINATION AND an unidentified assailant.
MARGINALIZATION
RIGHTS OF LESBIAN, GAY, BISEXUAL,
TRANSGENDER AND INTERSEX (LGBTI)
VIOLENCE AGAINST WOMEN AND GIRLS PEOPLE
COVID-19 lockdowns or curfews increased Discrimination against LGBTI people
the risk of sexual and gender-based violence continued and consensual same-sex relations
which targeted women and girls. Survivors remained criminalized in most countries. In
often struggled to access justice, health care, Madagascar, a woman was held in pre-trial
legal aid and counselling services. In South detention on charges of “corruption of
Africa, sexual and gender-based violence minors” after she was suspected of having a
continued to soar with a rate almost five consensual same-sex relationship with a 19-
times higher than the global average. year-old woman. In Eswatini, the authorities
COVID-19 also had a devastating effect on rejected an application from the LGBTI
women’s reproductive health and rights as it advocacy group, Eswatini Sexual and Gender
disrupted access to maternal health care Minorities, for registration. In Uganda, police
services. arrested 23 youths from a shelter for LGBTI
Rape and other sexual and gender-based people on the pretext of enforcing COVID-19
violence also continued in conflict situations. directives. While four were released on
In CAR, the UN recorded 60 cases of medical grounds during the first three days of
conflict-related sexual violence, including arrest, the rest were held for 44 days without
rape, forced marriage, and sexual slavery, access to their lawyers and medical
between June and October. In DRC, there treatment.
was an increase in sexual violence against Governments should strengthen measures
women and girls in the context of the conflict for prevention of and protection from
in the east. gender-based violence especially in the
There were, however, some advances in context of lockdowns, curfews and conflict
the protection from discrimination of women situations. More steps are also needed to
and girls. In January, a man was convicted of eliminate all forms of discrimination against
marital rape for the first time in Eswatini. In women and girls, in law and in practice,
February, South Africa announced that it including ensuring conformity with
would draft a regional treaty on violence international obligations.
against women. Sudan criminalized FGM in African governments must take measures to
April. The following month, the Rwandan end all forms of attacks and discrimination
President pardoned 36 women convicted for against marginalized groups. Urgent
abortion. Sierra Leone established the first measures are needed to offer effective
Sexual Offences Model Court to fast-track protections for people with albinism, to
rape cases in July. bring suspected perpetrators of crimes to
justice and to ensure access to justice and
PEOPLE WITH ALBINISM effective remedies for victims. Governments
People with albinism continued to face must also repeal laws which marginalize
violent attacks and mutilation. In Zambia, the LGBTI people and criminalize same-sex
dismembered body of a 43-year-old man was relations.
discovered in March; his eyes, tongue and
arms had been removed. In April, a man’s
body was exhumed from a grave and his
body parts stolen. In Malawi, the grave of a
two-year-old boy was tampered with in
January. The following month, a 92-year-old

Amnesty International Report 2020/21 25


assembly were also denied or unduly
restricted by the police or military, with
AMERICAS unlawful use of force recorded in more than a
dozen countries. Impunity and a lack of
REGIONAL access to justice remained a serious concern.
Arbitrary arrests were common and often
OVERVIEW linked to the enforcement of COVID-19
restrictions. In some countries, people were
forcibly quarantined in state-run centres that
The Americas began 2020 as the world’s failed to meet sanitary and physical
most unequal region and the impact of the distancing standards. A denial of the right to
COVID-19 pandemic exacerbated this health was also seen in the prison systems of
inequality. Some of those most affected about one third of the region’s countries.
were from marginalized communities and, Some governments detained refugees,
by the end of the year, poverty levels were asylum-seekers and migrants in conditions
set to soar. Government responses to the that left them at high risk of contracting
crisis had far reaching impacts on human COVID-19. Others forcibly returned people
rights, with frequently devastating without proper consideration of their asylum
consequences for vast numbers of people. claims.
COVID-19 restrictions hit the region’s large The unprecedent Regional Agreement on
informal economy hard, while government Access to Information, Public Participation
measures frequently undermined the social, and Justice in Environmental Matters in Latin
economic and cultural rights of those in the America and the Caribbean (Escazú
most precarious situations. Confused health Agreement) was finally set to come into force,
messages, lack of transparency and following its ratification by Mexico in
inadequate protective measures for November. However, the rights of Indigenous
marginalized communities compounded Peoples remained under threat and the
already weak and unequal access to health Americas continued to be one of the world’s
care, with devastating results. The region, most dangerous regions for human rights
home to just 13% of the world’s population, defenders, especially those working on issues
recorded 49% of all COVID-19 deaths related to the land, territory and the
globally. Lack of PPE, plus poor and environment.
precarious working conditions, exacted a
terrible toll on health workers, who were often
prohibited from speaking out and sanctioned ECONOMIC, SOCIAL AND
if they did.
Across the region, COVID-19 confinement
CULTURAL RIGHTS
measures led to a marked increase in In October, the UN Economic Commission for
violence against women, including domestic Latin America and the Caribbean forecast
violence and killings. Almost everywhere, that the region’s economies would contract
measures to protect women and girls were by 9.1%, with 37.3% of the population living
inadequate. In some countries support in poverty by the end of the year: the worst
programmes were cut; in others, state actors figure since 2006.
themselves perpetrated the violence. Several In some cases, the hardship was
governments did not do enough to prioritize particularly severe. By June, 40.9% of the
sexual and reproductive health as essential Argentine population was living in poverty. In
services during the pandemic. July, 96% of Venezuelan households were in
Freedom of expression was threatened by income poverty, with 79% in extreme income
governments in at least a dozen countries. poverty and unable to purchase basic foods.
Rights to freedom of association and peaceful

26 Amnesty International Report 2020/21


Many governments failed to mitigate the recorded COVID-19 deaths per million
social and economic effects of COVID-19 on inhabitants, the countries worst affected were
the most vulnerable. In Brazil, financial aid to Argentina, Brazil, Chile, Mexico, Peru and the
those on a low income was insufficient and USA.
implementation of the federal assistance Many governments broadly followed World
programme was flawed. In Guatemala, Health Organization (WHO) guidelines in their
neighbourhoods and communities were left responses to the pandemic. However, the
without access to water, preventing people governments of Brazil, Nicaragua, the USA
from adopting appropriate hygiene practices and Venezuela often issued confused health
during the pandemic. messages, failed to implement policies to
Some government measures resulted in protect those most at risk and showed a lack
discriminatory practices that undermined of transparency.
social, economic and cultural rights. For In Brazil, health messages from federal
example, the Colombian government stepped and state authorities were often contradictory,
up its forced eradication of coca production, while measures to mitigate the impact of
despite its effects on campesino communities COVID-19 among Indigenous Peoples were
that depend on coca for their livelihoods. In ineffective. According to the Articulation of
Venezuela, the government delayed providing Indigenous Peoples of Brazil, 158 Indigenous
full access to the World Food Programme Peoples were affected by the pandemic and
while national food distribution systems by 8 October more than 840 deaths had
continued to operate according to politically been registered.
discriminatory criteria. The governments of In Nicaragua, the authorities promoted
Ecuador and Mexico implemented austerity mass gatherings where physical distancing
measures at the height of the pandemic was not possible and official information
without sufficient protection of the basic about the response to COVID-19 lacked
social and economic needs of disadvantaged transparency.
individuals and groups. In the USA, inadequate and uneven
Governments must guarantee access to government responses to the pandemic had
economic, social and cultural rights without a disproportionate and discriminatory impact
discrimination. Plans for economic recovery on many people based on their race, socio-
should include all necessary measures to economic status and other characteristics.
address the disproportionate effects that The USA also initiated its withdrawal from the
the pandemic and the crisis has had on WHO.
certain people historically disadvantaged In Venezuela, there was a lack of
due to ethno-racial, gender, legal and socio- transparency from the authorities on testing,
economic status. Before embarking on rates of infection and deaths due to
austerity measures, states must COVID-19. There were also reports that
exhaustively examine all other options and pregnant women suspected of having
conduct a human rights impact assessment, COVID-19 were denied adequate care by
as well as prioritizing the most public health services.
disadvantaged people when allocating
resources. HEALTH WORKERS
The pandemic had a devastating impact on
health care workers in the region; at least
RIGHT TO HEALTH 3,000 died with COVID-19. On 2 September,
The pandemic had a devastating impact in the Pan American Health Organization
many countries where access to health care reported that some 570,000 health care
was limited and unequal. During the year, workers had contracted COVID-19 in the
more than 750,000 people died from Americas, “the highest number of health care
COVID-19 in the Americas. In terms of workers infected in the world”.

Amnesty International Report 2020/21 27


Health professionals in almost every cases and 199 deaths caused by COVID-19
country complained about governments’ had been registered in Brazilian prisons.
failure to provide sufficient PPE and safe Between March and May, there were some
working conditions, which many blamed for 90 riots in different prisons in the region
high levels of deaths and infections. El protesting the precarious conditions and
Salvador’s President vetoed Decree 620, increasing concern about COVID-19. In two
which aimed to guarantee health insurance of the worst incidents, 73 people died, 50 in
and biosafety equipment to health workers; Los Llanos in Venezuela and 23 in the
the Constitutional Chamber subsequently Modelo prison in Bogotá, Colombia.
declared the Decree constitutional. The Governments have a duty to guarantee the
Brazilian Association of Collective Health and right to health of people held in custody.
the Brazilian Society of Family and This means ensuring that preventive care,
Community Medicine criticized the lack of goods and services are available to
social protection for health workers’ families everybody. COVID-19 vaccine, treatment
and precarious employment contracts. and testing plans should be accessible,
Health workers in Mexico faced irregular inclusive and non-discriminatory. States
contracts and lack of sick pay and benefits. should consider factors that may heighten
Health workers who spoke out about an individual’s or a community’s risk to
inadequate health provision and working COVID-19 and pay attention to marginalized
conditions faced sanctions. In several groups and those with intersecting
Honduran hospitals, health workers were identities.
asked to sign confidentiality agreements
prohibiting them from speaking publicly
about their concerns. In Nicaragua, at least FREEDOM OF EXPRESSION
31 health workers were dismissed after The right to freedom of expression was under
expressing concerns about working threat in Bolivia, Brazil, Cuba, Mexico,
conditions, lack of PPE and the state Uruguay and Venezuela, sometimes because
response to the pandemic. Venezuelan of COVID-19 restrictions.
health workers who made critical public In Mexico, at least 19 journalists were
statements about the government’s response killed during the year. A letter signed by 650
to the pandemic faced short-term detention journalists and intellectuals accused the
and subsequent restrictions. President of actions harmful to the right to
freedom of expression. Information also
PRISON CONDITIONS emerged showing that the state news agency
Poor sanitary conditions and overcrowding was involved in a social media smear
were features of many of the region’s prisons, campaign, allegedly financed with public
including in Brazil, Chile, El Salvador, funds, against several journalists.
Nicaragua, Paraguay, Trinidad and Tobago In Brazil, between January 2019 and
and the USA. Inadequate state measures September 2020, members of the federal
denied prisoners their right to health and put government attacked journalists and their
them at risk of contracting and dying of work 449 times. In Venezuela, civil society
COVID-19. organizations reported that between January
Thousands of prisoners, including those and April 2020 there were more than 400
awaiting trial, were held in overcrowded and attacks on journalists and other media
insanitary conditions in Uruguay, which had workers, including intimidation, arbitrary
one of the highest incarceration rates in the detentions and physical assaults. Health
region. workers and journalists reporting on the
According to Brazil’s National Council of pandemic were also harassed, threatened
Justice, as of October, more than 39,000 and charged with inciting hatred.

28 Amnesty International Report 2020/21


Between March and July, Nicaragua’s allegedly for not wearing a mask. In Chile, the
Observatory of Aggressions on the government filed over 1,000 lawsuits against
Independent Press reported 351 attacks peaceful protesters using the State Security
including unjust prosecutions, arbitrary Law, which is not in line with international
detentions and harassment of media workers human rights law and can facilitate politically
and their families. motivated charges.
Governments should recognize the All governments should ensure that
important role journalists play in society protocols and practices are consistent with
and ensure that they are able to carry out international standards, including the UN
their work free of harassment and violence. Basic Principles on the Use of Force and
Firearms by Law Enforcement Officials.

EXCESSIVE USE OF FORCE


Excessive use of force by law enforcement ARBITRARY DETENTION
officials and the military was recorded in Cases of arbitrary detention were reported in
more than a dozen countries in the region. It the Dominican Republic, Guatemala, Mexico,
was often used to deny people their right to Nicaragua, Venezuela and at the US Naval
freedom of peaceful assembly, and Base in Guantánamo Bay. In some countries,
marginalized communities were arbitrary detentions were linked to measures
disproportionately targeted. adopted to curb the spread of COVID-19.
In Brazil, during the first six months of the The Venezuelan human rights organization
year, at least 3,181 people were killed by the Penal Forum reported that arbitrary,
police, an increase of 7.1% compared to the politically motivated detention increased after
same period in 2019. According to the the declaration of a state of emergency in
Brazilian Public Security Forum, 79.1% of March in response to the COVID-19
the people killed by the police were Black. pandemic. It recorded 413 arbitrary
Unlawful use of force by the police, detentions as of October. Venezuelans
military and armed groups against returning to the country were placed in
demonstrators was widespread in Venezuela. mandatory quarantine in state-run centres
The OHCHR reported that at least 1,324 from at least April onwards. By August,
people were killed in the country in the 90,000 people were officially reported to have
context of security operations between 1 passed through the centres known as
January and 31 May. Comprehensive Social Service Points.
In the USA, at least 1,000 people were In Mexico, police officers arbitrarily
killed in 2020 by police using firearms. detained at least 27 people during protests in
Between 26 May and 5 June alone 125 the city of Guadalajara in June. Protesters
separate incidents were documented, in 40 were abducted in unmarked vehicles and
states and Washington DC, of unlawful use of their whereabouts were unknown for several
force by the police against people protesting hours.
at unlawful killings of Black people. In the Dominican Republic, police carried
In other countries, there were also out an estimated 85,000 detentions between
examples of excessive or unnecessary use of 20 March and 30 June, for alleged non-
force in the context of the enforcement of compliance with the evening curfew imposed
COVID-19 lockdowns. In Argentina, police in response to the pandemic. Among those
were involved in physical attacks on detained were people on their way to buy
members of an Indigenous community food and other essentials. After Guatemala
during operations related to supposed introduced a mandatory curfew in March,
violations of COVID-19 restrictions. In Mexico, more than 40,000 people were detained,
a 30-year-old bricklayer was beaten to death including people working in the informal
by police after being detained in Jalisco state, economy.

Amnesty International Report 2020/21 29


In some countries the authorities placed based on less serious administrative
tens of thousands of people in state-run offences.
quarantine centres. These often fell well short In September, the independent UN Fact-
of minimum sanitary and physical distancing Finding Mission on Venezuela called for
standards to protect people from COVID-19. those suspected of criminal responsibility for
In El Salvador, more than 2,000 people were crimes against humanity to be held
detained in such centres for alleged violations accountable. The Mission investigated 53
of the mandatory quarantine imposed in extrajudicial executions and 5,094 killings by
March; some were held for up to 40 days. In members of the security forces. The Mission
Paraguay, some 8,000 people – mostly concluded: “these crimes were coordinated
Paraguayans returning from neighbouring and committed pursuant to State policies,
Brazil – were in mandatory quarantine as of with the knowledge or direct support of
late June. commanding officers and senior government
Governments in the region must not use the officials.”
pandemic as an excuse to justify excessive Governments must ensure redress and
use of force or arbitrary detention. reparation for victims of human rights
Repression is not protection. violations, carry out prompt and impartial
investigations and bring those bearing
criminal responsibility to justice in fair
IMPUNITY AND ACCESS TO trials to break the cycle of violations
JUSTICE fostered by impunity.

Impunity for human rights violations and


crimes under international law remained a VIOLENCE AGAINST
serious concern in several countries –
including Bolivia, Brazil, Chile, El Salvador,
WOMEN AND GIRLS
Guatemala and Venezuela – as did violations Across the region, COVID-19 confinement
relating to the past US secret detention measures led to a marked increase in
programme. violence against women, including domestic
Those responsible for human rights violence, rape, homicide and femicide.
violations during Bolivia’s post-election crisis One of the worst affected countries was
that began in October 2019 were not brought Mexico: in 2020, 3,752 killings of women
to justice. At least 35 people were killed and had been reported, 969 of which were
833 injured by the National Police and the investigated as femicides. Over the year,
armed forces who used excessive force to reports of incidents of violence against
repress demonstrations. An International women in the country were set to exceed the
Group of Independent Experts to investigate 197,693 reported in 2019.
these events, announced by the interim In Brazil, almost 120,000 cases of physical
government in January, was finally domestic violence were reported in the first
established in November. six months of the year. The femicide rate
Chile’s National Human Rights Institute increased in 14 out of 26 states between
expressed concern at the slow pace of March and May, with increases of between
investigations into human rights violations 100% and 400% in some states.
committed during mass protests in October In Colombia, according to the NGO No es
2019; formal charges against some of the Hora de Callar, 99 femicides were reported in
policemen involved were filed almost a year the first six months of 2020, including cases
after the incidents took place. Administrative in which women were impaled, set on fire,
investigations and sanctions by the Chilean sexually abused, tortured and dismembered.
National Police were ineffective and often In Argentina, emergency calls about
violence against women to helplines had

30 Amnesty International Report 2020/21


increased by over 18% compared to 2019, essential services during the pandemic. This
and there were at least 298 femicides was an indirect consequence of strained
according to civil society monitoring groups. health care systems, disruption in care and
In some countries, government leaders redirected resources to the pandemic.
downplayed violence against women and cut By August, Paraguay’s Ministry of Health
support programmes. In others, state actors had registered 339 births to girls aged
themselves perpetrated the violence. For between 10 and 14, and 9,382 births to
example, in the Dominican Republic, which adolescents aged 15 to 19. In June, Peru’s
has one of the highest rates of gender-based Ombudsperson’s Office highlighted cases
killings of women in the world, the authorities where emergency kits for victims of sexual
failed to implement a national protocol for violence were not being provided to girls and
investigating torture. This was despite women during the pandemic.
compelling evidence that the police routinely A bill to legalize abortion was approved by
raped, beat and humiliated women engaged the Argentinian Congress in December.
in sex work in actions that may amount to Despite some signs of progress, abortion
torture or other ill-treatment. remained criminalized in most countries in
Measures to protect women and girls were the region, posing a serious obstacle to the
inadequate throughout the region and cases right to health. In the Dominican Republic, El
of violence against women were not Salvador, Haiti, Honduras, Jamaica and
thoroughly investigated. For example, in its Nicaragua there was a total ban on abortion,
response to recommendations from the UN while in countries such as Brazil, Guatemala
Committee against Torture, the Canadian and Paraguay it was only permitted to save a
government failed to commit to ensure justice woman’s life. In El Salvador, 18 women
for survivors of forced and coerced remained in jail on charges related to
sterilization of Indigenous women and girls. obstetric emergencies.
In the USA, where gun shops were Governments must ensure access to sexual
classified as essential businesses during the and reproductive rights, including abortion,
pandemic, an exponential rise in purchases and repeal laws that criminalize the
of firearms increased the risks of gun procedure.
violence against women and children from
unsecured firearms in homes where people
were forced to quarantine with their abusers. RIGHTS OF LESBIAN, GAY,
The COVID-19 pandemic underscored and
intensified the global crisis of violence
BISEXUAL, TRANSGENDER
against women and girls. The voices of AND INTERSEX (LGBTI)
women and girls must be central to
governments’ post-COVID-19 recovery
PEOPLE
plans, which should prioritize eliminating LGBTI people were the targets of violence
gender-based violence and addressing its and killings in several countries in the region,
root causes. including Colombia, Honduras, Paraguay,
Puerto Rico and the USA. At least 287 trans
and gender-diverse people were killed in the
SEXUAL AND continent. The most deaths in a single
REPRODUCTIVE HEALTH country happened in Brazil.
COVID-19 also had an impact on LGBTI
AND RIGHTS people. As health systems focused on the
Many governments – including those of pandemic, other key services for LGBTI
Argentina, Chile, Paraguay, Peru, Uruguay people, such as mental health and sexual
and Venezuela – did not do enough to counselling, were harder to access. In many
prioritize sexual and reproductive health as countries, HIV testing has been suspended.

Amnesty International Report 2020/21 31


Despite some positive judicial rulings in groups challenging construction of the Trans
Bolivia and Chile, same-sex partnerships and Mountain pipeline.
marriage were not recognized in many Governments must ensure the right of
countries. Indigenous Peoples to free, prior and
Governments must ensure mechanisms to informed consent on all projects affecting
protect LGBTI people against all forms of their rights substantially.
violence and discrimination and include
their specific needs in measures to reduce
the socio-economic impact of the RIGHTS OF REFUGEES,
pandemic. ASYLUM-SEEKERS AND
MIGRANTS
RIGHTS OF INDIGENOUS Tens of thousands of people – mostly from
PEOPLES Cuba, El Salvador, Honduras and Venezuela
– continued to flee violence, poverty and
Indigenous Peoples in the Americas were inequality.
heavily affected by the COVID-19 pandemic As part of COVID-19 border control
because of inadequate access to clean water, measures, some governments, including
sanitation, health services and social Canada, Peru and the USA, prohibited the
benefits, as well as a lack of culturally entry of refugees, asylum-seekers and
appropriate mechanisms to protect their migrants. Many countries, including
rights to health and livelihoods. This was Colombia, Guatemala, Mexico, Trinidad and
particularly acute in Argentina, Bolivia, Chile, Tobago, and the USA, forcibly returned
Colombia, Ecuador, Paraguay, Peru and people without proper consideration of their
Venezuela. refugee and asylum claims.
In many countries, governments failed to The US authorities halted all processing of
ensure the free, prior and informed consent asylum-seekers on the US-Mexico border
of Indigenous Peoples before allowing major and unlawfully detained and expelled nearly
extractive, agricultural and infrastructure 330,000 migrants and asylum-seekers
projects affecting them to proceed. In between March and September, including
Argentina, concerns remained over projects approximately 13,000 unaccompanied
for possible lithium extraction on Indigenous children. In Mexico, migrants, refugees, and
Peoples’ lands without the consent of asylum-seekers continued to be subject to
affected communities. In several countries excessive use of force and arbitrary detention
mining was declared an essential sector by the authorities, and abductions, assaults
during the pandemic, exposing Indigenous and killings by non-state actors. The Mexican
Peoples to contagion. authorities detained 87,260 migrants,
In Brazil, the rights of Indigenous Peoples including more than 11,000 children, and
and other traditional communities continued deported 53,891 people.
to be threatened by illegal mining, wildfires Refugees, asylum-seekers and migrants
and the seizure of land for illegal cattle detained in immigration centres in Mexico,
farming and agrobusiness. The National Trinidad and Tobago, and the USA were at
Institute for Space Research registered a high risk of contracting COVID-19 due to poor
9.5% increase in forest destruction in Brazil sanitary conditions and the impossibility of
between August 2019 and July 2020 physical distancing. For example, despite a
compared to the same period a year earlier. serious outbreak of COVID-19 in civil
In Canada, there was some progress in immigration detention facilities, US
recognizing the land rights of Indigenous Immigration and Customs Enforcement
Peoples. However, Canada’s Federal Court of refused to release detainees, over 8,000 of
Appeal dismissed an appeal by Indigenous whom contracted the virus in detention.

32 Amnesty International Report 2020/21


Governments should release all people held affecting at least 5.2 million people.
in detention solely for immigration purposes Argentina, Brazil’s western border areas and
and ensure refugees and asylum-seekers are Paraguay were hit by severe drought causing
protected in accordance with international vast agricultural losses. The USA recorded
law. the largest wildfires ever, as a result of
widespread drought and extreme heat.
However, action on climate change
HUMAN RIGHTS remained limited. Although Chile was the first
DEFENDERS country in the region, and one of the first in
the world, to submit a 2030 emission
The Americas remained one of the world’s reduction target, major wealthy emitters failed
most dangerous regions to defend human to follow suit. The Canadian government
rights. tabled a bill to achieve carbon neutrality by
Human rights defenders were killed in 2050, but NGOs indicated that it failed to
Brazil, Colombia, Mexico, Peru and demonstrate it was taking all feasible steps to
Venezuela. A 2020 report by the NGO Global reach zero carbon emissions before this
Witness described Colombia as the world’s period.
most lethal country for environmental and Argentina submitted an improved but still
human rights workers. By August, the insufficient emission reduction target for
OHCHR had documented 97 killings of 2030 and in early 2020 the government tried
human rights defenders and verified 45 to amend the Native Forest Protection Act, a
homicides in the country. potentially backward step. Brazil significantly
Human rights defenders and journalists weakened its climate ambition target and its
were also subjected to attacks, threats, international commitments to stop illegal
prosecutions, arbitrary detention and deforestation and restore forests.
unlawful surveillance in Bolivia, Brazil, In an important sign of progress, the
Colombia, Cuba, Ecuador, El Salvador, Escazú Agreement was finally due to enter
Guatemala, Honduras, Mexico, Nicaragua, into force. However, several governments,
Peru, the USA and Venezuela. including those of Bolivia, Ecuador, El
In Venezuela, the Centre for Defenders Salvador, Guatemala, Honduras, Nicaragua
and Justice reported that, as of June, there and Paraguay, had yet to adopt policies and
had been more than 100 attacks against protocols to protect human rights defenders
women human rights defenders, including working on environmental issues.
criminalization, harassment, digital attacks Governments must urgently adopt and
and arbitrary detention. implement emission reduction targets and
Governments must create a safe strategies that protect human rights from
environment for human rights defenders. the climate crisis and ensure a just and
They must ensure that protection measures human rights-consistent transition to a zero-
are comprehensive, including aspects of carbon economy and resilient society. They
individual and collective protection, taking should also ratify and implement the
into account the intersectional dimensions Escazú Agreement.
of violations and the particular needs of
women human rights defenders.

CLIMATE CRISIS
A range of climate-related impacts continued
to undermine human rights in the Americas.
Central America experienced unprecedented
back-to-back hurricanes in November,

Amnesty International Report 2020/21 33


demanding political reforms. As the year
progressed, however, people in India,
ASIA- Thailand and Hong Kong in particular took to
the streets to oppose government oppression.
PACIFIC REGIONAL Police used excessive and unnecessary force
to disperse these public assemblies.
OVERVIEW Many governments also further responded
to the COVID-19 pandemic by adopting or
weaponizing repressive national security or
The onslaught of the COVID-19 pandemic counter-terrorism laws. These laws
exacerbated the human rights situation in consolidated the power that some of the
the Asia-Pacific region. It was the first governments in this region already wielded.
region affected by the COVID-19 pandemic In India, peaceful dissent was punished and
as the first cases were reported in the restrictions on communications and key
Chinese city of Wuhan in December 2019. freedoms in Jammu and Kashmir continued;
When Chinese authorities reprimanded journalists and human rights defenders were
health workers who had raised warnings questioned for allegedly “anti-national”
about a new virus, it sparked calls for activities.
transparency not only from people in China, While the Asia-Pacific region suffered
but also from other countries in the region. fewer deaths than other parts of the world,
It was the first of many moments the pandemic was economically devastating
throughout the year when governments and further deepened pre-existing social
seized on the pandemic as a pretext to divides. It disproportionately affected already
muzzle critical voices and unduly limit the disadvantaged groups such as migrant
right to freedom of expression, including workers, refugees, people living in poverty,
the right to receive and impart information ethnic and religious minority groups, and
on COVID-19. incarcerated people.
Many governments in the region enacted The policies developed and imposed by
laws and measures to punish the spreading many governments to address the spread of
of “misinformation” or “false information” COVID-19 reflected existing patriarchal
about COVID-19. In countries where norms that discriminate against women. The
authorities had a history of routinely abusing lockdowns also contributed to a sharp
their powers, these laws were used to increase in the number of cases of sexual
intensify existing crackdowns especially on and gender-based violence against women
the freedoms of expression, association and and girls, and governments in the region did
peaceful assembly. Open debate and not provide adequate resources to address
criticism of government responses to the this issue.
pandemic were severely restricted. Religious and ethnic minorities were
Governments across the region subjected attacked across the region. The Chinese
many human rights defenders, journalists, authorities pressed on with their systematic
lawyers and members of the political repression of Uyghurs and other Turkic
opposition to attacks, including harassment, Muslims in the Xinjiang region. Muslims
intimidation, threats, violence and arbitrary came under attack in India and were
arrests for their legitimate expression of demonized during the pandemic and denied
dissent and criticism of government actions. medical access. The Myanmar military
To prevent the further spread of COVID-19, continued to elude accountability for its
various degrees of lockdown and other crimes against the Rohingya. In Afghanistan
limitations on movement were put in place by and Pakistan, members of the minority
governments. Public assemblies were often communities were killed by armed groups.
not allowed, greatly restricting protests

34 Amnesty International Report 2020/21


The Asia-Pacific region was swept by the police warned that legal action would be
natural disasters related to climate change. taken against people publishing posts on
Countries in the region responsible for high social media that were critical of the
percentages of global greenhouse gas government’s COVID-19 response. Several
emissions failed to set adequate reduction social media commentators were arrested
targets that would contribute to avoiding the following the announcement. In Bangladesh,
worst human rights impacts of climate nearly 1,000 people were charged under the
change. country’s Digital Security Act, while 353
people were detained. Among the first targets
were journalists Mohiuddin Sarker and Toufiq
FREEDOM OF EXPRESSION Imroz Khalidi, both editors of online portals.
Within days of the news of the COVID-19 The authorities arrested them in April for their
outbreak, authorities in several countries reports which alleged corruption in the use of
across the region tried to suppress funds designated for COVID-19 relief efforts.
information about it and punished those who In Pakistan, the Electronic Crimes Act was
criticized government actions. The Chinese repeatedly invoked to charge or arrest
authorities sought to control information journalists for critical comments made online,
about COVID-19, both online and offline. often accompanied by vicious and co-
Hundreds of keywords related to the virus ordinated online attacks.
were blocked and online protests demanding Journalists continued to face reprisals for
the right to receive and impart information on reporting news not favoured by the
COVID-19 were deleted. Doctor Li Wenliang, government. In Myanmar, following the
one of eight people who tried to spread designation of the ethnic minority armed
information about the new virus before the opposition group the Arakan Army as a
government disclosed the outbreak, was “terrorist organization”, at least three
reprimanded by the police after he messaged journalists were prosecuted under counter-
colleagues to wear PPE to avoid infection. He terrorism laws and the Unlawful Associations
subsequently died from the effects of Act for contacting the group. In Jammu and
COVID-19. Kashmir, the Indian police attacked or
Several other countries in the region summoned 18 journalists for their reporting
imposed similar restrictions on what could or and the offices of the Kashmir Times were
could not be said about COVID-19, often on sealed after its editor sued the government
the pretext of suppressing false or inaccurate over its shutdown of internet and telephone
information. In April, the Indonesian services in the region. In Nepal, the
authorities ordered the police to scour the government introduced several new bills that
internet and act against “hoax spreaders” threatened the right to freedom of expression,
and those who insulted the government. At online and offline. In Singapore, even as it
least 57 people were arrested. Journalists, was being challenged in court, the authorities
academics, students and activists were used the Protection from Online Falsehoods
subjected to intimidation online, including and Manipulation Act throughout the year to
threats of physical violence through text muzzle government critics and independent
messages. In India and Nepal, authorities media outlets. In the Philippines, journalists
arrested or charged dozens of individuals, Maria Ressa and Reynaldo Santos, were
many of them journalists, for allegedly convicted of “cyber libel” and lawmakers
spreading “misinformation” or “fake news” denied the renewal of the franchise of ABS-
about the pandemic. CBN, one of the country’s largest
Many individuals, including journalists, independent broadcasting networks.
who criticized government responses The right to freedom of expression, which
regarding the COVID-19 pandemic were includes the right to receive and impart
punished under draconian laws. In Sri Lanka, information, is especially critical during a

Amnesty International Report 2020/21 35


public health crisis. Governments must close its operations after Indian authorities
understand fully that access to credible, froze the organization’s bank accounts.
objective and evidence-based information During the year, the organization had
on the COVID-19 pandemic saves lives. The published reports on human rights violations
role of journalists and media in providing that occurred during and after the riots in
reliable information to the public during a Delhi in February where 53 people, mostly
public health crisis is vital. They also play Muslims, were killed and more than 500
an important role in calling attention to injured. The riots followed incendiary
matters of public interest and upholding speeches by government officials and
human rights. Rather than thwarting such lawmakers, but had not been effectively
efforts, governments must enable, promote investigated months later, including
and protect robust and independent media documented complicity and participation in
in the region. the riot by Delhi police. Amnesty International
India also released a report on Jammu and
Kashmir, documenting the violations that
HUMAN RIGHTS occurred there after the territory’s special
DEFENDERS status was revoked in August 2019.
In Malaysia and Afghanistan, human rights
Human rights defenders, including defenders who called attention to corrupt
journalists, lawyers and members of the practices of government authorities faced
political opposition continued to be attacked, serious challenges during the year. Cynthia
harassed, intimidated, threatened and killed Gabriel of the Center to Combat Corruption
for their legitimate support for human rights, and Cronyism, together with other human
expression of dissent and criticism of rights defenders Thomas Fann and Sevan
government actions and corruption. Doraisamy, were investigated by Malaysian
In China, human rights defenders and authorities for raising corruption scandals
activists were subjected to harassment, linked to public officials. Human rights
intimidation, enforced disappearances, defenders who made allegations of corruption
torture and other ill-treatment, and arbitrary against officials in Helmand province in
and incommunicado detention. They were Afghanistan were hospitalized for injuries
also often charged with vaguely worded they suffered after government officials had
offences such as “leaking state secrets”. assaulted them. Also, human rights
Their trials were routinely held in secret and defenders, activists, journalists and moderate
they were deprived of their right to access religious authorities were subjected
legal counsel. Many lawyers of these human to targeted attacks and assassinations by
rights defenders were denied their right to armed groups in particular.
freedom of movement and were unable to Governments used counter-terrorism
meet with their clients and access case measures against human rights defenders or
materials. labelled them as “terrorists” in countries
During the year, many governments in the including the Philippines and India.
region attempted to undermine the Philippine authorities continued the practice
operations of human rights NGOs to prevent of “red-tagging” human rights defenders and
human rights defenders from continuing to activists as “terrorists” or sympathizers of
expose human rights violations. Cambodian armed communist groups. In August, Randall
authorities used the repressive Law on Echanis and Zara Alvarez were killed within a
Associations and NGOs (LANGO) to week of each other in different cities. They
designate as illegal groups of human rights had both been “tagged” as “terrorists” by the
defenders exposing practices that caused government for their activism and human
environmental degradation. In September, rights work. During the year India’s National
Amnesty International India was forced to Investigation Agency (NIA), the country’s

36 Amnesty International Report 2020/21


main counter-terrorism agency, arrested chronic illnesses compounded the situation
several human rights defenders and raided of those infected with COVID-19.
their homes and offices. Among those The anti-drug campaigns which
arrested were seven human rights defenders emphasized criminalization and the practice
who worked with marginalized groups and of arbitrarily detaining without charge people
nine students who protested peacefully who used drugs continued in Cambodia and
against the discriminatory Citizenship the Philippines, which led to excessively
(Amendment) Act. The NIA also raided the overcrowded prisons that continued to violate
offices and homes of Kashmiri defender detainees’ right to health. In the Philippines,
Khurram Parvez and three of his associates. the Supreme Court ordered the release of
As the conflict in Afghanistan entered its over 80,000 prisoners to prevent the spread
twentieth year, human rights defenders were of COVID-19 in prisons. In Cambodia, the
also wounded and killed by unknown authorities revealed plans to reduce prison
gunmen thought to belong to armed groups, overcrowding, but implementation was
including two staff members of the Afghan limited.
Independent Human Rights Commission, In Malaysia, the authorities conducted
who were killed in an attack on their car in immigration raids in areas with high migrant-
Kabul. In December, President Ghani created worker populations and arrested and
a joint commission for the protection of detained many migrants and refugees. A
human rights defenders. This was viewed by COVID-19 outbreak hit immigration detention
human rights organizations as a first centres, and over 600 people were infected.
significant move forward. However, it Governments must ensure access to health
appeared to be the only development in the facilities and services without
region that promised to address the discrimination.
systematic patterns of violations against
human rights defenders.
In Sri Lanka, the new government DISCRIMINATION -
continued to crack down on human rights
defenders, including activists, journalists, law
ATTACKS ON ETHNIC AND
enforcement officers and lawyers. RELIGIOUS MINORITIES
Governments must effectively address acts Across the region, ethnic and religious
of violence against human rights defenders minorities continued to experience
and perpetrators of these acts must be held discrimination, violence and other forms of
accountable. It is crucial that human rights persecution at the hands of authorities.
defenders are able to do their work free of In January, the International Court of
fear of punishment, reprisal or intimidation Justice ordered the government of Myanmar
so that everyone can effectively enjoy all to prevent genocidal acts against the
human rights. Rohingya. The Myanmar authorities failed to
ensure accountability for the military
operations in Rakhine State during 2017,
RIGHT TO HEALTH which caused over 700,000 Rohingyas to flee
The COVID-19 pandemic highlighted and to Bangladesh. In the context of counter-
exacerbated gaps in equal access to health insurgency operations, the security forces
care and pre-existing social divides in the continued to commit human rights violations
region. In North Korea, the lack of medical and violations of international humanitarian
supplies prompted the emerging middle class law against other ethnic minority groups in
to secure medicines or health services in the Rakhine, Chin, Kachin and Shan States.
so-called “grey markets”. In Papua New In China, authorities justified their
Guinea, high rates of poverty and other discrimination and persecution of Tibetans
and of Uyghurs and other Turkic Muslim

Amnesty International Report 2020/21 37


peoples in the region of Xinjiang on the Tablighi Jamaat, was accused of spreading
grounds of countering “separatism”, the virus at a public gathering, many Muslims
“extremism” and “terrorism”. The Chinese were denied access to medical services and
authorities continued to subject Uyghurs and essential commodities. On social media,
other Turkic Muslims to arbitrary detention there were calls to boycott Muslim
without trial, political indoctrination, and businesses. In Sri Lanka, the authorities
forced cultural assimilation. They tightened prevented Muslims from burying people who
restrictions on access to Xinjiang and had died as a result of COVID-19 according
continued to establish mass internment to religious rites and forcibly cremated the
camps throughout the year. bodies instead. The Sri Lankan government
Iminjan Seydin, who had disappeared for reportedly racially profiled the country’s
three years, appeared in May and praised Muslim community by identifying it as a
Chinese authorities in an apparently coerced source of higher risk during the pandemic.
testimony. Mahira Yacub, a Uyghur who In Afghanistan, at least 25 people were
worked for an insurance company, was killed when the armed group calling itself
charged with “giving material support to “Islamic State” attacked one of the few Sikh
terrorist activity” for sending money to her temples in the country. The country’s mainly
parents in Australia to help them buy a Shi’a Hazara community also suffered many
house. Nagyz Muhammed, a Kazakh writer attacks from armed groups, including an
who has been detained since March 2018, October bombing of a school that killed 30
was convicted in secret for “separatism” for a people, mostly children, in Kabul.
dinner he had with friends on Kazakhstan In Pakistan, the Ahmadiyya community
Independence Day nearly a decade ago. was subjected to attacks, social and
Uyghurs also faced pressure outside of economic boycotts and at least five targeted
China. Chinese embassies and agents killings. During the Muslim holy month of
continued to harass and intimidate people Muharram, hate preachers incited violence
who had left the country and gone into exile. against the country’s Shi’a minority as nearly
Chinese security agents harassed Uyghurs 40 blasphemy cases were filed against Shi’a
abroad through messaging apps, demanding clerics. In July, bowing to pressure from
their ID numbers, locations of residence and politicians, some media outlets and clerics,
other details. Some received phone calls from the Pakistani authorities halted the
the Chinese security police, asking them to construction of a Hindu temple in the capital,
spy on Uyghur diaspora communities. Islamabad, denying the community its right
In Inner Mongolia, protests erupted over a to freedom of religion and belief. The
new language policy for schools that would Pakistani government failed to take effective
change the teaching medium for some action against the forced conversions to Islam
classes from Mongolian to Mandarin Chinese. of women and girls from Hindu and Christian
Hundreds of people who protested – communities.
students, parents, teachers, pregnant Governments must ensure that the human
women, children – were reportedly arrested rights of ethnic and religious minorities are
for “picking quarrels and provoking trouble”. protected. Moreover, they must facilitate
Hu Baolong, a human rights lawyer who equal access to health care for all minority
spoke out during the protests, was reportedly groups and take steps to end systemic
arrested on charges of “leaking state secrets discrimination against them.
overseas”.
In some countries, ethnic and religious
minority groups suffered the brunt of the WOMEN AND GIRLS
impact of the COVID-19 pandemic. India’s The COVID-19 pandemic highlighted and
Muslims were among those who were further exacerbated the existing inequalities between
marginalized. After a Muslim group, the men and women in the region. Government

38 Amnesty International Report 2020/21


responses to the pandemic reflected demeaning statements about women. In
patriarchal norms and gender stereotypes South Korea, the pervasiveness of online
that undervalue women. violence against women and girls became
In the informal sector, where women were increasingly apparent with the arrests of the
typically paid less than men, thousands of perpetrators of digital sex crimes, who had
women were suddenly deprived of their blackmailed more than 70 women and girls
livelihoods and forced to assume additional into sharing sexually exploitative videos and
care responsibilities at home, such as photographs that the perpetrators then
homeschooling children or caring for sick circulated through messaging apps.
relatives. In previous years, women across In Cambodia, Prime Minister Hun Sen led
the Asia-Pacific region carried out more than a public attack on women’s right to freedom
four times as much unpaid work at home of expression, invoking arbitrary notions of
than men. Those numbers rose sharply “tradition” and “culture” to justify the policing
during the pandemic. of women’s bodies and choices. In January,
Women also constituted the majority of he ordered the police to take action against
essential workers during the pandemic, women advertising products on Facebook in
including doctors, nurses, sanitation workers purportedly “revealing” clothes. Within days,
and other roles. In Pakistan, when violence a Facebook vendor was arrested and charged
against health workers erupted in May, a with producing “pornography” for the clothes
group of women health workers were forced she wore. The assault on women’s rights in
to lock themselves in a room for their own Cambodia intensified in June, when the
protection as disgruntled relatives of patients government sought to turn these penalties
vandalized the hospital they were working in. into law, criminalizing the wearing of clothes
Migrant domestic workers in the Gulf, who that were deemed “too short” or “too see-
overwhelmingly come from the Asia-Pacific through”. The draft law triggered online
region, lost their jobs and were forced to protests from many women and girls.
return home at the onset of the pandemic. In Violence against women and impunity for
most of the national financial stimulus these crimes persisted in several countries.
packages in the region, there was no special In Papua New Guinea, allegations of sorcery
provision for the needs of these women, put women at a heightened risk of violence.
including social protections. In Afghanistan, women continued to face
Many governments in the region did not discrimination and gender-based violence,
classify services for women as essential and especially in Taliban-controlled areas, where
that could continue during lockdowns, violent “punishments” were meted out for
including those that are aimed to support or perceived transgressions of the armed
assist women experiencing sexual or gender- group’s interpretations of Islamic law. Over
based violence. Women and girls who had 100 murder cases related to violence against
already been living with abusive partners or women were reported in Afghanistan during
family members were at further risk of the year, and these highlighted the persistent
violence. The number of cases of domestic failure of the government to investigate these
violence and intimate partner violence rose murders or tackle violence against women
sharply across the region. In Japan, there effectively. In Fiji, a former rugby captain
were 13,000 cases reported in April alone – a convicted of rape and sentenced to eight
29% increase on the same month in 2019. years’ imprisonment was allowed to resume
Women continued to be subjected to training after serving less than a year of his
vicious misogynistic attacks. In Indonesia, the sentence.
targets of digital attacks included feminist In Pakistan, an annual march on
news outlets. One journalist’s account was International Women’s Day came under
hacked, and she was harassed by attackers sustained attack, first from the courts, when
who sent pornographic pictures and there was an attempt to ban the march, and

Amnesty International Report 2020/21 39


then on the day, when a religious group policy and budgetary decision-making
attacked marchers in Islamabad with rocks. processes in developing the post-pandemic
The police failed to protect the protesters. In response and recovery plans of governments
September, the gang rape of a woman on a in the region.
national highway sparked national outrage,
with calls for the resignation of the top
provincial police officer and harsher FAILURE TO PREVENT
punishments for rapists. In December, the
government passed an ordinance that sought
CLIMATE CHANGE
to speed up trials for rape and punish The Asia-Pacific region is particularly
perpetrators with forced chemical castration. vulnerable to the effects of the climate crisis.
Amnesty International expressed its concern In 2020, a series of climate shocks affected
that forced chemical castration violates human rights in the region. India was
Pakistan’s international and constitutional severely hit by super-typhoon Amphan, while
obligations to prohibit torture and other cruel, Bangladesh, Nepal and Myanmar suffered
inhuman, or degrading treatment. widespread flooding that left
In India and Nepal, the rapes of Dalit millions displaced. Australia
women sparked fury. In May, a 12-year-old experienced unprecedented bushfires which
Dalit girl was forcibly married to her alleged caused displacement and air pollution.
rapist, a man from a dominant caste, in Despite the severity of the impacts,
Nepal’s Rupandehi district. In September, countries in the region most responsible for
another 12-year-old Dalit girl was raped and global emissions failed to set adequate
killed in Bajhang district, allegedly by a man reduction targets that would contribute to
who had evaded prosecution for another rape avoiding the worst human rights impacts of
of a 14-year-old girl a month before. Also in climate change. Australia, which became the
September, a Dalit woman was raped and largest fossil fuel exporter in the world, failed
murdered by a group of men from the to set a more ambitious emission reduction
dominant caste in Hathras, in India’s Uttar target for 2030 or commit to reach net-zero
Pradesh state. Her body was cremated by the emission in the long-term. While Japan and
police without the consent of the family. The South Korea announced carbon neutrality
accused men were only arrested after targets for 2050 – and China for 2060 – they
protests erupted across the country failed to demonstrate that they were taking all
demanding justice and accountability. feasible steps to reach zero carbon emissions
To address the various problems of before this date as they are required to do in
violence against women, steps were taken in order to refrain from causing significant harm
South Korea, where the government passed to the human rights of people in and outside
laws to enhance the protection of women and of their countries.
girls from sexual exploitation and abuse. The Governments must urgently adopt and
National Assembly increased punishments implement emission reduction targets and
for digital sex crimes. The age of consent was strategies that protect human rights from
also raised from 13 to 16, without the climate crisis and ensure a just and
discrimination, and the statute of limitations human rights-consistent transition to a zero-
was removed for crimes involving the sexual carbon economy and resilient society.
exploitation of children.
In developing their post-pandemic response
and recovery, governments must give
priority to advancing gender equality and
eliminating gender-based violence and
harmful gender stereotypes. Women must
also be involved in all stages of legislative,

40 Amnesty International Report 2020/21


risk as they were forced to live in
overcrowded and unhealthy conditions.
EUROPE AND States failed to set targets to reduce
greenhouse gas emissions at a pace which
CENTRAL ASIA would avoid the worst human rights impacts
of the climate crisis. Attacks on the European
REGIONAL human rights framework continued. Arms
sales to Saudi Arabia and the United Arab
OVERVIEW Emirates persisted, despite the risk of human
rights violations in the Yemen conflict.

Government responses to COVID-19


threatened a wide range of rights in Europe RIGHTS TO HEALTH AND
and Central Asia and exposed the human
cost of social exclusion, inequality and state
SOCIAL SECURITY
overreach. Under-resourcing of health The Europe and Central Asia region was hit
systems and failure to provide adequate hard by the COVID-19 pandemic, with some
PPE exacerbated the death rates, workers 27 million cases and 585,000 deaths in the
faced barriers in accessing adequate social region by the year’s end, amounting to close
security, and public health measures to a third of the global total. Numbers may
disproportionately affected marginalized well have been higher due to under-reporting,
individuals and groups. Many governments which, in some cases, was deliberate as in
also used the pandemic as a smokescreen Turkmenistan. Government responses to the
for power grabs, clampdowns on freedoms pandemic varied dramatically, as did the
and a pretext to ignore human rights quality of health care and data collection.
obligations. This led to vastly differing reported rates of
In a number of countries, governments infection and death.
continued to erode the independence of the Infections and deaths also varied widely
judiciary. Contested presidential elections in across different groups of the population.
Belarus provoked a human rights emergency According to the WHO, up to half of those
in which all semblance to the right to a fair who died due to COVID-19 in some countries
trial and accountability was eroded. were older people in long-term care homes.
Unresolved conflicts in the region negatively Health care workers and care home workers
affected freedom of movement and rights were infected and died at a greater rate than
such as to health. Armed conflict between the rest of the population, sometimes owing
Armenia and Azerbaijan saw all sides use to a failure to provide adequate and sufficient
banned cluster munitions on civilian areas, PPE. As of September, as per available data,
and commit war crimes. the highest rate of death among health
The space for human rights defenders workers was in the UK, Russia, Italy,
shrank, through restrictive laws and a Kyrgyzstan, and Spain. The pandemic
pandemic-related reduction in funding. highlighted the weakened state of many
Support organizations reported spikes in western European health care systems after
domestic violence during COVID-19 years of austerity measures, and the chronic
lockdowns, while such measures limited under-resourcing of health systems in eastern
access to services. Europe and Central Asia.
The pandemic also worsened the already COVID-19–related lockdown measures had
precarious situation of refugees and an immediate impact on the economy and
migrants. Several countries delayed or workers’ rights. Many workers, especially
suspended asylum requests, and many those in informal employment, experienced
refugees and migrants were particularly at barriers to accessing social security schemes,

Amnesty International Report 2020/21 41


including furlough, sick leave and other lockdown measures and the wearing of
income-supporting mechanisms. Particularly masks, but the human toll of the virus
affected were gig workers, seasonal workers, underlined the importance of science and
cleaners, care home workers, and sex facts. President Alyaksandr Lukashenka in
workers. The pandemic revealed the Belarus, for example, defied both when he
essential role of migrant workers in the dismissed COVID-19 as a “psychosis”.
agricultural and other sectors, as some A record number of countries (10 at mid-
governments such as the UK and Germany year) derogated from provisions of the
flew them in at the peak of the first lockdown, European Convention on Human Rights,
and others such as Spain, Italy and Portugal several for extended periods of time. While
quickly regularized some. under certain conditions countries can
In many countries, people of colour and derogate from some of their human rights
ethnic minority origin had disproportionately obligations in times of crisis, restrictions must
high rates of infection and death. This be temporary, necessary and proportionate.
reflected multiple challenges faced by these The enforcement of lockdowns and other
populations, including barriers to adequate COVID-19 related public health measures
health care and a higher incidence of disproportionately hit marginalized individuals
underlying health conditions, exacerbated by and groups who were targeted with violence,
poverty, systemic racism and discrimination. discriminatory identity checks, forced
Authorities generally failed to fulfil early quarantines and fines. Such practices
promises to release older prisoners and highlighted institutional racism,
detainees or juveniles, women with children discrimination and the lack of accountability
or those with underlying health conditions. A regarding allegations of unlawful use of force
tragic consequence was the death on 25 July by law enforcement officials. Roma and
– reportedly of pneumonia – of Kyrgyzstani people on the move, such as refugees and
human rights defender and prisoner of asylum-seekers, were placed under
conscience Azimjan Askarov. He had been discriminatory “forced quarantines” in
sentenced to life imprisonment in 2010 on Bulgaria, Cyprus, France, Greece, Hungary,
false charges and repeated calls had been Russia, Serbia, and Slovakia. Monitors
made for his release including due to the recorded the unlawful use of force by law
COVID-19 risk to his health. enforcement officials together with other
Governments must investigate the violations in Belgium, France, Georgia,
disproportionate deaths in settings such as Greece, Italy, Kazakhstan, Kyrgyzstan,
care homes, and failures to provide Poland, Romania and Spain. In Azerbaijan,
adequate PPE. Equal access to vaccines arrests on politically motivated charges
within and across countries is also urgent, intensified under the pretext of containing the
and co-operation between states imperative, pandemic, and government critics were
to ensure that treatment and vaccines are arrested, when in March the President
acceptable, affordable, accessible and declared he would “isolate” and “clear” the
available to all. opposition.
In contexts where freedoms were already
severely circumscribed, 2020 saw several
STATE OVERREACH countries restricting them even further.
Close to one half of all countries in the region Russian authorities moved beyond
imposed states of emergency related to organizations, stigmatizing individuals also as
COVID-19. Governments restricted not only “foreign agents” and clamped down further
freedom of movement, but also other rights on single person pickets. The authorities in
such as freedoms of expression and peaceful Kazakhstan and Uzbekistan adopted or
assembly. Some political movements sought proposed new restrictive laws on assemblies.
to hijack human rights discourse in opposing When allegations of election fraud prompted

42 Amnesty International Report 2020/21


mass protests, police in Belarus responded use of predictive technologies at the expense
with massive and unprecedented violence, of freedom of expression and the right to
torture and other ill-treatment. Independent privacy, fair trial and non-discrimination.
voices were brutally suppressed as arbitrary Governments must cease using the
arrests, politically motivated prosecutions and pandemic as a pretext to crack down on
other reprisals escalated against opposition dissent, rein in police overreach, ensure
candidates and their supporters, political and accountability for misconduct, and stop the
civil society activists and independent media. slide into surveillance states.
While the need for timely, accurate,
science-based information was urgent to
combat the pandemic, a number of UNDERMINING JUDICIAL
governments imposed unjustified restrictions
on freedom of expression and access to
INDEPENDENCE
information. Governments misused existing In a number of countries, governments
and new legislation to curtail freedom of continued to take steps that eroded the
expression in Armenia, Azerbaijan, Belarus, independence of the judiciary. One common
Bosnia and Herzegovina, France, Hungary, measure was to discipline judges or interfere
Kazakhstan, Poland, Romania, Russia, with their appointment or the security of their
Serbia, Tajikistan, Turkey, Turkmenistan and tenure, for demonstrating independence,
Uzbekistan. criticizing the authorities, or passing
Governments took insufficient measures to judgments that went against the wishes of the
protect journalists and whistle-blowers, government.
including health workers, at times targeting In Poland, Parliament adopted a new law
those who criticized government responses to prohibiting judges from questioning the
COVID-19. This was the case in Albania, credentials of judges appointed by the
Armenia, Belarus, Bosnia and Herzegovina, President at the Disciplinary Chamber of the
Hungary, Kazakhstan, Kosovo, Poland, Supreme Court. The state initiated
Russia, Serbia, Turkey, Ukraine and disciplinary proceedings in August against
Uzbekistan. In Tajikistan and Turkmenistan, 1,278 judges who had asked the OSCE to
medical and essential workers did not dare monitor the presidential election. Despite an
speak out against already egregious freedom April decision by the Court of Justice of the
of expression restrictions. In Turkey, the EU (CJEU) requiring the Polish government
government orchestrated troll armies and to immediately suspend its new system of
imposed online restrictions and mis- disciplinary proceedings against judges, the
navigations to distract from certain websites, authorities refused to implement this ruling.
accounts and inconvenient information. In Hungary, senior members of the
Some governments conflated the public government contested final judgments in
health crisis with national security concerns, official government communications and in
such as in Hungary. In France and Turkey, the media, delaying their execution. In
for example, national security legislation was Turkey, the Council of Judges and
rushed through in expedited proceedings, Prosecutors initiated disciplinary proceedings
while governments in Russia and elsewhere against the three judges who acquitted the
bolstered surveillance capabilities, hoarded Gezi trial defendants, following the
and sometimes disclosed personal data, President’s criticism of the acquittal decision.
posing a long-term threat to privacy and other The authorities in Turkey also undermined
rights. The EU’s Counter-Terrorism Agenda, fair trial guarantees by taking steps to control
launched in December, promised to harness bar associations and targeting lawyers for
the power of technology to keep people safe their professional activities. In July,
from violent attacks. But the Agenda would Parliament passed a law changing the
vastly expand surveillance capacity and the structure of the bar associations, weakening

Amnesty International Report 2020/21 43


their ability to voice concerns about issues affecting medical provisions to the local
such as the lack of independence of the population. In Ukraine both government
judiciary and human rights. In September, 47 forces and those of Russian-backed
lawyers were detained by police on suspicion separatists in the east of the country imposed
of “membership of a terrorist organization”, restrictions on travel across the contact line,
based solely on their work. Also, in often appearing as reciprocal measures, with
September, the Court of Cassation upheld the the number of crossings dropping from a
prison sentences of 14 lawyers prosecuted monthly average of one million to tens of
under terrorism-related charges. thousands by October. These and COVID-19
In Russia and in much of Eastern Europe restrictions meant that scores of people
and Central Asia, violations of the right to a suffered family separation, and lack of access
fair trial remained widespread and the to health care, pensions and workplaces.
authorities cited the pandemic to deny Older people and vulnerable groups were
detainees meetings with lawyers and prohibit among those most severely affected.
public observation of trials. During Belarus’ The most serious clashes were in
human rights emergency all semblance of September when heavy fighting erupted
adherence to the right to a fair trial and between Azerbaijan and Armenia and
accountability was eroded: not only were Armenian-supported forces in Azerbaijan’s
killings and torture of peaceful protesters not breakaway region of Nagorno-Karabakh.
investigated, but authorities made every effort More than 5,000 deaths resulted. All sides
to halt or obstruct attempts by victims of used heavy explosive weapons with wide-area
violations to file complaints against effects in densely populated civilian areas,
perpetrators. including ballistic missiles and notoriously
Governments must ensure respect for the inaccurate rocket artillery salvos. These
rule of law, protect the independence of the caused civilian deaths, injuries and
judiciary and uphold fair trial guarantees. widespread damage to civilian areas. Cluster
munitions banned under international
humanitarian law were deployed on
HUMAN RIGHTS IN Stepanakert/Khankendi, the capital of
CONFLICT ZONES Nagorno-Karabakh, and on Barda city in an
area under Azerbaijan government control.
Conflicts in countries of the former Soviet Both Azerbaijani and Armenian forces
Union continued to hold back human committed war crimes including extrajudicial
development and regional co-operation, and execution, torture of captives and desecration
lines of contact along unrecognized territories of corpses of opposing forces.
constrained the rights of residents on both All parties to the conflicts must fully
sides. respect international humanitarian law and
In Georgia, Russia and the breakaway protect civilians from the effects of
territories of Abkhazia and South Ossetia/ hostilities. Any restrictions on freedom of
Tskhinvali Region continued to restrict movement should be strictly necessary,
freedom of movement with the rest of the dictated by genuine security and military
county, including through the further considerations, and proportionate.
installation of physical barriers. Crossing
points shut in 2019 remained closed, and at
least 10 residents were said to have died HUMAN RIGHTS
after being refused permission for medical
transfer to the rest of Georgia. In Moldova,
DEFENDERS
the de facto authorities in the unrecognized Some governments further limited the space
Transdniestria region introduced restrictions for human rights defenders and NGOs
on travel from government-controlled territory, through restrictive laws and policies, and

44 Amnesty International Report 2020/21


stigmatizing rhetoric. This trend accelerated Governments must halt the stigmatization
during the pandemic, which thinned the of NGOs and human rights defenders and
ranks of civil society through financial ensure a safe and enabling environment in
attrition, as funding streams from individuals, which it is possible to defend and promote
foundations, businesses and governments human rights without fear of punishment,
dried up as a consequence of COVID-19- reprisal or intimidation.
related economic hardship.
Turkey continued to repress and harass
NGOs, human rights defenders and RIGHTS OF WOMEN AND
dissenting voices, while failing to implement a
key European Court of Human Rights
LESBIAN, GAY, BISEXUAL,
judgment calling for the immediate release of TRANSGENDER AND
unjustly detained civil society activist Osman
Kavala. The governments in Kazakhstan and
INTERSEX (LGBTI) PEOPLE
Russia continued moves to silence NGOs Progress on combating domestic violence
through smear campaigns, and tax stalled – and even reversed – in many
authorities in Kazakhstan threatened over a countries. The year saw no new signatures or
dozen human rights NGOs with suspension ratifications to the Council of Europe
based on alleged reporting violations around Convention on Preventing and Combating
foreign income. In Russia peaceful Violence against Women and Domestic
protesters, human rights defenders and civic Violence (the Istanbul Convention). On the
and political activists faced arrests and contrary, the Hungarian Parliament refused
prosecution. In Kyrgyzstan proposed to ratify it, while the Polish Minister of Justice
amendments to NGO legislation created announced plans to withdraw from the
onerous financial reporting requirements. Convention and Turkey’s President mooted
In the context of counter-terrorism, France the same idea.
and Austria moved to dissolve a number of As many women were confined in their
Muslim associations on the basis of homes with abusers under lockdown, support
problematic procedures. Restrictive new organizations in a number of countries
NGO legislation was mooted in Bulgaria, reported spikes in domestic violence, while
Greece, Poland, and Serbia, while accessing support services became more
governments in France, Italy, Malta and difficult. In Ukraine and many other countries
elsewhere continued to obstruct and in Eastern Europe and Central Asia, strict
sometimes criminalize the work of NGOs quarantine measures meant that many
involved in rescuing or providing survivors could not access free legal aid
humanitarian assistance to migrants and offered online as they continued to share
asylum-seekers. living space with their abuser or could not
In a positive development, the CJEU struck travel to shelters. Some governments in the
down a 2017 restrictive NGO law in Hungary EU took special steps to assist victims during
as being in breach of EU law. The year also the pandemic by renting hotel rooms instead
saw the strengthening of social movements of sending women to shelters where the risk
focussed on the environment, accountability, of infection was higher, or creating new
women’s rights and anti-racism. Protesters helplines. Some countries, including Croatia,
mobilized against contested election results Denmark, the Netherlands and Spain finally
in Belarus, corruption in Bulgaria and took steps to improve their rape laws to make
regressive moves by the new government in them consent-based.
Slovenia. Thousands challenged a Under lockdown, some jurisdictions
controversial security law proposed in France categorized abortion care as non-essential
and a ruling further restricting access to safe medical treatment, placing new obstacles to
abortion care in Poland. women’s sexual and reproductive health and

Amnesty International Report 2020/21 45


rights. While a legislative initiative to further countries delayed or suspended processing
restrict access to abortion care in Slovakia asylum requests. Many refugees and
narrowly failed, the Constitutional Tribunal in migrants were particularly at risk of COVID-19
Poland struck down a provision which as they lived in overcrowded, insalubrious
allowed women to terminate a pregnancy in detention facilities, camps, or squats. The
cases of fatal or severe foetal abnormality. most emblematic case was the Moria camp
This move prompted mass protests by on the Greek island of Lesvos, where a fire
women and allies in the country. Peaceful left 13,000 refugees and migrants without
protesters were met with police violence and shelter. Border closures deprived seasonal
faced administrative and criminal charges. workers and labour migrants of subsistence
Meanwhile, 11 women’s rights activists in and their families of remittances, including in
Greece were arrested and charged for Central Asia.
breaching public health rules after staging a Pushbacks and violence at land and sea
symbolic action against gender-based borders continued. In a cynical and
violence. dangerous move, Turkey instrumentalized
In several countries, religious and political refugees and migrants for political purposes
figures used COVID-19 as an excuse for by encouraging them to travel from Turkey to
engaging in advocacy of hatred against the Greece’s land border, sometimes even
LGBTI community, blaming them for the facilitating their transport. In turn, the Greek
pandemic. Monitors also reported COVID- authorities committed human rights violations
related spikes in domestic abuse against against people on the move, including
LGBTI people. Some countries used the excessive use of force, beatings, use of live
pandemic as a pretext to restrict access to ammunition, and pushbacks into Turkey.
hormone therapy and other medical Croatia continued forcible expulsions of
treatment for trans people. A number of local asylum-seekers, often accompanied with
governments in Poland declared themselves violence and abuse. Governments throughout
to be “LGBTI-free zones” and incumbent southern Europe prohibited ships in the
President Andrzej Duda engaged in advocacy Mediterranean from disembarking rescued
of hatred against the LGBTI community migrants and refugees, leaving them
during his campaign for re-election. At the stranded at sea for record periods of time. In
end of the year, the Hungarian government a clear attempt to circumvent legal
proposed a raft of legislation restricting LGBTI obligations against pushbacks, Italy, Malta
rights. In a related development, the and the EU continued to co-operate with
Romanian Parliament passed a law Libya, where disembarked migrants and
prohibiting the teaching of gender studies, refugees were subjected to serious human
which remained contested at the rights violations. The EU began to discuss a
Constitutional Tribunal at the year’s end. new migration pact which continued the EU’s
Governments must bolster support services main policy thrust of deterring migration
for women and LGBTI victims of domestic rather than managing it in a human rights
violence, remove obstacles to accessing compliant manner.
sexual and reproductive rights, and combat Governments must expand the provision of
discrimination against women and LGBTI safe and regular pathways of migration,
people. particularly for persons in need of
protection to come to Europe, including
humanitarian visas, resettlement,
RIGHTS OF REFUGEES AND community sponsorship and family
MIGRANTS reunification.

COVID-19 worsened the already precarious


situation of refugees and migrants. Several

46 Amnesty International Report 2020/21


standards through businesses’ entire global
PREVENTION OF CLIMATE value chains. In November, while a majority
CHANGE AND CORPORATE of Swiss voters voted in favour of introducing
a similar law, the initiative failed as it did not
ACCOUNTABILITY receive the support of most cantons.
In December, the European Council decided Governments must accelerate inadequate
to cut greenhouse gas emissions by at least timetables to reduce greenhouse gas
55% by 2030. While an advance from its emissions, reach zero-carbon emissions and
previous, even more inadequate, pledge, this eliminate loopholes delaying climate action.
target would still fail to reduce emissions at a They should condition any economic
pace that avoids the worst human rights support measure to high-emitting
impacts of the climate crisis and would put companies with time-bound commitments
an excessive burden on developing countries. to phase out fossil fuels. EU legislators
At national level, the vast majority must ensure laws effectively hold
of European countries announcing net-zero businesses accountable for human rights
emission targets continued only to commit to and environmental harm within their value
reaching this by 2050. In order to refrain chain and provide victims with access to
from causing significant harm to rights of remedy.
people in and outside of Europe, they are
required to aim for carbon neutrality well
before this date. In addition, in most cases HUMAN RIGHTS AT HOME
net-zero plans included loopholes that could
delay climate action, together with measures
AND IN THE WORLD
that would be detrimental for the enjoyment Attacks on the European human rights
of human rights. Several countries, framework continued in 2020. In the OSCE,
such as France, Germany, Italy, Russia and states could not agree on the leadership of
the UK allowed fossil fuel companies, the the key human rights institutions and allowed
aviation industry and other carbon-polluting mandates to lapse for many months before
companies to benefit from economic stimulus approving replacements. Council of Europe
measures, such as tax rebates and loans, member states continued to delay the
without any conditions to reduce their carbon implementation or selectively implement
footprint. judgments of the European Court of Human
There was a significant increase in climate Rights. A striking indicator of backsliding was
litigation targeting governments and the growth in judgments finding a violation of
corporations, with major new cases being Article 18 of the European Convention on
filed in France (applying the recent ‘law of Human Rights, which prohibits using
vigilance’), Germany, Poland, Spain and restrictions on rights for any purpose other
the UK, among others, as well as a case than those prescribed by the Convention.
by six Portuguese children and young Member states such as Azerbaijan, Russia
adults to the European Court of Human and Turkey were found to have abusively
Rights targeting 33 member states. The Irish detained or prosecuted individuals or
Supreme Court required the government to otherwise restricted their rights. Article 18
adopt more ambitious emissions reductions violations should ring loud alarm bells: they
targets, whereas the Swiss Federal Court indicate political persecution.
rejected a similar claim. The EU continued to struggle to address
Following years of pressure from civil the ongoing erosion of the rule of law in
society and trade unions, the European Hungary and Poland, although it activated
Commission began the process of proceedings against the two states for risking
introducing a law obliging corporations to a serious breach of the union’s core values.
respect human rights and environmental At the year’s end, EU member states agreed

Amnesty International Report 2020/21 47


to link EU funding, including COVID-19
recovery and climate-related funds, to
compliance with the rule of law, but how this
linkage could be triggered in the future
remained unclear. Despite some important
human rights-related judgments of the CJEU
on the independence of the judiciary and
attacks on NGOs, the failure of the EU to
reverse or arrest the shrinking space for
NGOs and migration-related human rights
violations strained internal/external
coherence and made it more difficult for the
EU to engage credibly on human rights in
foreign policy.
In Eastern Europe and Central Asia, Russia
and China continued to wield political,
economic and sometimes military influence,
and undermined the international human
rights framework and the institutions
mandated to protect it. Russia offered
financial and media support to the Belarusian
authorities as they waged a full-fledged
violent assault on the population, and the EU,
UN and regional human rights institutions
were unable to muster political weight to halt
the egregious violations. In Western Europe,
Belgium, the Czech Republic, France and
the UK were among those permitting arms
sales to Saudi Arabia and the United Arab
Emirates, despite the high likelihood that
these arms would be used to commit human
rights violations in the conflict in Yemen.
Notwithstanding internal challenges, the
EU and its member states remained
important players in promoting human rights
worldwide. In 2020, the EU took significant
steps to boost its human rights policy,
including by adopting a new Human Rights
Action Plan.
States must fulfil the treaty obligations they
have chosen to take upon themselves and
respect the human rights architecture of
which they are a part. Where they have
undertaken to respect the decisions of
international human rights courts, they
must implement those rulings.

48 Amnesty International Report 2020/21


several countries displaced hundreds of
thousands of people from their homes.
MIDDLE EAST AND Workers across the region faced summary
dismissal or reduced wages as the
NORTH AFRICA pandemic’s economic impact caused
hardship. Migrant workers were particularly
REGIONAL vulnerable given that the kafala (sponsorship)
system ties their residency to employment in
OVERVIEW many countries. Domestic violence
increased, especially during national
lockdown periods, and “honour” killings
Governments across the region responded to continued with impunity.
the COVID-19 pandemic by declaring states Authorities heavily repressed the rights of
of emergency or passing legislation with lesbian, gay, bisexual, transgender and
excessive restrictions on freedom of intersex people, arresting them for their real
expression. People were prosecuted for their or perceived sexual orientation or gender
legitimate criticism of their governments’ identity and subjecting some men to forced
handed response to the pandemic. Health anal examinations.
workers protested a lack protection at work,
including inadequate protective gear and
access to testing, but faced arrest and RIGHT TO HEALTH
prosecution for raising concerns about Health workers in Tunisia and Morocco
conditions of work and public health. organized protests against the lack of
Governments discriminated in their adequate protection measures provided to
responses to the pandemic, including in them, citing insufficient PPE, access to
vaccine distribution. testing and failures to designate COVID-19 as
The region’s human rights defenders an occupational disease. In Egypt and Iran,
continued their work despite the high risk of health workers faced reprisals, including
imprisonment, prosecution, travel bans or arrests, threats and intimidation for voicing
other reprisals. Security forces used unlawful their concerns or other criticism of the
lethal or less-lethal force that killed or injured authorities’ response. The Egyptian
hundreds of people with impunity. authorities arrested at least nine workers who
Overcrowding and insanitary conditions put expressed safety concerns or criticized the
prisoners in the region at particular risk of government’s handling of the pandemic and
COVID-19, a situation that was exacerbated detained them pending investigations into
by inadequate health care and torture or “terrorism”-related charges and “spreading
other ill-treatment in prisons. false news”.
Parties to armed conflicts committed war The Syrian government failed to provide
crimes and other serious violations of adequate protective gear or access to testing
international humanitarian law. In the midst for health workers. In December, the Israeli
of the pandemic, the authorities restricted Health Ministry distributed COVID-19
humanitarian aid, exacerbating the poor state vaccines exclusively to citizens and residents
of health care systems which were already of Israel, including Palestinians living in
depleted. Other military powers fuelled illegally annexed East Jerusalem,
violations through illicit arms transfers and discriminating against the nearly 5 million
direct military support to combatants. Smaller Palestinians living under Israeli military
countries continued to host over 3 million occupation in the West Bank and Gaza in
refugees from Syria but a range of push violation of its obligation as occupying power
factors forced many Syrians to return. Military to ensure preventive measures to combat the
offensives and other fighting and insecurity in spread of epidemics. In southern Libya,

Amnesty International Report 2020/21 49


Tabus and Touaregs faced barriers in Lebanese authorities investigated dozens of
accessing adequate health care as rival journalists or activists who had taken part in
armed groups controlled access to major the October 2019 protest movement. In
hospitals and, in some cases, because they Tunisia, nine social media users faced
did not have identity documents. criminal investigation and, at times, brief
Authorities should ensure that the health periods of detention for publishing Facebook
care they provide, including preventive posts criticizing local authorities or the police.
vaccines, is delivered without Regional governments continued to censor
discrimination, that health care workers are the internet; the Egyptian and Palestinian
adequately protected and that any authorities blocked access to websites, and
restrictions on rights to combat the the Iranian authorities blocked social media
pandemic are necessary and proportionate. channels. Governments invested in expensive
digital surveillance equipment like that
produced by the NSO Group, an Israeli
FREEDOM OF EXPRESSION spyware company, to target human rights
Governments across the region used the defenders. Amnesty International
COVID-19 health crisis to justify further investigations revealed how the Moroccan
clampdowns on freedom of expression, authorities used the NSO Group’s notorious
thereby denying people the right to Pegasus software to target human rights
information on the virus or to debate defender and academic Maati Monjib and
government responses. The authorities in independent journalist Omar Radi, both of
Algeria, Jordan and Morocco issued decrees whom were arrested and faced prosecution
or legislation citing a state of emergency that on trumped-up charges. In July, a Tel Aviv
criminalized legitimate expression about the court rejected a case brought by Amnesty
pandemic. These were promptly International and others asking the Israeli
implemented, with the authorities Ministry of Defense to revoke the NSO
prosecuting people for “spreading false Group’s security export licence.
news” or “obstructing” government Governments must release all prisoners of
decisions. In Bahrain, Iran, Oman and Saudi conscience immediately and
Arabia judicial authorities dedicated teams to unconditionally, halt all investigations or
prosecuting people for spreading “rumours” prosecutions related to peaceful online or
about the pandemic that disturb public offline expression, and stop blocking
opinion. Authorities in Egypt and Iran websites without due process. As a priority,
arrested or otherwise harassed journalists authorities should repeal subjective
and social media users for questioning the provisions that criminalize “insult” and
official narrative around COVID-19. Shorter- must decriminalize defamation.
term arrests or criminal investigations
occurred in Jordan and Tunisia for criticizing
the government or local authorities’ handling HUMAN RIGHTS
of the crisis.
Across the region, authorities used overly
DEFENDERS AND FREEDOM
broad and subjective Penal Code provisions, OF ASSOCIATION
criminalizing “insult” to silence online Human rights defenders continued to pay a
criticism of the authorities and leading to heavy price for their bravery. The authorities
harsh prison sentences including against the tried to silence and punish them for their
writer Abdullah al-Maliki in Saudi Arabia, who work, using various tactics. The Israeli
was sentenced to seven years. Journalists in authorities used raids, judicial harassment
Egypt and Libya faced prosecution and and travel bans against critics of the military
imprisonment for their work and additionally, occupation, including Amnesty International
in Iran, one journalist was executed. The employee Laith Abu Zeyad whose travel ban

50 Amnesty International Report 2020/21


was upheld by the Jerusalem District Court in protesters faced arrest, beatings and, at
November. The Iranian authorities unlawfully times, prosecution for participating in
closed businesses or froze assets of human protests. In Iraq, federal security forces
rights defenders and carried out reprisals arrested thousands of protesters in the first
against their relatives, including their children few months of the year. Kurdistan Regional
or parents. In Egypt, security forces arrested Government officials cited COVID-19 as
three staff members from the Egyptian justification for dispersing protesters in May
Initiative for Personal Rights and, in a rare in the city of Dohuk and charged them with
move, released them weeks later, following a “misusing electronic devices” in organizing a
global campaign. At the same time, judicial protest.
authorities arbitrarily added at least five Security forces throughout the region used
human rights defenders to “terrorists lists” for force to disperse protests, including through
five years. Virtually all Saudi Arabian human use of less-lethal weapons. The force used
rights defenders were in exile or imprisoned. was frequently unlawful, often because it was
In December, a court sentenced women’s unnecessary or excessive, and weapons were
rights defender Loujain al-Hathloul to five used in a manner they were not designed for.
years and eight months in prison. In Iraq, security forces used live ammunition
The Algerian authorities passed legislation and military-grade tear gas grenades, killing
further restricting freedom of association, dozens of protesters in Baghdad, Basra,
introducing a 14-year prison sentence for Karbala, Diyala, Najaf and Nasriya. In
receiving foreign funding to undermine “the Lebanon, security forces used rubber pellets
fundamental interests of Algeria”. The in a shoot-to-harm manner in January and
Moroccan authorities arrested Maati Monjib February, injuring hundreds of protesters. In
in December and investigated him on Tunisia, police used unnecessary and
charges related to the receipt of foreign excessive force when dispersing a peaceful
funding. protest in the southern governorate of
In June, Nabeel Rajab, head of the Tataouine, recklessly firing tear gas in densely
outlawed Bahrain Centre for Human Rights, populated residential areas with canisters
was released on probation, after serving a landing inside homes and near a hospital. In
four-year prison sentence for a Twitter post in Iran, security forces fired pointed pellets,
which he criticized the government’s human rubber bullets and tear gas, beating and
rights record. arresting scores of peaceful protesters.
States must recognize their obligations to As economic hardship increased, sporadic
respect and guarantee the right to defend protests took place later in the year against
human rights by ensuring that human rights worsening living conditions in a number of
defenders are able to work free from countries. In Libya, there were rare protests
arbitrary arrest and prosecution, threats, in the east and west against corruption and
attacks and harassment. Authorities must unaccountable militias and armed groups,
respect the right to freedom of association who responded to protests by abducting
and remove arbitrary restrictions on civil protesters and using live ammunition against
society organizations. them, killing at least one man. In the city of
Sulaymaniyah in northern Iraq, protests
against unpaid wages and corruption were
PROTESTS AND THE met with live ammunition by Kurdish
UNLAWFUL USE OF FORCE authorities leading to scores of deaths. In
Egypt, rare protests led to the arrests of
Protest movements in Algeria, Iraq and hundreds of protesters and bystanders who
Lebanon continued to organize in the first few remained in detention pending investigations
months of the year until the spread of into "terrorism" and protest-related charges.
COVID-19 led to their suspension. Peaceful

Amnesty International Report 2020/21 51


Authorities should ensure that their law complications and, in some cases, denial of
enforcement officers comply with adequate health care.
international standards on the use of Torture or other ill-treatment in state
firearms and less-lethal weapons, custody continued in at least 18 countries,
investigate the unlawful use of force and particularly during the interrogation phase to
hold law enforcement officers to account. extract “confessions”. Across the region,
States should always uphold the right to courts convicted defendants on the basis of
freedom of peaceful assembly. torture-tainted evidence. Prison officials in
Bahrain, Egypt, Iran and Morocco used
prolonged and indefinite solitary
DETENTION CONDITIONS confinement, itself often amounting to
AND TORTURE torture, to punish prisoners for their political
views or speech or to extract “confessions”.
Prisoners in several countries were at Authorities should prioritize medical care
heightened risk of contracting COVID-19 due and overcrowding in prisons. To counter the
to overcrowding, insanitary conditions and spread of COVID-19, they should release all
poor ventilation in conditions that amounted those arbitrarily detained or detained
to torture and other cruel and inhuman without necessity, such as pre-trial
treatment. Overcrowding was common detainees. Judicial officials should
because of arbitrary detention practices, investigate torture and other ill-treatment in
including prolonged pre-trial detention places of detention as well as punitive ill-
without effective appeal, as in Egypt for treatment in prisons, including the use of
example, or administrative detention, such as prolonged solitary confinement, and end the
in Israel and Palestine. In Morocco, the use of torture-tainted statements in legal
authorities increased the prison population proceedings.
when they imprisoned people solely for
breaching pandemic-related measures.
Prison visits were banned during national IMPUNITY AND ACCESS TO
lockdowns and sometimes beyond, for
example in Bahrain and Egypt. Prisoners
JUSTICE
were not provided with alternative means to Across the region, security forces enjoyed
communicate with their families. impunity for human rights violations,
In Egypt, prison officials failed to distribute especially for the unlawful use of lethal or
adequate sanitation products or to introduce less-lethal force and torture. In June, the
testing and isolation measures and punished Iranian authorities revealed for the first time
prisoners who raised safety concerns. In Iran, the official figures for those killed during the
where prison authorities themselves November 2019 protests, but continued to
acknowledged the lack of resources cover up the real death toll , and publicly
to respond to the pandemic, security forces praised security and intelligence forces for
responded to prison protests and riots calling their role in the crackdown. In Iraq, the new
for better protection from COVID-19 with Prime Minister’s promises to investigate the
unlawful force, including by using live killing of hundreds of protesters and to
ammunition, pellets and tear gas, in some compensate their families were not realized.
cases leading to killings. Prison health care In Lebanon, judicial authorities failed to
was often inadequate and in Egypt, Iran and investigate over 40 complaints of torture and
Saudi Arabia, prisoners with a political the unlawful use of less-lethal weapons that
background were sometimes deliberately had caused hundreds of injuries to protesters
denied health care as a punishment. In between 2019 and 2020. In Egypt,
Egypt, at least 35 detainees died in prison or prosecutors routinely failed to effectively
shortly after release, following medical investigate torture and enforced

52 Amnesty International Report 2020/21


disappearance complaints, with the rare investigation into crimes under international
exception of deaths in custody in non- law.
political cases like that of shop owner Islam Israel continued to impose institutionalized
al-Australy who died two days after his arrest discrimination against Palestinians living
in September. under its rule in Israel and the OPT,
There were some steps towards displacing at least 996 Palestinians in Israel
accountability, often a long struggle, at the and the occupied West Bank through home
international level. In June, the UN Human demolitions.
Rights Council established a fact-finding National judicial authorities should hold
mission to investigate violations and abuses members of security services to account for
of international human rights law and abuses, to ensure judicial oversight of the
international humanitarian law committed by executive, and uphold due process
all parties to the conflict in Libya since 2016. standards without recourse to the death
In December, seven UN experts wrote to the penalty.
Iranian government warning that past and
ongoing violations related to prison
massacres in 1988 may amount to crimes VIOLATIONS IN ARMED
against humanity and that they would call for
an international investigation if these
CONFLICT
violations persisted. The lives of civilians in Iraq, Libya, Syria and
Ten years after its revolution, Tunisia’s Yemen continued to be afflicted by years of
transitional justice process continued, with armed conflict, where fluctuating levels of
the government finally publishing the Truth violence by state and non-state parties to
and Dignity Commission’s concluding report these conflicts reflected shifting alliances on
and establishing a reparations fund. Dozens the ground and the interests of external
of trials continued before dedicated criminal military powers. Multiple parties in the
courts but security force and police unions conflicts committed war crimes and other
continued to boycott the process while serious violations of international
accused officers refused to respond to court humanitarian law. Some carried out direct
summons. attacks against civilians or civilian
In countries including Egypt, Iran, Israel infrastructure. In Libya, armed groups and
and the Occupied Palestinian Territories militias continued to attack medical facilities
(OPT), Libya, Saudi Arabia and Syria, and abduct health workers. Al-Khadra
exceptional courts, such as military, General Hospital in the capital, Tripoli,
revolutionary and security courts, were used designated by the Health Ministry to treat
extensively, and trials grossly violated fair trial COVID-19 patients, was shelled in April and
standards. Trials before ordinary criminal May. Syrian and Russian government forces
courts were often equally problematic, with carried out direct attacks on civilians and
mass trials continuing to take place. In some civilian objects, including hospitals and
countries, notably Egypt, Iran, Iraq and Saudi schools, through the aerial bombing of cities
Arabia, the death penalty was imposed and in the governorates of Idlib, Hama and
implemented following grossly unfair trials. Aleppo.
Israel continued to carry out systematic Almost all parties to the fighting in the
violations, including crimes under region carried out indiscriminate attacks that
international law, against Palestinians with killed and injured civilians in the form of air
impunity. A pre-trial chamber at the strikes and shelling of residential areas with
International Criminal Court was still looking artillery, mortars and rockets. The transfer of
at the question of the court’s jurisdiction in weapons used to commit war crimes and
the OPT, the result of which may allow for the other violations continued. The United Arab
Office of the Prosecutor to open an Emirates (UAE) continued to illicitly divert

Amnesty International Report 2020/21 53


weapons and military equipment to militias in
Yemen. In Libya, countries including Russia,
RIGHTS OF REFUGEES,
Turkey and the UAE, continued to supply ASYLUM-SEEKERS,
their allies with arms and military equipment,
including banned anti-personnel mines in MIGRANTS AND
violation of the UN arms embargo. Turkey
and the UAE directly intervened in hostilities
INTERNALLY DISPLACED
through airstrikes which killed civilians and PEOPLE
people not directly participating in hostilities.
In Syria, Russia maintained its direct support Already at heightened risk due to
of military campaigns by government forces overcrowding, refugees, migrants
that violated international law, while Turkey and internally displaced people (IDPs) living
backed armed groups that engaged in in camps were hit hard by movement
abductions and summary killings. restrictions imposed to prevent the spread of
Some actors continued to restrict COVID-19, limiting their access to
humanitarian access as a tactic, exacerbating employment outside the camps and the
socio-economic hardship and particularly ability of humanitarian workers to deliver aid.
undermining the access of affected civilians The barrage of attacks on civilians and
to health care during the pandemic. In civilian infrastructure in northwest Syria
Yemen, all parties to the conflict arbitrarily increased the population of already
restricted humanitarian assistance, further overstretched IDP camps close to the Turkish
worsening the state of the already depleted border by nearly 1 million people. In Iraq, the
health care system, which had only 50% of authorities closed at least 10 IDP camps,
its hospitals and other medical facilities subjecting tens of thousands of people to
operating. The Syrian government continued secondary displacement and, for those
to impede access to UN humanitarian aid perceived to have ties to the armed group
agencies and Damascus-based international calling itself Islamic State, the risk of arbitrary
NGOs, so that the UN Security Council- detention and enforced disappearance.
authorized mechanism for cross-border aid Jordan, Lebanon and Turkey continued to
from Turkey remained the only lifeline for host most of the 5 million refugees who had
some communities, although the number of fled Syria since the start of the crisis in 2011,
crossing points was reduced from four to two. illustrating the failure of the international
In Gaza and southern Israel, sporadic community to share the burden of
bursts of armed hostilities flared up between responsibility. In Jordan, Syrian refugees
Israel and Palestinian armed groups. Israel were among those most affected by the
maintained its illegal blockade on the Gaza national lockdown due to their largely
Strip. informal employment and a lack of written
Parties to armed conflicts must abide by contracts, social security and health
international humanitarian law. In particular insurance cover or valid work permits.
they must end direct attacks against In Libya, the suffering of refugees, asylum-
civilians or civilian infrastructure and seekers and migrants was compounded by
indiscriminate attacks, and refrain from the economic impact of COVID-19, border
using explosive weapons with wide-area closures and movement restrictions. State
effects in civilian areas. Military powers and non-state actors subjected them to
must halt arms transfers where there is a indefinite arbitrary detention, abductions,
significant risk that they will be used in unlawful killings, torture and other ill-
violation of international law, as was the treatment, rape and other sexual violence,
case in the ongoing conflicts in the region. and forced labour. Thousands were forcibly
disappeared upon disembarkation by the EU-
supported Libyan Coast Guard, while at least

54 Amnesty International Report 2020/21


6,000 were expelled from eastern Libya kind and cash assistance was limited to
without due process. country nationals, for example in Jordan,
Authorities continued to arrest and detain where only daily workers who were Jordanian
undocumented migrants, often without legal were eligible. Thousands of migrant workers
grounds. Algerian authorities denied detained who lost their jobs also lost their residency
migrants any access to legal recourse, status, and were therefore at risk of arrest,
sometimes for months, expelling over 17,000 detention and deportation. Those wishing to
of them. In Tunisia, a group of 22 migrants leave the country often could not do so
won a case challenging their detention in because of COVID-19-related travel
Ouardia Center and the Ministry of Interior restrictions. Governments, including in
complied by releasing them gradually. Kuwait and Saudi Arabia, extended residency
Governments must halt the direct and permits or announced amnesties for permit
constructive refoulement of refugees and violators, allowing them to leave the country
asylum-seekers to Syria and other countries, without paying fines if they had no debts or
while western and other states must take a ongoing court cases.
much greater share of their responsibilities, Reforms to improve protection for migrant
including through resettlement. workers were announced in several
countries, particularly in the Gulf, where they
constituted a high proportion of the
WORKERS’ RIGHTS workforce. In Oman and Qatar, the authorities
The economic impact of the pandemic led to made legislative changes to allow migrant
widespread job losses across the region. In workers to change jobs without their
Egypt, tens of thousands of private sector employers’ permission. In Kuwait, the
workers were dismissed, forced to accept authorities prosecuted at least three cases of
reduced wages, work without protective physical abuse by employers against migrant
equipment or take open-ended unpaid leave. domestic workers as well as cases of human
Workers and trade unionists often faced trafficking and illegal visa traders.
arrest solely for exercising their right to strike. Governments should ensure that workers’
In Jordan, a protracted dispute between the rights are upheld, that they protect the right
government and the teachers’ union was to strike, extend labour law protections to
exacerbated by the government’s decision to migrant workers, including migrant
freeze public sector pay until the end of 2020 domestic workers, and abolish the kafala
due to COVID-19, which was met by new system.
protests in August. Jordanian police raided
13 union branches, arrested dozens of union
and board members and a court ordered the WOMEN AND GIRLS’
union’s dissolution.
The pandemic aggravated the already
RIGHTS
vulnerable position of migrant workers whose Women’s rights organizations, helplines or
employment was governed by the kafala shelters for survivors of violence reported an
system in Bahrain, Jordan, Kuwait, Lebanon, increase in calls for help due to domestic
Oman, Qatar, Saudi Arabia and the UAE. violence, and requests for emergency shelter
Inadequately protected from abuse by their during national lockdown periods, including
employers and agents, migrant workers faced in Algeria, Iraq, Jordan, Morocco and Tunisia.
arbitrary dismissals and unpaid wages and “Honour” killings continued in Iraq, Jordan,
were also at heightened risk of COVID-19, Kuwait and Palestine where the authorities
due to insanitary conditions and failed to take action to prosecute the
overcrowding in camps or shelters. They perpetrators. In Libya, state and non-state
rarely had access to social protection or actors subjected women and girls to
alternative employment since emergency in- gendered abuse, intimidation online,

Amnesty International Report 2020/21 55


abduction and assassination, as in the case countries, forced anal examinations, a
of lawyer Hanan al-Barassi in Benghazi. In practice amounting to torture, took place to
Iran, the “morality” police enforced gather evidence of same-sex sexual conduct
discriminatory forced veiling laws by in the case of gay men. Criminal courts
subjecting women and girls to daily continued to treat consensual same-sex
harassment and violent attacks. sexual relations as a crime, often sentencing
Women continued to face entrenched men, and sometimes women, either under
discrimination in law, including in relation to public decency or dedicated provisions.
marriage, divorce, child custody, inheritance Algerian police arrested 44 people for a party
and, in Saudi Arabia and Iran, employment they described as a “homosexual wedding”,
and political office. The suspension of court and a court later sentenced the hosts and all
proceedings during lockdowns had an guests to three years and one year in prison,
adverse impact on women’s access to a respectively, for “inciting homosexuality” and
remedy, including in prosecutions of violence “debauchery”. Tunisian courts convicted at
against women in Morocco. least 15 men and one woman under Article
In Egypt, an online campaign by young 230 of the Penal Code, which criminalizes
feminists led to the arrest of several men “sodomy”. In Libya, Al-Radaa Forces
accused of rape, resulting in one trial, but the continued to detain men for their perceived
authorities also arrested survivors and sexual orientation or gender identity, and
witnesses who had testified in these cases. At tortured and otherwise ill-treated them.
least nine women social media influencers in Governments must release all those
Egypt were prosecuted on charges of detained for their real or perceived sexual
“violating family principles” for their videos orientation and drop all charges against
on TikTok. those facing prosecution. Legislative
In a positive step, the Kuwaiti Parliament authorities must repeal provisions
approved a bill criminalizing domestic criminalizing consensual same-sex sexual
violence, offering further protections for relations, scrap anal examinations and
victims of domestic violence as well as legal enact legislation prohibiting discrimination
and medical services. on the basis of sexual orientation or gender
In addition to addressing long-standing identity.
discrimination against women in law and
practice, authorities should publicly
condemn all forms of violence against
women. They should prioritize policies to
ensure that women and girls who are
victims of violence are accorded an
effective remedy and that their abusers are
held to account.

RIGHTS OF LESBIAN, GAY,


BISEXUAL, TRANSGENDER
AND INTERSEX (LGBTI)
PEOPLE
Throughout the region, LGBTI people faced
harassment, arrest and prosecution, on the
basis of their real or perceived sexual
orientation or gender identity. In some

56 Amnesty International Report 2020/21


 AMNESTY 
 INTERNATIONAL 
 REPORT 2020/21 
A-Z COUNTRY ENTRIES
soldiers. However, under pressure from the
USA they too were released; a few who were
AFGHANISTAN accused of killing foreign citizens were
subsequently transferred to Qatar. Eventually,
Islamic Republic of Afghanistan more than 5,000 Taliban prisoners were
Head of state and government: Mohammad Ashraf released, including prisoners accused of
Ghani serious crimes.
The US-Taliban peace agreement deferred
The current conflict in Afghanistan entered the question of a political settlement in
its twentieth year and continued to claim Afghanistan to direct talks between
large numbers of civilian casualties. Attacks representatives of the Afghan government
by the Taliban and other armed groups and various mainly political groups on one
deliberately targeted civilians and civilian side, and representatives of the Taliban on
objects in violation of international the other. The so-called “intra-Afghan talks”
humanitarian law; sites that were attacked began in September in Doha, Qatar. There
included a maternity hospital and was little representation of women on the side
educational institutions. There was no of the Afghan government, and no
accountability for these crimes as impunity representation of women in the Taliban
persisted. Women and girls continued to delegation. There was also no representation
face violence, harassment and intimidation. of conflict victims, despite the demands of
Violence against children persisted. Afghan human rights groups. By December, the
asylum-seekers continued to be forcibly negotiating teams had only agreed on an
returned to Afghanistan, particularly from internal guiding principle for the negotiation
Iran where some had been attacked by the processes.
Iranian security forces. The Afghan
Government established a Joint Commission ARMED CONFLICT
for protection of human rights defenders Despite the peace talks, the armed conflict
and civil society activists in Afghanistan; continued to see civilians injured and killed
the Commission will work under the Second throughout the year and a rise in the number
Vice-President Mohammad Sarwar Danish, of people internally displaced. According to
and the members include activists and the the UN Assistance Mission in Afghanistan
Afghanistan Independent Human Rights (UNAMA), 2,177 civilians were killed and
Commission. 3,822 wounded between 1 January and 30
September. Although the figures represented
BACKGROUND a 30% reduction in civilian casualties
In February the Afghan Taliban signed a compared with the same period in 2019, the
peace agreement with the USA ahead of a number of civilian deaths remained
proposed withdrawal of US troops. The almost the same.
agreement included a pledge to release “up UNAMA reported that the Taliban was
to 5,000” Taliban fighters held in Afghan responsible for 45% of the civilian casualties,
government prisons from a list initially given and the armed group calling itself the Islamic
to the USA, in exchange for 1,000 members State in Khorasan was responsible for 7% of
of the Afghan security forces held by the the civilian casualties between 1 January and
armed group. The Afghan government 30 September. Armed groups were
resisted releasing 400 fighters from the list, collectively responsible for the deliberate
who were alleged to be responsible for targeting and killing of civilians, including
serious crimes. The proposed release of teachers, health workers, humanitarian
certain Taliban fighters also triggered workers, judges, tribal and religious leaders,
concerns from France and Australia as it and state employees. The attacks included
included those responsible for killing their violations of international humanitarian law,

58 Amnesty International Report 2020/21


including war crimes, with civilians and who was poised to lead an investigation into
civilian objects deliberately targeted. In May, war crimes and crimes against humanity by
a maternity hospital in the Dasht-e-Barchi all parties to the conflict since 2003.
neighbourhood in the west of the capital,
Kabul, was attacked by gunmen. They killed RIGHT TO HEALTH
24 people, including new-born babies, Afghanistan’s weak health care infrastructure
pregnant women and health workers. No was overwhelmed when COVID-19 swept
group claimed responsibility for the attack. across the country. A total of 52,011 cases
Pro-government forces were responsible and 2,237 deaths were recorded, which
for more than a quarter of all deaths and almost certainly did not represent the true
injuries between 1 January and 30 scale of infection in the country. In most
September, with 602 people killed and 1,038 Afghan provinces there was no possibility of
injured. These included 83 people killed and receiving a COVID-19 test, and samples were
30 injured by international military forces. transported to the capital. The government’s
According to UNAMA, the number of civilian response – implemented with the support of
casualties attributed to the Afghan National international donors – was sharply criticized,
Army had increased in comparison to the with allegations of corruption, and people
previous year, mainly from airstrikes and with the greatest need of assistance being left
ground engagements. UNAMA said violence behind. During quarantine, there were many
increased in the lead-up to the peace talks. reported cases of poor households having not
Children continued to be recruited for been included in lists for the distribution of
combat, particularly by armed groups and bread because they were not members of the
the Afghan security forces – pro-government community mosque, while those who were
militias and local police – and faced multiple relatively better off received bread.
abuses, including sexual abuse. Afghanistan Internally displaced people, who were
continued to be, according to UNAMA, “one already living in precarious conditions before
of the deadliest countries in the world for the pandemic, faced particular difficulties in
children”, with both pro-government and accessing health care and basic amenities.
anti-government forces responsible for more Across the country, the number of people
than 700 child casualties each. In October, living in poverty remained high, at 55% of the
First Vice-President Amrullah Saleh population, and this figure was predicted to
announced ordering the arrest of an rise because of economic slowdown caused
individual who reported civilian casualties in by the pandemic.
an Afghan government air strike on a school,
which had killed 12 children. Later, the REFUGEES AND INTERNALLY
Takhar provincial governor’s spokesperson DISPLACED PEOPLE
reported that he was removed from his Iran, Pakistan, Turkey and EU countries
position for reporting on child civilian continued to forcibly return migrants and
causalities caused by the Afghan security asylum-seekers to Afghanistan, in violation of
forces. the principle of non-refoulement. These
returns, which slowed for a period during the
IMPUNITY pandemic, were alarming in light of the
The peace agreement between the USA and health care situation in Afghanistan, the
the Taliban made no mention of human rights unabated conflict, and high levels of poverty.
or of women. Under the agreement, impunity The Iranian authorities forcibly returned
was preserved for serious crimes under nearly 700,000 people between 1 January
international law by all parties. In September, and 31 October. Iranian border forces were
the US administration cemented this position also responsible for attacks on Afghan
by imposing sanctions, including asset migrants, including cases of torture and
freezes, against the Prosecutor of the ICC, drowning in May and an arson attack on a

Amnesty International Report 2020/21 59


vehicle carrying migrants in June. The provincial and local governments remained
attacks were not investigated, and no action largely restricted, particularly in the social
was taken against the perpetrators. protection and education sectors. The few
According to the International Organization women in government faced intimidation,
for Migration, there were 4 million people harassment and discrimination. They were
internally displaced in Afghanistan in 2020, not able to access office resources on
an increase from 1.2 million in 2016 and half equitable terms with male colleagues and
a million in 2013. Throughout this time, were often denied overtime work and
internally displaced people languished on the payment. Women were further denied
brink of survival, in many cases living in adequate opportunities in decision-making
densely populated camps and facing roles and the attacks they faced while
constant difficulties accessing clean water, working in government offices were rarely
health care and employment. Their situation investigated, with impunity persisting for the
deteriorated further as a result of the perpetrators.
COVID-19 pandemic.
CHILDREN’S RIGHTS
WOMEN’S AND GIRLS’ RIGHTS Children continued to face harassment and
Violence against women and girls sexual violence. Despite the sexual abuse of
Women and girls continued to face gender- children being well-publicized, and the
based discrimination and violence throughout abusive practice of “bacha bazi” (male
Afghanistan, especially in areas under children being sexually abused by older men)
Taliban control, where their rights were being criminalized in 2018, the authorities
violated with impunity and violent made little effort to end impunity and hold
“punishments” were meted out for perceived perpetrators accountable.
transgressions of the armed group’s Children lacked adequate opportunities to
interpretation of Islamic law. pursue their right to quality education.
Violence against women and girls According to UNICEF, over 2 million girls
remained chronically under-reported, with remained out of school, and according to
women often fearing reprisals and lacking government figures about 7,000 schools in
confidence in the authorities if they came the country had no building. Large numbers
forward. According to the Afghanistan of children continued to be pressed into
Independent Human Rights Commission forced labour or begging on the streets.
(AIHRC), more than 100 cases of murder
were reported during the year. Where these FREEDOMS OF EXPRESSION,
cases were reported, there was a persistent ASSOCIATION AND ASSEMBLY
failure to investigate them. In some cases, The conditions grew more difficult for
victims of violence came under pressure from journalists, media workers, and activists to
their communities or state officials to function due to increasing insecurity and the
withdraw their complaints, or “mediation” targeted killings of activists, journalists, and
was used to resolve complaints beyond the moderate religious scholars. Journalists
protection of the law. As a result, there was raised concerns over the lack of access to
widespread impunity for the perpetrators of information and did not enjoy adequate
beatings, killings, torture and other ill- protection from attacks by armed groups.
treatment, and corporal punishments. The government introduced a draft
mass media bill, which would have imposed
Women’s participation in government further restrictions on the right to freedom of
Women’s participation in government expression. It was forced to withdraw the bill
remained limited despite some key in the face of widespread criticism.
improvements in the situation of women Discussions were ongoing in parliament
since 2000. Women’s participation in roles in over a draft bill on public gatherings, strikes

60 Amnesty International Report 2020/21


and demonstrations, which if passed would COVID-19. Roma and LGBTI people
significantly restrict the right to freedom of continued to face discrimination.
peaceful assembly.
The cabinet rejected a third draft bill on BACKGROUND
NGOs after Amnesty International raised Between 31 March and 23 June, Albania
concerns that it placed unnecessary derogated from certain European Convention
restrictions on registration processes and on Human Rights obligations in the name of
operational independence. containing COVID-19. Excessive measures
were used to enforce the lockdown.
HUMAN RIGHTS DEFENDERS
Attacks and targeted killings against activists, VIOLENCE AGAINST WOMEN AND GIRLS
human rights defenders and journalists Gender-based violence worsened during the
increased. Human rights defenders lockdown. A women’s rights NGO reported a
continued to come under attack, facing threefold annual increase in calls to the
intimidation, violence and killings. In March, national Counseling Line for Women and Girls
government officials in Helmand province during the March-May period.
physically assaulted human rights defenders The sexual abuse of a 15-year-old girl by
who had alleged corruption. They needed her school’s guard and three other men
hospital treatment for their injuries. In May, sparked public outrage in June. Hundreds
Mohammad Ibrahim Ebrat, a facilitator of the protested gender-based violence in the
Civil Society Joint Working Group, was capital, Tirana.
attacked and wounded by unknown gunmen
in Zabul province. He subsequently died of FREEDOM OF EXPRESSION
his injuries. In June, two staff members of the In March, the Prime Minister threatened
AIHRC, Fatima Khalil and Jawad Folad, were media organizations with closure for
killed in an attack on their car in Kabul. “spreading panic” over COVID-19.
In December, the Afghan government The authorities retracted a controversial
established the Joint Commission for anti-defamation law that threatened online
protection of human rights defenders and media freedom.
civil society activists in Afghanistan. The In August, the authorities seized Ora News
Commission will work under the Second Vice- TV following an investigation into the owner’s
President Mohammad Sarwar Danish, and assets. The media group remained
the members include activists and the operational.
AIHRC. It remained too early to assess the
Commission’s effectiveness in protecting REFUGEES, ASYLUM-SEEKERS AND
activists or ensuring attacks and threats are MIGRANTS
investigated and perpetrators are prosecuted. UN Rapporteurs expressed concern and the
Ombudsman found serious human rights
violations in Harun Çelik’s expulsion to Turkey
ALBANIA on 1 January. Harun Çelik, a Turkish teacher
linked to the so-called Gülen movement, had
Republic of Albania applied for asylum in Albania.
Head of state: Ilir Meta
Head of government: Edi Rama DISCRIMINATION
In April, Roma activists protested
Domestic violence against women increased discrimination in the government’s allocation
during lockdown. The Prime Minister of financial emergency assistance that did
threatened to use extraordinary powers to not cover those working in the informal
close media for “spreading panic” over sector.

Amnesty International Report 2020/21 61


Parliament adopted amendments to the news” and for receiving certain types of
law on discrimination, significantly expanding foreign funds. A new Constitution was
the scope of groups covered by legal adopted, which improved protection for
protection. women but imposed undue restrictions on
rights and freedoms by making the exercise
LESBIAN, GAY, BISEXUAL, of freedom of speech conditional on
TRANSGENDER AND INTERSEX (LGBTI) religious and cultural values. The
PEOPLE authorities prevented Christian churches
LGBTI people remained subject to from operating and harassed members of
widespread discrimination, including being the Ahmadiyya religious community. They
denied the right to same-sex partnerships. also proceeded with mass and arbitrary
The Order of Psychologists prohibited its expulsions of migrants. Discrimination
members from performing conversion against women in law and practice
therapy. The Ministry of Health banned continued, as did gender-based violence
medical intervention on newborn intersex and femicide. Consensual same-sex sexual
children. relations remained criminalized and several
arrests were made. The right to form trade
EXCESSIVE USE OF FORCE unions remained restricted.
Activists protesting the demolition of the
National Theatre in Tirana on 17 May faced BACKGROUND
disproportionate use of police force. Two The peaceful protest movement Hirak, which
journalists covering the protest were verbally began in 2019 calling for radical political
assaulted and hit by police officers; one was change in Algeria, continued early in the
temporarily detained. year, with protests halting in March due to
Street clashes erupted in several cities COVID-19 restriction measures.
following the shooting of a 25-year-old man The country went into a national lockdown
by a police officer enforcing a COVID-linked in response to COVID-19 from 4 April until
curfew on 8 December. Two journalists June, when measures were eased. In
covering the protests were detained and December, the National Syndicate of Liberal
assaulted. The Council of Europe’s Doctors reported that at least 139 health
Commissioner for Human Rights called on workers had died as a result of COVID-19.
authorities to reverse blanket bans on In April, Parliament adopted the
freedom of assembly. Preventing and Combating Discrimination
and Hate Speech Law, which includes a
penalty of up to 10 years’ imprisonment for
ALGERIA those who breach it. However, the Law failed
to refer to discrimination based on religion,
People’s Democratic Republic of Algeria sexuality or gender identity.
Head of state: Abdelmadjid Tebboune In November, a new Constitution was
Head of government: Abdelaziz Djerad adopted by referendum that saw a very low
turnout due to controversy over the process.
The authorities continued to detain and The Constitution improved language on
prosecute peaceful protesters, journalists, women's rights and social and economic
activists and citizens for exercising their rights, but maintained the death penalty and
rights to peaceful assembly and expression fell short of international standards on
relating to the mass protest movement freedoms of expression, assembly and
known as Hirak. Legislative changes judicial independence.
imposed further restrictions on freedoms of
expression and association, by imposing
heavy criminal sanctions for spreading “fake

62 Amnesty International Report 2020/21


gathering” and “harming the integrity of the
FREEDOMS OF EXPRESSION AND national territory” for his independent
ASSEMBLY reporting on Hirak. A court in Algiers also
Hirak protests continued until March when sentenced activists Samir Benlarbi and
protesters decided to suspend protests to Slimane Hamitouche to a year in prison, eight
prevent the spread of COVID-19. In January months of which were suspended, for their
2020, the authorities released more than 70 online publications and participation in the
protesters, but at least 93 people, including protests.3
journalists as well as civil society and political On 8 October, over 20 people were
activists, remained in detention for online arrested in the north-western city of Oran
posts or for participating in Hirak at the end during a protest organized by women’s rights
of the year, according to the National groups to denounce the prevalence of
Committee for the Liberation of Detainees. gender-based violence and the rape and
The authorities used COVID-19 as a murder of a 19-year-old woman. All those
justification to increase the arrests of arrested were released later that day without
activists, journalists and bloggers for online charge.
speech critical of the authorities, prosecuting Also in October, 42 peaceful
many of them under Penal Code provisions. demonstrators were arrested in Algiers while
The authorities took advantage of the commemorating the 1988 youth protests.
international focus on the COVID-19 Thirty-three, including at least five women,
pandemic to pass amendments to the Penal were provisionally released, and nine were
Code that criminalize the spread of “fake imprisoned in El Harrach prison, in a suburb
news”, punishable by up to three years in of Algiers, before eventually being released.
prison.1 In November, a first instance court in the
In March, an appeals court in the capital, north-western city of Relizane, sentenced
Algiers, sentenced Karim Tabbou, head of the political activist Abdallah Benaoum to one
unrecognized opposition political party year in prison for Facebook posts he
Democratic and Social Union, to one year in published criticizing the authorities and
prison and a fine for videos published on opposing the holding of presidential
Facebook in which he criticized the army’s elections.
role in politics. He was released on parole on
2 July after nine months of detention. FREEDOM OF ASSOCIATION
On 15 April, the authorities admitted A Penal Code provision introduced in April
blocking two online independent media provided for up to 14 years’ imprisonment for
outlets, Maghreb Emergent and Radio M, members of associations who receive foreign
pending legal proceedings against their funding to carry out activities deemed
Director for defamation of the President. As detrimental to state security and the
of December, both sites remained blocked. "fundamental interests of Algeria”. This vague
On 21 June, a court in Chéraga, a suburb language could lead to the limitation of
of Algiers, sentenced Amira Bouraoui, a legitimate activities of associations disliked by
doctor and activist, to one year in prison for the authorities.
online posts that criticized the President, The authorities kept many associations,
before provisionally releasing her pending including Amnesty International Algeria, in
appeal.2 On 8 November, another court in legal limbo by failing to respond to
Algiers sentenced her to three years in prison registration applications submitted in line
in her absence for an online post she with the highly restrictive Associations Law.
published about the Prophet Muhammed.
In August, prominent journalist Khaled FREEDOM OF RELIGION AND BELIEF
Drareni was sentenced, on appeal, to two The 2006 Decree 06-03 continued to restrict
years in prison for “incitement to unarmed the exercise of religions other than Islam. The

Amnesty International Report 2020/21 63


Decree stipulates that non-Muslim religious using violence and confiscating their
worship can only take place in buildings that belongings.
have received a licence from the “National Algerian authorities denied detained
Commission for Non-Muslim Religious migrants any possibility to exercise legal
Groups”, though it is unclear how operational recourse, sometimes for months. As of 31
the Commission is. According to the December, at least seven Yemeni asylum-
Protestant Church of Algeria, authorities seekers registered with UNHCR, the UN
rarely approve their request for licensing, refugee agency, and awaiting approval of
putting their churches at constant risk of their asylum applications, remained in
closure. government detention centres in Algiers, at
The Ahmadiyya community, who consider risk of imminent expulsion and deportation to
themselves as Muslims, continued to face Yemen.
harassment on the basis of their religious
beliefs. In January, the Prosecutor’s Office in WOMEN’S RIGHTS
Constantine interrogated seven Ahmadis and The Penal Code and Family Code continued
confiscated their passports after interviewing to unlawfully discriminate against women in
them in relation to their religious beliefs and matters of inheritance, marriage, divorce,
practices, then prosecuting them for forming child custody and guardianship. The Penal
an illegal association. At the end of Code’s “forgiveness clause” allows rapists to
December, the Court of First Instance escape sentencing if they obtain a pardon
acquitted them but the authorities did not from their victim, and does not explicitly
return their passports. recognize marital rape as a crime.
On 25 November, an appeals court in the The Centre of Information on the Rights of
eastern city of Khenchela sentenced Amazigh Women and Children reported 39 cases of
and Hirak activist Yacine Mebarki to one year homicide and intentional assault and battery
in prison and a fine of DZD50,000 (around resulting in the death of women during the
US$385), for “insulting Islam” in relation to COVID-19 lockdown period. The women’s
social media posts in which he appeared to group Feminicides Algérie said the true
criticize a Salafi scholar for calling for jihad. number of cases of violence against women
In December, a judge at a court in Tizi far exceeded the official figures. Women’s
Ouzou sentenced 31 Ahmadis to a two- rights group Réseau Wassila recorded an
month suspended prison sentence on increase in calls to their helpline reporting
accusations of “undermining the integrity of domestic violence perpetrated by family
the national territory” under Article 79 of the members in May, suggesting this was due to
Penal Code, because of their religious beliefs. confinement measures.

RIGHTS OF REFUGEES, ASYLUM- RIGHTS OF LESBIAN, GAY, BISEXUAL,


SEEKERS AND MIGRANTS TRANSGENDER AND INTERSEX (LGBTI)
Detentions and mass expulsions of migrants PEOPLE
from Algeria to neighbouring Niger and Mali The Penal Code continued to criminalize
continued throughout the lockdown period, consensual same-sex sexual relations,
despite closed borders and the health risks carrying a prison sentence of between two
related to COVID-19 in removal centres. months and two years and a fine.
According to humanitarian organizations in In September, police in Constantine
Niger, between January and October, the arrested 44 people for attending a party that
Algerian authorities expelled over 17,000 the media falsely described as a
migrants to Niger – around 8,900 Nigeriens “homosexual wedding”. The majority of those
and 8,100 people of other nationalities. Local arrested were sentenced to one year in
NGOs said that Algerian military personnel prison, while the host and his supposed
treated migrants harshly during expulsions, partner were both sentenced to three years’

64 Amnesty International Report 2020/21


imprisonment. The court convicted them of 2. Algeria: Constitutional reform process undermined by crackdown
(Press release, 25 June)
“inciting homosexuality” and “debauchery”
under Article 338 of the Penal Code, and of 3. Algeria: Authorities pursue crackdown on Hirak, sentencing journalist
Khaled Drareni to three years in prison (Press release, 10 August)
breaking lockdown measures.

WORKERS' RIGHTS
The Labour Code continued to restrict the ANGOLA
right to form trade unions by limiting trade
union federations and confederations to Republic of Angola
single occupational sectors; allowing only Head of state and government: João Lourenço
Algerian-born people or those who had held
Algerian nationality for at least 10 years to The security forces used excessive force to
create trade union organizations; and impose COVID-19 restrictions and dozens of
imposing restrictions on foreign funding for people, including children, were unlawfully
trade unions. killed. Human rights defenders were
The authorities continued to deny arrested for disseminating health
registration to the independent General information and distributing masks and
Autonomous Confederation for Algerian hand sanitizer to Indigenous communities.
Workers, which first filed its application in The rights to freedom of expression,
2013. assembly and association were restricted
and activists faced arbitrary arrests and
INDEPENDENCE OF THE JUDICIARY detentions. Commercial farmers colluded
The new Constitution failed to end the with government officials to forcibly evict
executive’s control over the judiciary and agro-pastoral communities from their land,
uphold judicial independence. undermining their rights to food, water and
In February, the Justice Ministry ordered housing. The government failed to
the transfer of prosecutor Mohamed Sid guarantee the right to food for low-income
Ahmed Belhadi to El Oued, 600km south of families during the nine-month lockdown
Algiers, two days after he had urged an period.
Algiers court to acquit 16 people arrested for
their peaceful participation in Hirak in BACKGROUND
January. The National Union of Algerian In February, international media disclosed
Magistrates described the transfer as the “Luanda Leaks” which revealed how
“political punishment and retaliation”. former President dos Santos’ daughter
Lawyers organized a national strike on 30 embezzled state funds in offshore bank
September and 1 October to demand respect accounts. In October, President Lourenço
for the rights of defence and fair trial. said that his predecessor’s administration
illegally withdrew US$24 billion from the
DEATH PENALTY country through fraudulent contracts with
The Justice Minister announced on 11 state oil and diamond companies. Also in
October that a new law to prevent kidnapping October, the Public Prosecutor confiscated
would include capital punishment for child assets worth billions of dollars which had
abduction resulting in the victim’s death. been acquired fraudulently by the former
Courts continued to hand down death President’s military generals and his Vice-
sentences. No executions have been carried President.
out since 1993. Economic and social conditions worsened
amid the groundswell of pressure from youth
who demanded that the President fulfil his
1. Algeria: End repression against Hirak activists and journalists amid
COVID-19 (Press release, 27 April) promise, made during the 2017 electoral

Amnesty International Report 2020/21 65


campaign, to create 500,000 jobs, and gunpoint. When he said he was tired and ill,
protests against the high cost of living. an officer fired into the air next to his head
On 27 March, the government introduced causing him to fall. Neighbours told the
a state of emergency which was followed by officers that João de Assunção suffered from
natural disaster regulations to address the a heart problem and hypertension. The police
COVID-19 pandemic. These remained in took him to Hospital Cajueiros, where he died
force until October and were used to impose the same day.
arbitrary restrictions which undermined On 3 July, the police shot and killed 15-
human rights. Lockdown measures restricting year-old Mabiala Mienandi in Luanda
movement between provinces continued at province. At around 7am, he was playing
the end of the year. soccer with friends. Witnesses said a police
vehicle approached and, without warning,
RIGHT TO FOOD officers shot at the boys who ran for cover.
During the nine-month lockdown period, the Mabiala Mienandi was hit by a bullet, after
government failed to guarantee the right to which three policemen got out of their car
food, especially in low-income and kicked him three times before driving
neighbourhoods where most people away.
depended on the informal economy for their The next day, police officers shot 16-year-
livelihoods, for example by selling goods in old Clinton Dongala Carlos dead as he
the streets and daily markets. returned from dinner at his aunt’s house in
The authorities took punitive measures the Cacuaco municipality, Luanda province.
against those in poor neighbourhoods who According to witnesses, two FAA and three
were forced to leave their homes in search of PNA officers pursued him and one of them
food, an act which was criminalized under shot him in the back.
the state of emergency rules. While the On 13 July, José Manuel was shot dead in
government introduced a food relief street in the Prenda neighbourhood at
programme for those living in poverty, around midnight. He and his 16-year-old
families in the Luanda and Benguela friend, Maurício, heard local people shouting
provinces said they were not properly that the police were coming and while they
informed about who qualified for the aid or were running away, a police officer fired at
how the government decided which them hitting Maurício in the shoulder and
communities should benefit.1 Rural killing José Manuel instantly.
communities in the south were also These cases and others were under police
disproportionately affected by food shortages investigation at the end of the year. No
as a result of the ongoing drought. findings or information as to the progress of
investigations were made public and
UNLAWFUL KILLINGS impunity for such crimes remained
The security forces used excessive force to widespread.
impose restrictive COVID-19 measures which
resulted in dozens of deaths. Most of those ARBITRARY ARRESTS AND DETENTIONS
killed were young people, the youngest being Those deemed to have flouted the
a 14-year-old boy, and were from poor COVID-19 restrictions, including political
neighbourhoods. In many cases, Angolan activists and human rights defenders, were
National Police (PNA) and Angolan Armed subjected to arbitrary arrests, detentions and
Forces (FAA) officers were responsible.2 torture or other ill-treatment.
On 17 June, PNA officers stopped 20- On 2 April, nine human rights defenders
year-old João de Assunção for not wearing a from MBATIKA, a local civil society
mask in the Palanca neighbourhood. He organization, were distributing information
offered to get his mask but the officers about COVID-19 and essential protective
ordered him to perform acrobatics at products like soap and sanitizer, to the San

66 Amnesty International Report 2020/21


Indigenous people and other traditional detention. Maurício Gimbi and João
communities in Cuando Cubango province. Mampuela were refused bail on grounds of
Police beat them with batons and threatened prior criminal records. The records related to
them with guns before arresting them. They their participation in a peaceful
were released eight hours later without demonstration in 2019 after which they had
charge.3 been charged with “outrage against the
On 4 April, police beat 10 men in the state” and “public disturbance and
street in Buco-Zau municipality, Cabinda resistance”, among other trumped-up
province, and arrested them. Local people charges. The men remained in detention in
said that seven of them had been on their Cabinda Province Civil Prison at the end of
way to buy food. They were initially held the year.5
together in one cell in poor conditions and
released without charge at various points FORCED EVICTIONS
between 5 and 7 April. Diversion of land use in favour of business,
mainly in the southern province of Huíla,
FREEDOMS OF EXPRESSION, continued to devastate local pastoral and
ASSOCIATION AND ASSEMBLY peasant farmer communities. Large scale
The authorities continued to repress the farming landowners, as well as local
rights to freedom of expression, association authorities, blocked local communities from
and peaceful assembly in Cabinda province. accessing their farmlands and diverted their
Political activists and human rights defenders water supplies to force them from their land.
were harassed, beaten and arbitrarily Civil society organizations who lodged formal
detained. From September onwards, people complaints with the government, or took
regularly protested against widespread other action to try and halt evictions, received
hunger, poverty and the high cost of living. no response. The authorities failed to carry
Authorities responded with unlawful force, out meaningful consultations with the
with security forces using water cannons, affected communities or to provide them with
rubber bullets, batons and tear gas to compensation or reasonable alternatives.
unlawfully disperse the protesters.4 Consequently, families were forcibly evicted
On 28 June, plain-clothes police officers from their land, denied their livelihoods,
physically assaulted, arbitrarily arrested and seriously undermining their rights to food,
detained Maurício Gimbi, President of the water, housing and health.
Union for the Independence of Cabinda In August, a spate of land diversion moves
(UIC), and André Bonzela, Director of the affected families. A commercial farmer
UIC President’s Office, at a taxi stop in initiated an extrajudicial process to evict the
Cabinda city. Some days before, they and community of Kamphanda, a remote village
their colleague, João Mampuela, UIC Vice- in Gambos municipality, from their
President, had displayed leaflets in Cabinda communal land. He coerced illiterate
city bearing the slogan “Cabinda is not residents to sign over their land using their
Angola” and calling for an “end to the right to fingerprints.
bear arms”. In the same month, the Communal
On 29 June, the police searched João Administrator for Cainda, Quipungo
Mampuela’s home at 5am and arrested him municipality, made an order for communal
after finding UIC leaflets. Charges brought agro-pastoral land farmed by local families to
against the three men included “rebellion”, be fenced off and handed over to another
“criminal association” and “outrage against commercial farmer. When residents
the state”. In September, the Cabinda Court protested, the local authorities threatened
granted André Bonzela bail of 300,000 them with imprisonment.
Angolan kwanza (US$350), a sum which he Local government officials colluded with
could not afford, and he remained in farming businesses to evict the Cuvangue

Amnesty International Report 2020/21 67


communities from their land in the Matala the unemployment rate was 13.1%.
municipality, in order to privatize areas of the Concerns remained over debt repayments
Cunene river, blocking the communities’ and the obligation of states to protect
access to water. economic and social rights during the
The water company, Água Preciosa, began pandemic and the recovery period.
an unlawful process to force the Tyihonguelo In March, Decree 297/20 imposed a
community, in Lubango municipality, from its nationwide lockdown and restricted freedom
communal land, home to hundreds of of movement to curb the spread of
families, obstructing the canal that supplied COVID-19.
their water. Strict controls on movement between
By the end of the year, the government provinces left hundreds of people stranded
had not acted to protect communities from across borders, without access to adequate
forced evictions, or to protect their rights to health care, hygiene and, in some cases,
basic necessities. family reunification. In November, the
National Supreme Court ordered the province
of Formosa to allow 8,300 people return to
1. Southern Africa: Governments must move beyond politics in
distribution of COVID-19 food aid (Press release, 6 May) their homes after eight months of the
2. Angola: Witnesses describe horrific killings of teenagers by police
restrictive measures. Full implementation of
(Press release, 25 August) the ruling was pending.
3. Angola: Activists prevented from distributing COVID-19 essentials The Ministry of Security approved a new
(AFR 12/2146/2020) police protocol that provides for the use of
4. Angola: Authorities escalate use of excessive force to crack down on open-source intelligence during the health
dissent (Press release, 8 December) emergency, raising concerns about potential
5. Statement on the Continued Detention of André Bonzela, Maurício online mass surveillance.
Gimbi and João Mampuela and the Human Rights Situation in Health and essential workers were central
Cabinda, Angola (Joint statement with Advancing rights in Southern
to the COVID-19 response. By 18 December,
Africa and Human Rights Watch, 6 October)
64,958 health workers had been infected
with the virus.

ARGENTINA WOMEN’S RIGHTS


The pandemic exacerbated and underscored
Argentine Republic existing gender inequalities. Data showed
Head of state and government: Alberto Fernández
that unpaid domestic and care work would
represent 16% of GDP if it were paid. Women
The COVID-19 pandemic exacerbated the performed over 75% of domestic and care
country’s ongoing economic crisis. work in the country.
Measures to curb the spread of the virus
saw an increase in gender-based violence. VIOLENCE AGAINST WOMEN AND GIRLS
Indigenous Peoples were disproportionately During the pandemic there was a rise in
impacted by the pandemic. Enforced violence against women; by November,
disappearances and excessive use of force emergency calls to helplines had increased
by the police were reported. Abortion was by an average of more than 18% compared
decriminalized and legalized within the first to 2019.
14 weeks of pregnancy. According to civil society monitoring
groups, there were at least 298 femicides in
BACKGROUND 2020.
Argentina continued to experience a As lockdown measures led to a greater
profound economic and social crisis. engagement online, women experienced
According to official figures, by June, 40.9% violence and abuse on social media,
of the population was living in poverty and

68 Amnesty International Report 2020/21


especially when seeking to defend women’s Indigenous communities continued to
human rights. demand information about the potential
impacts of mining on their water sources.
SEXUAL AND REPRODUCTIVE RIGHTS
In December, the Congress took a historic IMPUNITY
step by decriminalizing and legalizing Trials before ordinary civilian courts
abortion within the first 14 weeks of continued for crimes against humanity
pregnancy. After that, abortions are permitted committed under the 1976-1983 military
where the pregnancy poses a risk to the life regime. Between 2006 and December 2020,
or health of the pregnant person or is the 250 rulings were handed down, bringing the
result of rape. The Thousand Days total number of convictions to 1,013 and
Programme – to strengthen comprehensive acquittals to 164.
care for women and children in the first years In September, the Inter-American
of life – was unanimously approved Commission on Human Rights found the
by the Senate in December. state responsible for violating the rights to life
According to official data, every four hours and physical integrity of the victims, as well
a girl aged under 15 gives birth in Argentina. as for cover-up operations that resulted in
Most are forced to carry to term pregnancies impunity, in relation to the bombing of the
that are the result of sexual violence. Jewish mutual society AMIA in Buenos Aires
During the pandemic, there were in July 1994.
increased barriers to accessing legal At the end of the year, the investigation
abortion. In addition, women and adolescents into the disappearance and death of Santiago
had their contraceptive treatment interrupted Maldonado continued. His body had been
for fear of COVID-19 at health facilities. found in 2017 in a river on Mapuche territory
in Chubut province, 78 days after the security
INDIGENOUS PEOPLES’ RIGHTS forces had closed off the area.
Indigenous communities still lacked legal
recognition of their land rights, even though EXCESSIVE USE OF FORCE AND
the Constitution recognizes their right to ENFORCED DISAPPEARANCES
ancestral territories. There were numerous incidents of excessive
Encroachment on the ancestral territories use of force in the context of the enforcement
of Indigenous Peoples by private individuals of COVID-19 lockdowns. Police officers killed
or state forces continued. Communities were Luis Espinoza in Tucumán province in May;
subjected to violence, restrictions on their his body was not discovered until a week
movement and food supplies, inadequate after his death.
access to clean water and a lack of hygienic In May, security forces violently entered
and sanitary conditions. the homes of members of the Qom
Concerns were raised over the impact of Indigenous People in Fontana, Chaco
COVID-19 on Indigenous Peoples, who province, and took three men and a 16-year-
continued to experience obstacles to old girl into custody. Those held reported that
accessing social benefits. they were tortured and otherwise ill-treated,
The federal government declared mining including the sexual abuse of the girl.
an essential sector during the pandemic. The body of Facundo Astudillo Castro was
Concerns remained over projects for possible found 107 days after he was reported
lithium extraction on Indigenous Peoples’ missing in late April. He was last seen at a
lands without an exhaustive study of the police checkpoint in Buenos Aires province.
possible impact on natural resources and The autopsy found he died of asphyxiation.
without ensuring the free, prior and informed Contradictory police accounts and other
consent of the Indigenous communities evidence suggested that the Buenos Aires
affected. In the Salinas Grandes Salt flat,

Amnesty International Report 2020/21 69


police could be responsible for his carried out indiscriminate attacks in
disappearance and death. populated areas, resulted in numerous
Concerns remained over the lack of civilian deaths, injuries and displacement.
institutional public policies on effective Freedoms of expression and peaceful
searches for missing persons and assembly were restricted by the state of
investigations of enforced disappearances. emergency introduced to deal with the
COVID-19 pandemic, and by martial law
RIGHTS OF MIGRANTS, REFUGEES AND declared because of the conflict.
ASYLUM-SEEKERS Environmental concerns remained regarding
Executive Order 70/2017, which modified the the Amulsar gold mine, amid
Migration Act and introduced serious demonstrations which saw dozens of
regressive measures regarding migrants' peaceful protesters arrested and fined.
rights, remained in force even though several
human rights mechanisms had deemed it BACKGROUND
unconstitutional. On 27 September, heavy fighting erupted
Migrants, refugees and asylum-seekers between Azerbaijan and Armenia and
experienced obstacles to completing Armenian-supported forces in Azerbaijan’s
regularization proceedings and accessing break-away region of Nagorno-Karabakh. On
social assistance programmes. With limited 9 November, under a Russian-brokered
access to the formal labour market and ceasefire agreement, Armenia conceded
adequate housing, these groups were among most of the Azerbaijani territory it had
the most affected by the COVID-19 crisis. previously occupied. The regional capital of
The closure of borders affected the Stepanakert/Khankendi and parts of the
resettlement of refugees through Argentina’s disputed Nagorno-Karabakh region remained
community sponsorship-based Syria under the control of the Armenia-backed de
Programme. Nine Syrian refugee families facto authorities, dependent for protection on
who had been approved to travel to Argentina Russian peacekeepers. The defeat caused
had their resettlement stalled and new political unrest and calls for the Prime
community sponsorship applications were Minister’s resignation, plunging the country
suspended. into a political crisis. Twelve opposition
figures were arrested on 12 November for
FAILURE TO PREVENT CLIMATE CHANGE their role in violent unrest that saw the Prime
Argentina ratified the Regional Agreement on Minister’s residence raided and the
Access to Information, Public Participation parliamentary speaker hospitalized after he
and Justice in Environmental Matters in Latin was severely beaten by an angry mob.
America and the Caribbean (the Escazú According to the UN High Commissioner
Agreement). for Human Rights, at the height of the
More than 120,000 hectares in 11 conflict, some 90,000 ethnic Armenians fled
provinces were affected by forest fires, many the fighting in Nagorno-Karabakh for
of them linked to deforestation. Armenia, a displacement which worsened the
already dire effects of the COVID-19
pandemic.
ARMENIA Promised judicial and anti-corruption
reforms stalled, in part due to their
Republic of Armenia fragmented nature and the inability to sustain
Head of state: Armen Sarkissian institutional change. Reforms were also
Head of government: Nikol Pashinyan impacted by the conflict and the pandemic,
both of which ravaged the economy and the
Military conflict with Azerbaijan, in which health care system. Hospitals and the health
both sides committed war crimes and care sector remained overwhelmed. They

70 Amnesty International Report 2020/21


struggled to provide care to a rising number “conducive to spreading panic”. The
of patients during the pandemic and warfare. restrictions on the media were lifted in April,
The government provided limited financial following harsh criticism by local and
aid to those who lost jobs and to families with international rights groups.
young children. Martial law placed renewed restrictions on
the rights to freedom of expression and
INDISCRIMINATE ATTACKS assembly. On 9 October, Parliament
Both sides of the conflict over Nagorno- approved a bill banning dissemination of
Karabakh used heavy explosive weapons with “unofficial information” on the conflict and
wide-area effects in densely populated national security matters, and any public
civilian areas, including ballistic missiles and criticism of military actions and statements by
notoriously inaccurate rocket artillery salvos, government officials. Martial law restrictions
causing civilian deaths, injuries and on freedom of peaceful assembly were
widespread damage to civilian areas. Verified invoked in November, after the ceasefire was
evidence indicated that both sides used reached, to ban the anti-government
cluster munitions, which is banned under demonstrations demanding the resignation of
international humanitarian law, including in the Prime Minister.
the attack on Stepanakert/Khankendi in
Nagorno-Karabakh region on 4 October, and ENVIRONMENTAL DEGRADATION
on the city of Barda in an area under In April, the government proposed legislative
Azerbaijan government control, on 28 amendments which would allow it to withhold
October (see Azerbaijan entry).1 information that could “negatively affect the
environment.” Environmental NGOs raised
WAR CRIMES concerns that the government was seeking to
War crimes were committed by Armenian reduce transparency over environmental
forces in Nagorno-Karabakh. Several verified issues to benefit mining interests at the
videos depicted the mistreatment of prisoners expense of local communities. This was
of war and other captives, and desecration of against the backdrop of ongoing tensions
the dead bodies of enemy soldiers by the over the Amulsar gold mine in southern
Armenian side. This included a video Armenia.
showing the murder of an Azerbaijani border Local residents had been blocking the
guard who had his throat cut.2 access to the Amulsar mine since 2018,
protesting that it posed a threat to the
FREEDOMS OF EXPRESSION AND environment and their livelihoods. On 4
ASSEMBLY August, hundreds of activists gathered at the
The rights to freedom of expression and Amulsar mining site, after the company’s new
peaceful assembly were restricted throughout security personnel had forcibly removed the
the year, firstly as a result of a state local residents who were blocking the mine’s
emergency imposed from March to access. On 5 August, police arrested 12
September in response to COVID-19, and people following a violent confrontation with
then on account of martial law imposed from security personnel. In the capital Yerevan,
September until the end of the year in police broke up simultaneous protests in
response to hostilities with Azerbaijan. support of environmental activists, detaining
Under the state of emergency the dozens of peaceful protesters. All those
government, among other things, prohibited detained in Amulsar and Yerevan were issued
public gatherings of more than 20 people with administrative fines for disobeying police
and the publishing of “unofficial information” and released.
about pandemic-related issues. The
authorities forced 20 media outlets to amend
or delete information that officials deemed as

Amnesty International Report 2020/21 71


substantial public support, despite national
1. Armenia/Azerbaijan: First confirmed use of cluster munitions by
lawmakers declining to bring Australia into
Armenia ‘cruel and reckless’ (News story, 29 October)
line with international standards. Almost
2. Armenia/Azerbaijan: Decapitation and war crimes in gruesome videos
must be urgently investigated (News story, 10 December)
three in five children in detention were
Indigenous. In August, the Australian Capital
Territory (ACT) announced that it would be

AUSTRALIA the first jurisdiction in Australia to increase


the age to 14.

Australia REFUGEES AND ASYLUM-SEEKERS


Head of state: Elizabeth II, represented by David Hurley
The harsh offshore detention regime for
Head of government: Scott Morrison
refugees and asylum-seekers continued for a
seventh year. At least 241 people were held
Violations of the rights of Indigenous offshore, despite repeated offers from the
Peoples, refugees and asylum-seekers New Zealand government to resettle up to
continued to cause concern. The 150 people per year.
enforcement of government COVID-19 Those who had been evacuated from
measures lacked accountability and immigration detention in Papua New Guinea,
transparency. including Manus Island, for medical care in
Australia remained in so-called alternative
BACKGROUND places of detention (APODs) with no
The year began with the worst bushfires in indication of when they would be released.
Australia’s living memory. Thirty-four people The re-opening of the Christmas Island
died and thousands remained displaced. A immigration detention centre in August raised
state of emergency was introduced in March. alarm among refugees and asylum-seekers
In response to the COVID-19 pandemic, the as they feared that they would still remain in
government placed vast swathes of the indefinite detention.
country into lockdown. Australia suspended its humanitarian
resettlement programme due to the
INDIGENOUS PEOPLES’ RIGHTS pandemic in March, but the government
As the #BlackLivesMatter movement protests began a review of the Community
took place around the world, Australia Sponsorship Program for refugees in July.
confronted the fact that since the Royal
Commission into Aboriginal Deaths in FREEDOM OF MOVEMENT
Custody handed down its recommendations Overzealous policing of COVID-19
in 1991, more than 400 Indigenous people restrictions, a lack of transparency on police
had died in police custody with no charges enforcement guidelines, the disproportionate
ever having been brought against detaining application of new regulations on
officers. marginalized communities and the extension
The over-representation of Indigenous of the state of emergency caused significant
people in prisons received heightened concern.
attention in both the media and in During the lockdown, police issued and
government policy. A report from the then retracted fines for activities such as
Australian Bureau of Statistics in September mountain biking, putting old holiday photos
showed Aboriginal and Torres Strait Islander on social media and for a teenager taking
people made up 29% of the prison driving lessons. People in Aboriginal
population but only 5% of the total communities with overcrowded and
population. inadequate housing reported being harassed
The movement to raise the age of criminal by police for having too many people in one
responsibility from 10 to 14 gained dwelling.

72 Amnesty International Report 2020/21


In July, in the city of Melbourne, state of spaces was generally prohibited. After
Victoria, 3,000 ethnically diverse people in restrictions were lifted at the end of April, the
seven public housing buildings, many of Constitutional Court ruled in July that a
whom had experienced war or persecution, blanket ban regarding public spaces was not
were put into “hard lockdown” without provided by law and was therefore
notice, unable to leave their homes for any unconstitutional.
reason and without any indication of when
the lockdown would lift. The Victorian FREEDOM OF ASSEMBLY
Ombudsman found the lockdown breached Under lockdown restrictions, all public
Victorian human rights law. gatherings and protests were banned by the
The COVID-19 restrictions coincided with relevant authorities. Public assemblies were
major Indigenous rights protests across the permitted again from May, provided the
country. During this time, some politicians necessary COVID-19 precautions were taken.
claimed that COVID-19 cases were linked to However, the authorities continued to impose
the protests, which was strenuously refuted unnecessary and disproportionate restrictions
by health authorities. on some demonstrations for health reasons
despite precautions being put in place by
LESBIAN, GAY, BISEXUAL, organizers. In September, a “Fridays for
TRANSGENDER AND INTERSEX (LGBTI) Future” march to demand action against
PEOPLE climate change in Linz was restricted to a
Attacks on the rights of the LGBTI community rally with a maximum number of 1,000
were made throughout the year through participants. In October, a regional
various attempts to change anti- administrative court ruled that these
discrimination laws at a federal and state restrictions were illegal.
level, which would prioritize the right to
freedom of religion over other rights. Some ECONOMIC, SOCIAL AND CULTURAL
advances were made by the state of South RIGHTS
Australia and the ACT to end “conversion” In July, concerns were expressed at the
practices for LGBTI people. multiple bureaucratic hurdles that 24-hour
care workers from other EU countries had to
overcome in order to access benefits
AUSTRIA provided by the COVID-19 hardship fund.1

Republic of Austria
RIGHTS OF WOMEN AND GIRLS
Head of state: Alexander Van der Bellen Following the March lockdown, domestic
Head of government: Sebastian Kurz (replaced Brigitte violence helplines reported a 38% increase in
Bierlein in January) calls from women seeking support and safety.
According to media reports, there were 24
There was an increase in calls to helplines femicides in 2020.
from victims of domestic violence during In December, the Constitutional Court
the COVID-19 lockdown. Afghan nationals overturned a law prohibiting primary school
continued to be deported to Afghanistan. children from wearing religious head
The Federal Government continued to coverings, finding that it breached the rights
refuse child asylum-seekers. There was a of Muslim girls who wear the headscarf,
rise in online abuse against Black people, including their right to freedom of religion
Muslims and refugees. and non-discrimination, and could lead to
their marginalization.
FREEDOM OF MOVEMENT
In March, a nationwide lockdown due to
COVID-19 was imposed and being in public

Amnesty International Report 2020/21 73


urged the creation of an independent and
RIGHTS OF REFUGEES AND ASYLUM- effective mechanism. They also expressed
SEEKERS concern that the lack of identification badges
In February it was announced that contracts for law enforcement officials was hindering
with civil society organizations providing legal access to justice.2
advice to asylum-seekers were to be
terminated at the end of the year and the COUNTER-TERRORISM AND SECURITY
responsibility given to an agency embedded Following a terrorist attack in Vienna in
in the Ministry of Interior. Concerns were November, authorities dissolved a number of
raised by several organizations about the Muslim associations on the basis of
potential implications for the fairness of the problematic procedures. In December, the
asylum procedure.2 government proposed several law reforms
Between January and March, 37 Afghan related to terrorism which gave rise to
nationals whose asylum claims had been concerns about how some of the new
rejected were deported to Afghanistan, in provisions may impact the human rights of
violation of the principle of non-refoulement particular groups of people.
which prohibits states from returning
individuals to a country where they would be
1. Kurzanalyse: Soziale Menschenrechte und COVID-19: Amnesty Fordert
at real risk of serious human rights violations. Verfassungsänderung in Österreich (Press release, 1 July, in German
There were no deportations to Afghanistan only)
from April to November due to the COVID-19 2. Austria: Human rights challenges persist - Amnesty International
pandemic, but in December, Austria submission for the UN Universal Periodic Review, 37th Periodic
Review (EUR 13/2855/2020)
resumed deportations to Afghanistan and 10
further Afghan nationals were deported.
The Federal Government continued to
refuse to accept asylum-seekers from the AZERBAIJAN
Greek islands, despite a resolution by the
Vienna State Parliament committing to Republic of Azerbaijan
receive 100 asylum-seeking children for Head of state: Ilham Aliyev
relocation. Head of government: Ali Asadov

FREEDOM OF EXPRESSION The civilian population suffered widespread


According to civil society organizations, from human rights abuses as a result of heavy
the beginning of the pandemic there was a fighting that erupted between Azerbaijan
significant increase in abuse and attacks and Armenian forces in Nagorno-Karabakh
online, especially against Muslims, Black in September. Conflict-related violence led
people and refugees. In December, a to deaths, injuries, destruction of
controversial bill regulating hate speech livelihoods and displacement. Authorities
online was approved by Parliament. Several intensified a clampdown on dissent using
organizations raised concerns that the bill the conflict with Armenia and the
was overly broad. COVID-19 pandemic as a pretext. Dozens of
opposition leaders and activists were
EXCESSIVE USE OF FORCE arbitrarily arrested and detained. Freedoms
In January, the newly elected government of assembly and expression were further
committed to establishing an independent restricted in response to growing public
investigation and complaints mechanism for discontent; freedom of association
allegations of ill-treatment and excessive use remained curtailed. Lawyers were harassed
of force by police. In August, over 40 and reports of torture and other ill-
individuals and civil society organizations, in treatment of government critics in detention
a joint letter to the responsible ministries, remained widespread.

74 Amnesty International Report 2020/21


opposition activist Tofig Yagublu was arrested
INDISCRIMINATE ATTACKS on trumped-up charges of hooliganism. On
On 27 September, heavy fighting erupted 18 September, the Court of Appeals in the
between Azerbaijan and Armenia and capital, Baku, replaced his prison sentence
Armenian-supported forces in Azerbaijan’s of four years and three months with house
break-away region of Nagorno-Karabakh. All arrest with immediate effect. Human rights
sides of the conflict used heavy explosive defender Elchin Mammad was arrested on
weapons with wide-area effects in densely 30 March on charges of theft, and sentenced
populated civilian areas, including ballistic to four years’ imprisonment on 18 October by
missiles and notoriously inaccurate rocket a court in Sumgait. Both men had publicly
artillery salvos, causing civilian deaths, criticized the authorities. Farkhaddin
injuries and widespread damage to civilian Abbasov, an ethnic Talysh activist
areas. Verified evidence indicated that both incarcerated for criticizing the authorities,
sides used cluster munitions, which is died in prison on 9 November, allegedly as a
banned under international humanitarian law, result of suicide. By the year’s end there had
including in the attack on Stepanakert/ been no effective investigation into his death.
Khankendi, capital of Nagorno-Karabakh Harassment of the political opposition
region, on 4 October, and on the city of climaxed when President Ilham Aliyev
Barda in an area under Azerbaijan blamed mass protests held on 15 July in
government control, on 28 October (see Baku on the opposition Popular Front Party
Armenia entry). of Azerbaijan (PFPA), accusing it of staging
an insurgency. Forty PFPA party activists,
WAR CRIMES including four senior leaders, were detained
War crimes were committed by Azerbaijani on politically motivated charges ranging from
forces in Nagorno-Karabakh. Several verified violating public order to resisting police.
videos depicted the mistreatment of prisoners International concern over the repression
of war and other captives, decapitations, and of dissent continued. In January, the Council
desecration of the dead bodies of enemy of Europe’s Parliamentary Assembly
soldiers.1 condemned “retaliatory prosecutions” and a
“troubling pattern of arbitrary arrest and
FREEDOM OF EXPRESSION detention of government critics”. In at least
The authorities intensified their crackdown as three separate cases during the year, the
increasing numbers of people voiced their European Court of Human Rights (ECtHR)
discontent in the streets, through social found political motives were behind the
media and other means. arbitrary detention of government critics; the
More than a dozen individuals, including cases concerned activists Bayram
journalists and opposition activists who Mammadov and Giyas Ibrahimov, prominent
criticized the authorities’ handling of the human rights defenders Leyla and Arif
pandemic, were sentenced to so-called Yunus, and investigative journalist Khadija
“administrative detention” of between 10 and Ismayilova.
30 days on bogus charges, including On 4 September, the Committee of
disobeying police orders or breaking the rules Ministers of the Council of Europe ended
of lockdown. infringement proceedings against Azerbaijan,
The authorities intensified arrests on after the Supreme Court of Azerbaijan
politically motivated criminal charges. A acquitted Ilgar Mammadov and Rasul
string of arrests of government critics Jafarov, two of the applicants the ECtHR had
followed the announcement by President ruled were wrongfully imprisoned for their
Ilham Aliyev on 19 March on “isolating” and criticism of the government. Six other
“clearing” his country’s opposition in the face applicants, including prominent human rights
of pandemic. On 25 March, prominent defenders who were in the Ilgar Mammadov

Amnesty International Report 2020/21 75


group of cases, were not acquitted despite peacefully in front of the Parliament building
the call by the Committee to quash their in Baku to demand a stronger military
convictions. They continued to endure the response against Armenian forces following
consequences of arbitrary criminal clashes at the border. The protests turned
convictions, such as travel bans and the violent when a small group of protesters
inability to access bank accounts. entered the building without permission.
Police and security forces used excessive
FREEDOM OF ASSOCIATION force, including water cannons, to remove
Despite the commitment to simplify NGO the intruders and disperse the crowd outside.
registration requirements and streamline the The clashes that ensued left several
receipt of foreign funding, as per an Action protesters and journalists injured, and police
Plan for Open Government adopted by the officers confiscated the equipment of some
Azerbaijani government in February, journalists covering the rally. Seventy people
obstacles to officially registering independent were detained immediately after the
NGOs remained in place and the arbitrary demonstration.
denial of registrations and grant applications
continued. Independent NGOs were unable TORTURE AND OTHER ILL-TREATMENT
to resume their activities, while their leaders Reports of torture and other forms of ill-
continued to face penalties arising from treatment remained widespread.
unfounded criminal convictions, which also In February, ruling in the case of
prevented them from standing in elections. Ibrahimov and Mammadov v. Azerbaijan, the
Human rights lawyers continued to face ECtHR found that the two activists “had been
harassment for performing their professional subjected to ill-treatment by police officers
duties, affecting their independence and which had been aimed at forcing them to
willingness to take on human rights cases. In confess to serious charges”, and that the
June, lawyer Javad Javadov was arbitrarily authorities had failed to effectively investigate
reprimanded by the Bar Association in the torture allegations.
retaliation for publicizing information on People detained following the 15 July
social media about the alleged ill-treatment of protests were held in crowded, hot,
his client Kerim Suleymanli in police custody. unventilated police detention rooms with
Also in June, the ECtHR ruled that the limited food and water. They were reportedly
suspension and disbarment of prominent beaten and abused while being denied
lawyer Khalid Bagirov for questioning the access to lawyers and their families.
fairness of the court decision in the case of
his client, had violated his right to private life
1. Armenia/Azerbaijan: Decapitation and war crimes in gruesome videos
and freedom of expression. must be urgently investigated (News story, 10 December)

FREEDOM OF ASSEMBLY
The right to freedom of assembly remained
severely restricted while protesters continued
BAHRAIN
to be penalized simply for participating
Kingdom of Bahrain
peacefully in public gatherings.
Head of state: Hamad bin Isa Al Khalifa
On 11 and 16 February, police violently Head of government: Salman bin Hamad Al Khalifa
broke up and dispersed protests against (replaced Khalifa bin Salman Al Khalifa in November)
electoral fraud in parliamentary elections in
front of the Central Election Commission in
Baku, beating and arresting protesters. Unfair trials of protesters, online critics of
On 15 July, police used excessive force to the government and relatives of these
break up a demonstration begun the previous individuals continued, as did other
day, when thousands had gathered suppression of freedom of expression.

76 Amnesty International Report 2020/21


Group trials of excessive numbers of days later, the Ministry of Interior announced
defendants, in some cases amounting to that its Cyber Crime Directorate had assigned
mass trials, as well as other unfair trials, employees to “monitor and track offending
also continued. Detainees were ill-treated [social media] accounts”. This led to scores
and, in some cases, tortured. The Ministry of new investigations and prosecutions under
of Interior’s Ombudsman, the government’s Article 168 of the Penal Code, which
National Institution for Human Rights criminalizes publication of “false news”.
(NIHR) and the Office of Public Individuals who spoke out about human
Prosecution’s Special Investigation Unit rights violations, and their relatives, faced
(SIU) remained ineffective in safeguarding reprisals. The authorities brought more than
human rights and punishing violations. 20 cases against Kameel Juma Hasan, the
Women faced discrimination under Bahraini 17-year-old son of former prisoner Najah
law. Prison conditions were poor. Dire living Ahmed Yusuf, after they both refused to be
conditions for migrant workers left them informants for state security, and after Najah
particularly vulnerable to infection during Ahmed Yusuf had told international human
the COVID-19 pandemic. rights groups and media that she had been
sexually assaulted during interrogation in
BACKGROUND 2017.2
The Bahraini authorities’ response to the In June, Nabeel Rajab, head of the
COVID-19 pandemic included significant outlawed Bahrain Centre for Human Rights,
restrictions on movement and social life. was released from prison on probation, after
There were reportedly very high levels of serving four years for posting on Twitter
testing, but this lacked basic transparency criticizing the government’s human rights
and did not include adequate protections for record.
migrant workers. The authorities rolled out an Twelve of the country’s most prominent
invasive contact tracing app, putting the Shi’a civic, religious and political leaders
privacy of millions at risk by tracking users’ remained in prison. Eleven had been in
locations in real time.1 prison since 2011 for their participation in
Bahrain continued to deny access to mass opposition demonstrations that year.
independent human rights monitors, Sheikh Ali Salman, leader of the largest legal
including Amnesty International, Human political bloc in Bahrain between 2006 and
Rights Watch and UN human rights bodies. 2011, continued serving a life sentence
Bahrain remained a member of the coalition imposed in 2018 based on falsified charges
led by Saudi Arabia in the armed conflict in of “spying” for Qatar.
Yemen. The prominent Shi’a cleric Sheikh Isa
Qasim remained in forced exile in Iran, where
FREEDOM OF EXPRESSION he went in 2018 after the Bahraini authorities
Bahrain has no independent media. All had revoked his citizenship.
locally based newspapers and broadcasters
support the government and are owned and/ TORTURE AND OTHER ILL-TREATMENT
or managed by people close to the Prosecutors failed to effectively address
government. complaints of torture brought before them,
Bahrain used the pretext of COVID-19 to despite widespread reports of it at specific
further repress freedom of expression. In sites, with detainees often identifying the
March, the Office of Public Prosecution agency and sometimes the name and rank of
threatened to act against anyone publishing the alleged torturers. In Bahrain there is no
or circulating “false news” or “biased known record of a successful prosecution for
rumours” on the grounds that “the current torture to force a confession in the past four
circumstances” called for “support for the years.
agencies and institutions of the state”. A few

Amnesty International Report 2020/21 77


On 13 July, the Court of Cassation, pandemic and infections among prison staff,
Bahrain’s highest judicial authority, upheld prisoners at Jaw were not given masks,
for the second time the death sentences gloves, hand sanitizer, or regular testing for
handed down in 2014 on Mohamed the virus.
Ramadhan Isa and Husain Ali Moosa. In a Ahmed Merza Ismaeel, a prisoner with
rare investigation into a torture complaint, the sickle cell anaemia – which can cause
prosecution’s Special Investigation Unit had extreme pain when left untreated – continued
found “suspicion of the crime of torture” to receive only sporadic medication from the
behind Husain Ali Moosa’s “confessions.” prison administration.
However, the appellate court’s verdict once In August, just after the Shi’a holy day of
again relied on Husain Ali Moosa’s Ashura, guards at Dry Dock Juvenile Reform
“confession” as evidence, and stated and Rehabilitation Centre near al-Hidd
incorrectly that Mohamed Ramadhan Isa had confiscated personal religious items from the
also signed a confession. cells of some of the children, including from
Also in July, the Ministry of Interior’s 17-year-old Kameel Juma Hasan. In
Ombudsman asserted that multiple cases September, his family complained to the
referred to it relating to detainees who had NIHR that he was suffering from dental pain,
been held incommunicado were beyond its but no treatment was given. Another child
remit. This was despite its clear statutory held in the same wing reported that he
mandate to investigate all violations of law by received no treatment for pain and bleeding
Ministry of Interior personnel.3 in his ear canal.
In September, credible reports emerged There were no statements or reported
that guards in Jaw prison had beaten Ali prison visits by the Prisoners and Detainees
AbdulHusain al-Wazeer, breaking many of his Rights Commission, a monitoring body
bones. However the Ombudsman, the SIU established following the 2011 political
and the NIHR all failed to effectively address unrest.
the case despite being informed of it.
WOMEN’S RIGHTS
Prison conditions Women continued to face discrimination
Prison conditions, especially in the central under Bahraini law. Article 4 of the
prison at Jaw in south-eastern Bahrain, were Nationality Law prevents Bahraini women
poor, with lack of sanitation and frequent ill- from passing on their nationality to their
treatment, including arbitrary confiscation of children, and Article 353 of the Penal Code
personal items, reprisals for speaking out, provides impunity for rape if the rapist
and denial of adequate medical care. marries his victim.
In April, the administration of Jaw prison In a positive step, in August the Ministry of
put the jailed journalist Mahmood Labour and Social Development’s Decision
AbdulRedha al-Jazeeri in several days of No. 51 annulled the regulation that had
solitary confinement after he had sent out a limited professions available to women.
recorded message criticizing as a whitewash However, the Minister retained the authority
a televised COVID-19 safety inspection of the to impose such restrictions under Article 31
prison by the NIHR. The NIHR failed to of the Domestic Privsate Sector Labour Law
investigate or condemn this punishment. of 2012.
In January, following an outbreak of Bahrain maintained its reservation to the
scabies lasting for several months at Jaw core principle of Article 2 of CEDAW,
prison, the NIHR – instead of urging better maintaining that it would not be bound by
conditions for prisoners – reiterated the call any provisions of the treaty that do not
by prison authorities for prisoners with comply with “Islamic Shari’a”.
“allergies” to comply with official “health
instructions”. Despite the COVID-19

78 Amnesty International Report 2020/21


MIGRANTS’ RIGHTS
The sponsorship (kafala) system for
BANGLADESH
employing migrant workers in Bahrain put People’s Republic of Bangladesh
migrant workers in an even more vulnerable Head of state: Abdul Hamid
position and at risk of contracting COVID-19 Head of government: Sheikh Hasina
during the pandemic.4 This was in addition to
unsanitary living conditions in overcrowded Journalists were increasingly persecuted for
accommodation, scarce legal protection and reporting corruption and criticizing the
limited access to preventive health care and government’s COVID-19 policies. The
treatment. draconian Digital Security Act (DSA) 2018
was widely enforced to curtail freedom of
UNFAIR TRIALS expression. Police and other law
The Court of Cassation continued to uphold enforcement agencies continued to carry
the outcomes of flawed mass trials. In June, out extrajudicial executions. Violence
it rejected 48 of 49 appeals from a mass trial against women increased during the
of 169 individuals charged with joining a COVID-19 pandemic. Implementation of the
terrorist organization. A group trial of 39 Shi’a Chittagong Hill Tracts Agreement remained
defendants, including 14 children, concluded stalled and a crackdown on Indigenous
on 13 September with prison sentences for activists intensified. People’s right to health
all defendants, some of whom were care was not adequately protected or
prevented from attending court for the fulfilled during the pandemic. Bangladesh
verdict. On 3 November another mass trial of continued to shelter nearly 1 million
52 alleged members of a “terrorist cell” Rohingya refugees from Myanmar as little
concluded with 51 convictions. progress was achieved towards their safe,
dignified return.
DEATH PENALTY
Courts continued to hand down death BACKGROUND
sentences, in some cases following grossly Bangladesh’s health care system and
unfair trials. economy suffered heavily because of the
The Court of Cassation confirmed the COVID-19 pandemic. Since the first
death sentences against Zuhair Ebrahim confirmed COVID-19 case on 8 March,
Abdulla and Husain Abdulla Khalil on 15 infections spread quickly throughout the
June, and against Mohamed Ramadhan Isa country and the health care system was
and Husain Ali Moosa on 13 July. No overwhelmed. The economy took a double hit
executions were reported. due to the slump in domestic demand and a
sharp decline in exports. Millions of workers,
especially those working on low wages, for
1. Bahrain, Kuwait and Norway contact tracing apps among most
dangerous for privacy (Press release, 16 June) example in the garment industries and in the
2. Bahraini youth targeted in family reprisal (MDE 11/3011/2020))
informal sector, were badly affected by the
economic shock. There was also rampant
3. Bahrain: Joint public letter to King calling for commutation of death
sentences ((MDE 11/2861/2020)) mismanagement and corruption in relief
distribution, and the authorities increased
4. Bahrain: Ensure protection of migrant workers in COVID-19 response
((MDE 11/2168/2020)) their repression of journalists and media
outlets that reported these scandals. Rallies
and marches could not take place because of
physical distancing rules.

Amnesty International Report 2020/21 79


University and Begum Rokeya University
FREEDOM OF EXPRESSION were sacked for Facebook comments they
The government continued to use the made about a deceased ruling party Member
draconian Digital Security Act (DSA) 2018 to of Parliament.
suppress the right to freedom of expression
and to target and harass journalists and FREEDOM OF ASSEMBLY
human rights defenders. Despite repeated The right to freedom of peaceful assembly
calls from civil society and human rights continued to be severely restricted. The
organizations to repeal controversial and COVID-19 pandemic limited outdoor political
punitive provisions of the DSA, the law was activities after March, and indoor meetings of
not amended. opposition parties were targeted by the
According to official statistics, more than authorities. Between January and December,
900 cases were filed under the DSA between the government officially blocked 17 public
January and December; nearly 1,000 people gatherings using Section 144 – a legal
were charged and 353 detained.1 At least provision under the Penal Code 1860 that
247 journalists were reportedly subjected to permits the authorities to prohibit gatherings
attacks, harassment and intimidation, by of five or more people and the holding of
both state agencies and individuals affiliated public meetings on grounds of public safety.
with the government. The government also blocked or dispersed a
In April, Mohiuddin Sarker, the acting number of other political gatherings.
editor of Jagonews24.com, and Toufiq Imroz In January, members of the ruling party,
Khalidi, editor-in-chief of bdnews24.com, Awami League, physically attacked the
were charged under the DSA for publishing opposition Bangladesh Nationalist Party’s
reports on embezzlement of relief materials (BNP) mayoral candidate in Dhaka City North
intended for people economically affected by during his campaign, injuring him and
the COVID-19 lockdown. Both men were several of his followers.
granted bail from the High Court and were In February, police baton-charged and
awaiting trial at the end of the year. violently dispersed a series of meetings
In May,Ramzan Ali Pramanik and Shanta organized by the BNP and its affiliated
Banik, news editor and staff reporter organizations across the country. In July,
respectively of Dainik Grameen Darpan police stopped an indoor discussion meeting
newspaper, and Khandaker Shahin, of the newly formed Amar Bangladesh Party
publisher and editor of the online news portal in Brahmanbaria district without any
Narsingdi Pratidin, were arrested for provocation.
reporting on a death in custody at Ghorashal In August, police in the southern district of
police station. In June, AMM Bahauddin, the Barguna violently dispersed a peaceful rally
editor of Bangla national newspaper Inqilab, and human chain organized to demand the
was charged for publishing a story about an release of a graduate student of Stamford
adviser to the Prime Minister. The trial was University in Dhaka. Videos suggest that the
pending with the court at end of year. police broke up the human chain violently
Academics were also persecuted for without any provocation from the protesters.2
peacefully exercising their right to freedom of
expression. In September, the Dhaka EXTRAJUDICIAL EXECUTIONS AND
University authorities dismissed Professor ENFORCED DISAPPEARANCES
Morshed Hasan Khan for publishing an At least 222 people were killed by the
opinion piece in a national newspaper, and security forces in alleged extrajudicial
the National University authorities dismissed executions – 149 people were killed without
Professor AKM Wahiduzzaman for posting a being arrested, 39 were killed after arrest,
comment on Facebook about the Prime and others died during torture or in other
Minister. In June, two professors at Rajshahi circumstances. At least 45 Rohingya

80 Amnesty International Report 2020/21


refugees were allegedly extrajudicially Indigenous activists accused military and
executed by members of different law intelligence agencies of sowing divisions
enforcement agencies during the year, mostly between Indigenous political groups. These
during operations as part of the “war on divisions continued to contribute to
drugs”, a government campaign launched in communal violence in the CHT region. At
2018 which has resulted in thousands of least 69 Indigenous political activists were
extrajudicial executions. killed in local clashes during the year. At least
Nine incidents of enforced disappearance 50 Indigenous activists were abducted, and
were reported during the year: a college approximately 82 houses belonging to
teacher, an editor, a businessperson, two Indigenous people were set on fire in clashes
students, and four opposition activists. Three between local political groups.
were later “found” by the police and then In June, three Indigenous activists were
detained, and a student leader was released abducted in Sadar Upazila in Rangamati
by undisclosed captors after 48 hours amid district. Their families accused the United
intensified protests from civil society and People’s Democratic Front – a breakaway
human rights organizations. One political faction of the main Indigenous political party,
activist was found dead, and four others which is allegedly backed by the state
remained missing at the end of the year. security agencies – of the abduction.
In August, an Indigenous woman and girl
VIOLENCE AGAINST WOMEN AND GIRLS were gang-raped by settler Bengali men in
According to the human rights organization Lama, Bandarban district. In September,
ASK, at least 2,392 cases of violence against Indigenous political activist U Thowai Aoi
women were reported during the year. These Marma was subjected to enforced
included 1,623 reported rapes (331 against disappearance in Rowangchhari in
girls under 12 years old), 326 attempted Bandarban district. His family and local
rapes, and 443 cases of physical assault. The people accused members of the Bangladeshi
victims included Indigenous women and military of the abduction. His whereabouts
girls. At least 440 women and girls were remained unknown at the end of the year.
murdered after physical assault, rape, or
attempted rape. REFUGEES AND ASYLUM-SEEKERS
In October, a video was shared widely on Bangladesh continued to host nearly 1
social media showing a woman being million Rohingya refugees, a persecuted
stripped of her clothes, kicked, punched and ethnic minority group whose members fled
sexually assaulted by a group of five men. Myanmar in August 2017. Despite little
The attack, which is believed to have taken progress in repatriation discussions with
place on 2 September, triggered a mass Myanmar, Bangladesh maintained its official
public outcry and nationwide protests. position that only safe, dignified and
voluntary returns of the Rohingya refugees
INDIGENOUS PEOPLES’ RIGHTS – could put an end to their current situation.
CHITTAGONG HILL TRACTS The refugees faced restrictions of their
At least 285 human rights violations were rights in Bangladesh. The authorities’
recorded in the Chittagong Hill Tracts (CHT) construction of barbed wire fences around
during the year, including three extrajudicial the refugee camps curtailed their right to
executions, 99 arbitrary detentions, 54 cases freedom of movement. Restrictions on the
of physical abuse, 104 house raids and 25 refugees’ access to high-speed mobile
incidents of property damage by state internet services, in place since September
security agencies. Of those arbitrarily 2019, were partially lifted on 24 August.3
detained, 50 were sent to prison and the rest The outbreak of COVID-19 affected an
were released. already overburdened health care system in
the camps, and refugees lacked access to

Amnesty International Report 2020/21 81


health care. In May, the Bangladeshi movement was restricted. The disruption to
authorities took more than 300 Rohingya economic activity and the closure of
refugees to Bhashan Char, a remote silt businesses  led many workers to either lose
island in the Bay of Bengal. By December the their jobs or experience a significant drop in
authorities had relocated a further 1,642 income. The workers affected by the crisis
Rohingya refugees to the island. The had little or no social protection, so their right
authorities planned to relocate about to work and to an adequate standard of living
100,000 refugees to Bhashan Char, a move were significantly undermined. More than five
which was largely opposed, principally by million workers in the informal sector, and
human rights organizations, as the island is approximately four million garment workers
prone to regular floods, especially during the (80% of whom were women), were most
rainy season, and is vulnerable to frequent affected.
cyclones. In interviews with Amnesty
International, at least five Rohingya family
1. Bangladesh: Escalating attacks on the media must stop (Press
members representing 23 refugees alleged release, 8 October)
that the authorities had coerced them to 2. Bangladesh: Rising attacks on freedom of expression and peaceful
relocate to the island.4 assembly must be urgently stopped (Press release, 11 August)
3. Let us speak for our rights: Human rights situation of Rohingya
RIGHT TO HEALTH refugees in Bangladesh (ASA 13/2884/2020)
The COVID-19 pandemic put an enormous 4. Bangladesh: Plan to relocate hundreds of Rohingya to remote island
strain on the country’s health care system. must be dropped (Press release, 20 November)
Given the history of low public health care 5. Bangladesh must put human rights at the centre of its COVID-19
spending in the country, facilities were found response strategies (ASA 13/2268/2020)
to be inadequate, ill-prepared and ill-
equipped to tackle the crisis.5 According to
the Bangladesh Medical Association, more
than 8,000 health workers, including 2,887
BELARUS
physicians, 1,979 nurses and 3,245 other Republic of Belarus
medical staff tested positive for COVID-19. Head of state: Alyaksandr Lukashenka
Among them, at least 123 physicians died, Head of government: Raman Halouchanka (replaced
and the Doctors’ Association stated that the Sergei Rumas in June)
infections among medical staff could have
been reduced if immediate measures had The year was characterized by recurrent
been taken. peaceful protests, with the presidential
The lack of available and accessible election in August serving as a catalyst for
critical health care services related to the most egregious crackdown on freedoms
COVID-19 created a major public health of expression, peaceful assembly and
crisis across the country, as many public and association in Belarus’ post-independence
private hospitals turned away patients with history. Opposition candidates, their
COVID-19 symptoms due to fear of infection, campaign teams and associates were
even though they had capacity. This practice arrested on false charges or forcibly exiled.
led to the deaths of hundreds of people. Police used excessive and indiscriminate
force to disperse demonstrations. Tens of
WORKERS’ RIGHTS thousands of peaceful protesters and
When the COVID-19 pandemic broke out in bystanders were detained, and many of
early March, the Bangladeshi authorities them tortured or otherwise ill-treated.
introduced nationwide lockdown measures Journalists, medics, students, union leaders
termed “public holidays”, from late March to and others were also targeted with arrest,
May. During the lockdown, major business beatings and prosecution. The government’s
activities were disrupted, and freedom of initial response to the COVID-19 pandemic

82 Amnesty International Report 2020/21


was inadequate. Death sentences continued legislative changes, administrative pressure
to be imposed. and the use of technical means such as
internet blackouts.
BACKGROUND The media remained under tight
A worsening economic outlook, poor handling government control. Independent journalists
of the COVID-19 pandemic and numerous and media organizations were harassed and
incendiary comments by President prevented from carrying out their legitimate
Alyaksandr Lukashenka, amongst other work. Local monitors documented over 400
issues, saw his popularity drop dramatically. such instances, including arrests, torture and
In the run-up to the presidential election on 9 other ill-treatment of media workers, between
August, he made misogynistic May and October alone. International media
pronouncements in statements broadcast on outlets had their accreditation denied or
prime time television while arbitrary arrests, revoked to prevent uncensored reporting.
politically motivated prosecutions and other Domestic newspapers, such as
reprisals escalated against opposition Komsomolskaya Pravda in Belarus, faced
candidates and their supporters, political and refusals from state-controlled printing houses
civil society activists, and independent to print issues criticizing authorities. Major
media. An opposition coalition around online news outlet TUT.by had its licence
presidential candidate Svyatlana suspended by the authorities. Natallia
Tsikhanouskaya led women to the forefront of Lyubneuskaya, a journalist working for the
a burgeoning protest movement which independent newspaper Nasha Niva, was
spread across the country and society. one of at least three journalists shot at by
President Alyaksandr Lukashenka claimed a police with rubber bullets, on 10 August. She
landslide victory, although the result was required surgery and was hospitalized for 38
strongly disputed by Svyatlana days. Several bloggers and journalists were
Tsikhanouskaya and regarded as fraudulent targeted with politically motivated criminal
by numerous independent election monitors. prosecutions, including the co-author of a
The OSCE, which was prevented from popular Telegram channel, Ihar Losik,
observing the elections, noted credible arrested on 25 June on trumped-up charges
reports of widespread irregularities and pending trial.
serious administrative misconduct. Protests The authorities co-opted internet providers
against the conduct of the election and the and imposed a near-total shutdown of mobile
results quickly engulfed Belarus and were internet during the first three days of post-
overwhelmingly peaceful despite a brutal election protests − and subsequently during
crackdown by the authorities. Individuals weekly protests − to prevent the co-ordination
regarded as protest opinion leaders were of demonstrations and undermine the
swiftly arrested or forcibly exiled. Relations exchange of information. Access restrictions
with much of the international community were routinely imposed on independent
deteriorated drastically and targeted media websites.
sanctions were introduced against scores of Dissenting views that spread across all
Belarusian officials implicated in electoral sectors of society were brutally and directly
and human rights violations. Russia suppressed. Students, academics, athletes,
expressed its support for the Belarusian religious and cultural figures and employees
authorities, providing financial assistance. of state enterprises were expelled or sacked
from their posts and many faced
FREEDOM OF EXPRESSION administrative and even criminal sanctions
The right to freedom of expression was for speaking against the authorities,
severely curtailed in an attempt to curb all supporting peaceful protest, or taking part in
opposition and dissent, including through the strikes.
targeting of individuals and media outlets,

Amnesty International Report 2020/21 83


in a single day.3 Local human rights
Women organizations documented over 900 criminal
Women with dissenting views faced gendered cases with at least 700 individuals facing
reprisals and were targeted via their charges.
perceived vulnerabilities, including through Police (often plain-clothed) used excessive
threats of sexual violence or of their young and indiscriminate force, including rubber
children being placed in state care.1 bullets fired at short-range into crowds, stun
grenades, chemical irritants, water cannons,
FREEDOM OF ASSEMBLY automatic firearms with blank cartridges,
The right to freedom of assembly remained truncheons and other means to disperse
severely and unduly restricted. Penalties peaceful crowds and apprehend individuals.
issued to peaceful protesters under At least four people were killed by
administrative law were often heavier than government forces4 and several others died
sanctions applied for certain criminal under suspicious circumstances.
offences. While many protesters and bystanders
At the start of the year, dozens of activists were attacked randomly and arbitrarily,
were heavily fined or sentenced to others were targeted for their professional
“administrative arrest”, including lengthy activity, including media workers
consecutive multiple terms of 15 days (the documenting events or medics who
legal maximum) for “administrative voluntarily attended to the wounded. Others
offences”, purportedly committed during were singled out because of their sexual
peaceful protests at the end of 2019. identity. On 26 September, human rights
Overall, between the start of the defender Victoria Biran was detained on her
presidential campaign in May and the way to a rally after being identified by police
election, hundreds of peaceful protesters, officers as an LGBTI activist and sentenced
online activists, independent journalists and to 15 days’ “administrative detention”.
others were arbitrarily detained, including by
men in plain clothes using unlawful force and FREEDOM OF ASSOCIATION
unmarked vehicles, and dozens received The authorities waged a campaign of brutal
fines or “administrative arrest”. Following the persecution against all forms of independent
election, hundreds of thousands of association intended to protect human rights
Belarusians regularly and peacefully took to and peaceful opposition to the regime,
the streets across Belarus to protest, tens of including monitoring initiatives, opposition
thousands were arrested, and hundreds were campaigning teams and independent trade
subjected to torture and other ill-treatment unions. Scores of people were subjected to
and heavily penalized. Amnesty International arrest, unfounded criminal prosecution or
directly witnessed the unfounded, arbitrary, “administrative detention”, threats of
and brutal nature of a number of these imprisonment and forcible exile.
arrests.2 On 6 May popular blogger and presidential
Between 9 and 12 August alone, the hopeful Syarhei Tsikhanouski was subjected
government confirmed the detention of 6,700 to 15 days’ unfounded administrative
protesters. Weekly peaceful protests detention to prevent his candidacy,
continued across the country, both on the prompting his wife, Svyatlana
streets and within government-owned Tsikhanouskaya, to stand herself. On 29 May,
enterprises, theatres, universities and while he was gathering signatures for her in
elsewhere. By mid-November, official and Hrodna, an attempt was made to provoke
independent figures estimated that over him and he was immediately arrested
25,000 people had been detained including alongside at least seven of his associates.5
numerous bystanders and journalists. They and several other prominent opposition
Repeatedly, over 1,000 people were detained bloggers were later prosecuted as part of the

84 Amnesty International Report 2020/21


same criminal investigation under Article 342 for the same “offence”, between September
of the Criminal Code (“organization or active and November.
participation in group actions that grossly
violate public order”). TORTURE AND OTHER ILL-TREATMENT
Another presidential hopeful, Viktar The authorities systematically used torture
Babaryka, his son Eduard Babaryka, and other ill-treatment against people
members of his team and former colleagues detained during protests, including
were also detained on trumped-up economic participants, journalists and bystanders.
charges, to exclude him from the election Local and international groups documented
and warn other presidential hopefuls. hundreds of cases across the country.
The opposition Coordination Council, UN human rights experts received 450
formed by Svyatlana Tskhanouskaya and led testimonies of ill-treatment of detainees
by a Presidium of seven people, was supported by photo, video and medical
condemned as “an attempted seizure of evidence, documenting a horrific litany of
power” by President Lukashenka, and on 20 abuses. They describe how protesters were
August a criminal investigation was opened tortured and ill-treated during arrest,
under Article 361 of the Criminal Code (“calls transportation and detention in severely
to actions seeking to undermine national overcrowded facilities. Protesters were
security”). By the end of the year, all humiliated, brutally beaten, subjected to
Presidium members were under arrest or sexual violence, including against women
forced into exile, as were many of their and minors, and deprived of access to food,
associates.6 clean water and medical care during lengthy
On 7 September, the authorities abducted periods of detention. Detainees were also
opposition leader Maryia Kalesnikava and denied the right to inform their relatives of
drove her and two colleagues to the border of their whereabouts, in some instances for the
Ukraine, demanding that they leave the entire period of “administrative arrest”, and
country under threat of imprisonment. The denied access to their lawyers. Parcels and
colleagues crossed into Ukraine but Maryia letters were withheld, and warm clothes and
Kalesnikava tore up her passport to prevent hygiene products were confiscated including
expulsion. She remained in unacknowledged, for menstruating women.
incommunicado detention for two days, after The Belarusian authorities admitted
which she was remanded as a criminal receiving some 900 complaints of abuse by
suspect on trumped-up charges, as was police in connection with the protests but by
another Presidium member, Maksim Znak. the end of the year not a single criminal
Marfa Rabkova from the NGO Human investigation had been opened, nor had any
Rights Centre “Viasna”, was arrested on 17 law enforcement officer been charged with
September and remanded as a criminal respective violations.
suspect, charged with “preparation of mass
riots” in connection with her human rights RIGHT TO HEALTH
work. The government’s initial response to the
The leader of the Belarusian Independent pandemic was inadequate. President
Trade Union, Anatoli Bakun, was repeatedly Alyaksandr Lukashenka dismissed COVID-19
arbitrarily detained in connection with as a “psychosis”, blamed the first confirmed
political strikes at the Belaruskali potash casualties on their own lifestyle,
mine in Salihorsk, and consecutively recommended tractor driving, vodka and
sentenced to a total of 55 days of visits to the sauna as remedies and refused
“administrative arrest” for violating the law on to impose major restrictions.
mass gatherings. Three other trade union
activists, Yury Karzun, Syarhei Charkasau
and Pavel Puchenya, served 45 days each

Amnesty International Report 2020/21 85


DEATH PENALTY RIGHT TO HEALTH
Belarus remained the sole country in Europe Older people in care homes
and the former Soviet Union to impose death Over half of the deaths from COVID-19 were
sentences. At least four men were on death older people living in care homes. Violations
row at the end of the year, and at least three of the residents’ right to health, life and non-
death sentences were handed down; two of discrimination resulted from government
which were to brothers aged 19 and 21. No failures, including: structural shortcomings;
executions were reported. lack of priority attention at the onset of the
pandemic; failure to ensure access to
hospitals; insufficient provision of personal
1. Crackdown from the top: Gender-based reprisals against women
activists in Belarus (Public statement, 17 July) protective equipment for staff and lack of
2. Belarus: Police unleash appalling violence on peaceful protesters
access to testing.1
(News story, 10 August)
3. Belarus: More than 1,000 people arrested in a single day of peaceful Prison conditions
protests amid escalating repression of rights (News story, 9 Overcrowding in dilapidated prisons
November) continued, with insufficient access for
4. Belarus: Peaceful protester held by police after beating dies in inmates to basic services, including health
hospital (News story, 13 November)
care and sanitary facilities. COVID-19
5. Belarus: A criminal case involves a growing number of the regime’s measures – including temporary, early and
critics (Public statement, 30 July)
conditional release – temporarily reduced
6. Belarus: “They are stealing the best of us”. Arbitrary arrests and overcrowding. But other measures limited
forced expulsion of leading opposition activists (Public statement, 10
September)
prisoners’ rights, including by reducing their
contact with the outside world.

BELGIUM EXCESSIVE USE OF FORCE


A police chase in April in the capital,
Brussels, resulted in the death of a 19-year-
Kingdom of Belgium
old who fled for fear of being fined for breach
Head of state: Philippe
of COVID-19 restrictions. His scooter collided
Head of government: Alexander De Croo (replaced
Sophie Wilmès in October) with a police car.2
In August, media released leaked video
footage from inside a holding cell at Charleroi
The government response to COVID-19 Airport, where Slovakian national Jozef
raised human rights concerns, including in Chovanec was detained in February 2018.
relation to health, asylum-seekers, policing He suffered a cardiac arrest following a
and privacy. The government established violent altercation with police officers and
extra care centres for survivors of rape and later died in hospital. The footage shows
sexual violence. The Wallonia region officers joking and one making a Nazi salute
authorized arms transfers to the Yemen next to the restrained man. A criminal
conflict. investigation was ongoing.

BACKGROUND GENDER-BASED VIOLENCE


A coalition government was formed in In March, a survey on sexual violence in
October, following elections in May 2019. Belgium was published which had
Almost 20,000 people were estimated to interviewed 2,300 people aged 15 to 85. In it,
have died from COVID-19. Lockdown 20% of female and 14% of male respondents
measures restricted freedom of movement said they had been raped.3
and other human rights. In June, the government decided to
establish seven extra care centres for

86 Amnesty International Report 2020/21


survivors of sexual violence; such centres including by ensuring the swift erasure of
already existed in three cities. data allowing identification.4

RIGHTS OF REFUGEES, ASYLUM- IRRESPONSIBLE ARMS TRANSFERS


SEEKERS AND MIGRANTS Concerns remained that continued
In March, due to COVID-19, the authorities authorization of arms transfers by the
closed the office accepting asylum claims. Wallonia region to the Saudi-led coalition in
Hundreds of people were temporarily denied Yemen could mean such arms being used to
access to asylum and consequently to food commit or facilitate serious violations of
and housing. The authorities established an international human rights and humanitarian
online registration system that was law. Following legal action by NGOs, the
inadequate. In over 100 individual cases, the Council of State annulled several such
Labour Court ordered the Federal Service for licences.
reception of asylum-seekers to ensure access
to material assistance.
1. Les maisons de repos dans l’angle mort: Les droits humains des
In September, a government commission personnes âgées pendant la pandémie de COVID-19 en Belgique (in
tasked with reviewing returns and removal French only) (Report, November)
procedures and practices, presented its 2. Policing the pandemic: Human rights violations in the enforcement of
report to Parliament, which called for COVID-19 measures in Europe (EUR 01/2511/2020)
increased use of repressive measures, 3. Sondage sur le viol: Chiffres 2020 (in French only) (Article, 4 March)
including pre-removal detention and harsher 4. Global: COVID-19, surveillance and the threat to your rights (Press
penalties for irregular entry. Civil society release, 3 April)
organizations criticized the regressive
approach and presented an alternative report
with human rights-compliant proposals. BENIN
DISCRIMINATION Republic of Benin
“Stop Ethnic Profiling”, a platform launched Head of state and government: Patrice Athanase
in June, expressed concern that ethnic Guillaume Talon
profiling by police increased during
lockdown. The rights to freedom of expression and
In July, four local police forces adopted a peaceful assembly were unduly restricted;
framework outlining how police should avoid journalists and health workers were unjustly
ethnic profiling. prosecuted, harassed and intimidated. The
police used excessive force while policing
FREEDOM OF ASSEMBLY demonstrations and enforcing public health
In June, 10,000 people protested against restrictions. Discrimination against women
racism and police violence in Brussels. In and minorities persisted and LGBTI people
response to the pandemic, public gatherings suffered harassment and violence.
were banned, but the authorities tolerated the
protest. In several other towns, local BACKGROUND
authorities banned smaller protests. Tensions between the government and
opposition parties persisted following
RIGHT TO PRIVACY disputed parliamentary elections in 2019.
The state response to COVID-19 included the The African Court on Human and Peoples’
increased collection, retention and Rights (African Court) requested that Benin
aggregation of personal data. Privacy experts suspend the May local elections, pending its
and civil society organizations advocated for decision on a case brought by political
safeguards to protect the right to privacy, opponent, Sébastien Ajavon, concerning the
exclusion of the Social Liberal Union Party

Amnesty International Report 2020/21 87


from local elections. A few days later, the media criticizing the President and other
government barred individuals and NGOs institutions.
from submitting direct complaints to the
African Court, and the May elections went FREEDOM OF ASSEMBLY
ahead. Restrictions introduced to control the spread
In December, the African Court ordered of COVID-19 were used to prevent political
Benin to take all measures to repeal the opponents from organizing meetings and
Amnesty Law for all the criminal offences rallies. However, demonstrations by
relating to the 2019 legislative elections. government supporters went ahead without
The government responded to the interference.
COVID-19 pandemic by implementing certain In August, the police prevented a meeting
restrictions on human rights and releasing organized by Frédéric Aïvo, a political
411 prisoners. opponent, on the grounds that it was
unauthorized.
FREEDOM OF EXPRESSION
The authorities continued to detain and EXCESSIVE USE OF FORCE
prosecute journalists under certain provisions In March, the police shot dead Théophile
in the 2018 Digital Code that unduly Dieudonné Djaho, a student, during a
restricted the right to freedom of expression. demonstration against the arrests of three
On 3 January, Aristide Fassinou National Student Federation members at the
Hounkpevi, editor of the online L’Autre Figaro University of Abomey-Calavi. The Honorary
newspaper, was arrested by agents of the Chairman of the NGO Voices of Students filed
Central Office for the Repression of an appeal with the Constitutional Court
Cybercrime. He was charged with against the President and the Minister of
“harassment through electronic Interior and Public Security for human rights
communication” in connection with violations. The government announced an
comments he made on social media about investigation.
the possible appointment of the Foreign In April, videos were distributed on social
Minister as ambassador to France. He was media showing the police beating people for
released on 9 January but his case was kept not wearing face masks.
open for further investigation. In May, Antonin Lokossi was shot dead by
Ignace Sossou, a journalist, was released a Forest Service guard in the town of Toffo in
from Cotonou Prison in June, after the Atlantique department while he was
Cotonou Court of Appeal reduced his gathering firewood. He was at the time
sentence to 12 months, including six months accompanied by two members of his
suspended for “harassment through community, who said they were unarmed
electronic communication” after he posted when guards fired at them.
on Twitter quoting the Public Prosecutor.
In July, the High Authority of Audiovisual HEALTH WORKERS’ RIGHTS
Communication ordered unauthorized online In March, health sector unions raised
media outlets to close. The decision was concerns with the authorities about their
viewed by some in the media as a way to exclusion from initiatives to manage the
silence opposition media. impact of COVID-19 on the health and safety
On 10 November, Loth Houénou, a of their members. In July, they issued a
political opponent, was sentenced to two public statement denouncing the lack of PPE
years in prison and a fine of XOF200,000 and poor working conditions.
(US$370) for “harassment through electronic Police arrested a health worker on 8 June
communication”. He was arrested on 26 after he posted a warning on social media
June after he published audios on social about a COVID-19 outbreak at Ouémé-
Plateau Departmental Hospital Centre. He

88 Amnesty International Report 2020/21


was charged with breaching confidentiality photographed her face and genitals, and held
and sentenced to six months in prison, her in a cell with male detainees. She was
including five months suspended and a fine. released without charge the next day.
He was released on 8 July.
On 8 July, Adolphe Houssou, a
spokesperson for health sector unions,
publicly criticized the government for not
BOLIVIA
doing enough to protect health workers from Plurinational State of Bolivia
COVID-19. On 25 July, he fled the country in Head of state and government: Luis Alberto Arce
fear of reprisals after police officers went to Catacora (replaced Jeanine Áñez Chávez in November)
the Health Ministry asking for his address.
The social, economic, political and human
DISCRIMINATION rights crisis in Bolivia which began in the
In March, the UN Committee on Economic, aftermath of the 20 October 2019 elections
Social and Cultural Rights issued its continued in 2020. The crisis was
concluding observations on Benin’s periodic exacerbated by the COVID-19 pandemic,
review. It raised concerns about widespread which reached very worrying dimensions in
attacks against people with albinism; killings the country, disproportionately affecting
of so-called “witch children”; and local those in vulnerable situations. Those
customs which deprived women of their defending human rights and the rights of
inheritance and property rights. Indigenous Peoples, journalists and political
A government civil service recruitment opponents, or those perceived as such,
competition excluded people with disabilities. continued to be threatened and harassed.

GENDER-BASED VIOLENCE BACKGROUND


The widespread use of violence and sexual On 13 August, after two postponements due
harassment against women and girls to public health considerations relating to
continued. In May, Angela Kpeidja, a COVID-19, the Plurinational Legislative
journalist for a national television station, Assembly, the interim government and the
publicly denounced sexual harassment and Supreme Electoral Tribunal agreed that a
other abuses in her workplace. The general election should be held on 18
authorities suspended the station's deputy October 2020. On 23 July, after the second
editor-in-chief. postponement was announced,
demonstrations, including roadblocks,
RIGHTS OF LESBIAN, GAY, BISEXUAL, intensified amid complaints by the authorities
TRANSGENDER AND INTERSEX (LGBTI) and the general population that the
PEOPLE blockades were preventing key supplies for
In Cotonou in April, unknown assailants beat dealing with COVID-19 from reaching various
a transgender woman unconscious. She communities that needed them. There were
regained consciousness in Godomey police also reports of violence by some protesters
station, where officers beat, insulted and and between groups of protesters, with
threatened her. They stripped her naked, interventions by the security forces. Early on
photographed her and sent her home without 14 August, there were reports of an attack
her clothes after five days in detention. with explosives on the office of the Bolivian
In July, a transgender woman was Union of Workers (COB) in La Paz. The COB
attacked by a mob who stripped her and beat had played a key role in the demonstrations.
her as they chased her through the streets. Bolivia reported its first cases of COVID-19
Later that night, police arrested her at her in March 2020 and on 12 March the acting
home for no legitimate reason, took her to the President declared the situation a national
Sodohomè police station in Zou department, emergency. Supreme decrees and

Amnesty International Report 2020/21 89


subsequent laws established additional
quarantine measures and mandatory stay-at- HUMAN RIGHTS DEFENDERS
home regulations, among other economic Human rights defenders, such as Waldo
and social measures to deal with the Albarracín, continued to be threatened and
pandemic. As of 31 December, the Ministry harassed while criminal investigations into
of Health had reported 160,124 confirmed attacks on them remained stalled, and the
cases of COVID-19 and 9,165 deaths related authorities failed to provide human rights
to the virus. defenders with appropriate protection so that
On 18 October, general elections for the they could carry out their legitimate work.
President, Vice-President and members of
the Legislative Assembly were held. On 8 FREEDOM OF EXPRESSION
November, Luis Arce, the Movimiento Al Journalists and social communicators
Socialismo party candidate, took office as reported that the right to freedom of
President. expression was being unduly restricted in
Bolivia by means of threats, attacks and
EXCESSIVE AND UNNECESSARY USE OF attempts to silence the national and
FORCE international media. The interim government
In the context of the post-election crisis, created a climate of fear and censorship
human rights violations were perpetrated, through its public statements and
including the use of excessive and regulations, and harassed and threatened
unnecessary force by the National Police and political opponents and those perceived as
the Armed Forces to repress demonstrations. such. It issued public threats, accusing
At least 35 people died and 833 were political leaders of spreading
injured. These human rights violations were “misinformation” and journalists of
not adequately investigated, tried and “sedition”. The government also accused
punished, resulting in impunity.1 people of participating in “destabilization and
disinformation movements” and of
IMPUNITY conducting a “virtual war” against it.
On 23 January the Inter-American In the context of the pandemic, the
Commission on Human Rights (IACHR) government also issued regulations that
announced an agreement with the interim raised a number of concerns, such as
government of Bolivia for the creation of an Supreme Decrees 4199, 4200 as well as
Interdisciplinary Group of Independent 4231 which modifies the first two. Some
Experts (GIEI) to investigate acts of violence articles of these decrees violated the right to
and human rights violations committed freedom of expression, for example
between 1 September and 31 December establishing a crime against public health for
2019. However, the government publicly “spreading wrong information” about
questioned the independence of two of the COVID-19 or “generating uncertainty in the
four members of the GIEI announced by the population”. These decrees were later
IACHR. On 28 April, the IACHR announced repealed. Nevertheless, they served to
that it would include a fifth member “to intensify the harassment against political
strengthen the GIEI” and that the Group opponents and those perceived as such, as
would be installed soon. On 23 November, did criminal proceedings and detentions.
the GIEI was installed and on 22 December it
announced that it had concluded the INDIGENOUS PEOPLES’ RIGHTS
“preliminary stage” of its work, which Indigenous Peoples were disproportionately
entailed meetings with groups of victims and affected by the pandemic. Their right to
witnesses and with civil society organizations. participate in decision-making processes on
issues affecting their rights continued to be
undermined by the granting of licences for

90 Amnesty International Report 2020/21


economic projects on community lands people and children due to COVID-19 were
without their free, prior and informed disproportionate. State of emergency
consent. According to the Office of the measures further limited the rights to
Ombudsperson, in the context of the freedom of peaceful assembly and
pandemic, there was a lack of a public health expression. Unlawful disclosures of personal
policy to protect Indigenous Peoples and an data of COVID-19 patients violated the right
increase in the use on social media of racist to privacy. Prosecution of war crimes was
rhetoric that stigmatized them. further delayed.

RIGHTS OF LESBIAN, GAY, BISEXUAL, REFUGEES, ASYLUM-SEEKERS AND


TRANSGENDER AND INTERSEX (LGBTI) MIGRANTS
PEOPLE Bosnia and Herzegovina (BiH) failed to
On 3 July the Second Constitutional Chamber provide effective access to asylum and
of La Paz Departmental Court of Justice adequate reception conditions for thousands
annulled a decision by the National Civil of migrants and asylum-seekers travelling
Registry to deny registration for a same-sex through the country on their way to the EU.
civil union. The Chamber ordered the Civil Despite reduced numbers in March and April
Registry to issue a new resolution upholding due to COVID-19 movement restrictions,
international human rights standards. The close to 10,000 people were stranded in BiH
order was not complied with and the Civil at the end of the year, the majority in Una-
Registry lodged a request with the Sana Canton on the border with Croatia.
Plurinational Constitutional Tribunal for a The asylum system remained largely
precautionary measure to suspend the ineffective due to persisting institutional gaps,
effects of the ruling; this remained pending at including limited capacity in the Ministry of
the end of the year. On 9 December, the Civil Security, resulting in a significant backlog of
Registry complied with the Chamber’s order pending cases and people awaiting
and issued a new resolution, allowing two registration.
men to become the first same-sex couple to Political inaction from the Council of
register their civil union. Ministers, and the reluctance of authorities at
all levels to co-operate, led to failures in
identifying additional suitable
1. Healing the pandemic of impunity: 20 human rights
recommendations for candidates in the 2020 presidential elections in accommodation and prevented the transfer
Bolivia (AMR 18/2871/2020) of existing reception centres from the
International Organization for Migration (IOM)
to BiH authorities.
BOSNIA AND In August, citing the lack of support from
the national government, Una-Sana Canton
HERZEGOVINA authorities prohibited new arrivals on their
territory and imposed strict measures
targeting migrants and asylum-seekers living
Bosnia and Herzegovina
outside official accommodation centres. The
Head of state: Rotating presidency − Milorad Dodik,
measures included severe restrictions on
Željko Komšić, Šefik Džaferović
Head of government: Zoran Tegeltija freedom of movement, prohibition on
gatherings in public places and using public
transport, and a ban on letting
The authorities failed to provide support to accommodation to migrants.1
thousands of refugees, asylum-seekers and In September, the Una-Sana Canton
migrants stranded in the country. The authorities forcibly evicted residents from the
Constitutional Court declared that official reception centre operated by the IOM
movement restrictions imposed on older in Bihac, leaving close to 400 people without

Amnesty International Report 2020/21 91


shelter and assistance in deteriorating social media about the lack of equipment
weather conditions.2 In the last days of and capacities in local hospitals. Federation
December, around 900 migrants and asylum- BiH authorities actively monitored private
seekers were stranded in inhumane social media accounts and criminally
conditions and without access to food, water charged at least five people for “spreading
or electricity in the temporary camp Lipa after false information and panic” in March. At the
the authorities failed to agree to their end of the year, there was no credible
relocation to more suitable facilities in other information on whether any of the charges
parts of the country. The European were dropped. The Council of Europe
Commission strongly condemned the actions Commissioner for Human Rights warned that
saying they “undermined the rule of law and the measures limited the right to freedom of
put lives at risk”. expression.
At the end of the year, around 3,000
asylum-seekers and migrants were living in FREEDOM OF ASSEMBLY
squats, abandoned houses and forests According to the European Commission, laws
across Una-Sana Canton. regulating assemblies were contrary to
international law as they severely restricted
FREEDOM OF MOVEMENT public places for protests and placed a
As a part of the COVID-19 emergency disproportionate burden on organizers, who
measures in March, the authorities imposed had to cover the costs for additional security
a blanket 24-hour curfew on children and and emergency measures during events.
people aged 65 and older. The curfew was
eased after several weeks but over 300 RIGHT TO PRIVACY
people found in violation of the order In March, authorities in several parts of the
received fines that could exceed the average country cited public health grounds in
monthly pension. In April, the Constitutional disclosing personal data of individuals,
Court ruled the measures were including minors, who were diagnosed with
disproportionate and breached the right to COVID-19 and of those with orders to self-
freedom of movement enshrined in the isolate. The BiH Data Protection Agency
Constitution and the European Convention on warned that it breached national data
Human Rights. protection legislation and prohibited further
public disclosure of personal data by the
FREEDOM OF EXPRESSION authorities.
The BiH Association of Journalists recorded
nearly 30 cases of serious violations of media RIGHT TO TRUTH, JUSTICE AND
freedom, including physical assault and REPARATION
death threats against journalists and other In September, the BiH Council of Ministers
media workers. adopted the long-delayed revised War Crimes
Journalists and others criticizing the Strategy, which set new deadlines for
government’s COVID-19 response faced completion of backlog cases. By the end of
backlash and censorship. In several cantons, 2020, over 600 cases were pending before
independent journalists were denied access various courts in BiH.
to government briefings on the COVID-19 Prosecution of war crimes continued to be
crisis. In March, the Republika Srpska delayed due to systemic deficiencies in the
government issued a decree prohibiting the Prosecutor’s Office.
“incitement of panic and disorder” and In March, a survivor of wartime rape in
imposed heavy fines for violations. At least 18 Novi Travnik received financial
people were charged under the decree compensation, the first such award in
before it was repealed in late April, including criminal proceedings.
a medical doctor who expressed concern on

92 Amnesty International Report 2020/21


In August, the UN Committee for Later that month, the President pardoned
Elimination of Discrimination against Women 149 prisoners to ease prison overcrowding
(CEDAW) ruled in a wartime rape case that during the COVID-19 pandemic. Twenty of
BiH failed to ensure an impartial and those released were reportedly foreign
effective investigation and adequate nationals. It was not clear which crimes were
reparation to the victim. The Committee pardoned or how long the prisoners had left
called on BiH to provide immediate and on their sentences.
comprehensive support to survivors of
wartime sexual violence. TORTURE AND OTHER ILL-TREATMENT
In July, the country marked the 25th According to the NGO Ditshwanelo (the
anniversary of the Srebrenica genocide when Botswana Centre for Human Rights), a 16-
more than 8,000 Bosnian Muslim men and year-old boy was flogged at a traditional court
boys were killed; survivors continued to face in Mahetlwe village in Kweneng District by
insurmountable obstacles to obtaining truth, the village’s Deputy Chief, and on instructions
justice and remedy.3 from the police, for not wearing a face mask.
Over 7,200 people remained missing as a
result of the armed conflict. Political pressure ECONOMIC, SOCIAL AND CULTURAL
and lack of resources continued to impede RIGHTS
the work of the BiH Missing Persons Institute. Food insecurity remained widespread, mainly
as a result of recurring drought. It was
compounded by an African Migratory Locust
1. Bosnia and Herzegovina: Reckless restrictions of movement leave
refugees and migrants stranded without protection (News story, 25 outbreak in February which affected staple
August) crops. These factors, combined with
2. Bosnia and Herzegovina: Authorities create gratuitous suffering for COVID-19 pandemic mitigation measures like
hundreds left without shelter (News story, 1 October) border closures, adversely affected food
3. Bosnia and Herzegovina: 25th anniversary of Srebrenica massacre is supplies and further exacerbated food
a sombre warning from history (News story, 9 July) insecurity levels.
The impact of lockdown and movement
restrictions was particularly harsh for people
BOTSWANA working in the informal economy, among the
most vulnerable to a socio-economic shock,
Republic of Botswana who represented the majority of workers
Head of state and government: Mokgweetsi Masisi across the country, and particularly those
who mainly worked in the agricultural sector
Food insecurity remained widespread. State as well as street vendors.
of emergency legislation was introduced in In May, the government enforced the
response to the COVID-19 pandemic which wearing of face masks in public and imposed
further restricted the right to freedom of a maximum fine of BWP5,000 (approximately
expression. Police subjected political US$432) or up to five years’ imprisonment
activists to torture and other ill-treatment. for anyone who failed to comply.
Death by hanging was maintained as a
punishment for crimes including murder. FREEDOM OF EXPRESSION
The Emergency Powers Act prohibited
BACKGROUND journalists from using “source(s) other than
On 2 April, the President declared a state of the Director of Health Services or the World
public emergency and also introduced Health Organization” when reporting on
legislation under the Emergency Powers Act. COVID-19. Journalists failing to obey faced a
He ordered a 28-day national lockdown fine of up to BWP100,000 (approximately
subject to parliamentary oversight, which was US$8,100) or a five-year jail term. The Act
extended for another week on 28 April. outlawed publishing information with “the

Amnesty International Report 2020/21 93


intention to deceive” the public about space fomented by an official narrative that
COVID-19, or information about the stigmatized NGOs, journalists, activists,
government’s measures to control the spread human rights defenders and social
of the virus. movements continued. Obstacles to
Several people were believed to have been freedom of expression and attempts to
charged either under the Emergency Powers restrict this right impacted the work of
Act or the Penal Code for expressing their journalists and media workers. Attacks and
opinions. For example, Justice Motlhabane, killings of human rights defenders,
the spokesperson for the Botswana Patriotic members of Indigenous Peoples,
Front, an opposition party, was arrested by Quilombola communities and environmental
police on 16 April for “degrading and defenders remained chronic problems.
maligning the leadership” after he was Protection of natural resources and
accused of suggesting on Facebook that the traditional territories was neglected as
President would prolong the state of government structures to protect Indigenous
emergency to “deal with his political rivals Peoples and the environment were further
and business competitors”. Justice dismantled and weakened. Violence against
Motlhabane told journalists that he was women increased in the context of
tortured by being electrocuted while in police measures introduced to curb the spread of
custody on this and several other occasions. COVID-19. The pandemic exposed deep-
seated inequalities in Brazilian society,
Journalists impacting communities that face
On 18 June, journalists David Baaitse and discrimination disproportionately. The
Kenneth Mosekiemang were arrested by President’s ongoing denial of the gravity of
intelligence agents after they photographed a the COVID-19 pandemic only exacerbated
building linked to the Directorate of the situation.
Intelligence and Security, the domestic and
international intelligence agency. After BACKGROUND
spending a night in custody, they were On 31 March a group of people gathered in
released and charged with “common front of the army´s headquarters in Brasília,
nuisance”, which, under the Penal Code, the capital, to commemorate the 1964 coup,
carries a fine of up to BWP5,000 (US$432) which led to a 21-year-long military
or up to two years’ imprisonment. government. The demonstration was
attended by President Bolsonaro, who
DEATH PENALTY referred to the date as “the day of liberty”.
Botswana continued to impose death According to Brazil’s National Truth
sentences and carried out executions by Commission, under the military regime
hanging for crimes including murder. It was hundreds of people were systematically
the only state in Southern Africa to carry out tortured, disappeared and extrajudicially
executions. executed. Mainly due to the interpretation
given to the 1979 Amnesty Law, impunity
continued to prevail for crimes under
BRAZIL international law and human rights violations
committed during the military government
Federative Republic of Brazil (1964-1985).
Head of state and government: Jair Messias Bolsonaro
RIGHT TO HEALTH
The COVID-19 pandemic hit Brazil
Anti-human rights rhetoric continued to powerfully, deepening existing historic,
escalate, increasing the risks to human structural and persistent inequalities and
rights defenders. The shrinking of civic exacerbating the economic, political, and

94 Amnesty International Report 2020/21


public health and sanitation crisis in the protective equipment, a lack of clear
country. The government failed to ensure the protocols to manage infections, the absence
right to health, including access to health of mental health support, lack of social
care, and social protection for all peoples. By protection for workers’ families and
the end of the year, the number of people precarious employment contracts.
who had died of COVID-19 was around
195,000, the second highest total of any Prisoners
country in the world. Brazil was an epicentre Prisoners were denied their right to health by
of the pandemic, with more than 7 million inadequate state measures to deal with and
cases of infection. curb the pandemic. Systemic overcrowding,
Although dealing with the COVID-19 inadequate health services, and poor living
pandemic was a challenge worldwide, the and sanitary conditions posed grave
outbreak in Brazil was exacerbated by concerns for the right to health of prisoners
ongoing tensions between the federal and and juvenile detainees. According to the
state authorities, the absence of a clear plan National Council of Justice, as of October,
of action based on the best available more than 39,000 COVID-19  cases in the
scientific information and the lack of adult prison system and 4,190 cases in the
transparency in public policies, among other juvenile detention system were registered. In
failings. terms of testing, from October to December
2020, at least five states (Amazonas, Espirito
Economic and social rights Santo, Paraiba, Rondônia and Roraima) had
The government failed to mitigate the social not conducted one single additional test in
and economic consequences of COVID-19 on their prisons. The State of Roraima, for
groups in vulnerable situations, such as low- instance, did not report testing of any
income communities, women, LGBTI people, prisoners or workers in the system to date.
residents of favelas, Indigenous Peoples and The administrative area with the highest
Quilombola communities. Economic relief prison population rate was the Distrito
programmes for low-income individuals were Federal, with 15% of the detainees tested
insufficient and flawed. Many people faced from the beginning of the outbreak in March
difficulties registering for these benefits and to December.
the process was mired with allegations of lack
of transparency. FREEDOM OF EXPRESSION
In November 2020, there was a massive Attacks on journalists and media workers
21-day blackout in the State of Amapá. restricted and stifled freedom of expression.
According to the National Coordination of According to a report by the NGO Article 19,
Articulation of Black Rural Quilombola between January 2019 and September 2020,
Communities (CONAQ), the lack of electricity members of the federal government made
worsened the humanitarian crisis faced by aggressive and stigmatizing statements
Quilombola and Indigenous communities in towards journalists and their work 449 times.
the state. These attacks included intimidation, smear
campaigns, defamation, gender
Health workers discrimination and questioning the legitimacy
The state failed to provide health workers of journalistic activity.
with adequate assistance during the Restrictions on civil society participation in
COVID-19 pandemic. According to the public debate about government policies
Brazilian Association of Collective Health and intensified as a result of the hostile
the Brazilian Society of Family and government approach to social movements
Community Medicine, health care and NGOs. The authorities constantly and
professionals faced challenging working consistently used rhetoric that stigmatized
conditions, including insufficient personal activism and groups in vulnerable situations.

Amnesty International Report 2020/21 95


An emblematic example of this was the example, in the State of Acre, the rate of
President’s speech at the UN General femicides increased by 400%. Other states
Assembly in September. Jair Bolsonaro also saw significant increases in the number
alleged that there was a “disinformation of femicides from March to May: 157.1% in
campaign” about wildfires and deforestation Mato Grosso, 81.8% in Maranhão and 75%
in the Amazon led by international in Pará.
institutions. He also claimed the wildfires In the first six months of 2020, 1,861
were a consequence of the traditional women were murdered, and an additional
practices of Indigenous Peoples and other 648 were victims of femicide, according to
traditional communities. Days later, General data from 12 states compiled by the Brazilian
Augusto Heleno, Chief of the Institutional Public Security Forum. Emergency phone
Security Cabinet, accused the Articulation of calls to the police related to domestic
Indigenous Peoples of Brazil (APIB) violence rose by 3.8% in the first six months
movement of endangering national security of 2020 compared to the same period in
due to its work on Indigenous Peoples’ rights, 2019. In the State of Ceará, according to the
citing the same legislation that the military Popular Public Security Forum, the number
dictatorship used in previous decades to of women killed increased by 66% in the first
accuse the opposition of treason. seven months of the year compared to the
same period in 2019, during which 216
HUMAN RIGHTS DEFENDERS women were killed. The number of girls
A report by the NGO Global Witness murdered increased by 124% in the same
highlighted the dangerous situation faced by state.
territory, land and environmental defenders in There were over 119,546 cases of
Brazil, which was third in its list of the most domestic violence resulting in physical
lethal countries for environmental and human injuries to women in the first six months of
rights activists. the year, equivalent to an average of 664
On 18 April, Ari Uru-Eu-Wau-Wau was cases per day. This represented an overall
killed in the city of Jaru, in the State of reduction of 11% compared to the same
Rondônia, after several threats in 2019. period in 2019, likely due to under-reporting
The notorious killing in 2018 of Marielle during the pandemic. However, six states
Franco, a defender of LGBTI, Black and registered an increase in cases of physical
women’s rights, and her driver, Anderson injuries during the same period. The State of
Gomes, highlighted the obstacles faced in Pará saw the highest rise in such cases:
obtaining justice and reparations for attacks 2,674 cases were recorded, an increase of
on human rights defenders. Two men were 46.4% compared to the same period of the
charged with carrying out the killings. previous year. On average 126 girls and
However, two years after the death, women were raped every day in the country
investigations had yet to establish who was during 2020.
behind the killings.
RIGHTS OF INDIGENOUS PEOPLES AND
RIGHTS OF WOMEN AND GIRLS OTHER TRADITIONAL COMMUNITIES
One of the indirect consequences of Despite Brazil’s international commitments
movement restriction measures to curb the and national laws for the protection of
spread of COVID-19 was an increase in cases Indigenous peoples and other traditional
of domestic violence against women. Data communities, the historical lack of respect for
consolidated by the Brazilian Public Security the rights of these communities intensified in
Forum revealed that the rate of femicide 2020.
increased in 14 out of the 26 states in the Illegal mining, wildfires and the seizure of
period between March and May 2020 as land for illegal cattle farming and
compared to the same period in 2019. For agribusiness continued to threaten

96 Amnesty International Report 2020/21


Indigenous peoples and other traditional (ADPF) number 709, which seeks health
communities, impacting the right to land of protection measures for these communities,
these communities and affecting the natural due to the pandemic. According to the
environment.1 lawsuit, the fatality rate among Indigenous
Data collected by the National Institute for peoples was 9.6%, while the national average
Space Research registered an increase of was 5.6%. The Supreme Court had
9.5% in the destruction of forests between determined that the state should implement a
August 2019 and July 2020, compared to the specific emergency plan and public health
same period a year earlier. More than sanitation measures in Indigenous areas.
11,000km² of forest were devastated in that However, in December a third version of the
period. The progressive dismantling of plan presented by the government was
national institutions responsible for rejected by the Supreme Court for not
monitoring and protecting these areas providing answers to basic topics such as
reflected the failure of the state to fulfil its access to water and sanitation and for not
obligation to guarantee the rights of affected setting detailed measures to provide personal
communities to a healthy environment, protective equipment (PPE), testing material
livelihoods, and to be protected from forced and human resources. APIB claimed that a
evictions. proper response to the pandemic was
Wildfires in the Amazon were, in many coming from within the community, since the
cases, started by farmers who illegally federal government had failed to comply with
invaded the territories of Indigenous peoples the Supreme Court's determination to protect
in order to prepare the land for cattle. Cattle the communities in the context of a
illegally grazed in the Amazon has entered pandemic. The articulation had to create an
the supply chain of JBS, the biggest meat- emergency plan to equip the special units
packing corporation in the world.2 across the country by delivering tests,
In a public hearing before the Inter- breathing tubes, hygiene kits, PPE and
American Commission on Human Rights in cylinders of oxygen.
October, Indigenous representatives The CONAQ took ADPF 742 to the Federal
condemned invasions into Yanomami Court in September, demanding a national
territories and threats to Indigenous leaders plan in response to the pandemic in
by those seeking to carry out illegal mining Quilombola communities, inspired by ADPF
activities. They also condemned the invasion 709. The plan was filed, but there was still no
of the lands of the Uru-Eu-Wau-Wau, positive action. The organization launched its
Karipunas, Guajajaras and Tembés own initiative to monitor the spread of
communities for economic exploitation. Many COVID-19 among communities and kept
members of Indigenous communities have alerting to high fatality rates and under-
lost their lives in the context of these reporting. Communities also denounced
invasions, including Edilson Tembé dos other difficulties – and even denial – in
Santos killed in September and Ari-Uru-Eu- accessing tests.
Wau-Wau, killed in April.
EXCESSIVE USE OF FORCE
Right to health In favelas and other marginalized
Ineffective public policies and measures to neighbourhoods, police violence escalated
mitigate the impact of COVID-19 among during the COVID-19 pandemic. Between
traditional communities highlighted the January and June, at least 3,181 people were
failure of the state to ensure the right to killed by the police across the country, an
health of these groups. average of 17 deaths per day and 7.1% more
In July, along with six political parties, than in 2019. While people were following
APIB took to the Supreme Court the Action of recommendations to stay home, police
Noncompliance with Fundamental Precept officers continued to conduct incursions in

Amnesty International Report 2020/21 97


favelas for arrests which ended in killings. known as the Anti-Crime Package has
Federal and state governments and determined that an investigated policeman
representatives publicly supported the idea should have a lawyer during investigations
that “good criminals are dead criminals” and and if he does not have one, the police
the use of force by the police in favelas and corporation should provide him one. In
city outskirts. addition, the State of São Paulo determined
According to the Brazilian Public Security that military policemen should have access to
Forum, 79.1% of the people killed by the lawyers for free. Since public defenders do
police were Black and 74.3% were under 30 not act during investigations and no private
years of age. Brazil´s population comprises lawyers have been nominated for the cases,
54% Black people, according to the Brazilian the internal ordinance of the Military Police
Institute of Geography and Statistics. says investigations should be suspended.
Residents of marginalized neighbourhoods These conditions resulted in at least 300
were the most affected. police killings not being investigated.
During the year, Rio de Janeiro’s police In the state of Bahia, police killings rose
forces continued to carry out militarized from 361 in the first six months of 2019 to
police operations in favelas, frequently using 512 in the same period in 2020, an increase
helicopters and armoured vehicles. Police of 42%. In the state of Ceará, 96 people were
killings in the state reached a level killed in the first six months of the year, a
unprecedented since they began recording 12.5% increase compared with the same
fatalities in 1998; between January and May, period in 2019. In July, 13-year-old Mizael
741 people were killed, the highest number Fernandes da Silva was killed by the police
in the country. while he was at home asleep. Two parallel
In May, 13 men were killed in Complexo procedures were initiated to conduct
do Alemão, a group of favelas in Rio de investigations. The military investigation
Janeiro, during a violent police operation concluded that the police officers who killed
carried out by the Special Operations the boy were acting in self-defence. The
Battalion (BOPE) and the police. parallel investigation by the Civil Police
A few days later, 14-year-old João Pedro concluded that a police officer should be
Mattos died in an operation in the Salgueiro charged with the crime of homicide and
favela, São Gonçalo, Rio de Janeiro. He was violating legal procedures. The prosecution
at home with friends when members of the had not pressed charges by the end of the
Special Resources Unit (CORE) entered his year.
home and fired over 70 rounds. João Pedro
Mattos was shot in the back. ENFORCED DISAPPEARANCES
The worsening situation in Rio de Janeiro Enforced disappearances remained a serious
led civil society organizations, local activists, concern nationwide given the involvement of
the Rio Public Defender’s Office, the paramilitary groups, including police officers
Brazilian Socialist Party and relatives of and former state agents, in these crimes in
victims to file a petition with the Supreme the past decades.
Court to stop police incursions in the favelas. Despite families’ struggle for justice,
In June, the Court issued a preliminary impunity persisted and there was no
decision to suspend police operations in significant progress in clarifying past cases of
favelas during the pandemic. Following the enforced disappearance.
decision, killings by the police fell by 74%. Domestic law was not brought into line
In São Paulo, police officers killed 514 with international treaties and did not include
civilians between January and June, a 20% a specific crime of enforced disappearance,
increase compared to the same period in which continued to be dealt with under other
2019 and the highest number since records provisions, such as kidnapping. This gap in
started to be collected in 2001. A recent law the law continued to pose a barrier to the

98 Amnesty International Report 2020/21


prosecution of those responsible for enforced bisexual, transgender and intersex people
disappearances, as well as to the faced discrimination and social exclusion.
implementation of reparation policies for
victims. The justice system also lacked FREEDOM OF EXPRESSION
effective and independent systems for the As a part of COVID-19 emergency measures
investigations into these crimes. in March, the government proposed
There was no progress in the case of Davi amendments to the Criminal Code that would
Fiuza, a 16-year-old Black youth who, impose heavy fines and prison sentences for
according to witnesses, was forcibly dissemination of false information. However,
disappeared in October 2014. He was last the President vetoed the proposal before it
seen in the city of Salvador de Bahia with his became law, citing its negative impact on
hands and feet bound being put into the freedom of expression.
trunk of a car that was escorted by the Bahia Media freedom continued to deteriorate,
State Military Police. In 2018, the Public with journalists investigating organized crime
Prosecutor´s Office indicted seven military and corruption facing intense political and
police officers for kidnapping and false prosecutorial pressure in the form of threats
imprisonment. In 2019 the case was and intimidation.
transferred to a military court, contrary to In July, investigative reporter Nikolay
international human rights law standards. Staykov was questioned by the Prosecutor’s
Hearings scheduled to take place in April and Office and threatened with prosecution after
June were postponed, ostensibly due to he released a documentary which implicated
COVID-19. At the end of the year no date had the Prosecutor’s Office in a financial crime.
been set for the rescheduled hearings to take Several journalists covering the anti-
place. government protests in the capital, Sofia, in
September were physically assaulted by
police; one was detained for hours. The
1. Brazil: Alarming number of new forest fires detected ahead of
Amazon Day (News, 3 September) Council of Europe’s Commissioner for Human
2. Brazil: Cattle illegally grazed in the Amazon found in supply chain of
Rights called the actions “unacceptable” and
leading meat-packer JBS (News, 15 July) urged the authorities to investigate the
attacks.
In its Rule of Law Report in September, the
BULGARIA European Commission expressed serious
concerns about the lack of transparency of
Republic of Bulgaria media ownership and noted that media
Head of state: Rumen Radev remained subject to systematic political
Head of government: Boyko Borisov control. Ranking 111th out of 180 countries
on the World Press Freedom Index, Bulgaria
remained the EU member state with the
Media freedom and freedom of association lowest standard of media freedom.
further deteriorated as authorities targeted
journalists and critics and cracked down on FREEDOM OF ASSOCIATION
anti-government protests. Authorities In July, United Patriots, a junior partner in the
placed some Roma communities under governing coalition, proposed amendments to
mandatory COVID-19 quarantines and the Non-profit Legal Entities Act that would
severely restricted their movement; officials impose disproportionate scrutiny and strict
engaged in openly racist rhetoric towards reporting requirements for organizations
Roma. Domestic violence remained receiving foreign funding. A coalition of NGOs
widespread and resources to support warned that the amendments were
victims were insufficient. Lesbian, gay, inconsistent with the European Convention
on Human Rights and EU law and would

Amnesty International Report 2020/21 99


create a hostile environment for civil society standards. The UN Special Rapporteur on
organizations. violence against women urged Bulgaria to
In September, dozens of people, including amend the Criminal Code to include a rape
journalists and police, were injured and provision based on lack of consent and
hundreds were arrested when months-long explicitly covering marital rape. A 2018
anti-government protests in Sofia were Constitutional Court ruling declaring the
forcefully dispersed by anti-riot forces. Police Istanbul Convention incompatible with the
used pepper spray, tear gas and water Bulgarian Constitution continued to prevent
cannons against protesters who demanded the Convention’s ratification.
the resignation of the Prime Minister and
Chief Prosecutor, combined with an overhaul DISCRIMINATION
of state governance. The European The COVID-19 pandemic and nationwide
Parliament strongly criticized the “violent and lockdown exacerbated the already
disproportionate intervention” by the police widespread discrimination against Roma.
and urged the authorities to investigate Between March and May, local authorities
reports of excessive use of force. in Sofia, Nova Zagora, Kazanlak, Yambol and
Authorities targeted businesses and Sliven imposed a special regime, including
individuals associated with the protests, mandatory quarantine for all residents, which
allegedly subjecting them to politically disproportionately applied only to majority-
motivated prosecutions and financial audits. Roma neighbourhoods.1 The quarantines
Anti-government protests continued into were enforced by armed police who set up
December. roadblocks and prevented people from
leaving the settlements. At the same time, the
VIOLENCE AGAINST WOMEN AND GIRLS authorities failed to provide sufficient and
Domestic violence remained widespread and safe access to water and sanitation, medical
significantly under-reported. According to supplies and food during the quarantines,
women’s rights organizations, the COVID-19 putting many families at further risk of
pandemic exacerbated the situation, in which COVID-19 infection and poverty.
at least eight women were killed by their In Burga municipality, the authorities used
partners during the two months’ nationwide drones with thermal sensors to take the
lockdown between March and May. temperature of residents in Roma settlements
For domestic violence to be considered as remotely and monitor their movements. In
a grave punishable offence, the Criminal the town of Yambol, the authorities used
Code required it to be committed in the planes to “disinfect” the Roma
context of “systemic violence” or be neighbourhood, which had registered
preceded by three separate acts of violence COVID-19 infections. Such measures were
by the same perpetrator. This exposed only applied to Roma communities.2
victims to prolonged risks and limited their Hostile anti-Roma rhetoric increased
access to justice. Victims of violence faced during the ongoing pandemic, with officials
barriers in accessing support services and openly engaging in hate speech. The
legal assistance, while capacity in the existing Bulgarian National Movement (VMRO) party
shelters remained insufficient. In May, the portrayed Roma as a collective threat to the
government adopted a national domestic general population, while government
violence prevention programme aimed at ministers threatened stricter COVID-19
improving co-ordination among relevant measures against Roma, suggesting that they
institutions and organizations. deliberately flouted physical distancing rules.
The definition of rape in the Criminal Code In May the UN Special Rapporteurs on
did not include marital rape and required contemporary forms of racism and on
evidence of physical resistance by the victim, minority issues urged officials to stop hate
which was contrary to international speech and end restrictions targeting Roma

100 Amnesty International Report 2020/21


neighbourhoods, stating that they violated the recruitment of local “volunteers” to
residents’ rights to equality and freedom of support military operations.
movement. Seven of the 13 regions remained under a
state of emergency, giving the authorities
RIGHTS OF LESBIAN, GAY, BISEXUAL, extensive powers to arrest and detain people
TRANSGENDER AND INTERSEX (LGBTI) and limit their movements.
PEOPLE In March, a national curfew was imposed
In a homophobic attack in Plovdiv in to control the spread of COVID-19. The
September, a group of young football fans government also released 1,207 prisoners to
physically attacked and injured several reduce prison overcrowding and mitigate the
teenagers, some as young as 14, whom they risk of infection.
perceived to be LGBTI. The attackers In September, the Electoral Code was
reportedly wanted to “cleanse” the city centre amended ahead of the presidential elections
of LGBTI people. The Plovdiv Prosecutor and stipulated that where polling stations
initiated a criminal investigation which was were closed for exceptional security reasons,
ongoing at the end of the year. election results would be based on votes cast
According to an EU Fundamental Rights in stations which remained open. In
Agency survey, over 70% of LGBTI people in November, President Kaboré was re-elected
Bulgaria felt compelled to hide their sexual for a second term.
orientation and 40% avoided certain
locations for fear of being assaulted or ABUSES BY ARMED GROUPS
threatened. There were regular clashes between armed
groups, and attacks against civilians were
committed, often along ethnic lines, which
1. Stigmatizing quarantines of Roma settlements in Slovakia and
Bulgaria (EUR 01/2156/2020) could amount to war crimes.
2. Policing the pandemic: Human rights violations in the enforcement of
Since the beginning of the year, the Group
COVID-19 measures in Europe (EUR 01/2511/2020) for the Support of Islam and Muslims (GSIM)
had blockaded the city of Djibo, in Soum
province, Centre-North region, restricting
BURKINA FASO access and peoples’ movement along a
37km stretch.
Burkina Faso In March, the Koglweogo, an armed “self-
Head of state: Roch Marc Christian Kaboré defence” group, raided three villages in the
Head of government: Christophe Joseph Marie Dabiré Barga department in the Northern region,
killing at least 43 inhabitants and destroying
buildings. In the same month, at least 10
Armed groups committed human rights civilians were taken from a mosque in Cissé
abuses, including killings and abductions, village in the Sahel region and killed by
in the context of the armed conflict. unidentified gunmen, according to media
Security forces also perpetrated reports.
extrajudicial executions and torture. In May and August, at least 45 people
Impunity remained pervasive. The right to were killed when unidentified assailants fired
education was hindered. Freedoms of indiscriminately at cattle markets in
expression and assembly were restricted. Kompienbiga town and Namoungou village in
the Eastern region.
BACKGROUND In July, the Mayor of Pensa and 10 others
The armed conflict continued, particularly in were killed following an ambush on their
the northern and eastern regions. In January, convoy between the towns of Barsalogho and
the Volunteers for the Defence of the Pensa in the Centre-North region, believed to
Homeland Act was passed which allowed for be carried out by GSIM members. One

Amnesty International Report 2020/21 101


month later, El Hadj Souhaib Cissé, the marriage and prostitution, other sexual abuse
leader of the Islamic community of Soum and exploitation, was exacerbated by the
province, was abducted by gunmen while conflict. Victims of such violence faced
travelling to his home in Djibo. His body was difficulty in getting help as sexual and
found four days later on the outskirts of the reproductive health care services were either
city. in short supply or were disrupted by the
conflict.
RIGHT TO EDUCATION
The right to education was severely REFUGEES AND INTERNALLY
undermined as a result of armed attacks by DISPLACED PEOPLE
GSIM and Islamic State of Greater Sahara By August, according to UNHCR, 1 million
members against primary and secondary people had been internally displaced by the
schools; students and teachers were also conflict. Internally displaced people
frequently threatened with violence. The (IDP) and refugee camps were the targets of
Ministry of Education said that 222 education attacks by all parties to the conflict.
workers had been “the victims of terrorist In May, army officers beat 32 refugees in
attacks” between January and April. the Mentao refugee camp in the Sahel
According to UNICEF, around 3,000 schools region, while searching for perpetrators of an
were closed by April due to the security attack against them that day in which a
situation. soldier was killed. UNHCR called on the
authorities to investigate the incident, but
EXTRAJUDICIAL EXECUTIONS they responded by saying the camp hosted
On 9 April in Djibo, 31 people were arrested gunmen.
and executed by members of the special unit In October, 25 IDPs were killed in an
force during a raid. Although the government ambush by an armed group near the town of
announced an investigation into the killings, Pissila, in the Central North region. Survivors
which could amount to war crimes, no further said the assailants executed the men after
information on the investigation was made separating them from the women and
public. children, who they later released.

TORTURE AND OTHER ILL-TREATMENT RIGHT TO TRUTH, JUSTICE AND


On 11 May, gendarmes, accompanied by REPARATION
volunteers, arrested and detained at least 25 In February, El Hadj Boureima Nadbanka,
people at a market in Kpentchangou town in commander of the Koglweogo in
the Eastern region. The next morning, 12 of Namentenga province, Central North region,
them were found dead in their cells at the was provisionally released by the High Court
Tanwalbougou gendarmerie post. The of Kaya. He had been arrested in December
gendarmerie denied responsibility, but the 2019 in connection with an investigation into
survivors, who were released in June, said the unlawful killings of 50 people and the
that the 12 men had died as a result of enforced disappearance of 66 others in the
severe beatings by the gendarmes. The village of Yirgou, in Sanmatenga province, in
authorities said they would investigate the January 2019. No significant progress had
incident but no public information was been made in the proceedings against him at
available at the end of the year on the the end of the year.
investigation.
FREEDOMS OF EXPRESSION AND
GENDER-BASED VIOLENCE ASSEMBLY
According to UNHCR, the UN refugee In January, a car belonging to Yacouba Ladji
agency, the incidence of gender-based Bama, an investigative journalist and editor of
violence, including rape, early and forced the Courrier Confidentiel, was set alight

102 Amnesty International Report 2020/21


outside his home. Journalists’ unions said the lines continued, and the President made
attack was intended to intimidate him for his homophobic remarks in his speeches.
work uncovering corruption and fraud.
In the same month, the Ouagadougou City BACKGROUND
Council arbitrarily banned a sit-in outside the The human rights situation did not improve
Ouagadougou Court, organized by the following the May general elections. The
Collective Against Impunity and presidential candidate for the ruling party, the
Stigmatization of Communities (CISC). The National Council for the Defence of
CISC were protesting at the authorities’ failure Democracy – Forces for the Defence of
to secure justice for the 50 people killed by Democracy (CNDD-FDD), was elected. He
the Koglweogo in Yirgou in January 2019 was inaugurated in June following the
(see above, Right to truth, justice and sudden death of President Nkurunziza on 8
reparation). June. In late June, the Council of Ministers
In August, the authorities stopped a were sworn in. This included the role of
demonstration by supporters of deposed Prime Minister, newly created under the
President Compaoré, refusing them access to 2018 Constitution. Communal and legislative
the People’s House venue in Ouagadougou, elections took place in May, followed by
without providing an official reason. Senate and local level or colline (hill)
elections in July and August, respectively.
RIGHT TO HEALTH There was no international election
Workers’ rights observation mission, partly due to restrictions
In March, the National Union of Human and imposed in response to the COVID-19
Animal Health Workers (SYNTSHA) raised pandemic. The Conference of Catholic
concerns about the country’s preparedness Bishops of Burundi raised concerns about
to tackle the COVID-19 pandemic and called “numerous irregularities” reported by its
for greater protection for front-line health observers. On 4 June, the Constitutional
workers. SYNTSHA regularly denounced the Court ruled that the election had been held
lack of infrastructure investment and the “in a regular fashion”.
government’s failure to respect the 2017 In October, the UN Human Rights Council
agreement which had aimed to improve voted to renew the mandate of the
health workers’ employment conditions. Commission of Inquiry on Burundi.

RIGHT TO HEALTH
BURUNDI Government representatives initially claimed
that the country’s “special pact with God”
Republic of Burundi had spared it from being impacted by
Head of state: Evariste Ndayishimiye (replaced Pierre COVID-19. In late March, a government
Nkurunziza in June) spokesperson threatened sanctions against
Head of government: Alain Guillaume Bunyoni schools and other institutions for taking
(assumed office in June) proactive containment measures ahead of
the government, and for seeking “to
Unlawful killings, arbitrary arrests, enforced manipulate or disorientate public opinion”.
disappearances and sexual violence were Initial measures taken by government
carried out, mainly against perceived included quarantine for travellers, and advice
political opponents. Freedoms of on hand washing and avoiding physical
expression, association and peaceful greetings. The international airport was
assembly remained restricted; journalists closed from late March to early November.
and human rights defenders faced reprisals Mass gatherings continued during and after
for their work. Hate speech along ethnic the election campaigns. In May, some
doctors told the media that testing was

Amnesty International Report 2020/21 103


insufficient and that official COVID-19 figures September, in which she stated that the
underestimated the actual death rate. The country would never see gender equality, and
Minister of Foreign Affairs expelled the WHO quoted from scripture to support her
representative and three medical experts in argument. The Family Code recognizes
mid-May. Former President Nkurunziza’s husbands as the head of the “conjugal
death proved a turning point in the community”.
authorities’ approach to the pandemic. On 30 President Ndayishimiye made several
June, the incoming President declared homophobic remarks in his speeches. In his
COVID-19 “public enemy number one”, and inauguration speech, he described same-sex
the government launched mass testing. marriage as “social deviation”; in August, he
suggested a correlation between countries
REFUGEES AND ASYLUM-SEEKERS which accepted homosexuality and high
The government continued to encourage COVID-19 rates.
refugees to return to Burundi. Refugee
returns, facilitated by the governments and FREEDOM OF EXPRESSION
UNHCR, the UN refugee agency, continued In January, Agnès Ndirubusa, Christine
from Tanzania and began in August from Kamikazi, Egide Harerimana and Térence
Rwanda. Tanzanian authorities arrested, Mpozenzi, journalists at Iwacu Press Group,
forcibly disappeared, tortured and arbitrarily arrested in October 2019 on their way to
detained several refugees, some of whom report on clashes in Bubanza province, were
were later forcibly returned to Burundi. convicted of an “impossible attempt” to
Returnees continued to face difficulties threaten internal state security. They were
reintegrating and received insufficient sentenced to two-and-a-half years in prison
support. Some were accused of supporting and fined BIF1 million (US$525). Their driver
the opposition and were threatened or Adolphe Masabarakiza was acquitted. In
physically attacked by the Imbonerakure, the June, the Ntahangwa Court of Appeal upheld
ruling party’s youth wing. their conviction on appeal, but in December
Restrictions due to COVID-19 made it they received a presidential pardon and were
harder for people to seek asylum outside released.1
Burundi. Between January and mid-March, In October, Fabien Banciryanino, a former
3,242 people sought refuge in neighbouring opposition parliamentarian, was arrested on
countries in the run-up to the May elections. charges of rebellion, defamation, and
Between mid-March, when border threatening state security. He was questioned
restrictions were imposed, and the end of about speeches he had made in the National
November, only 24 new arrivals from Burundi Assembly in which he criticized the
were registered in the region. government, which would normally be
covered by parliamentary immunity.2
DISCRIMINATION
In the run-up to the elections, CNDD-FDD HUMAN RIGHTS DEFENDERS
members increasingly used rhetoric which In June, Burundi’s Supreme Court ruled that
incited violence against the political the 2019 Ntahangwa Court of Appeal’s
opposition, and justified attacks against decision to uphold human rights defender
opposition members. The government failed Germain Rukuki’s conviction, and 32-year
to hold to account those suspected of being prison sentence, was invalid. The case was
responsible for hate speech along ethnic sent back to the Court of Appeal to be heard
lines. Such rhetoric continued after the again with a newly composed bench.
elections. The trial of 12 exiled human rights
Women’s groups criticized First Lady defenders and journalists for “insurrection”
Angeline Ndayishimiye Ndayubaha’s speech continued before the Supreme Court. They
to the Women’s Leaders Forum in were accused of involvement in the failed

104 Amnesty International Report 2020/21


coup attempt of May 2015, in connection before the elections. Reports of arrests and
with their role in protests against the then disappearances of party members continued
President’s third term. Their lawyers were not throughout the year.
present at a hearing in February. Two days before the election, the
Prosecutor General wrote to the President of
FREEDOM OF ASSOCIATION the National Election Commission asking for
Members of the main opposition party, the the disqualification of 59 CNL candidates in
National Congress for Freedom (CNL), faced the legislative and communal elections on
numerous obstacles to their political grounds that they were the subject of ongoing
activities. In some places, permission to open investigations. The Constitutional Court later
party offices was denied, whereas in other overturned the decision to disqualify three
locations their offices were vandalized and candidates for the National Assembly.
destroyed. During the electoral campaign
period, local administration officials UNLAWFUL KILLINGS
prevented them from holding some campaign Extrajudicial executions and other unlawful
rallies.3 killings continued throughout the year. After
The authorities continued to press for fighting in February between an unidentified
stricter control over the operations of armed group and the police and army in
international NGOs, including by demanding Bujumbura Rural province, photographs and
that organizations provide individualized data videos circulated on social media showing at
on the ethnicities of their national staff. In least 12 young men who had been captured
May, a presidential decree was issued to and tied up, as well as photographs of the
establish international NGO recruitment bodies of several of the men. The UN
committees, including government Commission of Inquiry on Burundi analysed
committees in each province to oversee and the evidence and concluded that the men
approve all national staff hires.4 were killed after being captured and while
under the responsibility of police, military and
ENFORCED DISAPPEARANCES the Imbonerakure, who also featured in the
Enforced disappearances continued to be images.
regularly reported, and previous cases The Imbonerakure killed several members
remained unresolved. The UN Working of opposition parties during the election
Group on Enforced or Involuntary period. CNL and CNDD-FDD members also
Disappearances raised 81 new cases died as a result of violent clashes between
(primarily from 2015 and 2016) with the the parties. Richard Havyarimana, a CNL
authorities. By the end of the year, the member, was abducted in May in Mwaro
government had provided no response to any province and his body was found three days
of the 156 cases raised by the Working later. In a rare example of accountability, two
Group since 2016. Despite having signed the members of the Imbonerakure were found
International Convention for the Protection of guilty of his murder. They were sentenced in
All Persons from Enforced Disappearance in August to 15 years in prison and ordered to
2007, Burundi was yet to ratify and pay his family compensation of BIF10 million
implement it. (US$5,200).

ARBITRARY ARRESTS AND DETENTIONS GENDER-BASED VIOLENCE


The CNL reported that more than 600 of its Sexual violence was used by the
members, including candidates, were Imbonerakure and others as a form of
arrested before and during election day. intimidation and punishment against people
Some were arrested after clashes with perceived as political opponents. In its 2020
Imbonerakure members. Several CNL report, the UN Commission of Inquiry
members were convicted in expedited trials highlighted acts of sexual violence committed

Amnesty International Report 2020/21 105


against men and boys, as well as women and which severely impinges upon human
girls, in detention at the National Intelligence rights. Human rights defenders, peaceful
Service (SNR) since 2015. SNR agents demonstrators and members of the banned
subjected male detainees to torture and other opposition party continued to face
ill-treatment that targeted their genitals and harassment and intimidation through
included rape. They also forced them to have misuse of the justice system. Women’s
sexual relations with other detainees, male rights came under sustained attack, as
and female, and subjected them to forced Prime Minister Hun Sen led a public
nudity and other humiliation. Women were campaign that used arbitrary interpretations
raped and subjected to other forms of sexual of “tradition” and “culture” to curtail the
violence. rights of women. The ongoing anti-drug
campaign led to widespread violations of
RIGHT TO TRUTH, JUSTICE AND fair trial rights. People arbitrarily detained
REPARATION in drug detention centres faced torture and
Throughout the year, the Truth and other ill-treatment including inhumane
Reconciliation Commission conducted highly living conditions. The economic impact of
publicized exhumations of mass graves the COVID-19 pandemic left tens of
connected to past atrocities. Exhumations thousands of garment workers and others at
were focused on graves linked to the 1972 risk of destitution, particularly those
massacres that primarily targeted Hutu. This holding microfinance debts.
focus combined with comments made by
public officials was polarizing and seen as an BACKGROUND
attempt to impose a single narrative. The The government crackdown targeting
exhumations were carried out in a manner independent media, outspoken civil society
which jeopardized the preservation of organizations and the political opposition that
valuable evidence and failed to ensure began in 2017 continued throughout 2020.
respectful storage of human remains.5 The EU partially revoked Cambodia’s
preferential free-trade status under the
Everything But Arms (EBA) trade agreement,
1. Burundi: Upholding journalists’ conviction further undermines media
freedom (Press release, 5 June) citing violations of labour rights and human
2. Burundi: Release outspoken opposition politician (AFR
rights. Per capita, Cambodia was the most
16/3230/2020) microfinance-indebted country in the world.
3. Burundi: Prioritise human rights in election season (AFR
16/2214/2020) FREEDOM OF EXPRESSION
4. Burundi: Drop demand on international NGOs to disclose ethnic The authorities used the COVID-19 pandemic
identity of employees (Press release, 27 February) as a pretext to further repress freedom of
5. Burundi: Human rights priorities for new government (AFR expression, with journalists, human rights
16/2777/2020) defenders and government critics targeted for
the expression of their views. Between
January and March, Amnesty International
CAMBODIA documented 22 arrests, with seven people
charged for allegedly sharing “false
Kingdom of Cambodia information” about the pandemic, of whom
Head of state: Norodom Sihamoni six were affiliated with the banned opposition
Head of government: Hun Sen party Cambodia National Rescue Party
(CNRP).1 Journalist Sovann Rithy was
The extreme restrictions on civil and arrested on 9 April and later convicted on 5
political rights implemented since 2017 October of “incitement to commit a felony”
intensified, with the new State of for quoting the Prime Minister Hun Sen
Emergency Law adding to a legal framework verbatim about the economic impact of the

106 Amnesty International Report 2020/21


pandemic in the country.2 In April, the Law freedom of association. Environmental
on the Management of the Nation in a State activists working to expose rampant illegal
of Emergency was promulgated in response logging in the Prey Lang rainforest faced
to COVID-19, providing the government with arbitrary detention and physical assaults by
a range of arbitrary and excessive powers in both state authorities and corporate actors.5
times of emergency.3 In September, the Ministry of Interior
On 31 July, police arrested prominent characterized grassroots groups Mother
trade unionist Rong Chhun for comments he Nature Cambodia and Khmer Thavrak as
made about the Cambodia-Viet Nam border. illegal organizations because they had not
He was charged with “incitement to commit a registered under LANGO.
felony” and remained in pre-trial detention.
His arrest sparked protests which were met WOMEN’S RIGHTS
with a series of further arrests and charges Hun Sen led a public attack on women’s
targeting young people and environmental rights, invoking arbitrary notions of “tradition”
activists. Between 13 August and 7 and “culture” to justify the policing of
September, at least 12 young activists, women’s bodies and choices. In a speech in
including a Buddhist monk and two rap January, he ordered the authorities to take
artists, were arrested and charged with action against women who allegedly wore
“incitement to commit a felony”, and placed “revealing” clothing while selling products on
in pre-trial detention.4 Both rap artists were Facebook. Days later, authorities arrested
later convicted. Other human rights and arbitrarily charged Facebook seller Ven
defenders fled Cambodia in order to escape Rachna with producing “pornography” on the
prosecution. Luon Sovath, a Martin Ennals basis of her clothing.6 In June, attacks on
Award winner and renowned activist monk, women’s rights intensified when the
was forced to flee into exile after authorities in government released a draft of Cambodia’s
the city of Siem Reap sought to defrock and proposed Law on Public Order. The draft
charge him on the basis of spurious prohibited women from wearing clothes that
allegations of sexual misconduct. were “too short” or “too see-through”.
Despite this oppressive environment, many
FREEDOM OF ASSOCIATION women and girls engaged in online protest
Members of the banned CNRP faced against the draft law, which was still pending
continued arbitrary criminalization and at year end.
increasing levels of physical violence. CNRP
president Kem Sokha faced trial on trumped- RIGHT TO HEALTH
up treason charges in January, and his trial Detention conditions characterized by
remained ongoing. CNRP co-founder Sam overcrowding and ill-treatment continued to
Rainsy and over 100 CNRP politicians systematically violate detainees’ right to
remained banned from participating in health. The government’s anti-drug
politics following the party’s dissolution in campaign, which was rife with torture, other
2017. Judicial harassment against former ill-treatment and fair trial rights violations,
CNRP politicians and activists intensified in entered its fourth year, exacerbating the
November as at least 126 CNRP-affiliated overcrowding crisis in prisons and drug
individuals were summoned in a series of detention centres. The campaign, which
politically-motivated mass trials on treason emphasized criminalization rather than
and incitement-related charges. Severe measures protecting the right to health,
physical assaults of individuals affiliated with disproportionately impacted women and poor
the CNRP continued, with no one arrested or and at-risk populations, including children,
investigated for any of the attacks. sex workers and people living with HIV.7
The repressive Law on Associations and Amid the COVID-19 pandemic, in May
NGOs (LANGO) continued to be used to stifle Cambodia’s ministers of justice and interior

Amnesty International Report 2020/21 107


revealed plans to reduce prison 3. Cambodia: Proposed emergency powers would obliterate human
rights (News story, 2 April)
overcrowding.8 However, progress was limited
and the practice of arbitrarily detaining 4. Cambodia: Youth targeted in ‘shocking’ wave of arrests (News story,
10 September)
people who used drugs, without charge,
5. Cambodia: Harassment of forest defenders undermines struggle
continued.
against climate change (ASA 23/2004/2020)

ECONOMIC, SOCIAL AND CULTURAL 6. Cambodia: Drop discriminatory ‘pornography’ charges against
Facebook seller (News story, 21 February)
RIGHTS
7. Cambodia: Substance abuses: the human cost of Cambodia’s anti-
The economic impact of the COVID-19 drug campaign (ASA 23/2220/2020)
pandemic, combined with the partial
8. Cambodian authorities must follow through with release of prisoners
revocation of EBA trade preferences, amid COVID-19 (ASA 23/2768/2020)
adversely affected the country’s crucial 9. Cambodia: Probe into Thai exile's enforced disappearance moving at
garment sector, leaving tens of thousands of snail’s pace, has glaring gaps (News story, 8 December)
workers, the majority of whom were women,
out of work. Workers’ socio-economic
insecurity was exacerbated by ballooning
levels of microfinance debt, which many were
CAMEROON
unable to repay as a result of the loss of Republic of Cameroon
income. NGOs and unions criticized the Head of state: Paul Biya
government for a failure to protect those at Head of government: Joseph Dion Ngute
risk of homelessness and destitution because
of the widespread practice of microfinance
institutions using land titles as collateral for Security forces and armed groups continued
loans. These developments put at risk the to commit human rights violations and
right to an adequate standard of living for abuses. Hundreds of thousands of people
millions of workers and their dependents. were displaced due to violence; and gender-
People dependent on fishing and small-scale based violence against women was
agriculture also saw their livelihoods seriously widespread. The government continued to
threatened by the increasing impacts of crack down on peaceful dissent and on
climate change combined with development critics. There were reports of torture and
projects, including hydroelectric dams. other ill-treatment in detention.

ENFORCED DISAPPEARANCES BACKGROUND


On 4 June, Wanchalearm Satsaksit, a 37- In February, the ruling Cameroon People’s
year-old Thai opposition activist living in exile Democratic Movement party won the
in Cambodia, was abducted by unidentified legislative and local elections. Prior to this,
persons in the capital, Phnom Penh. His the Cameroon Renaissance Movement, led
whereabouts remained unknown. On 15 July, by Maurice Kamto, called for a boycott of the
a group of UN experts wrote to the elections, and for electoral reform. President
Cambodian authorities expressing deep Paul Biya has been in power since 1982.
concerns about the “lack of progress in the On 17 March, the authorities adopted
investigation into the alleged abduction and measures to control the spread of COVID-19,
enforced disappearance”. As of December, including by closing borders. On 31 March,
the authorities had made negligible progress the President made a plea for public
in the investigation.9 solidarity to help fund the health sector. Many
critics raised concerns about the lack of
transparency surrounding the management
1. Cambodia: Overcrowded detention centres a ticking time bomb for
COVID-19 amid raft of ‘fake news’ arrests (News story, 27 March) of the funds, and about public policies which
2. Cambodia’s Government Should Stop Silencing Journalists, Media
failed to address hardship resulting from loss
Outlets (ASA 23/3294/2020) of earnings. In April, hundreds of prisoners

108 Amnesty International Report 2020/21


were released, but severe overcrowding data compiled from UN bodies, media and
continued to put detainees at increased risk other organizations.
of COVID-19. Internally displaced people (IDPs) were
victims of attacks. In August, at least 18
ABUSES BY ARMED GROUPS people were killed and 11 injured when
Anglophone separatist armed groups assailants threw an explosive device into a
continued to commit serious human rights makeshift camp in which they were sleeping,
abuses, and targeted people perceived as near Nguetchewe village. Eight hundred IDPs
government supporters in the North-West had taken shelter in the area. In September,
and South-West regions. according to UNHCR, the UN refugee
In the North-West, a man was killed and agency, a suicide bomb attack killed seven
his father injured on 15 January, near people and wounded 14 others at Koyapé, a
Bamenda city, when they tried to avoid a village which hosted IDPs.
checkpoint held by armed separatists. On 30 Also in the Far North region, as of
January, four humanitarian workers were December, at least 124 people, mainly
abducted by a separatist group which women and children, were victims of
accused them of working for the government. abductions by armed groups related to Boko
They were released the next day. The Haram.
organization for which they worked said that
three of them were beaten and subjected to UNLAWFUL KILLINGS
psychological torture. On 7 August a In the armed conflict with separatist armed
humanitarian worker was abducted from his groups, the military carried out attacks
home in the Batibo subdivision by against villages in which people were
unidentified assailants and later killed. Three unlawfully killed and their homes destroyed.
days later, armed men killed a teacher in There was a spike in such violence in the
Nkwen district in Bamenda and threw his run-up to the elections in January and
body into a river. February.
On 11 August, the body of Confort In January, soldiers shot at people in a
Tumassang, a 35-year-old woman, was found market in Ndoh village in the South-West
on a road in Muyuka, a town in the South- region, in a reprisal attack following reports of
West region. She had been beheaded by her a soldier being killed in the area. At least 16
attackers who were believed to be people were killed and five injured, including
separatists. They posted a video of her two boys aged 14 and 17.
execution on social media in which they On 14 February, at least 21 people were
accused her of complicity with security killed, including children and two pregnant
forces. women, in the Ngarbuh neighbourhood in
At least eight students were killed and the North-West region. After NGOs
others injured in an attack on a school on 24 investigated the incident, the government
October in the town of Kumba in Mémé established a Joint Commission of Inquiry
division, South-West region. The authorities which, on 21 April, concluded that 10
accused armed separatists. children and three women had died during
Meanwhile, in the conflict in the Far North “gunfire exchange” between the army,
region, armed groups related to Boko Haram supported by members of a “vigilante group”,
carried out hundreds of attacks, committing and an armed group. The authorities said
serious human rights abuses. Some of these that disciplinary procedures would be taken
amounted to war crimes. Between January against all soldiers who participated in the
and December, at least 312 civilians, operation, while others would face arrest. No
including children as young as 10, were official information was available on this at
killed in at least 412 attacks, according to the end of the year.

Amnesty International Report 2020/21 109


December. At least 500 demonstrators were
INTERNALLY DISPLACED PEOPLE arrested on 22 September, the majority of
As of November, according to the UN Office whom were members or supporters of the
for the Coordination of Humanitarian Affairs Cameroon Renaissance Movement.
(OCHA), more than 700,000 Cameroonians According to lawyers, 160 of them remained
were internally displaced within or outside the in detention in the towns of Douala, Yaoundé,
North-West and South-West regions, as a Bafoussam and Nkongsamba and, as of 9
result of violence. A further 60,000 people December, 13 had been given prison
sought refuge in neighbouring Nigeria. More sentences by civilian courts, and 14 had
than 320,000 people were internally appeared before a military court.
displaced in the Far North region.
TORTURE AND OTHER ILL-TREATMENT
GENDER-BASED VIOLENCE The death in custody of journalist Samuel
The OCHA recorded 676 incidents of gender- Ebuwe Ajiekia was finally revealed by
based violence in the North-West and South- independent media on 2 June, and then by
West regions in September (compared to 567 the National Union of Cameroonian
cases in August). The organization said that Journalists. His whereabouts had been
their records may not have reflected the total unknown for nearly a year, and his death had
number of cases due to their limited access been kept secret by the authorities. On 5
to affected communities. Of all reported June, the Defence Ministry confirmed his
cases, sexual violence represented 39%. death and said that he had died of sepsis on
Survivors of gender-based violence crimes 17 August 2019 at the Cameroon Military
were mostly women (64%). Hospital in Yaoundé, although photographs of
his body showed signs of physical torture and
FREEDOMS OF EXPRESSION AND other ill-treatment. Samuel Ebuwe Ajiekia was
ASSEMBLY arrested in Buea, the capital of the South-
The authorities continued to crack down on West region, on 2 August 2019, after he had
peaceful dissent, banning demonstrations criticized the government’s handling of the
and arbitrarily arresting those who exercised Anglophone crisis. He was initially detained
their rights to freedom of expression and at the Buea police station before being taken
peaceful assembly. On 18 September, four to an undisclosed location.
members of the Stand Up For Cameroon
movement, a coalition of political parties,
NGOs and others, were arrested by the
gendarmerie in Douala city after attending a
CANADA
meeting at the Cameroon People’s Party Canada
headquarters. They were brought before a Head of state: Elizabeth II, represented by Governor
military court on false charges of attempted General Julie Payette
conspiracy, revolution and insurrection. The Head of government: Justin Trudeau
judge ordered their pre-trial detention in New
Bell prison where they remained at the end of There were concerns about governmental
the year. responses to the COVID-19 pandemic,
Maurice Kamto called for peaceful Indigenous land defenders, climate change
demonstrations to take place on 22 and past cases of forced and coerced
September to demand the President’s sterilization of Indigenous women and girls.
resignation. Governors of the West and
Centre regions responded by banning all BACKGROUND
demonstrations for an indefinite period. The Governments at all levels instituted public
security forces surrounded Maurice Kamto’s health measures in response to COVID-19.
house between 22 September and 8 There were concerns about inadequate

110 Amnesty International Report 2020/21


responses for groups experiencing appealed the Canadian Human Rights
disproportionate impact, including Tribunal ruling determining eligibility for
Indigenous Peoples, Black and racialized compensation for Canada’s discrimination
communities, women, older persons, sex against First Nations children.
workers, people seeking asylum, and migrant
workers. Governments did not act on a FAILURE TO PREVENT CLIMATE CHANGE
proposal from more than 300 organizations In February, the Federal Court of Appeal
and experts for human rights oversight of dismissed an appeal by Indigenous groups
responses to the pandemic. challenging construction of the Trans
Mountain Pipeline, which is to transport
INDIGENOUS PEOPLES’ RIGHTS bitumen from oilsands in Alberta.
Throughout the year, Indigenous land In September, the Supreme Court of
defenders were subjected to threats and Canada heard an appeal by three provinces
violence throughout their territories. challenging the federal government’s
In January and February, Indigenous constitutional authority to enact a nationwide
Peoples organized actions in solidarity with carbon-pricing scheme.
land defenders in Wet’suwet’en territory In November, the government proposed
facing rights violations from the federal and climate legislation that will enshrine a
British Columbia governments and the Royal commitment to net-zero carbon emissions by
Canadian Mounted Police. 2050 but was criticized by civil society as
In April, the federal government and being insufficient given Canada’s
Asubpeeschoseewagong First Nation reached responsibilities as a wealthy nation.
an agreement to fund a health care facility to In December, the government released a
treat decades of mercury poisoning. new plan for meeting Canada’s climate
In May, First Nations in northern Manitoba targets that includes significant increases in
successfully advocated to be consulted by carbon pricing in coming years.
Manitoba Hydro on measures to prevent the
spread of COVID-19 from the Keeyask WOMEN’S RIGHTS
Hydroelectric Dam construction site. In February, in its response to 2018 UN
In July, the government of British Committee against Torture recommendations
Columbia ordered an independent review of regarding forced and coerced sterilization of
ongoing construction of the Site C dam, Indigenous women and girls, the government
which does not have the consent of directly failed to commit to investigate cases, halt the
affected First Nations and faces mounting practice or ensure justice for survivors.
geotechnical risks. In September, the government committed
In September, Joyce Echaquan, an to invest in a Canada-wide early learning and
Atikamekw woman, live-streamed racist child care system that will be “accessible,
taunts from health care workers before her affordable, inclusive, and high quality”.
death at a Quebec hospital. Her death In September, the government promised to
prompted calls to address racism in health “accelerate” development of a National
care. Action Plan in response to the 2019 report by
In October, government and police failed the National Inquiry into Missing and
to respond adequately to violence and Murdered Indigenous Women and Girls, and
property damage experienced by Mi’kmaq re-committed to developing a National Action
fishers in Nova Scotia exercising their right to Plan on gender-based violence, but gave no
fish lobster. details of the process.
In December, the federal government In November, the Quebec Superior Court
tabled a bill to implement the UN Declaration heard a legal challenge to the province’s
on the Rights of Indigenous Peoples. The “secularism” law, which bans certain public
same month, Canada contested and servants from wearing religious symbols at

Amnesty International Report 2020/21 111


work, raising concerns about gender equality, other essential services impacted by
discrimination, religious freedom and COVID-19.
freedom of expression.
CORPORATE ACCOUNTABILITY
DISCRIMINATION In February, the Supreme Court ruled that a
A disproportionate number of Indigenous, lawsuit by Eritrean nationals against
Black and other racialized individuals died Vancouver-based Nevsun Resources,
following interactions with police during the regarding human rights abuses associated
year. with the company’s mine in Eritrea, could
In September, the federal government proceed in Canadian courts. The plaintiffs
“pledged to address systemic racism”, reached a confidential settlement with the
including in policing and the justice system, company in October.
but did not ban police practices of identity In June, Alberta province passed the
card checks and street checks. Critical Infrastructure Defence Act,
In October, an Ottawa police officer was prohibiting protests and similar actions
acquitted of charges related to the 2016 targeting infrastructure deemed “essential”.
death of Abdirahman Abdi, a Black man, A challenge to the law’s infringement of
during a violent arrest. freedoms of speech, assembly and
Also in October, the government facilitated association was pending.
the return to Canada of a five-year-old In September, the Special Rapporteur on
Canadian orphan from northeast Syria but toxics and human rights called on Canada to
refused to act on cases of at least 46 other grant the Canadian Ombudsperson for
citizens, including 25 children, arbitrarily Responsible Enterprise (CORE) promised
detained in camps controlled by Kurdish powers to independently investigate alleged
forces. human rights abuses associated with
Canadian companies operating abroad.
RIGHTS OF REFUGEES AND MIGRANTS Export Development Canada failed to act
In March, as part of COVID-19 border control on civil society calls to reform its due
measures, the government prohibited most diligence screenings of loans to controversial
people seeking asylum from entering Canada projects such as the Hidroituango dam in
from the USA. Colombia. Prosecutors did not act on a 2019
In July, the Quebec government recommendation from investigators to lay
announced it would stop refusing public criminal charges against those responsible
health services to children who are Canadian for the 2014 Mount Polley mine disaster. An
citizens but whose non-citizen parents are appeal by affected communities of the
not covered by provincial health insurance. company’s permit to discharge untreated
The change had not been implemented by mine waste into Quesnel Lake was pending.
the end of the year.
In July, the Federal Court struck down the RIGHTS OF LESBIAN, GAY, BISEXUAL,
Canada/US Safe Third Country Agreement, TRANSGENDER AND INTERSEX (LGBTI)
which bars most asylum claims at official PEOPLE
land border posts. The ruling was suspended In October, the government tabled proposed
in October pending the outcome of an legislation to ban conversion therapy that
appeal. seeks to change people’s sexual orientation
In August, the federal government or suppress a person’s gender identity or
announced a programme to provide expression.
permanent resident status to asylum-seekers
who worked in health care facilities between IRRESPONSIBLE ARMS TRANSFERS
March and August. The programme was not In April, the federal government ended a
available to refugee claimants who worked in moratorium on new arms export permits to

112 Amnesty International Report 2020/21


Saudi Arabia, despite ongoing concerns that Change to oppose the presidential election
Saudi forces are responsible for war crimes in and launched several attacks in the west and
Yemen. south of the country.
In October, the federal government
suspended arms exports to Turkey while ABUSES BY ARMED GROUPS
investigating reports that Canadian drone- Armed groups were responsible for war
sensor technology was improperly used in the crimes and other human rights abuses,
conflict between Azerbaijan and Armenia. including killings, sexual violence against
civilians and attacks against humanitarian
workers. The Popular Front for the Rebirth of
CENTRAL AFRICAN Central African Republic; the Central African
Patriotic Movement; Return, Reclamation

REPUBLIC and Rehabilitation (known as 3R); the Union


for Peace in the Central African Republic;
and Anti-Balaka were among the main
Central African Republic perpetrators.
Head of state: Faustin-Archange Touadéra
According to the UN Security Council, 18
Head of government: Firmin Ngrébada
civilians were killed in Ndélé city, in the
north-east, in an attack by armed groups in
Armed groups continued to commit war March. Between June and October, the UN
crimes and other human rights abuses. Secretary-General reported 271 cases of
Sexual violence remained widespread. The human rights abuses including homicides,
justice system made important but limited rapes and lootings. Over the same period, the
progress towards combating impunity for UN recorded 60 cases of conflict-related
crimes under international law. The right to sexual violence including 55 rapes or
health was severely restricted. Foreign attempted rapes resulting in the death of one
companies were responsible for the victim, four forced marriages and one case of
environmental degradation of local people’s sexual slavery. The country continued to be
land and water. one of the most dangerous places for the
staff of humanitarian organizations. The UN
BACKGROUND Office for the Co-ordination of Humanitarian
Following the Khartoum Peace Agreement, Affairs (OCHA) recorded 424 incidents
signed by the government and 14 armed targeting aid workers and their facilities –
groups in February 2019, the security mainly robberies, thefts and threats –
situation remained precarious. Armed including 59 cases in December. Three
groups, including the Ex-Seleka and Anti- humanitarian workers were killed and 29
Balaka, continued to control most of the injured.
country’s territory. In July, the UN Security According to the June report of the UN
Council renewed its arms embargo on the Panel of Experts on the Central African
country for one year. In November, the Republic, armed groups continued to benefit
mandate of the UN Multidimensional from the increase in gold production. For
Integrated Stabilization Mission in the Central instance, in Nana-Mambéré and Mambéré-
African Republic (MINUSCA) was also Kadéï prefectures, the 3R imposed taxes on
renewed for a year. miners. The Experts also expressed concerns
On 3 December, the Constitutional Court about reports of illegal international trafficking
rejected several candidacies for the networks which funded and supplied armed
presidential election of 27 December, groups.
including of former President Francois
Bozizé. On 17 December, several armed
groups formed the Coalition of Patriots for

Amnesty International Report 2020/21 113


between January and March. In 92% of
RIGHT TO TRUTH, JUSTICE AND cases the violence was perpetrated against
REPARATION women and girls; 52% of cases happened in
Impunity for crimes under international law the victim’s home; and 63% of attacks were
remained widespread. Several armed group carried out by perpetrators who were known
leaders held roles in government while their to their victims. However, some victims did
members committed human rights abuses. not report crimes for fear of reprisals or
In February, the criminal court of Bangui stigma.
convicted five Anti-Balaka leaders for war In April, the UN Human Rights Committee
crimes and crimes against humanity in issued its concluding observations on the
relation to the 2017 attack in Bangassou, in country’s third periodic report in which it
which at least 62 civilians and 10 UN expressed concerns about various legal
peacekeepers were killed. It was the first provisions in the Criminal Code, including
conviction for crimes under international law Article 105 “which allows the perpetrator of
since the conflict started. However, serious an abduction to marry the victim, thereby
concerns arose during the trial over the rights depriving the latter of the right to take
of the defendants and protection of victims proceedings against the former”. The
and witnesses. The work of the criminal Committee recommended that the
courts was hindered in March when the government repeal Article 105 and also that it
COVID-19 pandemic brought hearings to a adopt comprehensive anti-discrimination
halt for the rest of the year. legislation.
The Special Criminal Court, a UN-backed
hybrid court mandated to investigate and RIGHT TO HEALTH
prosecute crimes under international law, According to the WHO, humanitarian
and other serious human rights violations organizations provided 70% of all health
committed in the country since 2003, services, and the country was among those
confirmed in September that 10 cases were least prepared to deal with the COVID-19
under investigation. At least 21 people were pandemic. In October, the organization
arrested as a result of investigations in 2019 reported that PPE for health care personnel
and 2020 and were in pre-trial detention at met less than one third of estimated needs,
the end of the year. However, proceedings and there were only two ventilators available
lacked transparency and the identities of nationwide. There were just four COVID-19
those arrested were not publicly disclosed. treatment centres which were based in
There were also delays in the recruitment of Bangui, the capital. Outside the capital, there
international judges and the establishment of were seven centres for the treatment of mild
the Court’s legal aid system. and moderate cases which provided
Alfred Yekatom and Patrice-Edouard quarantine facilities.
Ngaïssona, Anti-Balaka leaders, remained According to OCHA, over half the
waiting to face trial before the ICC, which was population – 2.6 million people – were in
scheduled to start in February 2021. They need of humanitarian assistance and
were arrested for war crimes and crimes protection, including 660,000 people who
against humanity and were transferred to The were, by 31 July, internally displaced by
Hague in 2018 and 2019 respectively. violence. Children were particularly affected
by the dire humanitarian situation. One child
GENDER-BASED VIOLENCE in 18 was at a high risk of dying from severe
The Gender-Based Violence Information acute malnutrition, and only one in 10 had
Management System recorded 2,904 access to hygiene facilities, while one third of
incidents of gender-based violence, including the population had access to safe drinking
668 cases of sexual violence, between April water.
and June, compared to 1,299 incidents

114 Amnesty International Report 2020/21


ENVIRONMENTAL DEGRADATION BACKGROUND
In April, seven people died in one week in the The security situation remained precarious,
Bozoum region, reportedly as a result of particularly in the Lake Chad area where
extensive environmental damage caused by Boko Haram and the Islamic State in West
four gold mining companies who abandoned Africa Province (ISWAP) operated. Deadly
their mines in late April. inter-communal violence continued including
In 2018, the companies had cut down in Batha and Sila provinces.
trees, diverted an area of the Ouham river Legislative elections were postponed for
and excavated the riverbed, leaving it in the fifth year and scheduled for 2021
ruins. Analysis of water samples showed because, according to the Electoral
evidence of mercury contamination far in Commission President, the census was
excess of international safety standards. delayed by the impact of the COVID-19
Local people reported that the river water was pandemic. At the end of October, for several
filthy, and fish stocks had declined. days, police units surrounded offices of
Residents of Boyele village had to travel political parties and civil society organizations
10km to find safe drinking water. People who had refused or not been invited to
living in the area reported that some people participate in a governmental national forum
had developed skin rashes; there were also on institutional and political reforms.
reports of the rate of miscarriages being The government adopted measures to
disproportionately high, and several babies control the spread of the pandemic, including
were born with physical deformities. a ban on gatherings, a curfew, and heavy
According to the local population, they fines and prison sentences for not wearing
were not consulted about the mining project, face masks; they also took steps to address
nor were any environmental and social hardship.
impact studies conducted prior to the
excavation process, as required under Article ARBITRARY ARRESTS AND DETENTIONS
34 of the Environmental Code. There was no In January, Baradine Berdei Targuio, a
established system to allow residents to make human rights defender, was taken from his
compensation claims against land home in N’Djamena, the capital, by armed
appropriation. men wearing balaclavas. He was believed to
be held incommunicado at the National
Security Agency in N’Djamena. In February,
CHAD the Justice Minister confirmed he had been
arrested for “subversive activities on social
Republic of Chad media”. In violation of the law, he was not
Head of state and government: Idriss Déby Itno presented to a prosecutor and an
investigative judge until August. He was
charged with breaching national security,
Freedom of expression was restricted. illegal possession of weapons, and assault
Measures to control the spread of COVID-19 and battery. He remained in arbitrary
limited many people’s access to food. detention pending trial.
Access to health care was restricted. Early On 27 November, police arrested and
marriage and female genital mutilation detained Alain Kemba Didah of The Time, a
(FGM) continued in violation of the law. citizen movement, at the FM Liberté radio
Armed groups committed human rights station in N’Djamena, apparently in
abuses against the population. connection with the authorities’ ban on an
alternative forum on reforms, initiated by
political parties and civil society
organizations. He was charged with

Amnesty International Report 2020/21 115


“disturbing public order” and “acts of including dozens of women, were arrested in
rebellion”. He was released on 11 December the streets and workplaces in May. Many
after a tribunal acquitted him. were beaten with batons in detention, for
violating the curfew in the Mayo-Kebbi West
FREEDOM OF EXPRESSION and Oriental Logone provinces.
The rights to freedom of expression and
access to information continued to be ECONOMIC, SOCIAL AND CULTURAL
violated. In March, the Union of Chadian RIGHTS
Journalists said two national television Right to food
journalists and their driver were beaten by In July, the Famine Early Warning Systems
the police in N’Djamena while they were Network (FEWS-NET) said that COVID-19
reporting on COVID-19 restrictions on measures had led to increased economic
gatherings. They were interrogated for three hardship among those living in poverty,
hours before being released without charge. rendering many food insecure. In the north
Since 22 July, social media platforms were and east, the cost of staple foods increased
partially blocked after a video was circulated by 21%. The armed conflict in the Lake Chad
showing an army colonel in a fight with some area also caused widespread hunger. FEWS-
men in N’Djamena. The Minister of NET said that 39 of the 107 departments
Communication said that the measure, which were affected, among which 15 were in
remained in place at the end of the year, was crisis, and nearly 4 million people were in
taken to prevent people from sending hate need of humanitarian assistance.
messages.
In September, the High Authority for Right to health
Broadcast Media suspended 12 perceived Access to health care was limited. According
opposition newspapers for three months on to government data people travelled around
grounds they did not comply with the press an average of 45km to access health centres.
law which required them to employ a director There was a ratio of one doctor to 28,531
of publications and editor-in-chief who were people and one midwife to 5,902 women.
trained journalists and university graduates. Medical equipment and facilities were
inadequate to deal with the influx of
TORTURE AND OTHER ILL-TREATMENT COVID-19 patients. In May, the WHO said
On 14 April, during a military operation that the COVID-19-related death rate was 6%
against armed groups in the Lake Chad area, higher than the average in the continent.
known as “Bohoma Anger”, 58 suspected In June, the LTDH said that 68 health
members of Boko Haram were arrested and workers were reported to have been infected
detained at the N’Djamena Gendarmerie due to lack of PPE. The government’s
Legion 10. By 16 April, 44 of them had died quarantine facilities for patients or others at
in their cell. The Public Prosecutor said risk of having contracted COVID-19 did not
autopsies concluded that they had died after provide for necessary isolation to prevent the
consuming a poisonous substance. The spread of infection. According to the LTDH,
National Human Rights Commission (NHRC) hygiene standards were poor, water was
investigated the case and said poor detention scarce and medical care insufficient.
conditions could have contributed to their
deaths, and rejected claims that they had WOMEN’S RIGHTS
committed suicide. The men were held in Media continued to report cases of early
cramped cells, forced to sleep on the floor marriage, a practice which violated a 2015
without bedding and were denied water and law prohibiting child marriage. According to
food. UNICEF, the child marriage rate was one of
The Chadian League for Human Rights the highest in the world.
(LTDH) reported that more than 200 people,

116 Amnesty International Report 2020/21


Women’s rights organizations said that declared a “state of catastrophe” due to the
more than 200 girls were subjected to FGM pandemic in March, which was extended
in July and August in the Mandoul and until December. This imposed restrictions on
Logone Oriental provinces. In September, the movement and a night-time curfew. Chile was
NHRC expressed concern about the increase one of the 10 countries worldwide with the
in FGM which was illegal under national law. highest number of deaths per million
inhabitants due to COVID-19, affecting mostly
ABUSES BY ARMED GROUPS poorer communities and those in vulnerable
Boko Haram and ISWAP committed serious situations.
human rights abuses against the population Chile failed to adhere to the Regional
in the Lake Chad area which resulted in Agreement on Access to Information, Public
dozens of deaths. According to the Participation and Justice in Environmental
International Organization for Migration, Matters in Latin America and the Caribbean
298,803 people were internally displaced in (the Escazú Agreement).
April in the region, rising to 363,807 in In October, Chile held a referendum and
September; 64% of them had left their approved a process to draft a new
villages to escape the violence. Constitution.
In one case, reported by the UN Secretary-
General, 10 people were killed in August EXCESSIVE USE OF FORCE
when Boko Haram attacked their village, Mass protests continued from January until
Tinana, in the Kaya department. According to mid-March, with multiple new incidents of
local authorities, during the night armed men excessive use of force. At least two new
surrounded the village, fired on civilians and criminal lawsuits for alleged crimes against
looted houses. humanity were filed against President Piñera
and other officials. At the end of the year, the
Regional Prosecutor of Valparaíso was jointly
CHILE investigating these and other lawsuits filed in
2019.
Republic of Chile The National Human Rights Institute
Head of state and government: Sebastián Piñera expressed concern at the slow pace of
Echenique investigations into human rights violations
that occurred during the mass protests in
Although mass protests against persistent 2019. In August, the Prosecutor’s Office filed
inequalities decreased due to the COVID-19 formal charges against policemen accused in
pandemic, those that did take place were cases such as the blinding of Gustavo Gatica
usually met with excessive use of force by and Fabiola Campillai, almost a year after the
state agents, often resulting in serious incidents to which the charges related.
injuries. The government misused the law to Administrative investigations and sanctions
criminalize protesters, invoking the State by the Carabineros (Chilean National Police)
Security Law and introducing new criminal were slow and ineffective, often based on less
laws. The pandemic had a disproportionate serious administrative offences rather than
impact on those living in poverty and those human rights violations.
dependent on public health services, as Organizers of “soup kitchens” set up to
well as on public health workers. address widespread hunger said police
resorted to excessive use of force to try to
BACKGROUND shut them down.
Mass demonstrations continued in the first In March, during the curfew, police shot
months of the year but largely stopped in Jonathan Reyes in the chest, killing him. The
compliance with measures to curb the police alleged they acted in self-defence, but
spread of COVID-19. The government

Amnesty International Report 2020/21 117


video footage showed there was no evident
threat when the shot was fired. INDIGENOUS PEOPLES
As measures to curb COVID-19 were In June, Mapuche women who sell
relaxed, protests increased. In October, a 16- vegetables on the streets in the city of
year-old protester sustained serious injuries Temuco in the south of the country filed a
after a policeman pushed him and he fell off criminal lawsuit against the Chilean National
a bridge onto the concrete channel of the Police for torture in detention, including
Mapocho River in the city of Santiago. A forced nudity. The women had been
policeman was charged and the prosecution harassed for several years due to a municipal
produced evidence that police officers did ban on selling goods on the street.
not attempt to help the injured youth. In August, Mapuche protesters occupied
Recommendations by commissions on the premises of the Municipality of
police reform set up since November 2019 Curacautín in southern Chile. Private
by government and Congress had yet to be individuals came to the building to “support
implemented. A bill to “modernize” the the police” who were ejecting the Mapuche.
police, with a narrow focus on stricter The individuals shouted racist slurs and
oversight procedures, was before Congress at allegedly burned a protester’s vehicle. All the
the end of the year. Mapuche were detained, but neither the
government nor the police took action against
REPRESSION OF DISSENT the individuals who had engaged in acts
The government filed lawsuits against over against the Mapuche.
1,000 protesters using the State Security The trial of the policemen accused of
Law, which is not in line with international killing Camilo Catrillanca, a Mapuche, in
human rights law and carries a risk of November 2018 began in March but was
political harassment. suspended due to the pandemic. It restarted
An “anti-barricade” law came into force in in a partly in-person and partly virtual format
January, increasing penalties for people who on 27 October.
impede free movement by placing objects on
streets. The broad and vague definition used SEXUAL AND REPRODUCTIVE RIGHTS
in the law risks criminalizing legitimate acts of The government failed to prioritize sexual and
protest. reproductive health care as essential services
during the pandemic or issue protocols to
RIGHT TO HEALTH provide abortion services for the limited
Health workers told Amnesty International reasons allowed for in law.
that, during the peak of the pandemic, they In October, Congress rejected a bill to
worked in unsafe conditions, with insufficient regulate comprehensive sexuality education
personal protection equipment and high for young people.
levels of stress, placing their physical and
mental health at risk. They also said that they RIGHTS OF LGBTI PEOPLE
risked sanctions if they spoke out publicly. Changes to the anti-discrimination law to
This affected mostly public hospitals that expand its scope and include prevention
provide services to poorer communities. measures as well as reparation to victims was
Private clinics did not report these problems before Congress at the end of the year.
and had significantly lower mortality rates. In June, for the first time, a judicial
To reduce overcrowding in prisons, decision recognized in law two women as the
Congress passed a law that enabled over mothers of a child and ordered the Civil
1,700 prisoners at high risk from COVID-19 Registry to register them as a family, which
to be released and placed under house the Civil Registry had refused to do. The
arrest. child, a two-year-old boy, was registered with
two mothers in July.

118 Amnesty International Report 2020/21


thousands of submissions by the public
RIGHTS OF MIGRANTS calling for legalization of same-sex
In December, Congress approved a new bill marriage. Hong Kong’s National Security
on migration that could reduce the Law led to a clampdown on freedom of
opportunities for migrants to regularize their expression.
legal status once in Chile and undermine the
principle of non-refoulement. A group of HUMAN RIGHTS DEFENDERS
Congresspeople filed a requirement before Despite constitutional provisions and its
the Constitutional Court, asking to declare international commitments and obligations,
parts of the law unconstitutional. A decision China continued its unrelenting persecution
was pending. of human rights defenders (HRDs) and
Due to the pandemic, the government activists. Throughout the year, they were
initiated a “humanitarian plan of orderly systematically subjected to harassment,
return” for foreign nationals who wanted to intimidation, enforced disappearance and
return to their countries. People who arbitrary and incommunicado detention, as
accessed the plan were required to accept well as lengthy terms of imprisonment. The
being banned from returning to Chile for nine absence of an independent judiciary and
years. In July, the Supreme Court ruled that effective fair trial guarantees compounded
this requirement was unlawful. such recurrent violations. Many human rights
lawyers were denied their right to freedom of
movement, as well as to meet and represent
CHINA defendants and have access to case
materials. HRDs and activists were targeted
People’s Republic of China and charged with broadly defined and
Head of state: Xi Jinping vaguely worded offences such as “subverting
Head of government: Li Keqiang state power”, “inciting subversion of state
power” and “picking quarrels and provoking
The year was marked by harsh crackdowns trouble”.
on human rights defenders and people Dozens of prominent HRDs and activists
perceived to be dissidents, as well as the continued to be arbitrarily detained after
systematic repression of ethnic minorities. attending a private gathering in Xiamen,
The beginning of the year saw the start of Fujian province, in December 2019. On 23
the COVID-19 outbreak in Wuhan, which March, UN human rights experts expressed
killed more than 4,600 people in China. grave concerns for former human rights
People demanded freedom of expression lawyer Ding Jiaxi and other HRDs whom they
and transparency after authorities said had been subjected to enforced
reprimanded health professionals for disappearance. On 19 June, after six months’
warning about the virus. At the UN, China incommunicado detention, legal scholars Xu
was strongly criticized and urged to allow Zhiyong and Ding Jiaxi were formally arrested
immediate, meaningful and unfettered for “inciting subversion of state power” and
access to Xinjiang. Stringent restrictions on placed under “residential surveillance at a
freedom of expression continued unabated. designated location” without access to their
Foreign journalists faced detention and family and lawyers of their choice.1,2 On 24
expulsion, as well as systematic delays to February, Hong Kong bookseller Gui Minhai
and refusals of visa renewals. Chinese and was sentenced to 10 years’ imprisonment on
other tech firms operating outside China charges of “illegally providing intelligence to
blocked what the government deemed foreign entities” following his secret trial.3
politically sensitive content, extending its Anti-discrimination activists Cheng Yuan, Liu
censorship standards internationally. China Yongze and Wu Gejianxiong were tried in
enacted its first Civil Code, which received secret between 31 August and 4 September

Amnesty International Report 2020/21 119


on the charge of “subversion of state power” extremism” and “counter-terrorism” in the
after more than a year of incommunicado Xinjiang Uyghur Autonomous Region
detention. The three men were arbitrarily (Xinjiang) and the Tibet Autonomous Region
detained solely for advocating for the rights of (Tibet). Access to and from Tibet remained
marginalized groups and at-risk people. highly restricted, particularly for journalists,
Huang Qi, founder and director of the academics and human rights organizations,
Sichuan-based human rights website “64 making it extremely difficult to investigate and
Tianwang”, was finally allowed to talk to his document the human rights situation in the
mother on 17 September, the first time since region. In Xinjiang, since 2017 an estimated
being detained more than four years one million or more Uyghurs, Kazakhs and
previously. Huang’s health had reportedly other predominantly Muslim peoples were
deteriorated since being sentenced to 12 arbitrarily detained without trial and
years’ imprisonment in January 2019 and he subjected to political indoctrination and
appeared to show symptoms of malnutrition. forced cultural assimilation in
Australian writer and blogger Yang Hengjun, “transformation-through-education” centres.
held incommunicado since 30 December Documenting the full scope of violations
2019 and charged with espionage, was finally remained impossible due to a lack of publicly
able to meet with an Australian consular available data and restrictions on access to
representative and his lawyer on 31 August. the region. Despite having initially denied the
Yang reportedly endured over 300 existence of camps, authorities later
interrogations and continued to deny all described them as “vocational training”
allegations against him. centres. Nevertheless, satellite imagery
Five years after the unprecedented indicated that an increasing number of
crackdown targeting human rights activists camps continued to be built throughout the
and lawyers known as the “709 crackdown”, year.
many lawyers remained in prison or under Missing since 2017, prominent Uyghur
strict surveillance. On 17 June, human rights historian and publisher Iminjan Seydin
lawyer Yu Wensheng was tried in secret and suddenly reappeared and praised the
sentenced to four years’ imprisonment for Chinese government in a video published by
allegedly “inciting subversion of state power” a state-run English language newspaper in
after being held incommunicado for 18 early May. His comments in the video
months.4 Yu was tortured in detention and his appeared to have been scripted in an attempt
health deteriorated drastically, according to to discredit his daughter’s public testimony
his lawyer. Human rights lawyer Jiang about his arbitrary detention. Ekpar Asat, a
Tianyong, released in 2019 after serving a Uyghur entrepreneur and philanthropist,
two-year sentence for “inciting subversion of went missing in 2016, after returning to
state power”, remained under strict Xinjiang from attending a US State
surveillance along with his parents. Human Department leadership training programme.
rights lawyer Wang Quanzhang was released In January, his sister discovered that Asat
from prison on 4 April after more than four had been convicted in secret on charges of
years’ imprisonment for “subverting state “inciting ethnic hatred and ethnic
power” and reunited with his family in late discrimination” and sentenced to 15 years in
April. According to his lawyer, Wang had prison. Detained since January, Uyghur
been subjected to torture. model Mardan Ghappar had not been seen
or heard from since March when his
AUTONOMOUS REGIONS: XINJIANG, messages and images describing his poor
TIBET AND INNER MONGOLIA detention conditions were shared on social
Severe and wide-ranging repression of ethnic media. Mahira Yakub, a Uyghur who worked
minorities continued unabated under the in an insurance company, was indicted for
pretence of “anti-separatism”, “anti- “giving material support to terrorist activity” in

120 Amnesty International Report 2020/21


January for transferring money to her parents In Inner Mongolia, there were region-wide
in Australia. According to her sister, the protests over a new “bilingual education”
money was transferred in 2013 to help her policy that would gradually change the
parents buy a house. Kazakh writer Nagyz teaching medium of several classes from
Muhammed was sentenced to life Mongolian to Mandarin Chinese throughout
imprisonment in September on charges of the nine years of compulsory schooling.
“separatism” in connection with a dinner he According to media reports, hundreds of
had with friends on Kazakhstan people, including students, parents,
Independence Day around 10 years ago. teachers, pregnant women and children,
An increasing number of Uyghurs living were arrested for “picking quarrels and
overseas requested proof of life from provoking trouble” solely because they
authorities for their missing relatives in participated in peaceful protests or shared
Xinjiang. Uyghurs living overseas were information about protests on the internet.
reportedly told by Chinese diplomatic offices Human rights lawyer Hu Baolong was
in their countries of residence that they could reportedly formally arrested on charges of
only renew their Chinese passports if they “leaking state secrets overseas”.
returned to Xinjiang. Chinese embassies and
agents harassed and intimidated members of RIGHT TO HEALTH
the Uyghur and other diaspora minority Government censorship obstructed the flow
communities across the globe.5 To silence of vital information during the earliest weeks
and suppress the activities of Uyghurs living of the COVID-19 outbreak in Wuhan. In the
abroad, local authorities in Xinjiang reportedly early stage of the epidemic, professional and
targeted their relatives there. Numerous citizen journalists, as well as health workers,
Uyghurs residing overseas were contacted by were prevented from reporting on the
Chinese security agents via messaging apps outbreak. The local authorities later admitted
and asked to provide information, such as ID that they had withheld information, thus
numbers, locations of residence, passport impeding the public’s timely access to
photos and ID information of their spouses. necessary information about the virus. By 21
Others reportedly received repeated calls February, there were already more than
from security police asking them to gather 5,511 criminal investigation cases against
information about and spy on others in individuals who published information in
overseas Uyghur communities. relation to the COVID-19 outbreak for
In June, 50 independent UN human rights “fabricating and deliberately disseminating
experts strongly criticized China for the false and harmful information”, according to
repression of religious and ethnic minorities the Ministry of Public Security. Although
in Xinjiang and Tibet, among others. On 6 health professionals had raised alarms about
October, 39 UN member states issued a joint the virus in late December 2019, the
statement expressing grave concerns about government’s failure to promptly respond and
the human rights situation in Xinjiang, Hong its targeting of those who spoke out delayed a
Kong and other regions, urging China to allow co-ordinated response.7
immediate, meaningful and unfettered Extensive application of personal and
access to Xinjiang for independent observers, technological surveillance in the name of
including the UN High Commissioner for public health and safety further tightened the
Human Rights and relevant UN special state’s grip on society.8 Each provincial
procedure mandate holders. Capitalizing on government assigned hundreds of thousands
its rising political and economic influence of community workers to watch over their
and expanding role within the UN, China neighbourhoods under a “grid management
continued to seek ways to challenge system” deployed to enforce lockdowns.
established human rights mechanisms.6 Many residents unable to produce relevant
documents or who had recently been out of

Amnesty International Report 2020/21 121


town were denied entry to their own homes. February after reporting on the outbreak and
In April, African residents of Guangzhou and posting footage from hospitals in Wuhan.
other locations were evicted from their homes Their exact whereabouts remained unknown.
and hotels and barred from restaurants, On 28 December, citizen journalist Zhang
facing discrimination in relation to the Zhan was sentenced to four years’
COVID-19 pandemic. imprisonment for reporting on COVID-19 in
Wuhan. Shackled 24 hours a day for more
FREEDOM OF EXPRESSION than three months, Zhang was reportedly
Internet censorship continued, driven partly tortured and forcibly fed by officials after she
by efforts to suppress information about began a hunger strike.
COVID-19 and extreme lockdown measures. During the year, some foreign journalists
Medical professionals and activists were faced expulsion while others experienced
harassed by authorities for “making false delays to and refusal of visa renewals. The
comments” and “severely disturbing the Chinese foreign ministry revoked credentials
social order” in Wuhan, the epicentre of the for and expelled American journalists from
pandemic. Doctor Li Wenliang, one of eight multiple US media groups. In August,
individuals who tried to sound the alarm Australian journalist Cheng Lei was placed in
before the outbreak had been announced, “residential surveillance at a designated
was reprimanded by local police four days location” on suspicion of “endangering
after he sent a warning message in a chat national security”. Two other Australian
group asking fellow doctors to wear personal journalists left the country after initially being
protective equipment to avoid infection. His barred from exiting and interrogated by
subsequent death from COVID-19 unleashed security officials.
nationwide outrage and grief on the internet, In April, authorities placed new stringent
with demands for freedom of expression and restrictions on academic papers about
an end to censorship. The authorities tracing the origins of COVID-19, requiring
blocked hundreds of keyword combinations them to be submitted to a task force
on social media and messaging apps. Online appointed by the State Council for approval.
posts of dissent, sensitive hashtags related to On 13 July, law professor Xu Zhangrun, who
the outbreak and demands for free speech published criticism of the government’s
were quickly deleted. Leaked notices response to the COVID-19 outbreak, was
indicated that authorities ordered people released after six days’ detention. Xu was
accused of “spreading rumours” to delete reportedly fired from his job at Tsinghua
their social media accounts and posts. University one day after his release. On 19
Authorities detained or otherwise punished August, Peking University announced a new
people for revealing details about the set of rules for attending online webinars and
COVID-19 outbreak. Numerous journalists conferences organized by foreign entities, as
and activists were reportedly harassed and well as those in Hong Kong and Macau. The
subjected to prolonged incommunicado notice demanded that participants apply for
detention solely for sharing information about and seek approval 15 days before an event.
COVID-19 on social media. Human rights China’s censorship and surveillance
defender Chen Mei, along with two other extended beyond its borders during the year.
contributors to a crowd-sourced project Complying with strict domestic censorship
known as Terminus2049, were detained by standards, Chinese tech firms operating
police in Beijing on 19 April and remained outside China blocked and censored content
out of contact with their families, solely for deemed to be “politically sensitive”, including
collecting and archiving public information topics relating to ethnic minorities, political
about the pandemic. Outspoken lawyer and unrest and criticism of the Chinese
citizen journalist Chen Qiushi and Wuhan government. On 12 June, teleconferencing
resident Fang Bin went missing in early company Zoom revealed that it had

122 Amnesty International Report 2020/21


suspended the accounts of human rights official complaint about references to gay and
activists outside China at the request of the lesbian people as suffering from a “common
Chinese government and suggested it would psychosexual disorder” in a government-
block any further meetings that the approved textbook. The court rejected the
government considered “illegal”.9 TikTok, a lawsuit in August, even though China had
video-sharing app, deleted numerous videos stopped classifying “homosexuality” as a
shared by Uyghurs living abroad to draw mental disorder in 2001. On 28 May, the
attention to their missing relatives. Leaked National People’s Congress (NPC) adopted its
internal documents showed that the platform first ever Civil Code, a draft of which had
had instructed moderators to censor videos received 213,634 comments from the public
featuring “politically sensitive” topics, such as regarding the marriage chapter. Although an
Falun Gong or the 1989 crackdown in NPC spokesperson acknowledged a large
Tiananmen Square. volume of calls for same-sex marriage, it was
still not legalized under the Civil Code, which
FREEDOM OF RELIGION AND BELIEF took effect on 1 January 2021.
Regulations, effective as of 1 February,
stipulated that religious groups must “follow HONG KONG SPECIAL ADMINISTRATIVE
the leadership of the Communist Party of REGION
China… persist in the direction of sinicization China’s top legislature adopted the broadly-
of religion, and practise core socialist values”. worded Law of the People’s Republic of
The government sought to bring religious China on Safeguarding National Security in
teachings and practices in line with state the Hong Kong Special Administrative Region
ideology and to comprehensively strengthen (the National Security Law). The local
control over both state-approved and government escalated its crackdown on pro-
unregistered religious groups. Reports democracy activists and opposition leaders
documented the destruction of thousands of and used national security as a pretext to
cultural and religious sites, particularly in the interfere in the media and education sectors.
north-west of China. The state’s repression of The right to freedom of peaceful assembly
religion in Xinjiang and Tibet remained was further curtailed by seemingly arbitrary
severe. People were arbitrarily detained for enforcement of physical distancing
ordinary religious practices that authorities regulations in the context of the COVID-19
deemed “signs of extremism” under the “De- pandemic.
extremification Regulations”.
Freedoms of assembly and association
LESBIAN, GAY, BISEXUAL, Repression of the right to peaceful assembly
TRANSGENDER AND INTERSEX (LGBTI) persisted following the protests in 2019.10
PEOPLE Just three hours into a protest on New Year’s
On 13 August, Shanghai Pride, China’s Day, police declared an approved
largest and longest-running LGBTI festival, demonstration “unlawful” and gave the
announced the cancellation of all future organizers and tens of thousands of largely
activities amid shrinking space for the LGBTI peaceful protesters 30 minutes to disperse.
community. Activists faced harassment for The police then started firing tear gas and
speaking out against discrimination and water cannons at protesters and arrested 287
homophobia. Online platforms, including people, including three human rights
microblogs and magazines, blocked and monitors.
removed LGBTI-related content and On 18 April, the authorities arrested 15
hashtags. Despite various challenges and prominent pro-democracy leaders and
mounting pressure, members of LGBTI activists for violating the Public Order
communities continued to fight for their Ordinance, a law frequently used to prohibit
rights. A university student reportedly filed an and end largely peaceful protests. They were

Amnesty International Report 2020/21 123


accused of organizing and joining
“unauthorized assemblies” that took place Freedom of expression
more than six months before their arrests. National security was used as a pretext to
The right to freedom of peaceful assembly restrict freedom of expression. Virtually
was further curtailed after the authorities anything could be deemed a threat to
imposed physical distancing regulations in “national security" under the extremely vague
response to the COVID-19 pandemic. In provisions of the National Security Law
March, the government introduced the adopted on 30 June without any meaningful
Prevention and Control of Disease consultation and coming into effect the next
(Prohibition on Group Gathering) Regulation, day. Giving the authorities new grounds to
banning public gatherings of more than four prosecute peaceful activities, the law created
people. The ban was revised several times a chilling effect on free expression.11 By the
and at  year’s end applied to gatherings of year’s end, the authorities had arrested 34
more than two people. individuals for displaying political slogans,
The authorities subsequently banned at establishing overseas organizations to call for
least 14 protests, citing the COVID-19 Hong Kong independence or supporting
pandemic. These included totally banning various political groups. The authorities also
the annual June Fourth Tiananmen invoked the law’s extraterritorial provision and
commemoration vigil and 1 July protest issued arrest warrants against eight activists
march, despite pledges to observe physical residing outside Hong Kong.
distancing by organizers of both assemblies, On 10 August, Jimmy Lai, owner of the
who provided the authorities with detailed pro-democracy newspaper Apple Daily, was
plans for preventive measures. It was the first arrested for “collusion with a foreign country
time the government had prohibited either of or external elements”. Police raided the
these two annual protests. Despite the ban, newspaper’s offices and searched through
thousands convened to commemorate June documents, in apparent disregard for
Fourth at the historical protest site, and 26 journalistic privilege. Lai remained in
activists were charged with “unauthorized detention after prosecutors appealed against
assembly” for joining the vigil. an earlier grant of bail.
As of 4 December, the Hong Kong police On 6 October the authorities stripped a
had issued at least 7,164 fixed-penalty primary school teacher of his teaching
tickets under the public gathering ban. registration for “spreading the idea of Hong
Peaceful protesters were often targeted under Kong independence”, reportedly for giving
the new ban despite having observed pupils a worksheet containing questions such
physical distancing measures. Journalists as “What is freedom of speech?” and “What
covering protests were also fined, despite an is the reason for advocating Hong Kong
exemption under the regulation covering independence?”
those who were attending as part of their
work. LGBTI rights
Around 9,000 hospital health workers went On 4 March, the High Court ruled in the first
on strike in February against the instance that same-sex couples who had
government’s delay in implementing border married overseas could enjoy equal rights to
controls in response to the COVID-19 apply for public rental housing. On 18
pandemic. The Hospital Authority later September, the High Court granted married
demanded that the individuals involved same-sex couples equal rights to inheritance
explain their “absence at work” and and succession if one spouse died without a
threatened to retaliate, adding to a chilling will. However, in a separate judgment handed
message to doctors not to organize and go on down the same day, the court ruled that to
strike. deny same-sex couples the right to marry in
Hong Kong was constitutional.

124 Amnesty International Report 2020/21


authorities’ excessive use of force when
1. China: Prominent legal scholar held incommunicado: Xu Zhiyong
enforcing mandatory quarantines and the
(ASA 17/2738/2020)
failure to guarantee the right to health of
2. China: Further information: Lawyer charged for inciting subversion:
Ding Jiaxi (ASA 17/2645/2020)
Amazonian Indigenous Peoples in the
context of the COVID-19 pandemic. The
3. China: Bookseller handed outrageous 10-year sentence must be
released (News story, 25 February) police responded to nationwide protests in
September with excessive use of lethal
4. China: Wife of detained lawyer Yu Wensheng tells of ongoing fight for
justice (Campaign, 9 July) force, killing 10 people, and torture. The
5. China: Nowhere feels safe: Uyghurs tell of China-led intimidation
Supreme Court of Justice issued a landmark
campaign abroad (Research, February) ruling in September, ordering measures to
6. China: Joint NGO statement on Item 10 and Draft Resolution on guarantee the exercise of the right to
"Mutually Beneficial Cooperation" delivered during Item 10 General peaceful protest and acknowledging the
Debate at HRC43 (IOR 40/2563/2020) excessive use of force by state security
7. Explainer: Seven ways the coronavirus affects human rights (News officials.
story, 5 February)
8. How China used technology to combat COVID-19 – and tighten its BACKGROUND
grip on citizens (News story, 17 April)
The government declared a state of
9. China: Zoom must not become a tool in state-sponsored censorship economic, social and environmental
(News story, 12 June)
emergency on 17 March to curb the spread
10. Hong Kong: Missing truth, missing justice (ASA 17/1868/2020)
of COVID-19. The executive approved an
11. Hong Kong’s national security law: 10 things you need to know (News unprecedented 164 legislative decrees, some
story, 17 July)
of which the Constitutional Court declared
unconstitutional.

COLOMBIA In August, the Supreme Court of Justice


ordered that former President Álvaro Uribe
Vélez be placed under preventive house
Republic of Colombia arrest in the context of judicial proceedings
Head of state and government: Iván Duque Márquez for alleged bribery, fraud and witness
tampering. This was lifted in October, but
Crimes under international law and human judicial proceedings continued.
rights violations and abuses in the context The UN Security Council extended the
of the continuing internal armed conflict mandate of the UN Verification Mission until
increased in rural areas where control of 2021.
territories formerly dominated by the In October, FARC-EP dissidents
Revolutionary Armed Forces of Colombia intercepted a humanitarian mission of the
(FARC-EP) was disputed. The primary OHCHR Office in Colombia and the Office of
victims continued to be members of rural the Ombudsperson in Caquetá department,
communities. Sexual violence against and then set fire to their vehicle.
women and girls persisted, as did impunity According to the Kroc Institute, which
for these crimes. Colombia was widely monitors compliance with the 2016 Peace
recognized as the most dangerous country Agreement between the FARC-EP and the
in the world for those who defend human Colombian state, implementation of the
rights. Protection measures for defenders of Agreement was slow. The National
the territory, land and environment Commission on Security Guarantees (CNGS)
remained limited and ineffective, and did not make progress in dismantling
impunity for crimes against them criminal organizations or ensuring a state
continued. In 2020, killings of social presence in the territories hardest hit by the
leaders reached shocking levels. There were armed conflict, despite pressure from civil
concerns about the withdrawal of protection society to step up its efforts.
schemes for human rights defenders, the

Amnesty International Report 2020/21 125


There was no significant progress during were clashes between two subgroups of the
the year in implementing comprehensive AGC sparked by a territorial dispute over drug
rural reform and solving the illicit drug trafficking and mining areas.
problem through programmes for voluntary In the Catatumbo region, the armed
crop substitution, central parts of the Peace territorial conflict between the ELN and EPL
Agreement. Instead, the government set a continued. In Cauca, Nariño and Meta
goal of forcibly eradicating coca production departments, FARC-EP dissidents clashed
on over 130,000 hectares, led by the military. with other armed actors. In Chocó
Despite the health, economic, social and department, the conflict between the ELN
ecological state of emergency, these and paramilitary groups over control of illegal
operations continued in at least seven mining continued.
departments. As a result of armed clashes, 23,128
people belonging to Indigenous and Afro-
INDIGENOUS PEOPLES’ RIGHTS descendent communities in Chocó
Government measures to curb COVID-19 department were confined throughout 2020.
failed to adequately guarantee the At least 69 people, mostly civilians,
fundamental rights of Indigenous Peoples. sustained injuries from landmines. According
Communities have historically lacked to some communities, some armed groups
adequate access to health, water or food and laid new anti-personnel mines. The most
lacked the sanitary and social conditions to affected areas were the departments of
deal with the virus. In addition, isolation Nariño, Antioquia, Norte de Santander,
measures meant they were unable to access Arauca, Guaviare, Cauca, Chocó and
their means of subsistence.1 Córdoba.

HUMAN RIGHTS ABUSES IN THE Internally displaced people


CONTEXT OF INTERNAL ARMED According to the UN Office for the
CONFLICT Coordination of Humanitarian Affairs (OCHA),
Crimes under international law and human as of June, 16,190 people were the victims of
rights violations and abuses in the context of mass forced displacement. The department
internal armed conflict continued to claim most affected was Nariño, followed by Chocó,
victims, particularly in rural areas which were Antioquia, Cauca, Caquetá and Norte de
the focus of territorial disputes between Santander. The leading causes were
various armed groups. The violence resulted confrontation between armed groups and
in thousands of people being forcibly threats against civilians. Some 100 former
displaced, confined, subjected to sexual FARC combatants were displaced from the
violence or becoming victims of targeted Territorial Training and Reincorporation Area
killings. (ETCR) of Ituango to Mutatá in Antioquia
Guerrilla groups – the National Liberation department. Two massive displacements of
Army (ELN) and Popular Liberation Army more than 1,590 members of the Emberá
(EPL) – and state security forces and Dobida Indigenous Peoples were reported.
paramilitary groups, such as the Gaitanista
Self-Defense Forces of Colombia (AGC), all Unlawful killings
committed acts of violence. By 15 December, the OHCHR had verified 66
A report by over 500 civil society massacres, defined as incidents in which
organizations recorded a notable expansion three or more people are killed at the same
of rearmed paramilitary groups and estimated time and place by the same alleged
that the AGC had a presence in 22 of the perpetrator. The civil society organization
country's 32 departments, approximately Indepaz reported 51 massacres of people
90% of Colombian territory. In the south of protected by international humanitarian law
Córdoba and Antioquia departments, there between January and September.

126 Amnesty International Report 2020/21


On 16 July, the Emberá Indigenous People The Association of Traditional Authorities
in Geandó community reported that a nine- and U'was Councils (ASOU’WAS) reported
year-old girl died after being shot during an that the National Army killed an Indigenous
armed confrontation between the ELN and leader in military operations in Chitagá
the AGC. municipality, Norte de Santander
The UN Verification Mission reported that department. The community refuted the
41 former FARC-EP members in the process National Army's claim that he was killed in
of reintegration under the terms of the Peace combat.
Agreement were killed in the first six months In May, the Catatumbo Campesino
of the year. Association (ASCAMCAT) reported two violent
There was some progress on justice and incidents in Catatumbo in which security
victims' rights. The Inter-American force officials enforcing the forced eradication
Commission on Human Rights reported that of coca indiscriminately fired on campesinos,
the Special Jurisdiction for Peace (JEP) had as result of which two people died in Teorama
informed the organization it had issued over municipality.
29,000 judicial decisions by July 2020. On 9 September, lawyer Javier Ordóñez
Seven macro-cases were opened, including died as a result of torture and excessive use
into unlawful killings presented as combat of lethal force by National Police in Bogotá.3
casualties by state agents. On 10 September, the Minister of Defence,
who is in charge of the National Police,
RIGHTS TO HEALTH, WATER AND FOOD reported that 403 people were injured,
There were concerns that spraying operations among them 194 members of the security
to eradicate coca production in some areas forces, and 10 people were killed (seven in
could also destroy legal crops on which Bogotá and three in Soacha) in the context of
campesino communities depend for food. In protests on 9 and 10 September in response
addition, these operations expose a to Javier Ordoñez’s killing. An internal
population with little access to health services investigation into Javier Ordóñez’s death was
to COVID-19 virus. There were repeated calls ongoing.
for the Colombian authorities to urgently take
appropriate measures to guarantee the rights HUMAN RIGHTS DEFENDERS
of rural communities, including their rights to Colombia was the most dangerous country in
health, water and food, and to stop forced the world to defend environmental rights,
eradication operations.2 according to the NGO Global Witness. On 17
August, the OHCHR stated that it had
EXCESSIVE USE OF FORCE AND documented 97 killings of human rights
EXTRAJUDICIAL EXECUTIONS defenders and verified 45 homicides. Those
In the subregions of Bajo Cauca, northeast of targeted were members of Indigenous
Antioquia and Catatumbo, and the south of Peoples and Afro-descendent communities,
Bolívar department, state forces used people defending the right to land and the
excessive force when enforcing isolation environment, and those involved in
measures to curb COVID-19. implementing the Peace Agreement. The
The Awá Indigenous People of the Pialapí Somos Defensores programme reported that
reserve in Nariño condemned the killing of an between January and December 135 human
Indigenous man during a protest against rights defenders had been killed because of
forced eradication of coca in the area. their work and a further 65 homicides were
On 19 May, Anderson Arboleda, a young awaiting verification.
Afro-descendent man, died in Puerto Tejada, In March, the Attorney General's Office
Cauca department, allegedly as a result of reported that there had been progress in 173
being beaten by a member of the National of the 317 cases of killings of human rights
Police. defenders. These efforts were not sufficient to

Amnesty International Report 2020/21 127


combat impunity for attacks against which women were impaled, set on fire,
defenders. sexually abused, tortured and dismembered.
The Ríos Vivos Movement reported that Venezuelan women in an irregular
collective protection measures for human migratory situation faced barriers in
rights defenders were inadequate and did not accessing health services.
guarantee its members’ right to life and Organizations that work to defend women's
physical integrity because they failed to rights reported that the barriers to accessing
address the structural causes of the violence legal abortion services increased during the
and the authorities did not fulfil their year. On 16 September, 91 civil society
commitments. organizations and 134 activists presented a
The Black Communities’ Process (PCN) in petition to the Constitutional Court for the
Buenaventura reiterated that impunity for crime of abortion to be removed from the
threats encourages new attacks. The Penal Code; this remained pending at the
Catatumbo Social Integration Committee end of the year.
(CISCA) reported that campesinos defending
land-related rights experienced high levels of RIGHTS OF LESBIAN, GAY, BISEXUAL,
violence and lack of state protection. TRANSGENDER AND INTERSEX (LGBTI)
The Kubeo-Sikuani Ancestral Indigenous PEOPLE
Settlement in Meta department condemned The organization Colombia Diversa reported
the failure to recognize the territorial rights of that in 2020, 71 LGBTI people were killed.
Indigenous Peoples and underscored that Organizations that defend LGBTI people's
this was a key cause of the violence affecting rights condemned the killing of Juliana
them. Giraldo, a trans woman shot by a soldier in
The Association for the Comprehensive Miranda, Cauca department, in September.
Sustainable Development of La Perla
Amazónica (ADISPA) highlighted the threat RIGHTS OF REFUGEES AND MIGRANTS
posed by new armed groups since the Peace The R4V Coordination Platform for Refugees
Agreement.4 and Migrants from Venezuela reported in
State security forces continued illegal May that 1,764,883 migrants and refugees
surveillance and smear campaigns against from Venezuela were living in Colombia, of
social leaders, journalists and government whom 8,824 applied for refugee status.
opponents. The Inter-Church Commission for Refugees and migrants were subjected to
Justice and Peace reported in May that the forced evictions during periods in which
National Army was conducting illegal isolation measures were in place, even
surveillance of two women human rights though these were prohibited by the
defenders, Luz Marina Cuchumbe and Jani government during the state of emergency.
Rita Silva. In May, several media outlets and Thousands of people returned to Venezuela
human rights organizations reported that the due to the lack of opportunities in Colombia,
military was carrying out illegal surveillance of despite the risks this posed to their lives.
more than 130 people, including national There were also cases of arbitrary detention.
and international journalists, human rights The NGO Dejusticia reported that illegal
defenders and politicians. armed groups in La Guajira, Norte de
Santander and Arauca departments on the
RIGHTS OF WOMEN AND GIRLS border with Venezuela put at risk the lives
During the isolation measures imposed to and physical integrity of people who had fled
curb COVID-19, reports of gender-based from Venezuela to Colombia.
violence increased. According to the
Observatory on Feminicides in Colombia,
1. Colombia: Indigenous Peoples will die from COVID-19 or from hunger
between January and November, 568 if the state does not act immediately (Press release, 17 April)
femicides were reported, including cases in

128 Amnesty International Report 2020/21


2. Colombia: Decision to forcibly eradicate illicit crops could result in
human rights violations (Press release, 22 July)
ARBITRARY DETENTION
3. Colombia: Amnesty International condemns torture and excessive use Political opponents, human rights defenders
of force by police (Press release, 11 September)
and activists faced intimidation, harassment
4. Why do they want to kill us?: Lack of safe space to defend human
and arbitrary detention.
rights in Colombia (AMR 23/3009/2020)
In March, Hallel Bouesse, a member of
Ras-le-bol, a pro-democracy movement, was

CONGO arrested at Maya-Maya International Airport


in Brazzaville, as he was about to board a
flight to Senegal to participate in a training
Congo (Republic of the) event. After being questioned by airport
Head of state: Denis Sassou Nguesso security officers about the reasons for his trip,
Head of government: Clément Mouamba
he was taken to the General Directorate of
Territorial Surveillance where he was again
Political activists and civil society members questioned about his trip, his links with Ras-
including human rights defenders le-Bol and the Congolese Human Rights
continued to face intimidation, harassment Observatory. He was released without charge
and arbitrary detention. Rights to freedom the same day. His passport was confiscated
of expression and peaceful assembly were for two days.
restricted particularly in the context of the In June, the Prosecutor appealed against
COVID-19 pandemic. The right to health the Brazzaville High Court’s decision in
was hindered due to lack of adequate March to provisionally release Parfait Mabiala
equipment in health care facilities. Hojeij, Franck Donald Saboukoulou, Guil
Indigenous Peoples still faced Ossebi Miangué and Rolf Meldry
discrimination while women in those Dissavouloud, all supporters of Incarner
communities also experienced high levels of l’Espoir, an opposition movement whose
gender-based violence. leader announced in June 2019 that he
would run in the 2021 elections. According to
BACKGROUND Article 171 of the Criminal Procedure Code,
The ruling party nominated President Sassou the Prosecutor’s appeal was out of time – the
Nguesso to stand again in the 2021 law stipulates that appeals must be made
presidential elections. He had served as within 24 hours of a ruling. The four were
President since 1997 and, prior to that, arrested between November and December
between 1979 and 1992. 2019 and charged with breaching state
On 30 March, the government declared a security. They remained in arbitrary detention
state of emergency which established in Brazzaville until the 4 December decision
measures to respond to the COVID-19 by the Brazzaville Court of Appeal which
pandemic including curfews, border closures declared the Prosecutor’s appeal
and mandatory wearing of face masks. At the inadmissible and freed the four detainees
end of the year, curfews remained in place in pending trial.
the capital, Brazzaville, and in Pointe-Noire In July, Jean-Marie Michel Mokoko, aged
between 11pm and 5am and 8pm and 5am 73, was evacuated to Turkey for one month
during working days and weekends, for medical treatment after his health
respectively. The decline in oil revenue deteriorated in Brazzaville prison. He had
during the pandemic led the authorities to been detained since June 2016 after
ask the International Monetary Fund (IMF) standing as a presidential candidate in the
for urgent economic aid despite their having same year. He was sentenced to 20 years’
failed to implement the conditions to secure imprisonment in 2018 after being convicted
an IMF loan of over US$400 million in 2019. of an “attack on internal state security, and
illegal possession of weapons of war and

Amnesty International Report 2020/21 129


munitions”. In the same year, the UN In January, unions denounced conditions
Working Group on Arbitrary Detention said it at the Brazzaville University Hospital,
considered his detention to be arbitrary. including water cuts, closure of some of the
specialized services, non-sterile wards, an
FREEDOMS OF EXPRESSION AND empty pharmacy, and broken radiography
ASSEMBLY equipment.
The rights to freedom of expression and On 3 April, at the beginning of the
peaceful assembly were undermined in the COVID-19 outbreak, a trade union branch
context of the authorities’ response to the representing workers at the Edith Lucie
COVID-19 pandemic. Bongo Ondimba Hospital in Oyo city sent a
Rocil Otouna, a news anchor for Télé list of complaints to the sub-prefect of Oyo
Congo, a state-owned national TV channel, raising concerns mainly about the
learned from his boss that he had been inoperability of the emergency operating
suspended after he presented a debate on theatre and radiography equipment, and the
the President’s speech about the COVID-19 lack of pharmaceutical supplies and oxygen
pandemic on 30 April. During the debate he tanks. They also demanded partial payment
questioned the Minister of Justice and a of their unpaid salaries.
doctor who was a member of the experts’ On 30 July, health workers met in an
panel on the National Committee for the Fight extraordinary General Assembly at the
against COVID-19 about the lack of available Adolphe Sicé Hospital in Pointe-Noire and
information on the number of people who denounced the Hospital’s outdated and
were infected with, or had recovered from inadequate technical equipment and raised
COVID-19; and on the social consequences concerns about shortages of PPE which
of the government’s restrictive measures. further exposed them and their patients to
According to Reporters Without Borders, on 3 the risk of COVID-19 infection. They also
May the Ministry of Communications issued an alert about the rise in numbers of
dismissed claims of his suspension. hospital workers infected with COVID-19 –
Meanwhile, Rocil Otouna was sacked from more than a dozen at the time of the General
his post as Press Secretary at the Assembly – and the reduced capacity to
Communications Ministry. On 12 May, the provide care for patients. The workers
Higher Council for Freedom of denounced the fact that they had not been
Communication, the media regulator, paid for eight months and demanded three
confirmed Rocil Otouna’s suspension from months' back payment.
Télé Congo and called for his reinstatement. In September, health workers treating
In July, the Secretary-General of COVID-19 patients at the Albert Leyono
Brazzaville Department banned a municipal clinic in Brazzaville asked the
demonstration organized in support of Jean- President to take responsibility for the health
Marie Michel Mokoko’s evacuation to receive of front-line workers. According to the media,
medical treatment. He said the ban was the clinic had been without a laundry for six
issued to limit the risks posed by COVID-19. months, which meant that it was not possible
to ensure sufficient hygiene standards.
RIGHT TO HEALTH
Crucial health care facilities lacked adequate INDIGENOUS PEOPLES
equipment. This prevented the population According to the report of the UN Special
from fully enjoying their right to health. Rapporteur on the rights of Indigenous
Peoples published in July, despite
Health workers progressive legislation adopted in recent
Health workers complained about the lack of years, particularly a 2011 law to promote
personal protective equipment (PPE) to Indigenous Peoples’ rights, communities
protect them from COVID-19. continued to face high levels of

130 Amnesty International Report 2020/21


discrimination in both urban and rural establishing a transitional government.
settings, and no progress had been made on Dozens of opposition members were
the demarcation and titling of land. Illiteracy arrested, including the presidential contender
remained widespread and access to justice Pascal Affi N’Guessan, who was charged with
and employment with decent wages conspiracy against state authority among
remained particularly inadequate. Indigenous other things. He was released under judicial
women said their access to sexual and supervision on 30 December.
reproductive health care was limited; they
faced gender-based violence including rape FREEDOM OF EXPRESSION
and early marriage; maternal and infant Political activists, journalists and others who
mortality rates were high; and they were food expressed dissent were harassed and
insecure. arbitrarily arrested.
According to Reporters Without Borders,
on 4 March Yacouba Gbané and Barthélémy
CÔTE D’IVOIRE Téhin of Le Temps newspaper were fined
XOF5 million (US$9,200) for publishing an
Republic of Côte d’Ivoire article which criticized the authorities’
Head of state: Alassane Dramane Ouattara handling of public affairs. On 31 March,
Head of government: Hamed Bakayoko (replaced Vamara Coulibaly and Paul Koffi, of Soir Info
Amadou Gon Coulibaly in July) and Nouveau Réveil newspapers respectively,
were fined XOF2.5 million (US$4,600) for
Political activists, civil society “disseminating false information”, after they
representatives, journalists and others who published a letter from MP Alain Lobognon’s
expressed dissent were arbitrarily arrested. lawyers about their client’s harsh detention
The government imposed a ban on public conditions.
protests. Dozens of people were killed and In August, political activists, civil society
hundreds injured during protests and representatives and others who had called for
clashes in the context of contested demonstrations or attended peaceful protests
presidential elections. Impunity for past against the President’s candidacy were
human rights violations continued. arbitrarily arrested. Pulchérie Edith Gbalet,
co-ordinator for the pro-democracy NGO
BACKGROUND Alternatives Citoyennes, was arrested at a
On 6 August, President Ouattara announced hotel in Abidjan with two associates. The
that he would run for re-election. In charges pending against them included
September, the Constitutional Council disruption of public order and participation in
accepted his candidacy and rejected 40 an insurrectionary movement. Five women
other contenders, including former President from the opposition party GPS (Générations
Laurent Gbagbo and former Prime Minister et peuples solidaires) were also arrested
Guillaume Soro, in part because they were while on their way to a peaceful protest. They
not on the electoral list. The latter was all remained in detention in MACA prison
sentenced in April in his absence to 20 years’ in Abidjan at the end of the year.
imprisonment on fraud-related charges. Several opposition figures were put under
Opposition parties boycotted the 31 de facto house arrest in November after they
October presidential elections and called for created the Transitional National Council.
civil disobedience, arguing that the 2016 On 3 December, two singers, known as
Constitution did not allow the incumbent to Yode and Siro, were found guilty of
run for a third term. However, the President propagation of false information with tribalist
was re-elected. On 2 November, the and racist overtones with the intention of
opposition announced the creation of its rising a community against another,
Transitional National Council, with the aim of contempt of court and discrediting the

Amnesty International Report 2020/21 131


judicial institution and its functioning, after a of Security and Civil Protection, at least 16
concert during which they questioned the people were killed and dozens injured in
impartiality of the General Prosecutor in the Dabou. During the 10 days following the 31
investigation of electoral violence and called October election, the National Human Rights
for the return of political opponents to the Council said there were 55 deaths and 282
country. They were fined XOF5 million injuries and that thousands of people were
(US$9,200) and given a one-year suspended internally displaced due to violence in areas
sentence. including the towns of Yamoussoukro, Tehiri,
Tiebissou, Bougouanou, Daoukro and
FREEDOM OF ASSEMBLY Toumodi.
In August, several demonstrations organized
by the opposition were repressed. TORTURE AND OTHER ILL-TREATMENT
On 13 August in Yopougon district of François Ebiba Yapo, a cyber activist, also
Abidjan, police officers apparently had known as Serge Koffi Le Drone, said that
allowed groups of men, some armed with between 7 and 11 May he was tortured in the
machetes and sticks, to attack protesters. custody of the Unit to Combat Organized
The Minister of Security and Civil Crime. He said that officers beat him with a
Protection said that between 10 and 14 machete on the soles of his feet and his
August, demonstrations had led to five back and punched and stamped on his face
deaths, 104 injuries and 68 arrests of people and stomach. He was charged, in relation to
accused of “disrupting public order, his social media posts, with undermining
incitement to revolt, violence against law national defence, disturbing public order,
enforcement agents and destroying defamation and contempt on social media,
property”. among other things. The torture allegations
On 19 August, the Council of Ministers were not investigated.
suspended all public protests. The ban was
renewed several times until 15 December. RIGHT TO HEALTH
However, electoral campaign meetings were On 29 March, the Platform of Health Unions
permitted. called on the government to take urgent
Despite the ban, women’s marches went measures to protect health workers from
ahead on 21 August and were violently COVID-19 infection. It said that medical
dispersed by youth counter-demonstrators in equipment was inadequate and urged the
the cities of Divo in the south, and Bonoua in authorities to supply workers with PPE and
the south-east of the country. sterilization tools. From April, the government
received medical equipment donations from
UNLAWFUL KILLINGS private and public bodies, including the
Violent clashes erupted in August between WHO. On 8 April, the authorities released
supporters of the ruling party and opposition over 2,000 prisoners to ease congestion and
supporters. According to official figures, 85 thereby reduce the spread of COVID-19 in
people died and 484 were injured during prisons.
these clashes before, during and after the
elections at the end of October. RIGHT TO TRUTH, JUSTICE AND
Between 21 and 22 August in Divo and REPARATION
Bonoua, violence between supporters of In April, the government withdrew the rights
President Ouattara and supporters of of individuals and NGOs to bring cases to the
opposing parties raged after the women’s African Court on Human and Peoples' Rights.
marches were dispersed (see above, One week earlier, the Court had ruled that an
Freedom of assembly). Seven people were Ivorian arrest warrant against Guillaume Soro
killed and property was destroyed. Between be suspended and asked the authorities to
19 and 21 October, according to the Minister provisionally release 19 of his relatives and

132 Amnesty International Report 2020/21


supporters who had been detained since rights of migrants and on torture urged
December 2019. Croatia to immediately investigate the reports,
The appeal against the ICC’s 2019 while the European Commission announced
acquittal of Laurent Gbagbo and former a monitoring mission to look into Croatia’s
Minister Charles Blé Goudé remained border activities. In August, the Council of
pending. Europe’s Committee for the Prevention of
The Supreme Court was yet to rule on a Torture conducted a rapid reaction visit to
2019 petition from human rights Croatia to examine the treatment of migrants
organizations to cancel a 2018 law granting and asylum-seekers by the Croatian police.
an amnesty to hundreds of people accused The report was not published by the end of
or convicted of crimes committed in 2010 the year.
and 2011. Due to COVID-19 restrictions, access to
asylum-seekers’ accommodation centres was
restricted, forcing NGOs providing free legal
CROATIA aid and psycho-social support to stop their
work. Refugees who had received
Republic of Croatia international protection as well as those
Head of state: Zoran Milanović (replaced Kolinda whose applications had been rejected were
Grabar-Kitarović in February) not allowed to stay in the centres during
Head of government: Andrej Plenković lockdown. They received no government
support, and some were left homeless.
Asylum-seekers were denied access to In November, Parliament adopted changes
asylum; the police pushed back and abused to the Law on Foreigners that, according to
people entering irregularly. The legal NGOs, could restrict the rights of asylum-
framework on gender-based violence was seekers and migrants and potentially
improved, but cases continued to attract criminalize legitimate acts of solidarity.
minor penalties. Access to abortion
remained severely constrained. Same-sex VIOLENCE AGAINST WOMEN AND GIRLS
couples were granted the right to foster In January, legal amendments harmonizing
children. The government withdrew the definition of rape in criminal legislation
amendments to allow all phones to be with international standards and increasing
tracked in response to the COVID-19 penalties for crimes of gender-based violence
pandemic. Journalists continued to be entered into force. According to government
threatened for their work. statistics, the number of reported rape cases
more than doubled as a result of the changes
REFUGEES, ASYLUM-SEEKERS AND as they significantly expanded the scope of
MIGRANTS the offence. Proceedings continued to be
Many asylum-seekers entering the country lengthy, lasting between three and five years.
irregularly continued to be denied access to Due to the reclassification of domestic
asylum. Aid organizations documented over violence offences, the number of criminal
15,000 cases of pushbacks and collective prosecutions for such offences rose sharply.
expulsions, frequently accompanied by Nevertheless, in the majority of cases,
violence and abuse. In May, in one of the domestic violence continued to be treated as
most serious incidents, 16 migrants reported a minor offence attracting minor penalties.
being handcuffed and restrained, tied to a Police and courts remained reluctant to
tree, and then severely beaten and tortured enforce protective measures.
by police in black uniforms and balaclavas.1
Several men suffered serious injuries and SEXUAL AND REPRODUCTIVE RIGHTS
trauma. The UN refugee agency, UNHCR, Women continued to face significant barriers
and the Special Rapporteurs on the human in accessing sexual and reproductive health

Amnesty International Report 2020/21 133


services and information. The widespread thereby further deepening educational gaps
refusal of individual doctors and some clinics between Roma and non-Roma pupils.
to perform abortions on grounds of
conscience, as well as prohibitively high costs LESBIAN, GAY, BISEXUAL,
of services and poor regional coverage of TRANSGENDER AND INTERSEX (LGBTI)
authorized providers, presented an PEOPLE
insurmountable obstacle to women of lower In a landmark ruling in January, the
social economic status. According to a survey Constitutional Court decided that same-sex
conducted by women’s rights organizations, couples have the right to be foster parents on
many clinics suspended abortion services the same terms as anyone else who meets
during the COVID-19 pandemic lockdown. the legal requirements. Same-sex couples
A new law on abortion was not adopted by continued to be barred from adopting
the end of the year. The deadline to replace children.
an outdated law set by the 2017
Constitutional Court ruling expired in FREEDOM OF EXPRESSION
February 2019. Ahead of the July Journalists investigating corruption and
parliamentary elections, some candidates organized crime continued to face threats
from conservative parties, including the ruling and intimidation.
Croatian Democratic Union (Hrvatska According to the Croatian Journalists’
demokratska zajednica), condemned Association (Hrvatsko novinarsko društvo),
abortions and advocated for stronger over 900 lawsuits were filed against
restrictions on accessing the care, including journalists and media outlets for “violation of
for rape victims. honour and reputation”. The European
Federation of Journalists warned that such
RIGHT TO PRIVACY lawsuits had a chilling effect on journalists
In April, the government withdrew and the media.
amendments to the Law on Electronic
Communications which would have allowed
1. Croatia: Fresh evidence of police abuse and torture of migrants and
the location of all mobile phones to be asylum-seekers (News story, 11 June)
tracked as a part of COVID-19 contact
tracing. Civil society and constitutional
experts were highly critical, warning that such
powers extended beyond protecting public
CUBA
health and included no safeguards against
Republic of Cuba
potential abuse.
Head of state and government: Miguel Mario Díaz-
Canel Bermúdez
DISCRIMINATION
Roma continued to face discrimination in all
walks of life, including education, health, Amid reports of food scarcity, the
housing and employment. For many Roma authorities continued to repress all forms of
communities living in informal settlements, dissent, including by imprisoning
access to food and hygiene products was independent artists, journalists and
particularly constrained because of COVID-19 members of the political opposition.
as the local authorities failed to provide the
necessary support. RIGHT TO FOOD
Due to a continued lack of access to Throughout the year there were reports of
electricity, the internet and family capacity, scarcity of food and other basic goods,
many Roma children were unable to access leading senior government officials to call on
any remote learning during school closures, Cubans to grow more of their own food. In
September, artist “Yulier P” graffitied a

134 Amnesty International Report 2020/21


haunting image of someone eating their own Protect Journalists called consistently for his
bones on the streets of the capital, Havana. release, especially in the context of his
Despite the UN’s recommendation that heighted risk from COVID-19 as a person
sanctions be waived to ensure access to food with underlying medical conditions and over
and essential medical supplies to adequately the age of 60. Roberto Quiñones had
respond to the COVID-19 pandemic, the USA published articles about his prison
continued to impose its economic embargo conditions, including overcrowding, poor food
on the country. and water quality, and lack of adequate
medical care.3
REPRESSION OF DISSENT Throughout the year, authorities harassed
Authorities continued to clamp down on all and intimidated members of the San Isidro
forms of dissent, imprisoning political Movement – composed of artists, poets,
leaders, independent journalists and artists. LGBTI activists, academics and independent
In April, the authorities released José journalists. Its members were at the forefront
Daniel Ferrer García, leader of the unofficial of challenging Decree 349 that stands to
political opposition group Patriotic Union of censor artists. The authorities’ actions
Cuba (UNPACU) and former prisoner of symbolized Cuba’s ongoing repression of the
conscience, who had been imprisoned in right to freedom of expression in the country.4
October 2019 and tried on 26 February in a Luis Manuel Otero Alcántara, a key leader
trial tainted by irregularities.1 The Cuban in the movement, was jailed for two weeks in
authorities had prevented the press, the EU March, having reportedly been charged with
and Amnesty International from monitoring “insults to symbols of the homeland” (Article
his trial. 203 of the Penal Code), an offence
inconsistent with international human rights
FREEDOM OF EXPRESSION law and standards, and “damage” to property
Reports of independent journalists fined for (Article 339).5
reporting on COVID-19 and its impact on the In November, the San Isidro Movement
country prompted calls for President Miguel garnered international attention when
Díaz-Canel to take immediate measures to members went on hunger strike to demand
guarantee press freedom.2 Civil society and the release of rapper Denis Solís González,
journalists also expressed concern during the who had been sentenced to eight months’
year that Decree-Law 370, a law related to imprisonment for “contempt”, a crime also
online expression, appeared to tighten the inconsistent with international human rights
Cuban government’s network of control and standards.
censorship online, especially during the Following a police raid on the
pandemic. headquarters of the movement in Old Havana
In March, Cubanet journalist Camila – which according to Cuba’s official
Acosta was arrested for hours and given a newspaper was carried out due to alleged
fine for sharing information on Facebook. In violations of COVID-19 related health
September, she was arrested again and protocols – authorities took Luis Manuel
threatened with further prosecution for Otero Alcántara into custody again for several
protesting Decree 370. On 4 September, the days, and detained academic Anamely
authorities released independent journalist Ramos González for approximately 12 hours.6
with Cubanet, Roberto Quiñones Haces, aged In response to the raid, on 27 November,
63. He had been tried in 2019 and hundreds of artists and intellectuals staged a
sentenced to one year’s imprisonment for rare protest outside the Ministry of Culture
“resistance” and “disobedience” because of and secured an equally unusual audience
his work as a journalist. Amnesty with the Vice Minister of Culture.
international, Article 19, the Institute for War For approximately two weeks after the
and Peace Reporting and the Committee to meeting, members of the movement,

Amnesty International Report 2020/21 135


including Luis Manuel Otero Alcántara and mid-March and 8 April and then prohibited
Anamely Ramos González, and from leaving the camp following a Ministerial
approximately 10 or more activists and Decision citing COVID-19 concerns.
independent journalists were subjected to In May, the NGO KISA reported that
constant surveillance and faced arrest by excessive force was used against asylum-
police and state security officials if they left seekers protesting against poor living
their houses, essentially amounting to house conditions and detention in Pournara.
arrest, in violation of international law.7 From 20 May, the authorities prohibited
residents from leaving the camp citing a
scabies outbreak. This sparked new protests
1. Cuba: Opposition leader sentenced to house arrest after trial tainted
by irregularities (Press release, 3 April) by residents. While the measures were lifted
2. Cuba: Authorities must guarantee press freedom in the COVID-19 era
on 15 June, UNHCR, the UN refugee
(Press release, 2 May) agency, described Pournara as a closed
3. Cuba: Prisoner of Conscience at risk of COVID-19: Roberto Quiñones facility as of 28 September. In November,
Haces (AMR 25/2210/2020) new COVID-19 measures reintroduced the
4. Cuba: Harassment of San Isidro movement exemplifies ongoing ban on movements outside the camp. In
assault on freedom of expression (Press release, 20 November) December, the Ombudswoman
5. Cuba: Artist opposing censorship at risk: Luis Manuel Otero Alcántara recommended the camp’s decongestion.
(AMR 25/2028/2020) On 20 March, reports emerged that the
6. Cuba: Amnesty International calls for release of two San Isidro Cyprus Coast Guard pushed back to sea a
prisoners of conscience (Press release, 27 November 2020) boat carrying 175 Syrian refugees. Further
7. Cuba: San Isidro movement and allies under frightening levels of incidents were reported in September
surveillance (Press release, 15 December 2020)
concerning the Coast Guard forcibly returning
to Lebanon more than 200 refugees and

CYPRUS migrants who had reached or tried to reach


Cyprus by boat.

Republic of Cyprus VIOLENCE AGAINST WOMEN AND GIRLS


Head of state and government: Nicos Anastasiades In January, a British teenager appealed
against a Cyprus district court ruling finding
Asylum-seekers were detained in her guilty of making false claims in her report
substandard conditions in Pournara refugee of being gang-raped in July 2019. Serious
camp. Several incidents of pushbacks of concerns remained about the reported
refugees and migrants were reported. shortcomings of the police investigation and
the fairness of her trial.
BACKGROUND
In October, the UN Security Council called on FREEDOM OF EXPRESSION
Turkey to reverse the decision to open parts In June, the Observatory of Human Rights
of the military controlled area of Varosha. In Defenders and the International Federation
November, the UN hosted an informal for Human Rights expressed concerns over a
meeting between the Greek-Cypriot and Supreme Court ruling convicting the NGO
Turkish-Cypriot leaders where the topic of KISA of “defamation” and imposing a penalty
fresh talks about the island was discussed. of €10,000. The case related to action taken
by KISA in 2010 against online hate speech.
REFUGEES AND ASYLUM-SEEKERS The ruling was appealed.
In April, NGOs denounced the detention in
overcrowded and unhygienic conditions of IMPUNITY
nearly 700 asylum-seekers in Pournara In January, the European Court of Human
refugee camp in Kokkinotrimithia. They were Rights found Cyprus in breach of the
initially detained without legal basis between Convention for failing to effectively investigate

136 Amnesty International Report 2020/21


the death of Athanasios Nicolaou, an army and lawyers signed an open letter in April,
conscript, found dead under a bridge in concerned that he appeared to demonstrate
2005. insufficient commitment to certain issues
including minority rights.
ENFORCED DISAPPEARANCES
Between 2006 and 30 November 2020, the DISCRIMINATION
remains of 993 missing individuals (711 Roma
Greek Cypriots and 282 Turkish Cypriots) Discrimination against Roma remained
were identified by the Committee on Missing widespread, although the new Public
Persons in Cyprus in its mission to establish Defender of Rights claimed that it was only a
the fate and whereabouts of individuals who marginal problem.
were forcibly disappeared during the inter- Some steps were taken towards
communal fighting of 1963 to 1964 and the implementing a mechanism for providing
events of 1974. compensation to Roma women who were
victims of forced sterilization. In September
the Council of Europe’s Human Rights
CZECH REPUBLIC Commissioner called on the lower house of
parliament to adopt a draft law providing one-
Czech Republic off compensation for victims. The bill was
Head of state: Miloš Zeman awaiting its first reading at year’s end.
Head of government: Andrej Babiš The Committee of Ministers of the Council
of Europe held a regular review in December
Discrimination against Roma persisted. of the measures taken to address the
Parliament again failed to ratify an discriminatory segregation of Roma in
international convention on violence against schools and classes for pupils with mental
women and take forward a bill on same-sex disabilities (following the continued failure to
marriage. The European Court of Justice implement the judgment in D.H. and Others
ruled against the government for failure to v Czech Republic). The Committee noted
accept mandatory refugee quotas. Up to some positive trends but remained
16% of primary school children were concerned that the majority of Roma pupils
reportedly unable to access education assessed as needing individual educational
online during the lockdown related to the plans were still educated outside the
COVID-19 pandemic. Concerns remained mainstream.
over continuing arms transfers to parties in
the Yemen conflict. Women
Parliament failed to ratify the Council of
BACKGROUND Europe Convention on preventing and
Both the Czech authorities and the EU combating violence against women (Istanbul
continued to investigate alleged conflicts of Convention) although it was scheduled to be
interest by Prime Minister Andrej Babiš submitted for ratification in 2018. According
relating to EU subsidies received by his to a group of Czech NGOs, the Coalition
business interests. Prior to the first lockdown Against Violence, annually some 168,000
as a result of the pandemic, in March victims of domestic violence have sought
thousands of people held a demonstration in medical help in recent years. Service
the capital, Prague, against the Prime providers noted an increase in the number of
Minister and what they perceived as his domestic violence incidents during the
corrosive effect on the country’s institutions. restrictions imposed as a result of the
The tenure of the new Public Defender of pandemic.
Human Rights, appointed in February, In June the European Committee of Social
provoked controversy. Over 300 academics Rights made public its decision (in the case

Amnesty International Report 2020/21 137


of University Women of Europe v. Czech the Court in 2017, for refusing to participate
Republic) that there had been insufficient in the EU’s Emergency Relocation Scheme
progress on the right to equal pay and the which sets mandatory relocation quotas.
balanced representation of women in
decision-making bodies in private IRRESPONSIBLE ARMS TRANSFERS
companies.  In response the Czech Concerns remained that continued arms
Government Commissioner for Human Rights transfers to the Saudi Arabia/United Arab
submitted a new draft strategy on gender Emirates-led coalition could be used to
equality 2020-2030 to the government.  commit or facilitate serious violations of
international human rights and humanitarian
Lesbian, gay, bisexual, transgender and intersex law in the Yemen conflict.
(LGBTI) people
Parliament again failed to table a vote on a
bill, originally approved by government in
2018, which would fully recognize equal
DEMOCRATIC
marriage for same-sex couples. Such couples
had been able to register their partnerships
REPUBLIC OF THE
since 2006, but this did not permit joint
adoption. CONGO
RIGHT TO EDUCATION Democratic Republic of the Congo
According to the Czech School Inspectorate, Head of state: Félix Antoine Tshisekedi Tshilombo
approximately 11-16% of primary school Head of government: Sylvestre Ilunga Ilunkamba
children were unable to access education
online during the first lockdown as they Poor households suffered increased food
lacked access to an internet connection and/ insecurity as a result of COVID-19
or appropriate devices, with under 1% of restrictions while prisons were chronically
pupils not involved in education in any form. overcrowded. Armed conflicts and inter-
communal violence continued in some
RIGHTS OF REFUGEES, ASYLUM- provinces, resulting in hundreds of deaths
SEEKERS AND MIGRANTS and the displacement of hundreds of
The government continued to refuse to thousands of people. Government forces
participate in any relocation efforts within the and armed groups continued to enjoy
EU, including to accept unaccompanied impunity for grave human rights violations,
child refugees. Despite calls from Greece to including extrajudicial killings and summary
accept 40 unaccompanied child migrants, executions. Conflict-related sexual violence
the Interior Minister claimed that the only against women increased. The authorities
refugees in Greece were young men who he continued to restrict the right to freedom of
did not consider as children as they were expression and media freedom. Journalists
around 17 years old. He also said that were imprisoned and human rights
accepting young male refugees aged 12-17 defenders were subjected to death threats
would pose serious security risks for the and prosecution.
public.
The European Court of Justice ruled in BACKGROUND
April that the Czech Republic (together with The human rights situation remained dire
Poland and Hungary) had broken European and tensions within the ruling coalition
law by failing in its obligations and persisted. The increase in violence,
commitments to relocate asylum-seekers and particularly in the east and the central parts
refugees. The European Commission had of the country involving armed groups,
brought a case against the three countries to

138 Amnesty International Report 2020/21


including those from neighbouring countries, responding to Ebola, measles and cholera
exacerbated the humanitarian crisis. epidemics.
Thousands of armed group combatants, In September, the US government, via
who surrendered their weapons early in the USAID, donated 50 new ventilators to the
year in North Kivu, Ituri, South Kivu and Democratic Republic of the Congo (DRC)
Tanganyika provinces, were left without government to boost the country’s fight
shelter, food or medical care and many against the COVID-19 pandemic. Confirmed
rejoined their groups. The government’s COVID-19 cases and related deaths reached
focus on controlling COVID-19 and other 18,153 and 599 respectively by the end of
diseases diverted its attention from the year.
disarmament, demobilization and By June, the COVID-19 infection rate had
reintegration efforts. decreased but the 10th Ebola outbreak,
On 18 March, the President announced which began in 2018, had affected at least
measures to control the spread of the 3,470 people and left some 2,287 dead,
COVID-19 pandemic, including movement while the measles outbreak had killed around
restrictions, border closures and a ban on 6,000 people.
gatherings of more than 20 people. On 24
March, the President announced a 30-day Prison conditions
state of emergency which was extended on Overcrowding continued to be one of the
23 April and confirmed by the Constitutional biggest concerns in prisons and was
Court and Parliament. On 22 July, it was worsened by the COVID-19 pandemic. DRC
lifted following a slowdown in late June in prisons were among the most overcrowded in
COVID-19 cases and deaths, and restrictions the world, with some facilities holding more
were lifted in phases. than 300% over their intended capacity.
New appointments were made to the army Some prisoners went for days without food
and the judiciary but there was no significant and others did not receive necessary medical
change in the conduct of those institutions, attention, resulting in dozens of deaths.
which remained a major impediment to the Twenty-five inmates died in Makala prison in
protection of human rights. the capital, Kinshasa, from starvation and
On 23 November, the North-Kivu lack of medicine at the beginning of the year.
operational military court sentenced warlord In April, the government addressed the risk
Ntabo Ntaberi alias Sheka, leader of the of COVID-19 infection in prisons by releasing
Nduma Defense of Congo, to life at least 2,000 inmates. At the end of that
imprisonment for serious crimes committed month, 43 prisoners tested positive for
against civilians in North Kivu between 2007 COVID-19 at the Ndolo military prison in
and 2017. Charges included the rape of Kinshasa.
some 400 women, men and children in
2010. A member of the Democratic Forces RIGHT TO EDUCATION
for the Liberation of Rwanda was also The government closed schools, universities
sentenced to life imprisonment. Two Sheka and other educational institutions on 19
collaborators were sentenced to 15 years in March as part of its COVID-19 measures,
prison after a trial that lasted two years and in affecting around 27 million students. The
which 178 victims took part. closure of schools increased the risk for
many children of recruitment into armed
RIGHT TO HEALTH groups, as well as to sexual exploitation, early
The COVID-19 pandemic put immense marriage and child labour in mines. Schools
pressure on an already underfunded and were re-opened on 10 August.
overstretched health system, and on poorly Armed conflicts also disrupted the
paid health workers who were also education of thousands of children,
especially in the east.

Amnesty International Report 2020/21 139


of people to flee their homes. According to
ECONOMIC, SOCIAL AND CULTURAL the UN Joint Human Rights Office
RIGHTS (UNJHRO), in the first half of the year,
COVID-19-related lockdowns and other combatants from all armed groups carried
restrictions had an adverse impact on low out summary executions in which around
income households although the government 1,315 people, including 267 women and 165
took measures to alleviate hardship by, for children, were killed.
instance, providing some essential services Violence attributed to the Allied
like water and electricity for a two-month Democratic Forces (ADF), an armed group
period. Such households in urban and rural operating in DRC and Uganda, soared during
areas, and in the border regions, lost key the year after the authorities launched
sources of income due to the decline in preventive attacks on the group. Between 25
demand for informal economy workers and and 26 May, the ADF killed 40 civilians in
those involved in cross-border trading. Irumu territory, Ituri province, and was
The government continued in its failure to believed to be responsible for killing seven
enforce environmental and labour protection civilians on 15 August and for the deaths of
regulations in the mining industry where 58 people in two September attacks in the
many workers were exposed to toxic pollution same area. The UNJHRO accused the ADF
which caused birth defects in the children of of committing war crimes.
cobalt and copper miners.1 Men, women and Meanwhile, government forces were
children worked in some mines without basic accused of killing 14 civilians and injuring 49
protective equipment like gloves and face others in the first half of the year. They also
masks. They also complained of respiratory arbitrarily arrested and detained 297
diseases and urinary tract infections, among civilians.
other health problems. The use of child Between March and June, ethnically
labour, forced evictions to make way for motivated attacks by militias resulted in
mining projects, a lack of transparency over around 444 civilian deaths in Ituri and the
how mining rights were awarded, corruption, displacement of more than 200,000 people.
tax evasion and abusive transfer pricing were Most killings were carried out by fighters from
widespread.2 the Lendu community, and the majority of
victims were ethnic Hema and Alur residents.
EXCESSIVE USE OF FORCE There were reports of inter-communal
Following a ban on large public gatherings clashes in May and June between Alur and
under COVID-19 restrictions, security forces Hema communities in Ituri. Clashes between
used excessive force to disperse peaceful the Twa and Bantu communities in
protests. On 9 July, mass protests took place Tanganyika province left at least 100 people
in several cities against the appointment of dead.
the new Electoral Commission President. The
police responded to the largely peaceful VIOLENCE AGAINST WOMEN AND GIRLS
demonstrations with excessive force, killing at There was an increase in sexual violence
least one protester in Kinshasa and two against women and girls, particularly in the
others in Lubumbashi city. Many more were context of the conflict in the east. In May, the
injured. UNJHRO reported 79 such cases, up from
53 in April, against women who were
UNLAWFUL KILLINGS attacked by armed groups. While armed
Armed conflict and inter-communal violence groups were the main perpetrators, state
continued in areas of South Kivu, North Kivu security forces were also accused of
and Ituri provinces in the east and led to the responsibility for at least 26 cases of sexual
deaths of hundreds of people. Attacks by violence against women between April and
armed groups forced hundreds of thousands May.

140 Amnesty International Report 2020/21


denounce the impunity enjoyed by a senior
EXTRAJUDICIAL EXECUTIONS military officer who was alleged to have
Extrajudicial executions remained prevalent committed serious human rights violations in
across the country. While armed groups were Kisangani between 1998 and 2002.
responsible in the majority of cases, state Five community human rights defenders
agents also carried out such killings, faced charges in connection with their
particularly in conflict-affected areas. The criticism of a palm oil company operating in
UNJHRO reported that state agents were Tshopo province. Iswetele Eswetele Mokili,
responsible for extrajudicially executing at Dominique Kamatinanga Zuzi, Antoine
least 225 people, including 33 women and Swimbole Lingele, Robert Esumbahele and
18 children, in the first half of the year. Franck Lwange Etiota had peacefully
In July alone, there were at least 55 protested against the company after it
extrajudicial executions at the hands of the violated an agreement with the community to
security forces, around 11 of whom were build a school, health centre and a water
women and two children. In the same period, supply before exploiting land used by the
armed groups summarily executed 248 local community. They were held in poor
people, including 34 women and 11 children. conditions at Kisangani Central Prison,
State agents and armed group combatants 300kms from their homes, for more than six
were rarely prosecuted for these and other months before being released on bail on 27
human rights violations and abuses. A lack of March. Their trial was pending at the end of
funding and judicial independence continued the year.
to pose major barriers to the achievement of
accountability. FREEDOM OF EXPRESSION
The authorities subjected media workers to
HUMAN RIGHTS DEFENDERS threats, intimidation, harassment, violence,
Human rights defenders and human rights arbitrary arrests and detention, and
organizations continued to be targeted by the prosecution. They accused journalists and
authorities as a means to prevent them from media houses of disturbing public order or
carrying out their work. In July, Nobel Peace breaching professional ethics. Numerous
Prize laureate Denis Mukwege received death journalists were detained on trumped-up
threats via social media, phone calls and in charges.
direct messages after he made demands for On 7 February, Dek'son Assani Kamango,
accountability and justice for human rights a journalist with Radio Omega, was arrested
crimes committed in the DRC.3 Also in July, on allegations of “insulting the Maniema
the Senate President threatened to have provincial authority”. On 9 May, Christine
Jean-Claude Katende, a lawyer and President Tshibuyi, a Kinshasa-based reporter, received
of the African Association for the Defence of threatening phone calls after she published
Human Rights, disciplined by the Kinshasa an article about attacks on journalists in
Bar Association and brought to court. The Mbuji-Mayi town in Kasai Oriental province.
threats were connected to the lawyer’s social The same day, a four-wheel drive vehicle of
media posts in which he called for the Senate the type commonly used by the Republican
President to be brought to justice on various Guard, rammed the front of her car, forcing
charges. her to crash into a wall. A man who was
In September, Dismas Kitenge, head of the accompanied by four security force officers
Lotus Group, an NGO which documented slapped her around the face, causing her to
human rights violations in Kisangani, and his bleed. She said she reported the incident to
family members received death threats from the authorities but no investigation was
unidentified sources. The threats came soon carried out.
after he met the Minister of Human Rights, On 17 June, the Mongala provincial
with whom he discussed his NGO’s plans to authorities revoked the credentials of 13

Amnesty International Report 2020/21 141


journalists, ordered the temporary closure of A new law was passed recognizing sex
five radio stations, and suspended the without consent as rape. Abuse of
broadcasting of several television and radio minorities increased during the national
programmes deemed to be of a political COVID-19 lockdown. A discriminatory law
nature. on social housing remained in place. The
authorities failed to protect the rights of
INDIGENOUS PEOPLES children born with variations in sex
The authorities failed to honour commitments characteristics.
made to the Indigenous Twa people in
connection with their forced eviction from the DISCRIMINATION
Kahuzi Biega National Park in the east. Since In June, the Danish Institute for Human
1975 the community had been evicted in Rights published a survey which showed that
waves and had received promises that they members of minorities experienced increased
would be provided with alternative land of verbal and physical abuse during the
equal quality, education and employment COVID-19 lockdown between March-June.
opportunities, health services and the release
of members of their community who had Housing
been arrested for entering the National Park. The 2018 Regulation L38 on social housing
Meanwhile, negotiations between the Park continued to be in force despite
authorities and Twa representatives, recommendations from 2019 by the UN
concerning alternative land for the Committee on Economic, Social and Cultural
community, remained stalled. Rights (CESCR) to reform the law. The
In February, six Twa men, including key CESCR raised concerns about stigmatizing
negotiator Chief Jean-Marie Kasula, and two categories such as “ghettos” and “hard
Twa women, were found guilty of illegal ghettos” for neighbourhoods comprising
activities in the Park. Their one-day trial more than 50% of residents with “non-
before a military tribunal fell far short of western backgrounds”. The police had the
international standards for fair trial and they power to temporarily designate these
were sentenced to between one and 15 years neighbourhoods as “increased punishment
in prison. Four of the eight were released on zones” in which residents and visitors could
bail from Bukavu prison in August. An appeal face double the criminal penalties for certain
against their convictions had not been heard offences, including vandalism, assault, public
at the end of the year. order offences, arson, threats and extortion.
At the end of the year, the law had yet to be
reformed.1
1. Democratic Republic of the Congo: Alarming research shows long
lasting harm from cobalt mine abuses (Press release, 6 May) In May tenants of one of these
2. South Africa: Mining gathering must confront human rights
neighbourhoods, the housing project
violations (Press release, 3 February) Mjølnerparken in the capital,
3. Democratic Republic of the Congo: Concrete actions must be taken to Copenhagen, filed a lawsuit for discrimination
protect Denis Mukwege after death threats (Press release, 4 against the Ministry of Transport and Housing
September) in the Eastern High Court. In October, UN
experts called on the government to suspend
the sale of apartment houses in the area until
DENMARK courts determined whether laws permitting
the sale violated residents’ human rights,
Kingdom of Denmark including the high risk of forced eviction in
Head of state: Margrethe II violation of their right to adequate housing.
Head of government: Mette Frederiksen

142 Amnesty International Report 2020/21


2. Denmark: First reading of “sex without consent is rape” bill brings
VIOLENCE AGAINST WOMEN AND GIRLS historic moment for women’s rights closer (Press release, 20
November)
In September, the government and coalition
parties put forward a cross-party agreement
to introduce consent-based rape legislation.
Parliament passed the proposed bill into law DOMINICAN
on 17 December.2
In March, the national hotline “Live without REPUBLIC
violence” saw a doubling of requests for safe
spaces after the COVID-19 lockdown. In Dominican Republic
April, the Ministry of Social Affairs and the Head of state and government: Luis Rodolfo Abinader
Interior responded by creating 55 emergency Corona (replaced Danilo Medina in August)
shelter places.
The authorities carried out an estimated
LESBIAN, GAY, BISEXUAL, 85,000 detentions between 20 March and
TRANSGENDER AND INTERSEX (LGBTI) 30 June, for alleged non-compliance with
PEOPLE the evening curfew. Abortion remained
Despite specific recommendations from the criminalized in all circumstances. The
CESCR in 2019, the authorities failed to authorities failed to pass the comprehensive
protect the rights of children with variations in anti-discrimination legislation demanded by
sex characteristics. Infants and children civil society for years.
continued to be at risk of non-emergency,
invasive and irreversible genital surgery or ARBITRARY DETENTION
hormone treatment. In March, the authorities declared a state of
emergency and imposed a curfew to try to
REFUGEES AND ASYLUM-SEEKERS contain the spread of COVID-19. According
In January, the European Committee for the to data published daily on Twitter by the
Prevention of Torture called on the National Police, law enforcement carried out
government to take steps to improve the an estimated 85,000 detentions between 20
conditions at Ellebæk, a detention centre March and 30 June for alleged non-
where migrants, asylum-seekers and rejected compliance with the evening curfew. The
asylum-seekers are held based on Denmark’s authorities did not respond to requests for
immigration laws. At the end of the year, no information about the conditions in which
substantial improvements had been made. people were held, including whether people
were physically distanced in detention or had
CORPORATE ACCOUNTABILITY access to a lawyer and other due process
In January, the government committed to guarantees.
respond to the CESCR 2019 Video evidence suggested that the police
recommendation that Denmark adopt a legal used detention as a first rather than last
framework requiring business entities to resort to enforce lockdowns and routinely
exercise human rights due diligence in their rounded up groups of people in the back of
operations. The CESCR also recommended police vans, without taking any COVID-19
that businesses be held liable for human preventive measures like physical distancing
rights violations and that victims be enabled or mask wearing.
to seek remedies. By year’s end, the Videos also showed the authorities
government had yet to take steps to stopping or detaining people on their way to
introduce the required legal framework. get food or other basic items, despite
evidence from previous public health
emergencies that coercive enforcement,
1. Denmark: Human rights must be ensured for all (EUR 18/3229/2020)
including criminalization, can be

Amnesty International Report 2020/21 143


counterproductive and have a authorities by Amnesty International in 2019
disproportionate impact on marginalized that the police routinely raped, beat and
groups. humiliated women engaged in sex work in
The authorities often used tactics designed acts that may amount to torture or other ill-
to humiliate people for allegedly breaking treatment.
curfews, such as forced group exercise, and
employed unnecessary force during SEXUAL AND REPRODUCTIVE RIGHTS
detentions, a trend documented in previous The country failed to decriminalize abortion,
years in reports on the arbitrary detention of including in instances where the pregnancy
women sex workers and young people.1 poses a risk to the life of a pregnant woman
or girl, in cases of foetal impairments or
VIOLENCE AGAINST WOMEN AND GIRLS where the pregnancy is the result of rape or
In the first weeks of the curfew there was a incest.
significant drop in the number of reports of In February, the Inter-American
gender-based violence, according to news Commission on Human Rights admitted for
reports. This raised concerns that women review the case of “Esperancita”, a 16-year-
were suffering violence in silence in a country old girl who died in 2012 after being denied
with one of the highest rates of gender-based life-saving treatment for leukaemia because
killings of women in the world, according to she was pregnant.
the UN Gender Equality Observatory for Latin
America and the Caribbean. Between ARBITRARY DEPRIVATION OF
January and December, 130 women were NATIONALITY
killed, 66 of which were femicides, according Thousands of people born to foreign parents
to preliminary statistics published by the who were registered as Dominicans at birth
Prosecutor General’s Office. but later unrecognized as nationals, most
recently through a 2013 ruling that left tens
WOMEN’S RIGHTS of thousands without nationality, remained
Women facing discrimination on multiple and unable to obtain Dominican identity
intersecting grounds, such as transgender documents, leaving them stateless and at risk
women and low-income cisgender women, of expulsion.
continued to experience discrimination in In his last week in office, former President
accessing formal employment and many Danilo Medina ordered the naturalization of
continued to sell sex as their primary method 750 Dominicans of Haitian descent who had
of income. been stripped of their nationality, a symbolic
Following the implementation of the gesture, but insufficient to resolve the
evening curfew in March, many transgender country’s long-standing statelessness crisis.
sex worker women were unable to work, In August, civil society organizations called
which left many of them struggling to pay on President Abinader to embrace dialogue
rent and without access to key social with Dominicans of Haitian descent and the
protections such as a range of health organizations that accompany them to put an
services, according to the NGO Transsa. end to the conditions that drive statelessness
Although the authorities put in place financial and the barriers that it poses for access to
assistance programmes for workers, sex health care, education and other rights. At
workers faced barriers when trying to access the end of the year the President had not
them, according to Transsa, which, working responded publicly.
with other NGOs, was able eventually to get
assistance for some transgender women. DISCRIMINATION
The authorities also failed to implement a Despite accepting the recommendations
national protocol for the investigation of made by the UN Human Rights Council, the
torture, despite evidence presented to the authorities failed to pass the comprehensive

144 Amnesty International Report 2020/21


anti-discrimination legislation demanded by of human rights defenders, including a
civil society organizations for years. protocol for the investigation of crimes
committed against them. By the end of the
year, no one had been brought to justice in
1. Americas: Authorities must protect people from COVID-19 instead of
resorting to repressive measures (Press release, 15 May) connection with threats and attacks against
Amazonian Women collective members
Patricia Gualinga, Nema Grefa, Salomé
ECUADOR Aranda and Margoth Escobar. There were
concerns that the criminal investigations into
these attacks might be archived.1
Republic of Ecuador
In May, Ecuador ratified the Regional
Head of state and government: Lenín Boltaire Moreno
Garcés Agreement on Access to Information, Public
Participation and Justice in Environmental
Matters in Latin America and the Caribbean
Human rights defenders lacked appropriate (Escazú Agreement).
protection mechanisms to safeguard their On 16 December, a judge ruled that
lives and physical safety. The authorities criminal proceedings against digital human
failed to ensure effective investigations into rights defender Ola Bini for “unauthorized
threats and attacks against human rights access to a computer system” should
defenders, particularly those working to proceed to the pre-trial stage.
defend Indigenous Peoples’ rights, their
territory and the environment. Ongoing INDIGENOUS PEOPLES’ RIGHTS
exclusion and discrimination exacerbated Indigenous Peoples in the Ecuadorian
the impact of the COVID-19 pandemic on Amazon continued to be at high risk in the
the rights of Indigenous peoples. context of the pandemic due to lack of
access to drinking water, food, medical
BACKGROUND supplies, health services and COVID-19 tests,
Ecuador reported its first case of COVID-19 in resulting from long-term inequality, exclusion
February and on 11 March the Minister of and discrimination.
Health declared the national health system to On 7 December, Indigenous and human
be in a state of emergency. Supreme decrees rights organizations reported 3,257
and subsequent laws established quarantine confirmed cases, 50 confirmed deaths and
measures, mandatory stay-at-home 54 deaths with symptoms of COVID-19
regulations, among other economic and among the Indigenous nationalities
social measures to deal with the pandemic. (ethnicities) in the Ecuadorian Amazon.
On 7 April Ecuadorian human rights In August, the government published a
organizations drew attention to the grave protocol for the prevention and care of
humanitarian situation in the city of COVID-19 in Indigenous, Afro-Ecuadorian
Guayaquil after images emerged of corpses and Montubio Peoples. Indigenous and
abandoned in the streets, hospitals in a state human rights organizations in the Amazon
of collapse and morgues overwhelmed with stated that Indigenous Peoples had not been
bodies. As of 31 December, the Ministry of adequately consulted on the protocol and it
Public Health had reported 212,512 did not reflect their demands. They also
confirmed COVID-19 cases and 9,473 deaths noted that Indigenous Peoples had been
and a further 4,561 deaths “probably” excluded from the Emergency Operations
related to the virus. Committees in charge of implementing the
protocol.2
HUMAN RIGHTS DEFENDERS On 7 April an oil spill in the Amazon
The authorities had yet to design and polluted the Coca and Napo rivers, affecting
implement a national policy for the protection the environment, water, food and livelihoods

Amnesty International Report 2020/21 145


of nearly 120,000 people, of whom 27,000 concerns that these measures could deepen
were Indigenous. On 29 April, a group of existing inequalities and lack of access to
Indigenous and human rights organizations rights.
filed constitutional protection proceedings
and requested precautionary measures on
1. Ecuador: State must urgently adopt public policy to protect human
behalf of the people affected by the oil spill. rights defenders facing grave risks (News, 12 March)
On 1 September, a judge rejected the petition 2. Ecuador: COVID-19 threatens Indigenous peoples’ lives (AMR
and refused precautionary measures, stating 28/2643/2020)
that the petitioners had not proved a violation
of rights. The petitioners claimed that there
had been procedural irregularities in the case
and that the judge had not respected due
EGYPT
process guarantees. Arab Republic of Egypt
Head of state: Abdel Fattah al-Sisi
SEXUAL AND REPRODUCTIVE RIGHTS Head of government: Moustafa Madbouly
In August, the National Assembly approved a
new Health Code which improved access to
sexual and reproductive health care. In The authorities continued to punish any
September, the President vetoed the Health public or perceived dissent, and severely
Code, which was to be reviewed by the repressed the rights to peaceful assembly
National Assembly in September 2021, in its and freedom of expression and association.
entirety. Abortion remained criminalized in Tens of journalists were detained arbitrarily
most cases, creating a barrier to accessing solely in relation to their work or critical
health care. views. The authorities clamped down on
reporting that deviated from the official
REPRESSION OF DISSENT narrative on COVID-19 and detained health
By the end of the year, investigations into care workers who expressed safety
allegations of human rights violations and concerns. The authorities continued to
abuses committed in Ecuador during the severely restrict human rights organizations’
October 2019 protests had not concluded. In and political parties’ freedom of
June, the Ministry of Defence issued association. Security forces used unlawful
Agreement 179, which allows the Armed force to disperse rare protests, and
Forces to use lethal force against protesters, arbitrarily detained hundreds of protesters
in violation of international human rights law and bystanders pending investigations into
and standards. In July, the Constitutional “terrorism” and protest-related charges.
Court suspended the application of the Thousands of people remained in prolonged
Agreement pending its decision on its pre-trial detention, including human rights
constitutionality. defenders, journalists, politicians, lawyers
and social media influencers. Conditions of
ECONOMIC, SOCIAL AND CULTURAL detention remained cruel and inhuman and
RIGHTS prisoners were denied adequate health care,
Some 25% of the Ecuadorian population was which led or contributed to at least 35
living below the national poverty line in 2020. deaths in prisons or shortly after release.
In May, the government announced a series Fair trial guarantees were routinely flouted.
of measures to reduce public spending, Death sentences were handed down and
raising concerns about the possible negative executions were carried out. Women were
impact this could have on economic and prosecuted on “morality” charges for the
social rights, especially for disadvantaged way they dressed, acted or earned money
individuals and groups who could be online. Dozens of workers were arbitrarily
disproportionately affected. There were arrested and prosecuted for exercising their

146 Amnesty International Report 2020/21


right to strike. Residents of informal including by allowing transhipments of arms
settlements were forcibly evicted. The from the United Arab Emirates (UAE). The
authorities arrested and prosecuted UAE launched drone strikes in Libya on
Christians, Shi’a Muslims and others for LAAF’s behalf from the Sidi Barrani airbase in
blasphemy. Security forces dispersed Egypt.
protests by refugees over the killing of a
Sudanese child with force and subjected FREEDOM OF ASSEMBLY
them to racial slurs and beatings. The authorities responded to small and rare
protests in September and October with
BACKGROUND unlawful use of force, mass arrests,
Between August and December, elections censorship and random security checks.
were held for both chambers of parliament Security forces used tear gas, batons,
amid low voter turnout. birdshot and on at least one occasion live
Every three months, the authorities ammunition to disperse protests. They also
extended the state of emergency, in force raided homes in a violent manner to arrest
since April 2017, thereby circumventing the suspected protesters, killing at least two men
constitutional six-month limit. In May, the and injuring others.1 Hundreds of protesters
emergency law was amended giving the and bystanders were arrested and detained
President additional sweeping powers to pending investigations into "terrorism" and
restrict public and private gatherings and protest-related charges.
further expanding the jurisdiction of military
courts over civilians. FREEDOM OF EXPRESSION
In June, the International Monetary Fund The authorities clamped down on free
approved a US$5.2 billion package to help speech offline and online.
Egypt respond to the economic impact of Security forces arbitrarily arrested and
COVID-19. In August, the government detained tens of media workers pending
reduced the size of subsidized bread. In investigations into charges related to “misuse
September, small and scattered protests took of social media”, “spreading false news” or
place in several poor urban and rural "terrorism”.
communities, triggered mainly by the On 24 June, security forces raided the
deteriorating economic situation and office in the capital, Cairo, of the al-Manassa
government threats to demolish unregistered independent news site and briefly detained
buildings unless residents paid a fine based its editor-in-chief Noura Younes.
on the law on reconciliation. Hundreds of news, human rights and
Attacks by armed groups in North Sinai other websites remained blocked, according
continued sporadically. The military to rights groups. In April, the authorities
announced fatalities in its ranks in May, July blocked the Darb news site after it reported
and October, and the killing of dozens of on human rights concerns.
militants. According to media reports, armed The authorities clamped down on
groups overran several villages in the Bir al- independent reporting on COVID-19 and
Abd area in July, forcing residents to flee. warned against “spreading false news” on
Some were killed by improvised explosive the pandemic. The authorities arbitrarily
devices in October upon their return home. arrested at least nine health care workers
Egypt remained a member of the Saudi who expressed safety concerns or criticized
Arabia-led coalition in the conflict in Yemen, the government’s handling of the pandemic
and in the coalition imposing sanctions on on their social media platforms and detained
Qatar arising from the ongoing diplomatic them pending investigations into "terrorism"-
crisis in the Gulf. Egypt supported the self- related charges and "spreading false news".
declared Libyan Arab Armed Forces (LAAF), Others were subjected to threats, harassment
a party to the armed conflict in Libya, and punitive administrative measures.

Amnesty International Report 2020/21 147


On 25 August, a terrorism circuit court “terrorist acts”, terrorism circuit judges
sentenced the director of the Cairo Institute added politicians Zyad el-Elaimy and
for Human Rights Studies, Bahey el-Din Abdelmoniem Abouelfotoh, as well as
Hassan, in his absence, to 15 years’ activists Ramy Shaath and Alaa Abdelfattah
imprisonment on charges of “insulting the and human rights defender Mohamed el-
judiciary” and “disseminating false news” for Baqer, to Egypt’s "terrorists list" for five years
tweeting about human rights violations in without any hearing or due process.
Egypt.
ARBITRARY DETENTIONS AND UNFAIR
FREEDOM OF ASSOCIATION TRIALS
The politically motivated criminal Thousands of people were detained arbitrarily
investigation into the activities and funding of solely for exercising their human rights or on
human rights organizations, known as Case the basis of grossly unfair trials, including
173, remained active. At least 31 staff mass and military trials. The authorities also
members of civil society organizations threatened, questioned and arbitrarily
continued to be banned from travelling detained family members of exiled dissidents.
abroad. In July, a Cairo court rejected an In August, activist Sanaa Seif, unjustly
appeal by 14 of them against their travel detained since June, was referred to trial for
bans. "spreading false news," "insulting an official”
In February, security forces arbitrarily and other charges relating to her speaking
arrested Patrick Zaki George, a human rights out against a police officer’s complicity in an
researcher at the Egyptian Initiative for assault she suffered with her mother and
Personal Rights (EIPR), a human rights NGO, sister outside the Tora Prison Complex in full
upon his arrival in Cairo from abroad. His view of security forces.
lawyers said that the police subjected him to Prosecutors and judges routinely renewed
electric shocks and beatings. He remained in the pre-trial detention of thousands of
pre-trial detention pending investigations into suspects held pending investigations into
unfounded “terrorism”-related charges. In unfounded “terrorism”-related charges, in
November, security forces arrested EIPR some cases in the defendants’ absence and
directors Gasser Abdel Razek, Karim without allowing lawyers to challenge the
Ennarah and Mohamed Besheer and legality of their detention. Many were held in
detained them pending investigations on pre-trial detention for periods exceeding the
terrorism-related charges following a meeting maximum limit under Egyptian law of two
with several western diplomats that took years.
place at EIPR offices. They were released The Supreme State Security Prosecution
after a global campaign, but the authorities (SSSP), a special branch of the Public
froze their assets in December. Prosecution responsible for investigating
Opposition politicians faced arbitrary security threats, bypassed court or
detention and other harassment. In March, a prosecution release decisions after prolonged
court sentenced Zyad el-Elaimy, a former pre-trial detention by issuing new detention
parliamentarian and leader of an opposition orders covering similar charges. The SSSP
party, to one year in prison for conducting a employed similar tactics to arbitrarily detain
media interview on the human rights convicted prisoners after they had served
situation. In June, a higher court upheld the their sentences.
verdict. He remained imprisoned. Following
amendments to counter-terrorism legislation ENFORCED DISAPPEARANCES,
in February allowing the judicial authorities to TORTURE AND OTHER ILL-TREATMENT
designate entities and individuals as Authorities subjected hundreds of detainees,
“terrorists” on the sole basis of police including prisoners of conscience, to
investigations and without the occurrence of

148 Amnesty International Report 2020/21


enforced disappearance in undisclosed deliberately to punish dissidents which may
locations. have amounted to torture. At least 35
Among them was trade unionist Ahmad detainees died in prison or shortly after their
Amasha, who was forcibly disappeared for 25 release, following medical complications and
days following his arrest on 17 June. On 12 in some cases denial of adequate health
July, the SSSP questioned him and ordered care; the authorities failed to conduct
his detention pending investigations into independent or effective investigations into
"terrorism"-related charges. the causes and circumstances of their
Torture remained rife in formal and deaths.
informal places of detention. Defendants On 13 August, senior Muslim Brotherhood
arrested in connection with the September figure Essam El-Erian, who had been
protests told prosecutors that they were detained since 2013, died in prison. He had
beaten and given electric shocks by security previously complained in court about ill-
forces. treatment in solitary confinement and denial
Prosecutors routinely failed to order of health care.
investigations into claims of torture and The authorities failed to take measures to
enforced disappearance against National reduce the impact of the outbreak of
Security Agency (NSA) officers. Only in rare COVID-19 in prisons and other detention
cases of deaths in custody did the authorities facilities, including by failing to provide
open criminal investigations. On 7 September prisoners with sanitizing products or
Islam al-Australy, a poultry shop owner, died systematically testing and quarantining those
at Monib police station in Giza governorate suspected of infection or attempting to
two days after his arrest. The Ministry of address overcrowding. The authorities failed
Interior denied claims that he had died as a to release thousands held in prolonged pre-
result of torture. Security forces arrested his trial detention, proceeding only with regular
relatives, neighbours and local residents annual pardons to release thousands of
protesting against his death, releasing them prisoners in non-political cases. Authorities
after his family dropped their complaint. The also arbitrarily arrested and harassed
Public Prosecution ordered the detention of relatives and supporters of prisoners for
four low-ranking policemen pending expressing concerns over their health.
investigations and released a police officer on The authorities banned prison visits
bail. between March and August citing COVID-19
In December, Italian prosecutors named fears, and for the whole year for scores of
four NSA officers as suspects in the detainees in political cases. Prison officials
abduction, torture and killing of Italian failed to provide regular alternative means of
student Giulio Regeni in 2016. communication between prisoners and their
families and lawyers.
RIGHT TO HEALTH – PRISON
CONDITIONS DEATH PENALTY
Conditions in prisons and other detention Egyptian courts, including military courts and
facilities remained cruel and inhuman, with terrorism circuits of criminal courts, handed
prisoners complaining of overcrowding, poor down death sentences after unfair mass
ventilation, lack of hygiene and access to trials. Higher courts upheld the verdicts on
sanitation facilities, and inadequate food and appeal. Executions were carried out.
drinking water. Authorities tortured some In March, a criminal court handed down
detainees by holding them in dire conditions death sentences against 37 men after an
in prolonged and indefinite solitary unfair mass trial.2 Many of them had been
confinement. forcibly disappeared for months, beaten,
Authorities denied prisoners access to subjected to electric shocks or suspended for
adequate health care, in some cases prolonged periods before their trials. In July,

Amnesty International Report 2020/21 149


the Court of Cassation upheld the death From April, the authorities intensified their
sentence against Wael Tawadros, known as crackdown on women social media
Father Isaiah, after a trial marred by torture influencers for the way they dressed, acted
and enforced disappearance. and earned money on apps such as TikTok,
Executions were carried out, including of prosecuting at least nine women on charges
individuals convicted in grossly unfair trials, of “indecency” and "violating family
marred by allegations of enforced principles and values". At least six women
disappearance and the acceptance of were sentenced to prison terms ranging from
“confessions” extracted under torture as two to six years.3
evidence. In October and November alone,
Egypt executed almost double the number of WORKERS’ RIGHTS
those executed in all of 2019. Following the COVID-19 outbreak, tens of
thousands of private sector workers were
SEXUAL AND GENDER-BASED dismissed, forced to accept reduced wages,
DISCRIMINATION AND VIOLENCE work without protective equipment or take
Women and girls continued to face open-ended unpaid leave. The authorities
discrimination in law and practice. failed to provide workers who lost their
In response to public campaigning against livelihoods as a result of the economic impact
impunity for sexual violence, the authorities of COVID-19 with sufficient social protection
arrested several men suspected of rape. measures, including unemployment benefits.
However, they failed to guarantee the The authorities arbitrarily detained tens of
protection of survivors and witnesses, and workers and trade unionists solely for
neither prevented nor adequately investigated exercising their right to strike and protest
widespread violence against women and peacefully.
girls. Authorities also carried out reprisals In September, security forces arrested at
against a rape survivor and others who least 41 workers at a state-owned textile
reported sexual violence. company in Shebin al-Kom city who were
In August, authorities arbitrarily detained protesting for their outstanding dues. All were
and opened criminal investigations against released 10 days later.
four people who came forward as witnesses A June verdict by the Court of Cassation
in a case concerning a gang rape at a Cairo sanctioned the dismissal of workers at state-
hotel in 2014, over charges related to owned companies who had been convicted
“morality” and “misuse of social media”, of protest-related charges, even if acquitted
among others. Two men also arrested in by higher courts.
connection with the case, other than the rape
suspects, faced “debauchery” charges, RIGHT TO HOUSING AND FORCED
frequently used in Egypt to prosecute same- EVICTIONS
sex sexual relations. Authorities subjected the The authorities carried out forced evictions in
two to forced anal examinations, an act informal settlements and arbitrarily arrested
amounting to torture. The case against the six dozens of people for protesting against
people was primarily based on private videos threatened house demolitions.
and photographs of an intimate nature. On 18 July, security forces used force to
On 5 September, the Code of Criminal disperse a protest by residents of Ma'awa el-
Procedures was amended to prohibit Sayadeen in Alexandria against the
prosecutors and law enforcement officials demolitions of their homes, and arrested
from revealing the identities of survivors of about 65 protesters. At least 42 men were
sexual violence; it did not stipulate penalties detained pending investigations into charges
for breaches of confidentiality or contain of “participating in unauthorized protests”
provisions to protect witnesses and others and “attacking public employees” for up to
reporting sexual violence. five months. All were released later.

150 Amnesty International Report 2020/21


FREEDOM OF RELIGION AND BELIEF
The authorities continued to discriminate
EL SALVADOR
against Christians in law and practice. Their Republic of El Salvador
right to build or repair churches remained Head of state and government: Nayib Armando Bukele
restricted by a 2016 law requiring approval Ortez
from security agencies and other state
bodies. According to the EIPR, such bodies Thousands of people were detained in
had granted full legal registration to fewer quarantine centres for alleged violations of
than 200 churches out of a total of 5,540 a mandatory quarantine imposed in the
applications since 2016, while only 1,412 context of the COVID-19 pandemic. There
churches received preliminary, conditional were reports of precarious and insanitary
approvals. conditions in these centres, as well as
Members of Muslim minorities, atheists, arbitrary detentions and excessive use of
Christians and others were prosecuted and force. The President made public
imprisoned for blasphemy or for "terrorism"- statements stigmatizing journalists and
related charges. In June, two Shi’a men were human rights organizations. The rights of
sentenced to one year’s imprisonment for the victims of crimes under international
practising their faith. In August, security law and of human rights violations during
forces arrested Quranist writer and blogger the internal armed conflict remained under
Reda Abdel-Rahman and forcibly threat. Restrictions and attacks on freedom
disappeared him for 22 days, apparently in of the press and limited access to official
retaliation for the religious and political information were reported throughout the
writings of his exiled relative. He remained in year. The total ban on abortion remained in
pre-trial detention. place.

RIGHTS OF REFUGEES AND MIGRANTS BACKGROUND


The authorities continued to arbitrarily arrest In February, the Council of Ministers held an
and detain refugees and migrants. Between extraordinary session of the Legislative
January and September, security forces Assembly accompanied by a security forces
arrested and detained at least 14 Syrians, 29 deployment with reports of snipers stationed
Sudanese people and one Guinean person in in the vicinity and restrictions on press
police stations in southern Egypt for freedom.1
irregularly entering or staying in Egypt. In April, the President publicly rejected
In November, security forces violently rulings of the Constitutional Chamber of the
dispersed two peaceful protests by Sudanese Supreme Court.2 In August, an investigation
refugees and migrants over the murder of a by the media revealed that President
Sudanese child. Security forces arrested Bukele’s administration might have
dozens of protesters and subjected them to negotiated with a local gang to reduce crime
beatings, racial slurs and other ill-treatment. rates.
No detailed information was made public
about the content of the Territorial Control
1. Egypt: Rare protests met with unlawful force and mass arrests (Press
release, 2 October) Plan, which sets out the country’s national
2. Egypt: Death sentences against 37 convicted of terrorism after unfair
security policy. Local organizations expressed
trial (Press release, 2 March) concern about the continuing repressive and
3. Egypt: Survivors of sexual violence and online abuse among militarized approach to public security.
prosecuted women TikTok influencers (Press release, 13 August)
RIGHT TO HEALTH
According to official figures, more than 2,000
people were detained in quarantine centres

Amnesty International Report 2020/21 151


for alleged violations of the mandatory Chamber that they were detained solely for
national quarantine imposed in late March, leaving their houses to buy food or medicine.
some for up to 40 days. Conditions in these
centres fell short of minimum standards for EXCESSIVE USE OF FORCE
sanitary conditions and physical distancing, The PDDH received hundreds of complaints
putting those held at unnecessary risk of of human rights violations by the security
COVID-19 infection.3 forces, including reports of excessive use of
Between 13 March and 27 May, the force and ill-treatment, in the context of
Supreme Court received 330 habeas corpus enforcing the quarantine.
petitions and 61 amparos (requests for In March, a 17-year-old boy reported that
judicial protection) in the context of the the police detained him as he was leaving
COVID-19 pandemic. In many of these cases, work on a sugar plantation. He and his family
people alleged that conditions in the stated that the police beat him and took him
quarantine centres were inadequate, lacked to a detention centre, where he was held with
cleaning materials and drinkable water, and adults for almost three days before being
that people were unable to access released without charge.
medication for chronic illnesses. El Salvador’s In another case, a young man reported
Ombudsperson Office (PDDH) identified at that when he went out to buy food and fuel
least 44 cases of people deprived of their after being paid, a police officer detained
liberty in the context of the quarantine him, beat him and shot him twice in the
between March and May who had underlying legs.5
medical conditions.
In April, a human rights defender who has HUMAN RIGHTS DEFENDERS
diabetes was detained when she went out to Throughout the year, the President issued
buy food and medicine for her three-year-old public statements vilifying civil society
child. She spent more than a month in a groups, including journalists and human
quarantine centre with poor conditions, rights organizations, and stigmatizing those
which could have increased her exposure to seeking greater government transparency
COVID-19. and accountability.
That same month, while cases of health In June, human rights organizations
workers infected with COVID-19 and a lack of reported that, following the introduction of the
adequate equipment were being reported, measures to tackle COVID-19, attacks on
the President vetoed Decree 620. The local organizations and women human rights
Decree, which aimed to guarantee health defenders increased significantly, particularly
insurance and biosafety equipment to health through digital media. Organizations also
workers, was later declared constitutional by reported an increase in government
the Constitutional Chamber. statements that put human rights defenders
As of late July, at least 104 health workers at risk.6
had died from COVID-19.4 The Legislative Assembly failed to approve
the Law for the Recognition and
ARBITRARY DETENTION Comprehensive Protection of Human Rights
Hundreds of people detained for alleged Defenders and for the Guarantee of the Right
quarantine violations were taken to to Defend Human Rights; the bill had been
government quarantine centres or police presented before the Assembly in 2018.
stations, as if they had committed a crime. In
that context, the Constitutional Chamber of RIGHT TO TRUTH, JUSTICE AND
the Supreme Court ruled that the authorities REPARATION
had no legal basis for holding people in these In February, the Legislative Assembly
centres as a form of punishment. Some approved a decree containing the Special
detainees stated in their appeals before the Law on Transitional Justice, Reparation and

152 Amnesty International Report 2020/21


Reconciliation. This contains provisions that
hinder the investigation and effective
punishment of those responsible for crimes
EQUATORIAL
under international law. The President vetoed
the decree later that month.7 However, the
GUINEA
government failed to make public information
Republic of Equatorial Guinea
related to military operations during the
Head of state: Teodoro Obiang Nguema Mbasogo
internal armed conflict (1980-1992) and Head of government: Francisco Pascual Obama Asue
denied judicial access to military operation
files related to the 1981 El Mozote massacre.
In September, a Spanish court convicted a The crackdown on human rights defenders
former Salvadoran colonel and former continued and administrative obstacles
defence minister for the murder of five Jesuit prevented NGOs from obtaining legal
priests in 1989, during the armed conflict.8 registration. The right to a fair trial was
violated. Police used excessive force and
WOMEN’S RIGHTS the right to freedom of expression,
The total ban on abortion remained in place including access to information, was
and until June at least 18 women remained violated in the context of the COVID-19
in jail on charges related to obstetric pandemic. Draft legislation threatened to
emergencies. discriminate against lesbian, gay, bisexual,
transgender and intersex (LGBTI) people
and sex workers.
1. El Salvador: Deployment of security forces in the Legislative Assembly
raises alarm over the future of human rights (Press release, 9
February) BACKGROUND
2. El Salvador: Open letter to President Nayib Bukele regarding The government planned to organize
measures taken for COVID-19 (Open letter, 30 April) international events to attract foreign
3. When protection becomes repression: Mandatory quarantines under investment and signed new mining contracts
COVID-19 in the Americas (AMR 01/2991/2020) with foreign companies. Corruption and
4. Global: Amnesty analysis reveals over 7,000 health workers have died embezzlement continued to hit the headlines.
from COVID-19 (Press release, 3 September)
In February, the Appeal Court of Paris upheld
5. El Salvador: Repression and broken promises, the new face of the a three-year suspended sentence and a €30
country after one year of President Bukele's government (Press
million fine against Vice-President Teodoro
release, 1 June)
Obiang Nguema Mangue, the President’s
6. Las medidas del gobierno ante la covid-19 han propiciado un entorno
violento y hostil para las defensoras de derechos humanos (AMR
son, for embezzlement.
29/2560/2020, Spanish only) In March, the government responded to
7. El Salvador: Las autoridades deben garantizar justicia, verdad y the COVID-19 pandemic by declaring a state
reparación para las víctimas del conflicto armado (AMR of emergency on health grounds which
29/1930/2019, Spanish only) included rights-restricting provisions. Some
8. El Salvador: Conviction of one of those responsible for the murder of restrictions were lifted on 15 June.
Jesuit priests must break the chain of impunity (Press release, 11
The government resigned in August,
September)
acknowledging its responsibility for the
economic crisis which was aggravated by the
pandemic. A new government took over.

FREEDOM OF EXPRESSION
The authorities violated the right to freedom
of expression, including access to
information, in the context of the COVID-19
pandemic. In May, the government stopped
publishing the numbers of COVID-19 cases,

Amnesty International Report 2020/21 153


arguing that the information had been used for several months until they were reported to
by its critics to discredit its public health be in Black Beach Prison and then
work. transferred to Mongomo Prison on the
Later in May, the Ministry of Foreign Affairs mainland. The Spanish nationals were denied
asked the World Health Organization to access to their embassy representatives.
withdraw its representative and make sure
she left the capital, Malabo, immediately after HUMAN RIGHTS DEFENDERS
the government accused her of “falsifying the Freedom of association
data” on COVID-19 infections. The authorities continued to place obstacles
On 15 April, Nuria Obono Ndong Andeme, in the way of NGOs seeking to register their
a nurse, was summoned by the Minister of organizations. In 2019, the government had
Health about a WhatsApp message she had accepted recommendations during the UN
sent to a friend which went viral. She had Universal Periodic Review process to reform
complained about the lack of oxygen in Law 1/1999 which regulates NGO
Malabo’s Sampaka Hospital. The day after, registration, but failed to modify the law.
she appeared before a judge who put her in In June, Somos+, a civil society platform,
pretrial detention in Black Beach Prison, in submitted an application for legal registration
Malabo. She was released without charge on to the Ministry of the Interior and Local
21 April. Corporations. Several days later, they were
According to Reporters without Borders, notified by this body that their application
seven journalists who worked for the TV should be validated by the General Direction
channel, Asonga, were suspended in May of Human Rights, although such validation is
after they publicly criticized the use of not required by law. In August, Somos+
violence by the defence and security forces representatives met with the Interior Minister
to impose the COVID-19 pandemic lockdown. who interviewed them about their activities
and reminded them that they needed to
EXCESSIVE USE OF FORCE register before they carried out any activities.
In April, people regularly posted videos on
social media which showed the police using Arbitrary arrests and detentions
violence against people while enforcing the In February, Joaquín Elo Ayeto, a Somos+
lockdown. Many of those attacked were street member, was released without explanation
sellers, particularly women, whose stalls were from Black Beach Prison where he had been
destroyed. held for almost one year following his
arbitrary arrest in February 2019. Although
RIGHT TO A FAIR TRIAL he was tried in 2019 for defamation and
In March, a military court in Oveng Asem (a threats against the President, he was not
city on the mainland) convicted 10 men in given any information about his sentence. He
connection with membership of the was released on the President’s orders after
Movement for the Liberation of Equatorial the President met the Secretary General of
Guinea Third Republic (MLGE3R), an the opposition Convergence for Social
opposition group. They were sentenced Democracy Party.
following a trial held behind closed doors to a
total of 734 years’ imprisonment for treason, DISCRIMINATION
verbal abuse/insult against the head of state, Draft legislation regulating sex work and
and espionage. Four of them – two Spanish LGBTI rights remained under consultation at
nationals of Equatorial Guinean origin and the ministerial level. Although the draft would
two Equatorial Guineans resident in Spain – prohibit some forms of discrimination, it
had been abducted in South Sudan and included a provision to safeguard the “moral
transferred to Equatorial Guinea in November integrity of the social majority”, implicitly
2019. Their whereabouts remained unknown perpetuating discrimination against LGBTI

154 Amnesty International Report 2020/21


people and sex workers, and included a ban capital Asmara in 2018. No charges had
on gay pride events. The draft legislation also been brought against him by the end of the
included a provision requiring the year. He was arrested after he had published
government to establish a “social a book calling for democratic reform and was
reintegration” policy for LGBTI people who subjected to enforced disappearance.
voluntarily abandoned their homosexuality.
RIGHT TO HEALTH
Prisons and detention centres
ERITREA Prisons and detention centres remained
chronically overcrowded with unsanitary
State of Eritrea living conditions.1 Adi Abeto prison, north of
Head of state and government: Isaias Afwerki Asmara, held about 2,500 inmates despite
having capacity for only 800. The Mai Serwa
Asmara Flowers detention camp near
The whereabouts of government critics and Asmara, where many Jehovah’s Witnesses
pro-democracy leaders who had been were held, had no toilets for an estimated
arbitrarily detained since 2001 remained 700 detainees, and men and women inmates
unknown. The authorities continued to had to relieve themselves in the open. The
violate the rights to freedom of expression, Mai Serwa Maximum Security prison, close to
religion and freedom of movement. Asmara, had only 20 toilets for 500
Prisoners were denied their rights to health. detainees.
Thousands continued to flee abroad as the Prisons and detention facilities did not
repression and indefinite military provide detainees with adequate water, food
conscription continued, even after Eritrea and hygiene products such as soap. Many
restored relations with its former arch- detainees in Mai Serwa Maximum Security
enemy Ethiopia. prison, Mai Serwa Asmara Flowers detention
facility and the all-male Ala prison, near
FREEDOM OF EXPRESSION Asmara, relied on their families for
There continued to be no independent press supplementing the meagre food that was
since the authorities banned all non-state provided to them. On 2 April, the authorities
media in 2001. In 2020, the Committee to imposed a lockdown on prisons to prevent
Protect Journalists found Eritrea was the the spread of COVID-19 and other diseases.
most censored country in the world and had No visitors were allowed in, cutting off
more journalists in prison than any other necessary supplies from relatives, and
country. putting detainees at even greater risk of
malnutrition and disease.
ARBITRARY DETENTION AND ENFORCED
DISAPPEARANCES FORCED LABOUR
Hundreds of politicians, religious leaders, Conscripts to the mandatary national service
journalists and other government critics – programme continued to be forced to serve
some held for more than a decade without for indefinite periods extending far beyond
charge or trial – remained in arbitrary the legal limit of 18 months. There was no
detention and continued to be denied access provision for conscientious objection and
to their families and lawyers. The thousands remained in open-ended
whereabouts and fate of 11 high-profile conscription, many of them having already
politicians and 17 journalists who criticized served for decades. The government
President Afwerki’s rule in 2001 remained continued to send final-year high-school
unknown at the end of the year. students to Sawa Defence Training Centre
Former Finance Minister Berhane Abrehe and made no commitment to release them
remained in prison since his arrest in the

Amnesty International Report 2020/21 155


from national service after they had served
18 months.
Conscripts earned ERN800 (approximately
ESTONIA
US$53) a month which was not enough to Republic of Estonia
cover basic needs. The government used Head of state: Kersti Kaljulaid
them to work on infrastructure projects such Head of government: Jüri Ratas
as irrigation, roads and agriculture. Working
conditions could be degrading and The number of stateless individuals
inhumane, and in some cases amounted to remained high; ethnic minorities continued
torture. to face discrimination. Legislative
At the Mai Serwa Asmara Flowers developments to improve LGBTI rights
detention facility, which in reality is a forced slowed. A government minister attempted to
labour camp, Jehovah’s Witnesses and other limit funding to NGOs working on equality
detainees were forced to work on the nearby and gender issues.
flower farms.
BACKGROUND
FREEDOM OF MOVEMENT In March, the government invoked Article 15
The right to leave the country remained of the European Convention on Human
severely restricted and people were Rights, enabling partial restriction of several
prevented from travelling abroad without freedoms, including freedom of assembly, for
government permission. the two-month emergency period in
connection with the COVID-19 pandemic.
REFUGEES AND ASYLUM-SEEKERS In May, amendments to the Aliens Act
Thousands of Eritreans continued to flee the gave police and border guards the right to
country, primarily to avoid indefinite national annul the visa or visa-free period of all non-
service, and sought asylum in other Estonian nationals if they had lost
countries. According to UNHCR, the UN employment, including as a result of
refugee agency, 9,463 asylum-seekers from COVID-19.
Eritrea crossed the border into Ethiopia Five of the 15 ministerial posts in
during the first quarter of the year. After April, government continued to be held by the
there was a marked reduction in the number Conservative People’s Party of Estonia (EKRE)
of new arrivals in Ethiopia, due to COVID-19 who spoke out against immigration and
restrictions on the movement of people. LGBTI rights.
Eritrean refugees and asylum-seekers
continued to face serious human rights DISCRIMINATION
abuses as they made their way to Europe, In January, Parliament amended the
including in transit countries, particularly Citizenship Act, easing children’s access to
Libya, where many were subjected to citizenship in cases where at least one of
detention, abduction, sexual abuse, and their parents was effectively stateless and the
torture and other ill-treatment. other a citizen of another country.
Consequently, 1,500 minors were granted
citizenship. However, some 71,000 people,
1. Eritrea: Detainees in overcrowded and unsanitary conditions
defenceless against COVID-19 (Press release, 21 May) approximately 5.3% of the population,
remained stateless. The European
Commission noted that Estonia’s citizenship
policy “continued to be conservative”.
Non-Estonian speaking minorities, albeit
with residency rights, continued to face
discrimination in a range of areas, including
employment, housing, education and health

156 Amnesty International Report 2020/21


care. Studies found they experienced greater
financial hardship as a consequence of the FORCED EVICTIONS
COVID-19 lockdown than the Estonian- The lack of land policy or land act continued
speaking majority. to disadvantage people who faced forced
evictions. Hundreds of families in the Manzini
HUMAN RIGHTS DEFENDERS region were threatened with eviction when
In July, the Minister of Trade, a post held by landowners took steps to regain their
the EKRE, attempted to halt grants to three farmland. The Human Rights Commission
human rights organizations working on had intervened and was negotiating with the
gender and equality issues: the Estonian landowner in the case of over 100 people
Women's Associations Roundtable, the facing evictions in Sigombeni. If due process
Estonian Women's Studies and Resource requirements are not followed and adequate
Centre, and the Estonian Human Rights compensation is not provided, this could
Centre. result in a forced eviction. In July, an appeal
by the Council of Eswatini Churches to the
LESBIAN, GAY, BISEXUAL, Ministry of Resources and Energy
TRANSGENDER AND INTERSEX (LGBTI) successfully averted the eviction of 45
PEOPLE families, including 38 children, from their
Parliament failed to pass legislation to land in Mbondzela, Shiselweni.
implement the 2016 Registered Partnership Local authorities in the Mangwaneni
Act. A regulation to legitimize gender township of the capital, Mbabane,
recognition of transgender people was demolished one homestead in February and
removed from the new Public Health Act three in August, resulting in the forced
draft. LGBTI organizations continued to face eviction of 17 people in households headed
explicit threats from far-right groups. by older people. After a resident was injured
by a rubber bullet fired by police during
clashes in the August demolition, the Ministry
ESWATINI of Housing and Urban Development halted
the demolitions while the local traditional
Kingdom of Eswatini authorities worked to resolve the matter.
Head of state: Mswati III However, most of the affected residents were
Head of government: Ambrose Mandvulo Dlamini too poor to rebuild or repair their structures
and the municipality banned them from
Hundreds of families were threatened with doing so.
forced eviction. LGBTI people were
subjected to discrimination and RIGHTS OF LESBIAN, GAY, BISEXUAL,
harassment. A man was charged with TRANSGENDER AND INTERSEX (LGBTI)
marital rape for the first time. Repressive PEOPLE
legislation was used to silence peaceful LGBTI people were discriminated against,
dissent and journalists faced arbitrary harassed and stigmatized. Consensual same-
detention, torture and other ill-treatment, sex relations remained a criminal offence.
and prosecution. In July, the Eswatini Sexual and Gender
Minorities advocacy group challenged the
BACKGROUND Minister of Commerce and Industries’
In March, the Prime Minister declared a two- decision to reject its application for
month state of emergency to control the registration. The case was adjourned twice
spread of the COVID-19 pandemic. There before being heard in October at the High
were reports that security forces harassed Court in Mbabane, although a judgment was
people when they went out for food or to seek not issued by the year’s end.
medical attention.

Amnesty International Report 2020/21 157


The Eswatini Communications Commission
VIOLENCE AGAINST WOMEN AND GIRLS rejected applications for short-term
In January, Nhlanhla Dlamini became the community broadcasting licences from the
first person to be charged with marital rape Swaziland Community Multimedia Network
under the 2018 Sexual Offences and on behalf of Shiselweni Community Radio
Domestic Violence Act. In the same month, and Lubombo Community Radio. It had
his case went before the High Court which applied for licences to allow the radio stations
granted him bail. to broadcast information which would raise
Under COVID-19 measures, the work of public awareness about COVID-19. The
civil society groups was classified as non- applications were rejected in line with the
essential, thereby denying survivors of Broadcasting Guidelines, which stated that
violence access to vital support services. In two licences could not be issued to one
April, the government allowed such entity, and because there was reduced staff
organizations to continue their work following capacity to process applications during the
pressure from the Swaziland Action Group partial lockdown.
Against Abuse and other NGOs. The Computer Crime and Cybercrime Bill,
which was yet to be brought before
FREEDOMS OF EXPRESSION AND Parliament, contained provisions to impose
ASSOCIATION 10-year prison sentences and hefty fines on
In May, Goodwill Sibiya was released and all online news sites journalists deemed to have
charges against him dropped after he spent published “fake news”.
one year in prison for saying the King should
be charged with embezzlement and human
rights violations. He had also been charged
with terrorism and sedition in connection with
ETHIOPIA
his association with the People’s United Federal Democratic Republic of Ethiopia
Democratic Movement Party. Head of state: Sahle-Work Zewde
Head of government: Abiy Ahmed Ali
Journalists
The government used draconian legislation, Security forces used excessive, and
including the Suppression of Terrorism Act sometimes lethal, force and carried out
and the Sedition and Subversive Activities extrajudicial executions. Hundreds of
Act, to silence media. Journalists were people were killed and property destroyed in
subjected to arbitrary arrest, and torture and ethnically motivated violence by armed
other ill-treatment. groups and militias. Opposition members
In February, Zweli Martin Dlamini, editor of and journalists were subjected to arbitrary
the Swaziland News, was arrested at his arrests and detention.
home in Mbabane for publishing articles
which criticized the King. He said he was BACKGROUND
tortured in the Mbabane police headquarters, Recurrent unrest and violence led to
including by having a plastic bag put over his increased political polarization along ethnic
head. He was released without charge six lines, and largely prevented the realization of
hours later and fled to South Africa the political and human rights reforms initiated in
following day. In April, police raided his home 2018.
and arrested his wife, Nompendulo The conflict in the Tigray Region, which
Nokuthula Mkhonta. While in police custody began on 4 November, pitted the Ethiopian
in Mbabane, she was tortured under federal government against the Tigray
interrogation and released three hours later regional government. From the beginning of
without charge. the conflict, there were armed confrontations
between the federal army, supported by the

158 Amnesty International Report 2020/21


Amhara Region’s special (paramilitary) police they beat them again and forced them to do
units and local militias on one side, and the laps around the stadium on their knees.2
Tigray special (paramilitary) police units and
local militias on the other. ARBITRARY ARRESTS AND DETENTIONS
The authorities subjected opposition
EXTRAJUDICIAL EXECUTIONS politicians and journalists to prolonged pre-
Security forces responded to protests and trial detention without charge, many of them
civil unrest with excessive and, at times, for several months. Although courts
lethal force. Between 9 and 11 August, they increasingly asserted their independence in
killed at least 16 people, including two granting bail to some opposition politicians,
bystanders, during protests in Wolaita zone in police frequently defied these orders.
the Southern Nations, Nationalities and In January, police arrested at least 75 OLF
People’s Region (SNNPR). Demonstrators, supporters in Oromia Region. Most of them
who had taken to the streets to protest at the were held without charge and not brought
arrests of over 20 Wolaita zone administration before a judge for several months. They
officials, community leaders and activists in included Chaltu Takele, a prominent political
the area, were shot at and beaten by security activist, who was released in February but re-
forces.1 arrested in early July and accused of
organizing the violence which followed the
FREEDOMS OF EXPRESSION AND killing of Oromo musician Hachalu Hundessa
ASSEMBLY (see below, Unlawful killings). She was
In January, the government adopted a new released on bail in August on charges of
anti-terrorism law. Although it contained organizing violence.
some provisions which could better protect In February, security officers arrested five
the rights of those detained or prosecuted for senior OLF members and four supporters in
alleged terrorism offences, other provisions the capital, Addis Ababa. Eight of them were
restricted the right to freedom of expression. released within 24 hours.
The Hate Speech and Disinformation Two Oromia News Network journalists and
Proclamation, adopted by the Federal three OLF officials were arrested by police in
Parliament in March, criminalized people for March and charged in connection with
exercising their right to freedom of photographing the Burayu police station, and
expression. traffic offences. Although the Prosecutor later
Security forces used violence to repress dropped the charges on grounds that the
the right to freedom of assembly. allegations did not relate to criminal acts, the
On 15 February, Liyu police raided an police continued to detain them, claiming
inauguration event by the Oromo Liberation that their identity documents were irregular.
Front (OLF) opposition party at its office in Four of them were released in May without
Welenchiti town in Oromia region. They fired charge, but one of them, Batir Fille, remained
live ammunition and tear gas at participants, in detention in Yabelo without charge at the
killed one OLF supporter and beat others. end of the year.
They shot holes into the tyres of the Oromia
News Network crew’s van, later confiscating UNFAIR TRIALS
their equipment. In October, the government tabled the draft
Later that day, Liyu police violently Criminal Procedure and Evidence Code to
dispersed OLF supporters from a launch replace the 1962 Criminal Procedure Code. It
party at a hotel in Burayu town, killing one was intended to address long-standing fair
person and injuring scores more. They forced trial concerns, but contained some provisions
around 30 of them into a police van and which did not meet international fair trial
drove them to the Burayu stadium, where standards.

Amnesty International Report 2020/21 159


dead bodies with gaping wounds that
UNLAWFUL KILLINGS appeared to have been inflicted by weapons
Hundreds of people were killed in such as knives and machetes. Survivors of
widespread ethnic violence and attacks by the attack also reported that local youth and
armed groups. security officers loyal to the Tigray regional
Between 30 June and 1 July, 166 people government had carried out the attack.
were killed in violence which erupted in the
Oromia Region after the killing of Hachalu FORCED EVICTIONS
Hundessa, a popular Oromo musician, on 29 In mid-February, the Addis Ababa municipal
June. His killing sparked mass protests and authorities demolished dozens of homes,
violence in Addis Ababa and various areas of making at least 1,000 people homeless,
Oromia, Harar and Dire Dawa. Organized during the COVID-19 pandemic. The
youth targeted ethnic and religious minorities, inhabitants said they had built their homes
including Orthodox Christians, at least 40 of on land they bought in 2007, but the
whom were killed in various towns in the authorities insisted the families were
region and their properties set alight. In squatters who had not purchased the land
several Oromia cities, protesters clashed with from the Addis Ababa municipality. The
security forces, who used live ammunition to families were not given prior notice of, or
disperse them, resulting in over 100 deaths. consulted about, the evictions. Most of them
Federal Police officials said that at least 10 relied on the informal economy to make a
people, including two police officers, were living and had lost their livelihoods due to
also killed in grenade attacks and shootings COVID-19 measures which limited
in Addis Ababa on 30 June. Around 5,000 employment opportunities.
people, including opposition party leaders Following the demolitions, the residents
suspected of involvement in the unlawful tried to build temporary shelters from canvas
killings and destruction of property, were and tarpaulin, but on 14 April these were also
arrested. In September, the Attorney General pulled down by the authorities and the
Office brought terrorism charges against materials confiscated by the police. As a
opposition party leaders Jawar Mohammed, result, the families were forced to sleep in the
Bekele Gerba and Eskinder Nega. In October, open during periods of heavy rain.
four people suspected of being responsible
for Hachalu Hundessa’s killing were arrested RIGHT TO TRUTH, JUSTICE AND
and charged with terrorism and homicide. REPARATION
In September, armed groups which, The authorities provided no information as to
according to regional police, belonged to the what measures they had taken to locate and
Benishangul People’s Liberation Front, rescue 17 Amhara students abducted in
carried out a series of attacks on ethnic November 2019 from Dembi Dolo University
Amhara and Agew residents in Metekel zone in western Oromia by unidentified people.
in the Benishangul-Gumuz Region, killing at Their whereabouts remained unknown at the
least 45 people and displacing thousands. end of the year.5
Between 18 and 21 October, at least 31 The government took some steps towards
ethnic Amhara residents from the Guraferda ensuring accountability for atrocities and
district in the SNNPR were killed by armed grave human rights violations carried out
assailants, and around 1,500 of them were since 1991, including extrajudicial
displaced.3 executions, torture and other ill-treatment,
On 9 November, local militias and youth and mass and arbitrary arrests. These
stabbed and hacked to death scores, and measures offered little hope that victims
likely hundreds, of ethnic Amhara residents would see justice for crimes, including
in Mai-Kadra in the western part of the Tigray killings, torture and other ill-treatment, and
Region.4 Witnesses reported that they saw excessive use of force, carried out by security

160 Amnesty International Report 2020/21


forces, including the Ethiopian National
Defence Force, the Federal Police and FREEDOM OF EXPRESSION AND
regional police special force units. PEACEFUL ASSEMBLY
Fiji reported its first COVID-19 cases in late
March and suppressed the spread of the
1. Ethiopia: Stop the use of deadly force on protesters (Press release, 14
August) virus by relying on restrictions on free
2. Ethiopia: Vendor killed, musician injured after police attack
movement and public gatherings, enforced
opposition supporters in Oromia (Press release, 17 February) by arrests and hefty fines.2
3. Ethiopia: Authorities ban protests as “illegal and Authorities threatened to charge protesters
unnecessary” (Press release, 27 October) at the University of the South Pacific after the
4. Ethiopia: Investigation reveals evidence that scores of civilians were Vice Chancellor was suspended for exposing
killed in massacre in Tigray state (Press release, 12 November) corruption and misuse of funds.3 He was
5. Ethiopia: Parents fear for missing Amhara students as universities later reinstated by the regional university’s
close over COVID-19 (Press release, 25 March) executive council.
In June, trade union leader Felix Anthony
was charged and appeared in court under
FIJI the Public Order Act for statements made in
support of workers’ rights.
Republic of Fiji
Head of state: Jioji Konrote TORTURE AND OTHER ILL-TREATMENT
Head of government: Josaia Vorenqe ‘Frank’ In January, Fiji notified the UN of its decision
Bainimarama to withdraw the reservation made upon
ratification of the Convention Against Torture
The authorities continued to stifle criticism in respect to the definition of torture.
and restrict the right to freedom of Reservations remained in place in relation to
expression. New allegations of torture and recognizing the right to compensation and
other ill-treatment by the security forces the Committee Against Torture receiving
surfaced throughout the year. Some cases complaints. Widespread immunities
resulted in disciplinary actions and charges continued to exist under national laws.
against officers involved. Women and girls In June, four police officers were charged
continued to experience high rates of with causing grievous bodily harm for
gender-based violence. Fiji's response to the allegedly throwing a man off a bridge in
COVID-19 pandemic failed to protect or Tailevu in April, with a fifth officer charged for
offer targeted financial support to women interference with witnesses.
and those working in informal sectors, Four former prison officers claimed in May
increasing the risks of poverty and financial that the Prisons Commissioner directed or
hardship for already marginalized ordered the torture and other ill-treatment of
individuals.  prisoners, including beatings, sleep
deprivation and isolation. There was no
BACKGROUND investigation into these allegations by year’s
The adoption of Fiji’s UPR outcome in March end.
exposed gaps in human rights protection,
including the need to pass a comprehensive VIOLENCE AGAINST WOMEN AND GIRLS
anti-discrimination law, protect the right to Women and girls continue to experience high
freedom of expression, and take further rates of gender-based violence. The
action to address gender inequality.1 Fiji authorities failed to take such crimes
continued to be particularly vulnerable to seriously.
adverse impacts of climate change, including A former national team rugby player
rising sea-levels. convicted for rape and sentenced to eight
years in prison in October 2019 was granted

Amnesty International Report 2020/21 161


permission to participate in rugby training in unannounced on a man who refused to lie
July while serving his sentence. Women’s down in 2015. Also in February, a district
rights organizations condemned the lack of court convicted a police officer for the
accountability and transparency and called violation of official duties in 2018 when using
for an independent investigation. a Taser on an intoxicated woman. In
September, a police officer was convicted of
aggravated assault and breaching official
1. Fiji: Address gaps in human rights protection before next review (ASA
18/1993/2020) duties for using excessive force on a
2. Pacific countries must not use COVID-19 to regress on human rights
handcuffed man, who had to be resuscitated,
(ASA 05/2144/2020) in police detention in 2019.
3. Fiji: Stop harassing peaceful protesters at the University of the South
Pacific (ASA 18/2551/2020) LESBIAN, GAY, BISEXUAL,
TRANSGENDER AND INTERSEX (LGBTI)
PEOPLE
FINLAND In February, a working group published its
proposal to reform legislation to increase the
Republic of Finland protection of the rights of those seeking legal
Head of state: Sauli Niinistö gender recognition.
Head of government: Sanna Marin
VIOLENCE AGAINST WOMEN AND GIRLS
Refugee family reunification remained In February, June and December, new Sexual
difficult due to legislative and practical Assault Support Centres opened in Oulu, Pori
obstacles. Intimate partner violence against and Rovaniemi.
women increased during the COVID-19 In July, a working group published its
pandemic. Many social security benefits recommendations aimed at aligning rape
remained inadequate. legislation with international standards.
Between January and June, under
REFUGEES AND ASYLUM-SEEKERS COVID-19 restrictions, reports of intimate
In March, the Non-Discrimination partner violence against women and the
Ombudsman published a family reunification number of individuals seeking support
study on children who were granted increased significantly. 
international protection. In almost half of the In October, a government programme
66 cases, the justifications for denying combatting violence against women was
reunification were severely restrictive and the launched.
process, and outcomes, put children’s rights
at risk. Legislative and practical obstacles, RIGHT TO PRIVACY
including high income requirements, In June, the Intelligence Ombudsman
continued to impede family reunification. submitted its first annual report. It noted that
Finland continued to detain some public oversight of the use of surveillance
unaccompanied children, and families with was complicated due to the lack of detail in
children, based on their immigration status. the applications presented to the court as
Legal changes introduced in 2016 and 2019 well as in the surveillance decisions made by
continued to place asylum-seekers at risk of the authorities.
refoulement (return to a country where there
is real risk of persecution). CONSCIENTIOUS OBJECTORS
By the end of the year, 33 conscientious
EXCESSIVE USE OF FORCE objectors who had been acquitted by the
In February, the Supreme Court upheld the courts had refused non-military service for
conviction of a police officer for excessive use the second time. At least 19 of them were
of force. The officer had used a Taser subsequently convicted and given custodial

162 Amnesty International Report 2020/21


sentences of up to nearly six months which, response to tackling climate change was
in most cases, meant electronic monitoring. inadequate.
The length of the civilian alternative to
military service remained punitive and BACKGROUND
discriminatory, at more than double the To combat the pandemic, on 17 March, the
shortest period of military service. authorities introduced measures severely
restricting human rights, including the rights
RIGHT TO SOCIAL SECURITY to freedom of movement and to peaceful
Many social security benefits remained below assembly. Some were eased on 11 May, but
that required by the European Social Charter, on 29 October new lockdown measures were
despite minor improvements to some passed in view of the steep increase in
provision levels. In March and September, COVID-19 cases. On 15 December the
due to the COVID-19 pandemic, some further authorities imposed a national curfew
improvements to social security coverage and between 8pm and 6am.
benefit levels were made, but only on a
temporary basis. EXCESSIVE USE OF FORCE
Cases of excessive use of force were reported
INDIGENOUS SÁMI PEOPLE throughout the year. In January, Cédric
Finland still failed to ratify International Chouviat died after a police road stop when
Labour Organization (ILO) Convention 169, officers subjected him to a chokehold. After
which would improve the monitoring of the his death, the Minister of Interior announced
rights of the Indigenous Sámi people. a ban on chokeholds but reversed his
decision a few days later.
Enforcement of COVID-19 measures
FRANCE further revealed the recurrent unlawful use of
force by police, particularly in deprived urban
French Republic areas with a high proportion of ethnic
Head of state: Emmanuel Macron minority residents. Amnesty International
Head of government: Jean Castex (replaced Edouard verified at least 15 such incidents between
Philippe in July) March and April in 15 cities. In some cases,
police officers also made racist and
The government’s response to COVID-19 homophobic remarks.1
raised human rights concerns, including in In September, the Ministry of Interior made
relation to excessive use of force by police, public a new strategy for policing assemblies.
the right to peaceful assembly and the Rather than prioritizing dialogue and de-
rights of migrants and asylum-seekers. escalation practices, the strategy remained
Human rights defenders continued to face focused on the use of force, including the
harassment and prosecutions. Following the use of dangerous weapons and techniques.
murder of Samuel Paty, the government There remained no independent
introduced counter-terror measures that mechanism to investigate cases of unlawful
violated human rights. Thousands of people use of force. Very few law enforcement
continued to be prosecuted for the vague officials were prosecuted in relation to
offence of contempt of public officials. allegations of unlawful use of force during
Racist comments by law-enforcement protests in 2018 and 2019. In one such case
officials were reported. Arms sales to Saudi in June, a police officer was fined for firing a
Arabia and the United Arab Emirates rubber bullet in the face of a protester during
continued. There remained no measures to a demonstration in 2018.
monitor compliance with corporate In November, the National Assembly
accountability legislation. The government’s adopted a law that criminalizes the
circulation of images of law enforcement

Amnesty International Report 2020/21 163


officials that are deemed to threaten their to his pupils, the government adopted
“physical and psychological integrity”, counter-terror measures that raised human
thereby hampering accountability for rights concerns. In particular, the government
excessive use of force. The law was pending dissolved several organizations and expelled
before the Senate at the end of the year. at least 66 foreign nationals without duly
assessing the real risk of torture that they
HUMAN RIGHTS DEFENDERS would face in their countries of origin.4
In June, the authorities decided to prosecute
three police officers, one of whom had FREEDOM OF EXPRESSION
assaulted a British human rights defender, In June, the European Court of Human
Tom Ciotkowski, while he was documenting Rights ruled that the conviction of 11 activists
police abuse against refugees in Calais in for their involvement in a campaign calling for
2018.2 Courts also eventually acquitted three a boycott of Israeli products (the Boycott,
defenders − Pierre Alain Mannoni, Cédric Divestment, Sanctions (BDS) campaign)
Herrou and Martine Landry − who had been violated their right to freedom of expression.
prosecuted for helping and hosting asylum- Since 2010, the authorities have specifically
seekers.3 instructed prosecutors to use anti-
The government reiterated its intention to discrimination laws to silence peaceful BDS
make the protection of human rights campaigners.
defenders abroad one of its foreign policy Thousands of people continued to be
priorities, particularly ahead of the election of prosecuted and convicted for the vague
France to the UN Human Rights Council. criminal offence of contempt of public
However, no concrete measures were taken officials. In October, following the murder of
during the year and in France during Samuel Paty, the authorities launched dozens
lockdown, human rights defenders providing of investigations for the similarly vague
humanitarian aid to refugees and migrants offence of “apology for terrorism”.
continued to face harassment and
intimidation in Calais and Grande-Synthe. In FREEDOM OF ASSEMBLY
September, the Prefect of Pas-de-Calais, On 11 May, the government imposed a
prompted by the Interior Minister, issued an blanket ban on demonstrations to protect
order prohibiting the distribution of food and public health. On 13 June, the Council of
beverages to migrants and asylum-seekers in State overturned the ban. Nevertheless,
a large area of Calais. hundreds of protesters were fined for
participating in public assemblies between
STATE OVERREACH 11 May and the end of August.5 Protesters
In June, the government introduced a bill to also continued to be arrested and prosecuted
extend the administrative control measures on the basis of vaguely formulated criminal
set out in the law on internal security and offences such as contempt of public officials,
counter-terrorism, set to expire at the end of failure to comply with notification
the year. In December, Parliament approved requirements and participating in a group
the extension of the measures until 31 July with a view to preparing violent acts.
2021.
In October, Kamel Daoudi, a man who had RIGHTS OF REFUGEES, ASYLUM-
been subject to control measures since SEEKERS AND MIGRANTS
2008, was sentenced to one year’s The COVID-19 pandemic resulted in further
imprisonment because he had missed a barriers for people on the move in accessing
curfew. social and economic rights, particularly for
In October and November, following the those living in informal settlements in Paris
murder of Samuel Paty, a teacher who and northern France. The government
showed cartoons of the Prophet Mohammed

164 Amnesty International Report 2020/21


suspended the processing of all asylum social media. The then Minister of Interior
applications during lockdown. condemned such behaviour and called for
In the capital, Paris and northern France, zero-tolerance concerning racism inside the
migrants and refugees living in informal police.
settlements continued to be regularly forcibly
evicted, including during lockdown, without IRRESPONSIBLE ARMS TRANSFERS
alternative shelters and access to health care. The government continued to sell arms to
In Calais, law enforcement officials regularly Saudi Arabia and the United Arab Emirates
subjected migrants and refugees to despite the high likelihood that these arms
harassment and excessive use of force. would be used to commit human rights
Border police continued to push back violations in the conflict in Yemen. The
migrants and asylum-seekers to Italy; and government failed to provide detailed,
migrants continued to face administrative comprehensive and up-to-date information
detention, without consideration for the on arms transfers authorized by the Prime
protection of their health during the Minister. On 8 August, Lebanese security
pandemic. Unaccompanied minors forces used weapons acquired from France
continued to suffer barriers in accessing to police protests that left more than 230
welfare provisions and to be pushed back to people injured (see Lebanon entry).
Italy.
In July, the Council of State ruled that the CORPORATE ACCOUNTABILITY
returning of a woman and her child to Italy Many companies still failed to comply with
without registering and examining their the 2017 French duty of vigilance law
asylum applications violated her right to seek requiring companies to conduct human
and enjoy asylum. rights due diligence, with only 72 companies
France and the UK failed to put in place of nearly 200 publishing plans on how they
mechanisms for sharing the responsibility for intended to respect human rights in their
providing a place of safety for thousands of value chains. The authorities again failed to
people who tried to cross the English Channel propose measures to ensure a system to
in small boats. monitor compliance with this legislation.

DISCRIMINATION FAILURE TO PREVENT CLIMATE CHANGE


Sexual and reproductive rights The government failed to meet its obligation
At year’s end, the Senate was still debating to adequately tackle the climate emergency.
the bill on bioethics that the government had In April, the government’s revised national
introduced to Parliament in 2019. If passed, strategy raised the permitted level of
the law would provide access to medically greenhouse gas emissions compared to the
assisted procreation to all women, regardless previous year. In July, the High Council for
of their sexual orientation or marital status. the Climate, an independent authority,
considered that the government’s action to
Hate crimes tackle the climate emergency was
NGOs reported that Roma living in two inadequate. Moreover, the government
informal settlements near Paris suffered at granted financial aid to the most polluting
least five arson attacks in May. One informal sectors of the economy as part of a COVID-19
settlement was targeted four times with business recovery plan.
Molotov cocktails that burned down most of
the makeshift houses.
1. Europe: Policing the pandemic: Human rights violations in the
enforcement of COVID-19 measures in Europe (EUR 01/2511/2020)
Racism 2. France: Prosecution of police who assaulted Calais camp volunteer
Media reported racist comments and sends message against impunity (Press release, 11 June)
behaviours by law enforcement officials on

Amnesty International Report 2020/21 165


3. France: Acquittal of farmer who helped asylum-seekers shows that economically vulnerable groups, including
solidarity is not a crime (News story, 13 May)
the unemployed, less well-off families, people
4. France: Counter-terror measures following the murder of Samuel Paty with disabilities and pensioners. It also
raise human rights concerns (EUR 21/3281/2020)
covered water, gas and electricity bills for
5. France: Thousands of protesters wrongly punished under draconian
some domestic consumers. Despite these
laws in pre and post COVID-19 crackdown (News story, 28
September) measures the negative effects of the
pandemic remained vast, placing increasing
numbers of people at risk of poverty.
GEORGIA Following political battles and protests in
2019, in March a compromise was reached
on electoral system reform, which introduced
Georgia
a change to the mixed (proportional-
Head of state: Salome Zurabishvili
Head of government: Giorgi Gakharia majoritarian) system and a lower electoral
threshold for parties. Parliamentary elections
in October gave the ruling party – Georgian
Labour safety standards were not effectively Dream – a new majority required to form the
enforced causing high levels of injuries and government. The opposition political parties
fatalities at work and prompting did not recognize the election result and
strengthening of labour rights legislation. claimed election fraud, with the majority
Electoral rules were changed to ensure refusing to take up their parliamentary
greater representation of women in mandates.
Parliament. Authorities continued to use The breakaway regions of Abkhazia and
disproportionate and indiscriminate force South Ossetia/Tskhinvali Region remained
against largely peaceful protesters. under Russian occupation and overall
Concerns remained over politically control, with their de facto authorities
motivated prosecutions. Russia and the continuing to deny access to international
breakaway territories of Abkhazia and South monitors.
Ossetia/Tskhinvali Region continued to
restrict freedom of movement with the rest CORPORATE ACCOUNTABILITY
of Georgia. New torture allegations and a Against a backdrop of inadequate monitoring
related death sparked widespread protests and enforcement of health and safety
in South Ossetia/Tskhinvali Region. standards in the workplace, dozens of fatal
accidents were reported throughout the year,
BACKGROUND particularly among miners and construction
A state of emergency was declared in March workers.
in response to the COVID-19 pandemic, In October, despite persistent opposition
including partial lockdown measures and from some business groups, Parliament
restrictions among other things on passed amendments to the Labour Code
international and domestic travel. A which strengthened labour rights and
nationwide ban on public gatherings was in brought national legislation more in line with
force until late April. The restrictive measures international human rights law and
were lifted in June, although physical standards. The amendments strengthened
distancing rules remained in place. the institutional independence of the Labour
Thousands were affected by COVID-19 Department and extended its mandate to
restrictive measures which negatively inspect labour standards beyond
impacted the economy, leading to increased occupational safety. The amendments also
unemployment and the closure of many regulated work hours, overtime, night work,
businesses. The government’s COVID-19 mandatory weekly rest, internships and
anti-crisis plan, announced in April, breaks during shifts.
introduced measures to support the most

166 Amnesty International Report 2020/21


DISCRIMINATION FREEDOM OF MOVEMENT
Gender discrimination persisted. The World In November, the de facto authorities in
Economic Forum’s 2020 Global Gender Gap Abkhazia opened a crossing point with the
Index placed Georgia 74th out of 153 rest of Georgia for pensioners from Abkhazia
countries, noting women were close to parity who have Georgian citizenship and receive
with men on educational attainment and their pensions in Georgian-controlled territory.
health and survival, but there was a However, Russian forces and the de facto
significant gap in economic participation and authorities in Abkhazia and South Ossetia/
opportunity, and deep disparity in political Tskhinvali Region continued to install
empowerment. physical barriers and restrict movement
After years of campaigning by women’s across the division line with the rest of
rights groups, in July, Parliament introduced Georgia and detain and fine residents for
electoral gender quotas to increase women’s “illegal border crossings”.
representation in the legislative body. These In July, local resident Zaza Gakheldze was
require all political parties to ensure that at detained near an unmarked stretch of the
least a quarter of their parliamentarians division line with South Ossetia/Tskhinvali
elected under the proportional system are Region and accused of “illegally crossing the
women, which in the October parliamentary border” and allegedly firing on “border
elections led to the election of at least 30 guards”, which are crimes punishable by up
women out of a total of 150. to 20 years in prison. By the end of the year
he remained in Tskhinvali detention centre
FREEDOM OF ASSEMBLY pending trial.
On 8 November, police used water cannons
disproportionately and indiscriminately Right to health
against largely peaceful pro-opposition Crossing points shut in 2019 in the South
demonstrators after several individuals tried Ossetia/Tskhinvali region remained closed.
to enter the building of the Central Election Georgian authorities and independent
Commission. The demonstrators were sources inside South Ossetia/Tskhinvali
protesting against alleged fraud during the Region reported that at least 10 residents of
parliamentary elections. Akhalgori died after they were refused
permission for medical transfer to the rest of
UNFAIR TRIALS Georgia.
Local civil society organizations continued to
raise concerns over politically motivated TORTURE AND OTHER ILL-TREATMENT
prosecutions. Torture and other ill-treatment remained
In October, two cartographers who had widespread in the breakaway South Ossetia/
been working on delimiting the border Tskhinvali Region, with three cases including
between Georgia and Azerbaijan were one death reported in August. Inal Dzhabiev
detained and charged with violating the and Nikolai Tskhovrebov were allegedly
country's territorial integrity. Prosecutors severely beaten following detention on 23
claimed they used the wrong map and put August. Inal Dzhabiev died of his injuries
Georgia at risk of surrendering parts of its while Nikolai Tskhovrebov was paralyzed with
territory to Azerbaijan. Local civil society a spinal injury. Photos of their injuries
groups claimed the case was trumped-up circulated on social media, together with
and aimed to inflict political damage on the those of a third man, Gennady Kulaev,
present-day opposition which was in power detained on 24 August. The cases caused a
during the delimitation negotiations. major public outcry, resulting in the dismissal
of the entire de facto government and the
arrest of eight police officers. By the end of

Amnesty International Report 2020/21 167


the year the cases against the police officers called for a study on racial profiling by the
were pending trial. police. In July, the Federal Minister of the
Interior rejected the need for a study, arguing
that “discriminatory identity checks were
GERMANY illegal”.
Authorities at both federal and state level
Federal Republic of Germany failed to establish an independent complaints
Head of state: Frank-Walter Steinmeier mechanism to investigate discriminatory and
Head of government: Angela Merkel unlawful behaviour by police. At the end of
the year, police in six federal states were still
Revelations of right-wing extremist activities not required to wear individual identification
among police and security forces raised badges.
concerns about the protection of minorities’ In May, the Federal Ministry of the Interior
human rights. The authorities were urged by reported that the number of hate crimes
the European Commission against Racism committed in 2019 had risen by over 5% to
and Intolerance to investigate police racial 8,585; anti-Semitic hate crimes had risen by
profiling. The authorities failed to develop a 13%. The authorities at both federal and
comprehensive strategy against hate crimes. state level failed to develop a comprehensive
Calls to the nationwide “Violence against strategy against hate crimes which would
women” helpline rose sharply during the include obligatory anti-racism training for law
restrictions to prevent the spread of enforcement officers.
COVID-19. In a landmark court ruling it was Throughout the year, investigations were
stated that the Federal Intelligence ongoing into a series of more than 100
Service’s obligation to comply with the threatening letters, including death threats,
human rights enshrined in the Constitution sent between August 2018 and the end of
includes extraterritorial activity. Germany 2020 and addressed to mostly female
remained one of the few EU countries to politicians, lawyers and anti-racism activists.
accept asylum-seekers for relocation. They were mostly signed “National Socialist
Underground 2.0”, referring to the racist
BACKGROUND murders committed by the Nationalist Social
In February, a man in Hanau shot and killed Underground (NSU) between 2000 and
nine people of foreign descent in two shisha 2007. The addresses were obtained from
bars before killing his mother and himself at police databases, raising concern over data
home. Before the attack, the man published breaches and infiltration of the security
a racist and anti-Semitic manifesto online. forces. The Military Counterintelligence
The Federal Prosecutor General took up the Service also investigated more than 500
case and treated it as a terrorist attack. soldiers suspected of using banned National
Socialist symbols and of connections to “far-
DISCRIMINATION right” networks that have advocated violence,
In March, following the Hanau attack, the focusing on the Special Commando Forces.
government set up a Cabinet Committee
against Racism and Right-wing Extremism. In RIGHT TO TRUTH, JUSTICE AND
September, the Committee carried out expert REPARATION
hearings, attended by representatives of In April, the first trial addressing torture by
migrant organizations and academics. Syrian officials started before the Higher
Civil society organizations continued to Regional Court in Koblenz. Two members of
report discriminatory identity checks by the Syrian General Intelligence Directorate
police of members of ethnic and religious were charged with crimes against humanity,
minorities. In March, the European including 58 counts of murder and at least
Commission against Racism and Intolerance 4,000 cases of torture.

168 Amnesty International Report 2020/21


regardless of where the target was based.
LESBIAN, GAY, BISEXUAL, The provisions for untargeted surveillance in
TRANSGENDER AND INTERSEX (LGBTI) the Act on the Federal Intelligence Service
PEOPLE were found to be too vague. Germany's
In May, the Federal Parliament passed a law intelligence oversight regime was judged to
banning so-called “conversion therapies” that be inadequate. The Court noted the lack of
aim at changing or suppressing a person's safeguards for the protection of groups such
sexual orientation or gender identity. as journalists and lawyers. The law was due
Although the law was considered to enhance to be revised by the end of 2021.
the rights of LGBTI people, it was criticized
by NGOs and experts for falling short in some FREEDOM OF ASSEMBLY
areas, including limiting the ban to people In April, the Federal Constitutional Court
under the age of 18. Concerns were raised ruled that the COVID-19 regulation
that the law allows exemptions for parents prohibiting public gatherings of more than
who try to “cure” their children if they do not two people from different households could
“grossly violate their duty of care”. not be interpreted as a blanket ban on
In September, the federal government protests. Instead, local authorities had to
presented a draft law to protect infants and weigh the health restrictions against the right
children born with variations of sex to freedom of peaceful assembly.
characteristics from so-called “normalizing Demonstrations could be held if they met
treatments”. Although the draft addressed public health requirements, including
human rights violations of intersex people physical distancing.
concerning medical procedures, it failed to
address compensation for people who FREEDOM OF EXPRESSION
underwent unnecessary and irreversible In April and June, amendments to the
treatment. The draft also failed to introduce Network Enforcement Act were passed. The
further measures to end the pathologization law regulates the handling of certain content
of intersex bodies. punishable under the German criminal code
by large internet platforms. Although some
GENDER-BASED VIOLENCE revisions were largely welcomed as
According to preliminary figures by the improvements for the protection of users’
Federal Ministry of Family Affairs, Senior freedom of expression, some experts raised
Citizens, Women and Youth, requests to the concerns that users could be reported to the
nationwide helpline Violence against women Office of the Federal Criminal Police for
rose by 20% in April when restrictions to creating legitimate content which was
prevent the spread of COVID-19 were first wrongly assessed by the platform provider.
implemented and remained at that higher
level compared to the first quarter of the year. REFUGEES, ASYLUM-SEEKERS AND
MIGRANTS
RIGHT TO PRIVACY In December, Amnesty International and
In May, the Federal Constitutional Court held other civil society organizations criticized a
that monitoring by the Federal Intelligence decision taken by the Interior Ministers of the
Service of worldwide internet traffic was a federal states to allow individuals convicted of
violation of constitutional law. In a landmark crimes or considered so-called “potential
decision, the Court decided that state attackers” to be deported to Syria, despite
authorities, including the Intelligence Service, the risks to their right to physical integrity if
are bound by the rights enshrined in the returned to Syria.
Constitution, such as the privacy of By the end of the year, 1,293 refugees and
communications, regardless of whether the asylum-seekers from the Greek islands were
target is a German or a foreign national, and admitted to Germany. Under the EU

Amnesty International Report 2020/21 169


voluntary humanitarian admission scheme of bisexual, transgender and intersex people
the EU-Turkey statement, 1,178 Syrian continued to face discrimination. Health
refugees arrived, and 216 refugees were workers were particularly at risk from
resettled under the UNHCR resettlement COVID-19 infection.
programme.
BACKGROUND
CORPORATE ACCOUNTABILITY In December, the President was re-elected
The government launched a two-phased for a second term.
monitoring process in 2019 to examine the The year was marked by the authorities’
level of implementation by large German restriction of human rights and punitive
companies of human rights due diligence measures in their response to the COVID-19
policies and procedures. In August 2020 the pandemic. As a step to control the spread of
Ministry of Foreign Affairs published the COVID-19, the government introduced the
results of the second phase of the monitoring Imposition of Restrictions Bill, which became
process. The findings indicated that only law on 21 March and imposed measures
13-17% of companies conducted a sufficient notably restricting the rights to freedom of
level of human rights due diligence. In movement and peaceful assembly. Under an
Germany’s National Action Plan on Business Executive Instrument (known as EI 164),
and Human Rights adopted in 2016, the adopted in June, anyone not wearing a face
government announced that it would mask in public places faced a maximum fine
consider implementing legislative measures if of GHS60,000 (about US$10,000) and/or a
fewer than 50% of companies conducted prison sentence of between four and 10
sufficient due diligence. years.
Access to judicial remedies for victims of
human rights abuses by or involving German WOMEN’S RIGHTS
companies abroad remained difficult to Discrimination
obtain. The President’s promise to ensure that the
Affirmative Action Bill became law was not
IRRESPONSIBLE ARMS TRANSFERS realized. The Bill sought to increase women’s
An arms export moratorium on Saudi Arabia political participation.
was prolonged in March to the end of the
year. The moratorium did not cover any other Violence against women
countries involved in the Yemen conflict. The Akua Denteh, a 90-year-old woman, was
export of German parts and components for beaten to death in a mob attack on 23 July in
joint European arms projects destined to Kafaba, a town in the East Gonja District in
Saudi Arabia remained permitted. the Savannah Region, for alleged witchcraft.
Between July and August, the police arrested
several suspects alleged to have played a role
GHANA in the killing. In August, the Minister for
Gender, Children and Social Protection
Republic of Ghana pledged to assist women in “witch” camps
Head of state and government: Nana Addo Dankwa including by enrolling them onto Livelihood
Akufo-Addo Empowerment Against Poverty programmes.
The media reported that another woman, also
Over 1,000 prisoners were pardoned and accused of witchcraft, was attacked and
others had their death sentences commuted seriously injured on 29 August in the
to life imprisonment. Prisons remained Savannah Region.
severely overcrowded and conditions were
deplorable. Women suffered discrimination
and gender-based violence. Lesbian, gay,

170 Amnesty International Report 2020/21


Prison Administration statistics showed that
RIGHTS OF LESBIAN, GAY, BISEXUAL, inmates were held in 44 prisons with a
TRANSGENDER AND INTERSEX (LGBTI) combined capacity of only 9,945. They were
PEOPLE given insufficient, poor quality food and
LGBTI people continued to face standards of medical care and hygiene were
discrimination. Consensual same-sex sexual grossly inadequate.
relations between men remained
criminalized. Religious and political leaders, FORCED EVICTIONS
and the media used hate speech against In April, during the lockdown period when
LGBTI people. This contributed to a climate the COVID-19 pandemic was at its peak, the
of fear, hostility and intolerance towards the Accra Metropolitan Assembly supervised
LGBTI community. home demolitions in Old Fadama, a slum in
Accra. An estimated 1,000 residents were
RIGHT TO HEALTH made homeless and therefore also more
Health workers vulnerable to contracting COVID-19 as the
The limited availability of PPE to health government made no arrangements to
workers and inadequate health care facilities provide alternative housing.
due to insufficient investment in the health
sector hindered efforts to combat the ENVIRONMENTAL DEGRADATION
COVID-19 pandemic. In April, the Greater In January, environmental NGOs and activists
Accra Regional Hospital in the capital, which filed a notice of civil action against the
was designated as the main care facility for government for violating the constitutional
treating COVID-19 patients, had only four right to life and dignity - which they argued
dedicated beds. In August, the privately includes the right to a safe and healthy
funded Infectious Disease Isolation and environment - as a result of a proposed
Treatment Centre, which had 100 beds, was mining project in the Atewa Range Forest in
established at the Ga East Hospital in Accra. the Eastern Region. This followed the
According to the Director General of the government’s signing a Memorandum of
Ghana Health Service, as of July, about Understanding with China which would allow
2,065 health workers had been infected with the latter access to bauxite in exchange for
coronavirus and six had died due to their financing infrastructure projects such as
COVID-19 related complications. roads and bridges. According to the
complainants, the mining project would have
Prison conditions a negative impact on water supply,
The President pardoned hundreds of biodiversity and climate change adaptation.
prisoners in March and June in a bid to In November, the International Union for the
mitigate the dangers to health caused by Conservation of Nature passed a resolution
overcrowding, particularly in light of the risks urging the government to stop all mining
posed by the COVID-19 pandemic. Those related activities and other destructive
who benefited were 1,555 first-time offenders activities in the Atewa forest and to establish
who had already served half their sentences, the forest as a national park to ensure its
as well as 15 seriously ill prisoners and 19 preservation.
elderly prisoners. Nine death row prisoners
had their sentences commuted to life
imprisonment, while four prisoners had their
life sentences commuted to 20-year terms.
Nevertheless, prisons remained chronically
overcrowded and conditions were poor.
According to the World Prison Brief database,
there were 13,333 inmates as of November.

Amnesty International Report 2020/21 171


reported. Those targeted included people
GREECE protesting in solidarity with refugees, those
who gathered in public squares as the
Hellenic Republic authorities started easing COVID-19
Head of state: Katerina Sakellaropoulou (replaced restrictions, and refugees and migrants.
Prokopis Pavlopoulos in March) In May, a court in the capital, Athens,
Head of government: Kyriakos Mitsotakis awarded compensation to journalist Manolis
Kypreos after it found the Greek state
Austerity measures adopted over the past responsible for his serious injury by a police
decade continued to erode the accessibility officer who threw a stun grenade at him in
and affordability of health care. Allegations 2011. Concerns were raised following the
of torture and other ill-treatment and authorities’ decision to appeal against the
excessive use of force by police persisted. ruling in October and the impact this would
More pushbacks of refugees and migrants have on Manolis Kypreos’ right to an effective
at land and sea were reported. In a historic remedy.
ruling in October, an Athens court found the In October, a Mixed Jury Court in Athens
extreme far-right Golden Dawn party guilty started hearing the case against two civilians
of running a criminal organization. Moria and four police officers indicted for the death
refugee camp on the island of Lesvos was of LGBTI activist Zak Kostopoulos in Athens
destroyed by fires. in September 2018.

BACKGROUND RIGHTS OF REFUGEES, ASYLUM-


In October, the International Monetary Fund SEEKERS AND MIGRANTS
highlighted that the COVID-19 pandemic had Land and sea arrivals declined sharply during
interrupted Greece’s modest economic the year, with 15,669 arrivals recorded as of
recovery, with the GDP contracting by 7.9% 31 December, compared to 74,613 in 2019.
in the first six months of the year. While the government claimed the
reduced arrivals as the result of their policies,
RIGHT TO HEALTH population numbers were also impacted by
Research published in April found that COVID-19 and the tougher approach to
austerity measures adopted in the previous border control, in numerous instances
10 years had continued to erode the accompanied by reports of pushbacks and
accessibility and affordability of health care in violence.
Greece.1 As a result, many people found it In May, amendments to the asylum and
harder to afford health care and to access the migration laws further reduced procedural
public health system. The retrogressive and substantive safeguards for individuals.
impact of these measures, which The changes expanded the use of detention
disproportionately impacted the poorest and in asylum and return procedures and
most marginalized, combined with how they provided for the creation of new facilities,
were implemented, violated the right to the with a controlled entry/exit system intended
enjoyment of the highest attainable standard to replace open camps.
of health. Many of the challenges faced by Despite the formal implementation in April
health workers, including difficulties due to of a new system to ensure asylum-seekers’
low numbers of staff, were exacerbated by access to public health care, individuals
COVID-19. continued to face difficulties.

TORTURE AND OTHER ILL-TREATMENT Pushbacks


Incidents of ill-treatment and excessive and Following Turkey’s announcement on 27
otherwise unlawful use of force by law February that it would no longer prevent
enforcement officials continued to be asylum-seekers and migrants from crossing

172 Amnesty International Report 2020/21


into the EU, tens of thousands of people tried minors were relocated to European countries
to cross Greece’s land borders in the Evros from Greece, including 406 who were
region. Greece reacted by sending in border removed from Lesvos. Other Moria residents
forces that used tear gas, water cannons and were moved to a new temporary tent camp,
plastic bullets against those attempting to where they faced conditions that were
cross. Testimonies described a series of criticized by UNHCR, the UN refugee
abuses by Greek border forces, including agency, and NGOs. The EU Commission
excessive use of force, beatings, use of live formed a taskforce to manage the situation in
ammunition, unlawful detention and Lesvos in co-operation with the Greek
systematic pushbacks into Turkey, leading to authorities.
the deaths of at least two men and the
disappearance of one woman. These COVID-19 response in asylum facilities
practices were consistently denied by Greek Responding to COVID-19, Greece restricted
authorities. the movements of asylum-seekers inside and
Among the measures taken to address the outside camps. In many facilities, these
situation at its borders, on 2 March, Greece measures were repeatedly and
suspended asylum applications for one discriminatorily renewed throughout the year.
month and most refugees and migrants The overcrowded camps in Lesvos and
arriving by sea were held arbitrarily. 2 Samos, among other locations, registered
In the same month, the EU Commission COVID-19 outbreaks and individuals were
praised Greece as Europe’s “shield” and placed under quarantines. The inadequate
mobilized additional funds to support its living conditions prevented the
migration system; additional assets were implementation of quarantines with full
deployed by the EU Border and Coast Guard respect of people’s basic rights.
(FRONTEX).
Numerous incidents of pushbacks and Situation on mainland
dangerous practices at sea against refugees Transfers of asylum-seekers and recognized
and migrants, allegedly by Greek security refugees to the mainland increased, reaching
forces, were also reported by NGOs and other 13,500 as of 30 November.
actors. From June, thousands of people who
Following allegations, internal inquiries obtained international protection status were
were launched into FRONTEX’s involvement required to leave reception facilities around
in pushbacks in the Aegean Sea. Greece, following a legislative amendment
which reduced accommodation support.
Situation on the Aegean islands Media and NGOs documented that many
Despite reduced arrivals, overcrowding levels faced difficulties in accessing basic services
in the five EU-sponsored hotspots on the on the mainland and were sleeping rough in
Aegean islands reached a peak around Athens.
March. At that time, Moria refugee camp on
Lesvos, with capacity for 3,000 people, Criminalization of solidarity
hosted almost 20,000. Camp residents In April and September, new rules severely
continued to suffer unsanitary conditions, limited NGOs’ ability to work on migration
inadequate medical care, insecurity and and asylum issues. While the criminal
violence, including gender-based violence. proceedings against rescuers Sarah Mardini
Between 8 and 10 September, consecutive and Séan Binder remained pending, in
fires destroyed Moria camp, leaving its October, criminal charges were announced
12,000 or more residents to sleep rough for against 33 NGO members and the
days on a road cordoned by police, without independent refugee shelter PIKPA was
adequate access to shelter, sanitation and closed and its residents moved to a different
food. By 17 December, 553 unaccompanied facility on Lesvos.

Amnesty International Report 2020/21 173


DISCRIMINATION RIGHT TO EDUCATION
In a landmark verdict in October, an Athens Prison inmate and university student Vasilis
court found the political leadership of far-right Dimakis went on hunger and thirst strike in
party Golden Dawn guilty of running a April and May, protesting that his transfer to
criminal organization. Golden Dawn members Grevena prison and then to an isolation cell
committed a series of violent crimes, in the female ward of Korydallos prison
including attacks against refugees, migrants, prevented him from continuing his university
trade unionists and human rights defenders. education. Vasilis Dimakis ended his strike at
Forty-three party members, including 11 the end of May. Following pressure from civil
former Members of Parliament, were society, he was returned to his original cell in
convicted for participating in a criminal Korydallos prison, where he was able to
organization. Golden Dawn member Giorgos continue his studies.
Roupakias was convicted of the murder of
anti-fascist singer Pavlos Fyssas in 2013, and CRUEL, INHUMAN OR DEGRADING
15 other defendants were convicted as PUNISHMENT
accessories. The court convicted five people In a report published on 9 April, the
of the attempted murder of an Egyptian European Committee for the Prevention of
fisherman and four defendants for the attack Torture highlighted systemic failures in
against trade unionists from the Greek Greece’s prisons. On the same day, a female
Communist Party prisoner died in Eleonas prison; fellow
inmates reported that she had not received
FREEDOM OF ASSEMBLY adequate medical attention. Prisoners around
In July, NGOs, trade unions and political the country told the Initiative for Detainees’
parties expressed serious concerns over a Rights that they were not provided with
controversial bill regulating public personal protective equipment against
assemblies. The bill became law on 11 July COVID-19.
and included a provision establishing liability
for the organizers of an assembly.3
1. Greece: COVID-19 crisis exposes urgent need to bolster austerity-
ravaged health system (News story 27 April)
CONSCIENTIOUS OBJECTORS 2. Europe: Caught in a political game: asylum-seekers and migrants on
Serious violations of the rights of the Greece/Turkey border pay the price for Europe’s failures (EUR
conscientious objectors continued, including 01/2077/2020)
repeated prosecutions, fines and trials in 3. Greece: Blanket ban on public assemblies must be urgently revoked
military courts. In October, a 45-year-old (EUR 25/3346/2020)

conscientious objector whose application for


conscientious objector’s status had been
rejected in 2004 by the Minister of National
Defence, was acquitted on procedural
GUATEMALA
grounds by a military court. Republic of Guatemala
Procedures for the examination of Head of state and government: Alejandro Giammattei
applications on conscientious objectors' Falla (replaced Jimmy Morales Cabrera in January)
status were suspended for nearly 15 months
before a reformed Committee, tasked to Thousands of people were detained for
examine such applications, started operating breaching the curfew ordered in March by
in July. An appeal against a 2019 increase to the government to contain the spread of
the length of alternative service before the COVID-19. Health workers faced difficult
Supreme Administrative Court was pending working conditions during the pandemic,
at the end of the year. often lacking personal protective equipment
and in some cases work contracts or wages.

174 Amnesty International Report 2020/21


Attacks on human rights defenders led to fears of a worsening of the food and
increased and Congress passed a law that sanitary crises.
threatens the right to defend human rights.
MIGRANTS’ RIGHTS
FREEDOM OF MOVEMENT As of November, more than 41,000
In response to the COVID-19 pandemic, on 4 Guatemalans who had fled violence, poverty
March the government declared a “state of and inequality were returned to Guatemala
calamity”, followed on 16 March by border from Mexico and the USA. The first
closures and a mandatory curfew. According temporary shelters set up to receive
to the authorities, more than 40,000 people returnees and test them for COVID-19 did not
were detained for curfew violations during the always meet the minimum requirements for
first six months this was in force. The media housing people.
reported that people with no choice but to
keep working in the informal economy were HUMAN RIGHTS DEFENDERS
detained. A possible extrajudicial execution at According to the Unit for the Protection of
the hands of the police in the capital, Human Rights Defenders in Guatemala
Guatemala City, was also reported during (UDEFEGUA), a local human rights
curfew on 17 June. organization, attacks against human rights
defenders increased in 2020 compared to
RIGHT TO HEALTH – HEALTH WORKERS previous years, with a total of 1,004 attacks
Health workers worked under precarious recorded as of 15 December. Those who
conditions during the pandemic, and defend land, territory and the environment
repeatedly reported the lack of personal were particularly at risk.
protective equipment in hospitals. In early This group, women defending sexual and
May, a group of doctors from the temporary reproductive rights and those fighting
hospital set up in Guatemala City's Parque de impunity and corruption were also the targets
la Industria to care for patients with of unfounded criminal complaints and
COVID-19 reported that they had been proceedings, as part of the misuse of the
working without a contract or pay since the criminal justice system to harass and punish
beginning of the pandemic. them for their activities. The Ombudsperson
faced several criminal complaints and
RIGHT TO FOOD AND WATER requests for his removal in reprisal for his
The lockdown measures exacerbated the activities.
precarious economic situation of many In September, an appeals court increased
households in Guatemala, which already had the prison sentence against prisoner of
one of the highest rates of chronic child conscience Bernardo Caal Xol, who had been
malnutrition in the region. White flags were deprived of his liberty since January 2018 for
placed in windows of people’s homes as a defending the rights of Indigenous Peoples
sign that they had no food and people stood affected by the construction of the OXEC
in long lines to receive food from solidarity hydroelectric dam project.
initiatives such as the Community Pot in In general, the vast majority of attacks on
Guatemala City. The Ombudsperson and the human rights defenders remained
media reported that several neighbourhoods unpunished. By the end of the year,
and communities did not have access to Guatemala had yet to adopt the public policy
water, preventing people from adopting for the protection of human rights defenders
adequate hygiene practices during the ordered by the Inter-American Court of
COVID-19 pandemic. The devastating impact Human Rights in 2014.
of hurricanes Iota and Eta, which affected Despite multiple concerns expressed by
more than two million people in November, UN human rights bodies and international
and local organizations, in February Congress

Amnesty International Report 2020/21 175


amended the law on NGOs. Decree 4-2020 suspected of responsibility had been
added conditions for the functioning of NGOs convicted by the end of the year.
and could lead to their arbitrary closure.
However, implementation was halted due to
an appeal pending before the Constitutional
Court.
GUINEA
Republic of Guinea
EXCESSIVE USE OF FORCE Head of state: Alpha Condé
On 21 November, the National Civil Police Head of government: Ibrahima Kassory Fofana
used excessive force to repress protests in
Guatemala City. They made unnecessary and Human rights violations were carried out in
indiscriminate use of tear gas and water the context of controversial constitutional
canon against protesters and passers-by and change and disputed presidential election
violently arrested dozens of people, including results. Dozens of people were killed by
journalists. members of defence and security forces
during demonstrations, while alleged
IMPUNITY perpetrators enjoyed impunity. Members of
The future of the fight against impunity in opposition political parties and pro-
cases of corruption and human rights democracy activists were arbitrarily arrested
violations remained at risk. On several and detained. The rights to freedom of
occasions, prosecutors, judges and expression and peaceful assembly were
magistrates who had worked on emblematic restricted. Prisoners’ rights to health were
cases of the fight against impunity were undermined by chronic overcrowding and
targeted with criminal complaints and intense poor detention conditions.
media smear campaigns also aimed at
discrediting them.  BACKGROUND
This fight against impunity was also at the From March, a state of emergency was
heart of struggles to select new magistrates imposed in response to the COVID-19
for the Supreme Court of Justice and the pandemic, and measures introduced
Courts of Appeals. The process, which had restricting movement and the right to
been pending since 2019, was again delayed assembly, among other things.
because of a new corruption scandal and In March, the National Front for the
delays in the vote by Congress.  Defence of the Constitution (FNDC), a
coalition of political parties and civil society
VIOLENCE AGAINST WOMEN AND GIRLS organizations, organized mass protests
Despite high levels of gender-based violence against a constitutional reform project that
against women and girls, organizations would allow the President to run for a third
denounced the lack of funding to temporary term, and called for a boycott of the
shelters known as Comprehensive Support legislative elections and constitutional
Centres for Women Survivors of Violence referendum, both of which were held on 22
(CAIMUS) and mobilized against the March. In April, the Constitutional Court
government's intention to close the announced that almost 90% had voted for
Presidential Secretariat for Women the constitutional reform.
(SEPREM) and replace it with a lower-ranking On 24 October, the Independent National
commission. Electoral Commission announced that Alpha
The investigation into the death of 41 girls Condé had won the presidential elections,
during a fire at the state-run shelter Virgin of despite one contender, Cellou Dalein Diallo,
the Assumption Safe House in March 2017 having already claimed victory.
remained pending. None of those accused or

176 Amnesty International Report 2020/21


denounce the use, by members of the
UNLAWFUL KILLINGS security forces, of arbitrary arrests. Charges
The defence and security forces used against the two men included “contempt of
excessive force against demonstrators. officers, assault with violence and threat to
Dozens of people were shot dead and many public order and the safety, integrity and
others suffered bullet wounds or were injured dignity of individuals, through the use of
when hit by tear gas canisters. electronic communication.” On 15 July, the
Between 21 and 22 March, at least 12 Conakry Court of Appeal dismissed the case
people were killed during protests organized against them on grounds of legal and
by the FNDC. procedural flaws.
On 12 May, seven people were killed Another FNDC leader and TLP/Guinea
during demonstrations, some of them violent, member, Oumar Sylla, was arrested on 17
in the towns of Manéah, Coyah and Dubréka, April in Conakry by Research and
in the Kindia region, and in the city of Intervention Brigade agents. The arrest
Kamsar in the Boké region. They were followed his participation in a radio show in
demonstrating against the security forces’ which FNDC members called for
management of COVID-19 movement demonstrations against constitutional reform.
restrictions. He had also denounced the killings, torture,
In the days following the October arbitrary detention and harassment of FNDC
presidential election at least 16 people were members in the city of Nzérékoré. He was
killed by security forces while protesting at charged with the “communication and
the results. Defence and security forces also dissemination of false information”, “violence
committed acts of violence against residents and making death threats”. He was released
of neighbourhoods perceived as favouring the on 27 August, after a judge dismissed all
opposition in Conakry, the capital, killing at charges against him. However, on 29
least one resident of Wanindara, on 1 September, he was arbitrarily detained again
December, without reason. after plain-clothes police officers arrested him
According to the authorities, two at a banned demonstration in Matoto, a
policemen were killed in Conakry on 21 municipality in Conakry. He remained in
October and 30 November respectively, while Conakry Central Prison on charges of
three gendarmes and a soldier were killed in “participation in a mob that may disturb
an attack on a train belonging to the mining public order”.
company Rusal on 23 October, also in On 7 May, Saïkou Yaya Diallo, an FNDC
Conakry. legal officer, was arrested in Conakry, after he
participated in a press conference during
ARBITRARY ARRESTS AND DETENTIONS which he and others isolated in an office
Between January and September, dozens of someone they believed to be working for the
representatives of civil society organizations intelligence services allegedly to protect her
and political activists were arbitrarily arrested from other participants. He was charged with
for having opposed the referendum, called “assault, violence, threats and public insults”
for demonstrations and/or denounced human and detained in Conakry Central Prison
rights violations in the country. despite two court rulings for his release under
On 6 March, police arrested Ibrahima judicial supervision. He was convicted on
Diallo, an FNDC leader and co-ordinator of November 16 and released on 11 December
the Tournons la Page/Guinea (TLP/Guinea) after he completed his sentence.
pro-democracy movement and Sékou On 10 November, the Dixinn District
Koundouno, co-ordinator of Le Balai Citoyen, Prosecutor announced that 78 people,
a citizens’ movement which promotes including political opposition figures, were
democracy, in Conakry. Earlier that day, they brought before a judge in the context of post-
had held a press conference, notably to election demonstrations and violence and

Amnesty International Report 2020/21 177


charged with, among other things, The Justice Minister’s 2019 pledge that,
“possession and manufacturing of small following the completion of a judicial
arms, criminal conspiracy, and statements investigation in 2017, the trial of alleged
inciting violence”. perpetrators in the September 2009
massacre in the Conakry Stadium would start
TORTURE AND OTHER ILL TREATMENT by June 2020, remained unrealized. Defence
Ibrahima Sow, aged 62, was arrested on 24 and security forces had killed 157 peaceful
October after the attack on a Rusal train (see demonstrators in the stadium and raped at
above, Unlawful killings). According to the least 100 women.
authorities, while under arrest, he tested
positive for COVID-19 from which he RIGHT TO HEALTH
recovered but after “complaining of diabetes” Prison conditions
he was taken to hospital where he died. The health of prisoners was particularly at
Photographs of his injuries sustained during risk during the COVID-19 pandemic due to
his detention strongly suggested that he had chronic overcrowding, and inadequate
suffered burns from a hot iron rod or similar sanitation and medical care in detention
object. facilities.
The authorities reported that in May, out of
FREEDOMS OF ASSEMBLY AND 713 prisoners tested at Conakry Central
EXPRESSION Prison, 68 had positive results for COVID-19.
National and local authorities undermined The Ministry of Justice said they were treated
the right to freedom of assembly, banning – in health facilities deployed in the prison. In
without giving legitimate reasons – at least Kindia Prison there were 30 positive test
seven demonstrations against the results among the total population of 352
constitutional referendum and the President’s inmates and 25 prison guards, and the
candidacy for a third term of office. Protests Ministry of Justice reported that the 28
planned for January in the cities of inmates who tested positive were sent to
Kissidougou and Nzérékoré were banned to Conakry Central Prison to receive treatment.
“keep the peace”; in March, demonstrations Conakry Central Prison was the most
in Matoto and Matam were prevented overcrowded facility in the country, holding
because of a forthcoming ECOWAS visit and 1,500 detainees, but with a capacity for only
preparations for International Women’s Day. 300.
Demonstrations in Matoto during the electoral
campaign between September and October
were also outlawed.
The right to freedom of expression was
HONDURAS
also restricted. According to the NGO Access Republic of Honduras
Now, social media transmission was Head of state and government: Juan Orlando
disrupted for a total of 36 hours between 21 Hernández
and 23 March. On 18 October, the High
Authority for Communication suspended the During the COVID-19 pandemic, the
news site Guineematin.com for one month security forces used excessive force to
after it broadcast live from polling stations implement lockdowns and to police
during ballot counts. protests. Health workers highlighted the
health risks posed by the lack of personal
IMPUNITY protection equipment (PPE) in hospitals.
Despite pledges from the authorities that the Honduras remained one of the most lethal
killing of any protester would be investigated, countries for human rights defenders.
there was no official information by the end of
the year about developments.

178 Amnesty International Report 2020/21


access to land, continued to face high levels
BACKGROUND of violence. Most of these attacks remained
Levels of violence and impunity remained unpunished.
high, as well as poverty and inequality. In By the end of the year, the trial of a
November, devastating landslides and floods businessman detained in 2018 and accused
caused by hurricanes Eta and Lota resulted of being behind the killing of Indigenous
in at least 94 deaths and affected almost 4 leader Berta Cáceres had not started. The
million people, raising serious concerns National Council of Popular and Indigenous
about the rights to food, water and livelihood Organizations of Honduras (COPINH)
of already marginalized groups. repeatedly highlighted delays and
irregularities in proceedings. There was no
EXCESSIVE USE OF FORCE progress in the investigation into others
The police and the military used excessive believed to be responsible for planning and
force to implement national and local curfews ordering her killing.
and lockdowns introduced in response to the Five men from the Garifuna Triunfo de la
pandemic and to suppress protests sparked Cruz community, including four Black
by the lack of state food aid and Fraternal Organization of Honduras
unemployment. Civil society organizations (OFRANEH) activists, were allegedly forcibly
documented injuries and arbitrary detentions disappeared on 18 July by unidentified
(including of journalists covering protests), individuals wearing police-type clothing. The
and at least one possible extrajudicial men’s fate and whereabouts remained
execution. unknown at the end of the year.
Human rights defenders also continued to
RIGHT TO HEALTH face unfounded judicial proceedings to
Health workers intimidate and harass them and to hinder
The pandemic worsened the already their human rights work. Among those
precarious working conditions of health targeted were members of the Municipal
workers, amid allegations of corruption and Committee for the Defence of Common and
complaints about the inadequate Public Assets (CMDBCP).
management of emergency funds for the In June, a new Penal Code entered into
purchase of medicines and materials. Health force that contains provisions that are
workers repeatedly highlighted the lack of sometimes ambiguous or contrary to the
PPE. principle of legality and could be arbitrarily
In several hospitals, health workers were interpreted to restrict the exercise of freedom
asked to sign confidentiality agreements of assembly and association and to reinforce
prohibiting them from speaking publicly the criminalization of human rights
about their concerns. defenders.

RIGHTS OF MIGRANTS AND REFUGEES GENDER-BASED VIOLENCE


In January and October, thousands of Women and girls faced high levels of gender-
Hondurans joined the so-called caravans to based violence. The National University of
leave the country and flee violence and Honduras’ observatory on violence reported
poverty. The vast majority were returned or 224 femicides between January and
deported to Honduras from Mexico, the USA December. According to the NGO Women's
and Guatemala, often without their rights Peace Movement "Visitación Padilla", more
being guaranteed. than 65,000 calls about domestic and intra-
family violence were registered through the
HUMAN RIGHTS DEFENDERS National Emergency System 911 between
Human rights defenders, particularly those January and October.
defending the territory, environment and

Amnesty International Report 2020/21 179


The organization Cattrachas reported at
least 19 violent deaths of LGBTI people, as DISCRIMINATION
well as high levels of impunity for such Lesbian, gay, bisexual, transgender and intersex
crimes. (LGBTI) people
In May, Parliament prohibited the legal
gender recognition of transgender and
HUNGARY intersex people, requiring the registration of
sex by birth based on biological markers and
Hungary chromosomes, which cannot be changed at a
Head of state: János Áder later stage. This means transgender people
Head of government: Viktor Orbán can no longer change their sex on official
documents and certificates to reflect their
Women and transgender people were gender identity.2
discriminated against in law and in In July, the European Court of Human
practice. Asylum-seekers were refused safe Rights ruled that Hungary had violated the
entry at borders and were expelled. Changes right to respect for private and family life of a
to laws to contain COVID-19 restricted transgender man from Iran. He had been
freedom of expression and peaceful recognized as a refugee in Hungary based on
assembly. The government continued to persecution for his gender identity, yet the
undermine judicial independence and authorities refused to legally recognize his
public confidence in the judiciary. gender and name.
In December, Parliament passed a law
BACKGROUND denying LGBTI people adoption rights, along
In March, Parliament adopted the Bill on with discriminatory amendments to the
Protection against the COVID-19 pandemic. It Constitution specifying that “mother is a
extended the government’s power to rule by female and father is a male”, and that
decree by absolving it from parliamentary Hungary “protects self-identity of the
scrutiny, without providing a clear cut-off children’s sex by birth”.3
date. While the bill was replaced in mid-June,
the government continued to uphold a set of Women
transitional powers allowing the restrictions of In May, the Curia (the highest court in
human rights, such as the right to freedom of Hungary) confirmed that the maternity ward
peaceful assembly, and curtailing access to in a hospital in the city of Miskolc had
asylum. discriminated against pregnant Roma women
In September, the European Commission from disadvantaged and low-income
published its first rule of law report, noting backgrounds whose birth companions were
serious concerns regarding Hungary. required to purchase and wear a “maternity
Judicial independence remained at risk of garment” for hygiene reasons. This often
attacks from senior members of the resulted in Roma women being forced to give
government who contested final judgments in birth without the support of their
official government communication and in companions. The court ordered the
the media, delaying their execution. A termination of the practice.
gradual erosion of the internal organizational Gender-based discrimination in the
independence of the judiciary was not workplace and labour market particularly
addressed, continuing to cause fear of affected pregnant women and women with
retaliation by the executive among judges.1 young children wanting to return to work.4
The authorities failed to ensure access to
effective remedies for unlawful termination of
employment.

180 Amnesty International Report 2020/21


VIOLENCE AGAINST WOMEN AND GIRLS FREEDOMS OF EXPRESSION,
In May, Parliament adopted a political ASSOCIATION AND ASSEMBLY
declaration calling on the government not to A bill adopted in March increased penalties
ratify the Council of Europe Convention on for the crime of “imparting or conveying false
preventing and combating violence against information” related to the COVID-19
women and domestic violence (the Istanbul pandemic and to the government’s
Convention), despite initially signing it in responses. It instituted the crime of
2014. obstructing the enforcement of a quarantine
or isolation order.5
RIGHT TO EDUCATION In mid-June, transitional provisions were
In January, the government launched a co- adopted, amending applicable rules during a
ordinated communication and media “state of medical emergency”, and giving the
campaign to discredit 63 Roma former possibility to government to arbitrarily restrict
elementary school students in the town of the rights to freedom of movement and
Gyöngyöspata who had successfully taken a peaceful assembly.
case to court about segregated and lower Also in June, the CJEU ruled that
quality education. Despite the government’s restrictions in the Law on the Transparency of
campaign, the Curia confirmed in May that Organizations Supported from Abroad,
the compensation they had been awarded imposed on the financing of civil society
had to be paid in full without delay. organizations by foreign funders, breached
In March, the UN Committee on the Rights EU law.
of the Child expressed serious concern about In July, the editorial team and nearly 100
the continuing segregation of Roma children staff journalists resigned from Index, the
in special education, the increased gap in country’s largest independent online news
attainment between Roma and non-Roma portal, in response to the dismissal of its
children, and the lack of data on Roma editor-in-chief. The editors had publicly
children in education. announced that their independence was in
In September, a new national curriculum, danger following the takeover of the portal’s
which had been adopted without broad advertising branch by a media executive with
public consultation and despite widespread close ties with the government.
protests by educational professionals, was
rolled out in elementary and secondary RIGHT TO SEEK ASYLUM
schools. The government lost three court cases
Between September and November, regarding breaches of international
students at the University of Theatre and Film obligations. In April, the CJEU ruled that
Arts in the capital, Budapest, occupied their Hungary had failed to fulfil EU law obligations
school to protest against a government- by refusing to relocate asylum-seekers within
controlled restructure of ownership and the mandatory scheme set up in solidarity
management which they claimed curtailed with Italy and Greece.
academic freedom. Several prominent In May, the Court ruled that Hungary’s
lecturers resigned. automatic detention of asylum-seekers in
In October, the Court of Justice of the border detention centres known as “transit
European Union (CJEU) ruled that Hungary zones” breached EU legislation as the
had breached EU rules relating to academic detention measures were disproportionate,
freedom, through the 2017 amendments to exceeded the maximum time limit, and could
the Law on higher education, which forced not be challenged in court. While initially
the Central European University out of the protesting the judgment, the government
country. vacated the transit zones the same month.

Amnesty International Report 2020/21 181


In June, new rules introduced severely arbitrarily arrested, often without charge or
limited access to asylum. Transitional trial. Despite a Supreme Court ruling to
measures, denounced by UNHCR, the UN reduce prison overcrowding to curb the
refugee agency, removed the possibility for spread of COVID-19, the authorities
asylum-seekers to submit applications inside continued to incarcerate many who were
Hungary, instead requiring them to first critical of the government. The authorities
submit a “declaration of intent” at selected failed to adequately investigate or punish
embassies outside the country. By the end of perpetrators of violence based on caste, sex
the year, only a handful declarations were and gender, and carried out reprisals
registered, and one family was granted against those who reported rape and caste-
permission to enter Hungary to submit an based crimes. There was widespread
application. In October, the European impunity and lack of accountability for
Commission launched an infringement murders and attacks carried out by vigilante
procedure, arguing that the restrictions were mobs and police officers against religious
unlawful. minorities. Swift and extreme restrictions
Those entering irregularly, mostly from were placed on freedom of movement in
Serbia, were expelled, often collectively. By response to the pandemic, leaving
the end of the year, police pushbacks across thousands of migrant workers stranded
the border fence exceeded 30,000, in breach without adequate food and protection.
of the obligation to individually assess the risk Some restrictions to curb the pandemic also
of refoulement, the forcible return of threatened the right to privacy.
individuals to countries where they risk
serious human rights violations. In BACKGROUND
December, the CJEU ruled that such returns In December 2019, the government passed
breached EU law the Citizenship (Amendment) Act (CAA)
enabling irregular migrants from Afghanistan,
Bangladesh and Pakistan to obtain Indian
1. Hungary: Fearing the unknown – How rising control is undermining
judicial independence in Hungary (EUR 27/2051/2020) citizenship, excluding Muslims. The
2. Hungary: Government must revoke prohibition of gender legal
discriminatory nature of the CAA sparked
recognition (EUR 27/2085/2020) peaceful protests across the country, which
3. Hungary: Hungarian Parliament must reject amendments further were met with arbitrary arrests and detention
undermining the rights of LGBTI people (EUR 27/3353/2020) and widespread demonization of those
4. Hungary: No working around it: Gender-based discrimination in protesting.
Hungarian workplaces (EUR 27/2378/2020) The government’s strategy to curb
5. Hungary: Government must not use extraordinary power to roll back COVID-19 included a punitive lockdown at
human rights amid COVID-19 emergency (EUR 27/2046/2020) very short notice, lack of transparency in
disbursing relief funds, threats to privacy, and
demonization of religious minorities.
INDIA ARBITRARY ARRESTS AND DETENTIONS
Republic of India Seven human rights activists – Father Stan
Head of state: Ram Nath Kovind Swamy, Jyoti Raghoba Jagtap, Sagar
Head of government: Narendra Modi Tatyaram Gorkhe, Ramesh Murlidhar
Gaichor, Hany Babu, Gautam Navlakha and
Freedom of expression was guaranteed Anand Teltumbde, were arrested by the
selectively, and dissent was repressed National Investigation Agency (NIA), India’s
through unlawful restrictions on peaceful main counter-terrorism agency, for their
protests and by silencing critics. Human alleged involvement in violence during the
rights defenders, including students, Bhima Koregaon celebrations near the city of
academics, journalists and artists, were Pune in 2018. Those arrested worked with

182 Amnesty International Report 2020/21


marginalized groups, including Adivasi
(Indigenous) communities, and had criticized FREEDOMS OF EXPRESSION AND
government policies. The government ASSEMBLY
accused them of breaching the Penal Code New restrictions were imposed on freedoms
by “waging war against the country” and of expression and assembly in response to
having links with the banned Communist the COVID-19 pandemic. On 24 March,
Party of India (Maoist). Prime Minister Modi imposed a nationwide
Many arrested activists were elderly and in lockdown, comprising mandatory ‘stay-at-
poor health. However, they were held in home’ quarantine under the Disaster
overcrowded prisons where several inmates Management Act, a draconian law which
had either tested positive or died from gives the government sweeping powers in
COVID-19. Varavara Rao, an 80-year-old poet disaster situations. Breaches of the lockdown
arrested in the Bhima Koregaon case in resulted in arrests and detentions.
2018, tested positive for COVID-19 in July Even before the pandemic, freedom of
while in prison. Nevertheless, the courts assembly was restricted, including by
continued to reject the bail pleas of the burdening civilians with recovering the cost of
activists. damages to public property after peaceful
At least nine students peacefully protesting protests turned violent.
against the CAA were arrested and jailed A year after the government revoked the
under counter-terrorism and sedition laws. special status of Jammu and Kashmir and
Many other anti-CAA protesters were split the state into two union territories, the
subjected to intense intimidation and clampdown on civil liberties and restrictions
harassment from the police. Meanwhile, the on communications services continued.
authorities ignored violence and hate speech Political leaders such as Farooq Abdullah,
by the supporters of the CAA against those Omar Abdullah and Mehbooba Mufti, who
protesting draconian counter-terrorism laws, were administratively detained in 2019, were
including the Unlawful Activities (Prevention) released in 2020. However, the union
Act and National Security Act. Safoora government continued to silence those who
Zargar, a research scholar who was three demanded accountability and imposed a
months’ pregnant at the time, and Umar harsh media blackout.
Khalid, a former student union leader, were At least 18 journalists in Kashmir were
among those arrested. Safoora Zargar was physically attacked by police or summoned to
later released on bail. police stations. Dissent was further
On 26 June, the UN High Commissioner suppressed when a new media policy was
for Human Rights called on India to introduced by the Jammu and Kashmir
immediately release human rights defenders government to create “a sustained narrative
who had been arrested for protesting against on the functioning of the government in
the CAA. However, the majority remained in media” by checking “anti-national activities”.
detention at the end of the year. On 20 October, the Jammu and Kashmir
In December, Uttar Pradesh police government closed the office of the Kashmir
arbitrarily arrested 10 Muslim men under a Times, without prior notice, after its editor,
law introduced by the Uttar Pradesh Anuradha Bhasin, had challenged the
Government that targets consensual interfaith communications blockade in the Supreme
marriages, and allegedly tortured them. The Court. The NIA also raided the offices and
legislation, which has been termed the “love residences of civil society activists including
jihad” law by right-wing nationalists and Khurram Parvez and three of his associates,
leading politicians, had not been approved by and Parveena Ahanger, who had reported
the Indian Parliament or the state legislature. extensively on human rights abuses in
Kashmir. The NIA alleged that the activists
had raised funds for “carrying out

Amnesty International Report 2020/21 183


secessionist and separatist activities” in the Delhi police indiscriminately used water
Jammu and Kashmir. cannons and fired tear gas shells, injuring
During the nationwide lockdown imposed protesters.
after the COVID-19 outbreak, more than 50
journalists were arrested or charged under UNFAIR TRIALS
emergency laws for spreading The courts, particularly the Supreme Court,
“misinformation” or “fake news”. On 7 April, failed to monitor the government’s response
Uttar Pradesh police lodged a First to the COVID-19 crisis in a timely manner.
Information Report (FIR) against journalist On 13 March, even before the national
Prashant Kanojia for allegedly making lockdown was imposed, the Supreme Court
“objectionable remarks” about Prime declared that the courts – for public health
Minister Modi and Chief Minister Yogi reasons – would function at reduced
Adityanath on social media. Shortly capacity. Between 23 March and 4 July, the
afterwards, the Uttar Pradesh police Supreme Court only took up cases of
registered another FIR against The Wire, a “extreme urgency”, barring physical hearings
daily news website, and its editor Siddharth and relying on video conferencing facilities.
Varadarajan for reporting that Yogi Adityanath No qualifying criteria or definitions were
had attended a public religious event after laid down for cases of “extreme urgency”,
the nationwide lockdown was announced. leaving judges with wide discretion, resulting
On 28 September the government in many significant cases involving grave
amended the Foreign Contribution human rights violations either not being
(Regulation) Act (FCRA), banning large heard or being seriously delayed. On 3 April,
NGOs from passing to grassroots NGOs funds the Bombay High Court, while hearing a bail
received from foreign donors. The new application, maintained that the meaning of
amendments also required all FCRA- the term “urgent” was subjective and did not,
registered non-profit organizations to limit for example, apply to those seeking bail while
their administrative expenses to 20% of awaiting the outcome of their trial.
donations (from the earlier 50%). This The Supreme Court routinely undermined
amendment was likely to force NGOs to its own impartiality and independence. In
reduce staff, potentially reducing human August it convicted Prashant Bhushan, a
rights work. lawyer and human rights defender, under the
On 30 September, Amnesty International outdated provisions of criminal contempt
India was forced to halt its operations after laws. Prashant Bhushan had criticized on
the government froze its bank accounts Twitter the court’s functioning since 2014.
without notice. The organization was forced
to lay off all its staff and pause all its UNLAWFUL ATTACKS AND KILLINGS
campaign and research work. This occurred In February, communal violence broke out in
shortly after Amnesty International India had the capital, New Delhi. According to
published briefings demanding accountability government data, 53 people – mostly
for grave human rights violations carried out Muslims – died in the riots, and more than
by the Delhi police and the government 500 were injured.
during the Delhi riots and in the Jammu and In the build-up to the Legislative Assembly
Kashmir region. elections in Delhi, held on 8 February, several
More than 160 farmers died after three political leaders made hate speeches against
laws on farming were passed by Parliament the anti-CAA protesters. On 27 January,
in August with minimal consultation. The referring to the protesters at Shaheen Bagh,
causes of death included suicides, as well as the Delhi epicentre of peaceful sits-ins
heart attacks and road accidents during against the CAA, the Union Minister of State
protests. In November, as the farmers for Finance, Anurag Thakur, encouraged the
marched towards Delhi to protest the laws, crowd to chant “shoot the traitors of the

184 Amnesty International Report 2020/21


nation”. On 28 January, Parvesh Verma, breaching the lockdown guidelines. On 18
member of parliament for the ruling April in Uttar Pradesh, a Muslim man,
Bharatiya Janata Party (BJP) claimed that the Mohammed Rizwan, died in hospital two
protesters from Shaheen Bagh would enter days after being beaten by police with batons
citizens’ homes and “rape your sisters and when he went out to buy essential supplies.
daughters and kill them”. In another speech On 19 June, low-income workers P. Jayaraj
on the same day, he promised to “not leave and his son J. Bennicks were picked up for
even one of [the mosques] standing” after questioning by the Thoothukudi police in
the BJP’s election win in Delhi. Tamil Nadu for keeping their small shop open
These speeches were followed by violence during lockdown. The two men were allegedly
on university campuses against those tortured to death in police custody.
protesting against the CAA. Hate speeches by
political leaders continued after the Delhi IMPUNITY
elections, followed by widespread violence in The police continued to carry out unlawful
the North East district of Delhi. killings – some amounting to extrajudicial
On 23 February, BJP leader Kapil Mishra executions – with impunity. In July in
called on Twitter for people to rally against a Kashimr, three young labourers in an apple
women-led protest in Jaffrabad in North East orchard were unlawfully killed by members of
district of Delhi, urging people to “prevent the Indian army. The Armed Forces (Special
another Shaheen Bagh”. At the rally, he Powers) Act, which governs the use of force
warned the police of dire consequences if the by security personnel in Kashmir, grants
protesters did not vacate the site. Communal virtual immunity to members of the security
violence erupted shortly after his speech. forces from prosecution for alleged human
rights violations. In another extrajudicial
EXCESSIVE USE OF FORCE execution in July, Vikas Dubey was allegedly
The police used unlawful force and killed while being escorted to the city of
committed various other human rights Kanpur after his arrest by Uttar Pradesh
violations, abusing laws to intimidate people police. Four of his associates were also killed
and silence dissent on behalf of the union unlawfully by the Uttar Pradesh police. Uttar
government. Pradesh police had earlier claimed in a
During the February communal violence in tweet that since 2017 it had killed 103
Delhi, members of the Delhi police pelted “criminals” and injured 1,859 others in
stones alongside rioters, tortured people in 5,178 “police engagements” – a common
custody, dismantled sites of peaceful protest euphemism used by state actors for alleged
and stood by as rioters attacked peaceful extrajudicial executions.
protesters and destroyed public and private Hate crimes including violence against
property. No independent investigation was Dalits, Adivasi (Indigenous) communities and
launched into these acts. religious minorities were also committed with
As the COVID-19 pandemic unfolded, the impunity. In September, a Dalit woman was
discriminatory enforcement of the lockdown allegedly raped and murdered by a group of
restrictions by the police heightened human dominant-caste men in Hathras district in
rights concerns. The majority of those Uttar Pradesh, and cremated by the Uttar
arrested for violating the lockdown guidelines Pradesh police without her family's consent.
belonged to marginalized communities such The accused men were arrested only after
as Scheduled Castes, Scheduled Tribes, De- nationwide protests. Later, several FIRs were
notified Tribes, Muslims or low-income registered by the Uttar Pradesh police against
workers. In March, migrant workers who were protesters for criminal conspiracy and
travelling back home were forced by the Uttar sedition.
Pradesh police to crawl on the road carrying
their belongings, as punishment for

Amnesty International Report 2020/21 185


including a four-year-old child who died of
RIGHT TO HEALTH AND LIVELIHOOD hunger.
The handling of the COVID-19 pandemic During the lockdown, workers in the
exposed weaknesses in the public health informal sector – who constitute more than
care system. It also resulted in unsafe and three-quarters of India’s workforce – faced
poor working conditions for those who lack enormous difficulties due to rampant job
adequate social and economic protection, losses. However, many states suspended the
such as community health care workers and legal protections otherwise afforded to
religious minorities. workers, such as regulation of working hours,
The government accused members of the the right to form trade unions, and safe
Muslim Tablighi Jamaat minority of spreading working conditions.
COVID-19, and as a result, health care The COVID-19 lockdown resulted in an
facilities denied access to Muslims. Instances increase in violence against women,
of hospitals refusing Muslim pregnant women particularly domestic violence. Pregnant
and cancer patients surfaced in April 2020. women and girls faced further barriers
In the months following the nationwide accessing health care, and there was an
lockdown of March, social media and increased risk of maternal mortality and
WhatsApp groups were flooded with calls morbidity.
for social and economic boycotts of Muslims,
alongside fake news stories and other RIGHT TO PRIVACY
misinformation. In April, the government launched the mobile
The COVID-19 pandemic overburdened app Aarogya Setu, purportedly to speed up
the public health care system, but little contact tracing and ensure timely access to
protection was provided to front-line health essential health services and public health
workers in terms of safety equipment and information. No information was provided on
social security such as medical and life which government bodies would have access
insurance. These included people working in to the data collected through the app.
the community, such as Accredited Social Aarogya Setu’s code was not open to the
Health Activist workers and sanitation public, in violation of the government’s own
workers. policy. Although the Ministry of Electronics
The Supreme Court delayed a hearing in a and Information Technology maintained that
public interest case urgently seeking downloading the app was not mandatory,
transport, food and shelter for migrant many government departments and private
workers who were left stranded for over a companies, including the Airport Authority of
month by the sudden imposition of the India, made it mandatory for their staff to
lockdown. On 7 April, as many migrant install it.
workers were walking to their distant homes
in the absence of government-sponsored or
public transport, India’s Chief Justice, S.A.
Bobde, stated while hearing the petition that
INDONESIA
the Supreme Court “did not want to interfere Republic of Indonesia
with the government decisions for the next Head of state and government: President Joko Widodo
10-15 days”. At least 200 migrant workers
were killed in road accidents while walking
long distances home in other districts or Many health workers did not have access to
states during the lockdown. In May, after adequate personal protective equipment or
intense public pressure, the government COVID-19 tests. The right to freedom of
began running special trains for stranded expression was curtailed with the issuance
migrant workers. However, many died from a of a directive by the National Police
lack of food and water on these trains, criminalizing criticism of the government’s

186 Amnesty International Report 2020/21


response to the pandemic. An increasing COVID-19 cases. A doctor from Flores
number of people were imprisoned solely reported in April that doctors needed to wash
for expressing their opinions or organizing and iron disposable surgical masks and re-
peaceful protests. Unidentified parties use them since they had run out of stock.1
digitally intimidated academics, students, Health workers and their families had
activists, human rights defenders, social difficulties accessing COVID-19 swab tests
justice leaders and journalists, trying to and had to pay for them.2 They also
silence their critical voices. Several experienced discrimination because of their
journalists filed police complaints in occupation. The chairperson of the
August; investigations remained pending at Indonesian Nurses Association said people
year’s end. At least 35 prisoners of feared that medical workers could transmit
conscience remained imprisoned. Security the virus. At least 19 health care workers
forces committed human rights violations were evicted from and refused entry to their
against people in Papua and West Papua, boarding houses in the period from 22 March
largely with impunity. The House of to 16 April. Unable to find alternative
Representatives dropped the Sexual accommodation, some medical workers were
Violence Eradication Bill from its priority forced to stay at the hospital where they
list. The LGBTI community remained under worked.
threat following misleading statements
made by several public officials on grounds RIGHT TO INFORMATION
of “morality”. In March, following the government’s
confirmation of the first two COVID-19 cases
BACKGROUND in the country, the Health Ministry decided
Indonesia officially recorded 22,138 against disclosing important data on
COVID-19 deaths nationwide (82 per COVID-19 transmission chains, such as
100,000 population) at year’s end, making it contact tracing and the travel history of
the country with the third-highest fatalities suspected cases, claiming that doing so was
rate in Asia. The pandemic and the likely to create widespread panic and an
government’s response had significant impact on law and order.
human rights consequences, particularly with Officials acknowledged that government
regard to the rights of health workers, the reporting on the virus outbreak was
right to information, labour rights and the inadequate. In April, the spokesperson for
right to freedom of expression. Indonesia Indonesia’s National Disaster Mitigation
failed to place the protection of human rights Agency stated that it was unable to provide
at the centre of its prevention, preparedness, accurate data as the Health Ministry’s
containment and health care policies and statistics did not match the figures as
activities. reported by provincial administrations and
that the Ministry’s data was incomplete.
RIGHT TO HEALTH The government was not transparent in
Health workers releasing data relating to the number of
At year’s end, at least 504 health workers health workers infected by COVID-19 and
had died either because of COVID-19 or where they worked. The Indonesian Medical
sometimes exhaustion due to long working Association criticized the government and
hours. In March the chairperson of the requested that data regarding COVID-19
Indonesian Doctors Association stated that patients be made available to the relevant
health workers treating COVID-19 patients medical authorities in order to facilitate
did not have adequate personal protective contact tracing and treatment.
equipment (PPE). The slow distribution of
PPE, especially in outlying regions, did not
keep pace with the continued increase of

Amnesty International Report 2020/21 187


messages and, in the case of students
WORKERS’ RIGHTS holding discussions on politically sensitive
The COVID-19 pandemic had a negative topics, intervention by university leadership.
impact on workers’ rights, through: Digital attacks also targeted alternative
termination of employment; threats of wage media groups, including the online feminist
cuts and holiday allowance cuts by newsgroups Magdalene and Konde. The
employers in sectors badly affected by the personal information of one of Magdalene’s
pandemic; and problematic physical journalists was hacked online and she was
distancing and work-from-home policies. harassed by unidentified people who sent her
The President announced the need for pornographic pictures and demeaning
physical distancing and work-from-home statements about women.4 Several of those
policies on 14 March, but employers in some attacked and harassed filed police
sectors not classified as essential complaints; investigations remained pending
nevertheless required the physical presence at year’s end.
of workers. In some cases, employers
threatened to cut workers’ wages and/or their FREEDOMS OF ASSEMBLY AND
annual leave if they did not attend work. ASSOCIATION
Informal workers in delivery services, Prisoners of conscience
garment factories and restaurants continued The authorities continued to prosecute
to work during the pandemic. The people participating in peaceful political
government failed to hold employers in these activities, particularly in regions with a history
sectors accountable when they did not of pro-independence movements such as
provide handwashing facilities or masks, or Papua and Maluku, using the Criminal Code
impose a physical distancing policy. and its makar (rebellion) provisions. At year’s
In October, the Parliament adopted a new end, at least 48 Papuan prisoners of
jobs law (Omnibus law) that weakened conscience and 10 from Maluku were still
protection of workers’ rights including by imprisoned. They were charged with rebellion
removing provisions relating to the maximum even though they had held peaceful protests
time limit of temporary work contracts, and did not commit any internationally
amending the minimum wage formula, and recognized criminal offence.
increasing the limit on overtime work.3 On 25 April, the authorities arrested seven
activists from the Republic of South Maluku
FREEDOM OF EXPRESSION movement for conducting a peaceful
The authorities cracked down on public “Benang Raja” flag-raising ceremony on the
criticism of the government’s response to the 70th anniversary of its founding. On 23
COVID-19 pandemic. On 4 April, National March, the military instructed every
Police Headquarters issued Telegram Letter household in Maluku to raise Indonesia’s
No. ST/1100/IV/HUK.7.1/2020, instructing national flag.
the police to monitor cyberspace and to take In September 2019, seven Papuans who
action against “hoax spreaders” and those had been arrested in Jayapura for joining
who insulted the President and his peaceful anti-racism protests in support of
administration. At least 57 people were Papuan university students in Surabaya, East
arrested on charges of spreading “false Java, were eventually released from jail in
news” and insulting the President and his Balikpapan, where they had been moved for
administration. security reasons. On 17 June, judges at the
Unknown parties digitally intimidated Balikpapan District Court, East Kalimantan,
academics, students, activists and journalists convicted and sentenced them to between
in attempts to instil fear and silence critical 10 and 11 months’ imprisonment for their
voices. The intimidation took many forms, involvement in anti-racism protests. When
including threats of physical violence via text they had completed their sentences including

188 Amnesty International Report 2020/21


time served, they were refused normal Central Kalimantan arrested six Indigenous
financial assistance from the authorities as villagers, including the social justice leader of
the Attorney General’s Office claimed it had the Laman Kinipan community, Effendi
no money to pay for their return to Papua. Buhing, for defending a customary forest
against the expansion of PT Sawit Mandiri
HUMAN RIGHTS DEFENDERS Lestari, a palm oil company. The police
Human rights defenders and social justice arrested them for theft but observers agreed
leaders (mostly community leaders working the arrests were linked to the growing
on forced evictions and other land rights resistance against forced evictions by palm
issues) continued to face threats, attacks, oil companies. Between January and August,
intimidation and arbitrary prosecution for at least 29 Indigenous rights defenders and
their legitimate activities. Authorities social justice leaders were subjected to
frequently arrested critics as a tactic to detention, physical violence and intimidation.
silence them. There was still no accountability for past
Between February 2019 and 21 violations against human rights defenders,
September 2020, Amnesty International including the cases of Fuad Muhammad
recorded that at least 201 human rights Syafruddin (Udin), Wiji Thukul , Marsinah
defenders and social justice leaders were and the prominent human rights activist
victims of human rights abuses, both offline Munir Said Thalib (Munir).
and online. They were harassed and
intimidated simply for criticizing the HUMAN RIGHTS VIOLATIONS IN PAPUA
government or discussing politically sensitive AND WEST PAPUA
issues such as human rights violations and Human rights groups reported unlawful
abuses in Papua. The online intimidation killings and other serious human rights
took many forms, including credential theft of violations by security forces, primarily
WhatsApp accounts, spam calls from excessive use of force. Between February
unidentified international numbers, and 2018 and August 2020, 47 cases of
digital harassment such as intrusions during suspected unlawful killings by security forces
online discussions, particularly on the issue were recorded, involving 96 victims. In 15
of Papua. cases, the alleged perpetrators were police
On 5 June, a webinar held by Amnesty officers ; in 13 cases, they were members of
International to discuss racism in Papua was the Indonesian military; and in 12 cases,
disrupted by spam calls and intrusions. members of both the police and the military
Robocalls from three unidentified foreign were allegedly involved.
numbers bombarded three speakers during On 19 September, Yeremia Zanambani ,
the discussion. the chief of the Indonesian Evangelical
In August, the Endowment Fund for Christian Church in the district of Hitadipa,
Education, a government-funded scholarship Intan Jaya, Papua, was killed. The police and
programme under the coordination of the military stated that an armed group was
Indonesian Finance Ministry, asked Veronica behind his death. Local activists in Papua,
Koman, a human rights lawyer who was who were in close communication with the
documenting human rights violations in priest’s family, rejected this claim and alleged
Papua, to return scholarship money for her the military shot Yeremia during a search for
master’s degree studies.5 Over the previous members of the armed group suspected of
two years she had faced harassment, killing two military officers.6 During the
intimidation and threats, including of death military operation, numerous local people fled
and rape, and was living in exile in Australia. their homes to nearby forests or sought
Land disputes involving local communities refuge in the surrounding area.
and corporations were characterized by Successive governments have limited
human rights violations. In August, police in international human rights observers’ access

Amnesty International Report 2020/21 189


to Papua. Investigations into reports of 2. Indonesia: Unprotected, overworked, ailing Indonesian health workers
face avalanche of COVID-19 cases (Press release, 11 September)
unlawful killings by security forces in Papua
were rare.7 3. Indonesia: ‘Catastrophic’ Omnibus Bill on job creation passed into
law (Press release, 5 October)

WOMEN’S RIGHTS 4. Indonesia: End wave of digital attacks on students, journalists and
activists (ASA 21/2536/2020)
Data from the National Commission on
5. Indonesia: Financial punishment against human rights defender
Violence against Women indicated that, as of shows no respect for freedom of expression (Press release, 14
July, there was a 75% increase in reports of August)
sexual violence against women during the 6. Indonesia: Investigate killing of priest in Papua (Press release, 23
pandemic. September)
There was no comprehensive legal 7. Indonesia: Civil and political rights violations in Papua and West
umbrella covering all forms of sexual Papua (ASA 21/2445/2020)
violence. The Indonesian Criminal Code 8. Indonesia: Men accused of holding ‘gay party’ face 15 years in jail
narrowly defines sexual violence as including (Press release, 3 September)
rape and “adultery” (in contravention of
international law), and provides for limited
protection of survivors. On 2 July, the House
of Representatives officially dropped the
IRAN
Sexual Violence Eradication Bill from the Islamic Republic of Iran
priority list of the national legislation Head of state: Ali Khamenei (Supreme Leader)
programme. This undermined the adoption of Head of government: Hassan Rouhani (President)
a comprehensive legal framework that can
guarantee prosecution of perpetrators and The authorities heavily suppressed the
offer appropriate protection to survivors of rights to freedom of expression, association
sexual violence. and assembly. Security forces used unlawful
force to crush protests. The authorities
RIGHTS OF LESBIAN, GAY, BISEXUAL, continued to arbitrarily detain hundreds of
TRANSGENDER AND INTERSEX (LGBTI) protesters, dissidents and human rights
PEOPLE defenders, and sentenced many to
Harassment, intimidation, attacks and imprisonment and flogging. Women, as well
discrimination against LGBTI people as ethnic and religious minorities, faced
continued. The media reported inflammatory, entrenched discrimination as well as
inaccurate and misleading statements made violence. Enforced disappearances, torture
by public officials on the grounds of and other ill-treatment were committed with
defending the country’s public morality. Both impunity on a widespread and systematic
state and non-state actors were responsible basis. Judicial corporal punishments
for acts of violence as well as issuing threats, amounting to torture, including floggings
intimidation and other types of harassment of and amputations, were imposed. Fair trial
LGBTI individuals. rights were systematically violated. The
On 1 September, police in the capital, death penalty was used as a weapon of
Jakarta, raided a private gathering of men in political repression. Executions were carried
an apartment in South Jakarta. Nine people out, one in public and some others in
were arrested and charged with “facilitating secret. Those executed included people
obscene acts” under the pornography law, aged under 18 at the time of the crime. The
which carries a sentence of up to 15 years’ authorities continued to commit crimes
imprisonment.8 against humanity by systematically
concealing the fate and whereabouts of
several thousand political dissidents
1. Indonesia: COVID-19 and its human rights impact in Indonesia (ASA
21/2238/2020) forcibly disappeared and extrajudicially
executed in secret in 1988. Mass graves

190 Amnesty International Report 2020/21


believed to contain their remains were rights activists, conservationists, anti-death
subject to ongoing destruction. penalty campaigners and those demanding
truth, justice and reparation for the mass
BACKGROUND extrajudicial executions in the 1980s.
On 8 January, amidst heightened tensions Hundreds of prisoners of conscience were
following a US drone strike in Iraq that killed excluded from pardons and temporary
Revolutionary Guards Commander Ghasem releases. Political dissidents Mehdi Karroubi,
Soleimani, the Revolutionary Guards fired Mir Hossein Mousavi and Zahra Rahnavard
missiles at a Ukrainian passenger plane in remained under arbitrary house arrest
Iranian air space, killing all 176 people on without charge or trial.
board. After an initial cover-up, the Iranian Throughout the year, the authorities
authorities blamed “human error”. unlawfully closed the businesses or froze the
Iran continued to provide military support bank accounts or assets of numerous
to government forces in the armed conflict in journalists working with independent media
Syria. outlets outside Iran, and of human rights
The health care system was overwhelmed defenders and their families. They also
by the COVID-19 pandemic; at least 300 subjected the children, older parents and
health care workers reportedly died of the other family members of protesters,
disease. journalists and human rights defenders to
US-imposed sanctions continued to intimidation, interrogation or arbitrary arrest
negatively impact the economy, with and detention in reprisal for their relatives’
detrimental consequences for the enjoyment journalistic or human rights work or their
of economic, social and cultural rights. participation in protests.
In March, the UN Human Rights Council In January, security forces used unlawful
renewed the mandate of the UN Special force, including firing pointed pellets from
Rapporteur on the situation of human rights airguns, rubber bullets and tear gas, and
in Iran. The authorities did not grant him and using pepper spray, to disperse peaceful
other UN experts or independent human protesters demanding justice for the
rights observers entry to the country. Ukrainian plane crash victims. They also
kicked, punched and beat protesters and
FREEDOMS OF EXPRESSION, carried out scores of arbitrary arrests.1
ASSOCIATION AND ASSEMBLY In January and February, to quash
The authorities heavily suppressed the rights independent reporting in the run-up to
to freedom of expression, association and parliamentary elections, the authorities
assembly. targeted journalists for arbitrary arrest and
The Ministry of Interior as well as security detention, house searches and interrogations.
and intelligence bodies continued to ban The authorities took measures to stop
independent political parties, and human independent reporting on COVID-19 and
rights and civil society groups. Censorship of silence criticism about their handling of the
media and jamming of foreign satellite pandemic. The Ministry of Culture and
television channels continued. Facebook, Islamic Guidance ordered media and
Telegram, Twitter and YouTube remained journalists to use only official sources and
blocked. statistics in their reporting. Cyber police
Hundreds of people remained arbitrarily established a special task force to tackle
detained for peacefully exercising their “cyber rumours” and “fake news” related to
human rights. Among them were protesters, COVID-19 on social media; and scores of
journalists, media workers, political journalists, social media users, health care
dissidents, artists, writers and human rights workers and others were arrested,
defenders, including lawyers, women’s rights summoned for questioning or given warnings.
defenders, labour rights activists, minority In April, Rahim Yousefpour, a doctor from

Amnesty International Report 2020/21 191


Saqqez, Kurdistan province, was charged infestations, placing them at greater risk of
with “spreading propaganda against the COVID-19.
system” and “disturbing public opinion” for Between February and May, the authorities
his Instagram posts about COVID-19. temporarily released around 128,000
prisoners and pardoned another 10,000 in
TORTURE AND OTHER ILL-TREATMENT response to COVID-19. Official letters leaked
Torture and other ill-treatment remained in July revealed that the Ministry of Health
widespread and systematic, especially during ignored repeated requests from the Prisons
interrogation. Organization for additional resources,
Iran’s police, intelligence and security including disinfectant products and medical
forces, and prison officials subjected and protective equipment. Some prisoners
detainees to prolonged solitary confinement, complained about the authorities’ improper
beatings, floggings, stress positions, forced use of bleach to disinfect surfaces,
administration of chemical substances and exacerbating poor air quality and leading to
electric shocks.2 Prison and prosecution severe coughs, chest tightness and asthma
authorities also deliberately denied prisoners attacks.
of conscience and other prisoners held for In March and April, prisoners across the
politically motivated reasons adequate health country waged hunger strikes, protests and
care.3 riots to protest the authorities’ failure to
The Penal Code continued to provide for protect them from COVID-19. Authorities
corporal judicial punishments amounting to responded with unlawful force, resorting to
torture, including flogging, blinding, beatings and firing live ammunition, metal
amputation, crucifixion and stoning. pellets and tear gas to suppress protests. As
At least 160 people were sentenced to a result, on 31 March, in Sheiban prison in
flogging, according to the Abdorrahman Ahvaz, Khuzestan province, several Ahwazi
Boroumand Center, for theft and assault as Arab prisoners were killed and many others
well as for acts that are protected under were injured.
international human rights law, such as
participating in peaceful protests, engaging in ENFORCED DISAPPEARANCES
extramarital or consensual same-sex Authorities subjected many detainees,
relationships and attending mixed-gender including prisoners of conscience, to
parties. In many cases, flogging sentences enforced disappearance, holding them in
were carried out. undisclosed locations and concealing their
In one prison alone in Urumieh, West fate and whereabouts from their families. The
Azerbaijan province, at least six people were authorities continued the pattern of executing
at risk of amputation. members of ethnic minorities on death row in
Several men died in custody in suspicious secret and concealing the whereabouts of
circumstances, with photo and video their bodies, thereby subjecting their families
evidence indicating that at least two of them to the ongoing crime of enforced
were tortured before their deaths, including a disappearance.
juvenile offender who died in April. Several Ahwazi Arab prisonersremained
forcibly disappeared.
RIGHT TO HEALTH The authorities continued to commit the
Prisoners crime against humanity of enforced
Conditions in many prisons and detention disappearance by systematically concealing
facilities remained cruel and inhuman. the fate and whereabouts of several thousand
Prisoners suffered from overcrowding, limited political dissidents who were forcibly
hot water, unsanitary conditions, inadequate disappeared and extrajudicially executed in
food and drinking water, insufficient beds secret in 1988 and destroying unmarked
and bathrooms, poor ventilation and insect

192 Amnesty International Report 2020/21


mass gravesites believed to contain their women’s rights defendersremained in prison
remains. for campaigning against forced veiling.
Security and intelligence forces threatened The authorities failed to criminalize
victims’ families with arrest if they sought domestic violence, marital rape, early and
information about their loved ones, forced marriage and other gender-based
conducted commemorations or spoke out. violence against women and girls, which
remained widespread.
UNFAIR TRIALS The legal age of marriage for girls stayed at
Fair trial rights were systematically violated in 13, and fathers and grandfathers could
the criminal justice system. obtain permission from courts for their
Authorities continued to systematically daughters to be married at a younger age.
deny individuals facing national security- According to official figures, about 30,000
related charges access to a lawyer at the girls under the age of 14 are married every
investigation stage. In some cases, access year.
was even denied at trial. Some defendants The authorities failed to take steps to end
were tried in their absence because impunity for men who kill their wives or
authorities failed either to notify them of their daughters and to ensure accountability
trial dates or transfer them from prison to proportionate to the severity of these crimes.
court. In June, the Guardian Council approved a
Many trials took place behind closed new law for the protection of children, but
doors. Revolutionary Court judges showed which did not contain protections against so-
hostility towards defendants during court called honour killings, child marriage and
proceedings and treated the accusations of marital rape.
intelligence and security bodies as pre- The government continued its review of
established facts. the long-standing bill aimed at protecting
Forced “confessions” obtained under women against violence. The delay was
torture and other ill-treatment were broadcast attributed to changes made by the judiciary
on state television prior to trials and were during its review, which considerably
consistently used as evidence by courts to weakened protections.
issue convictions, even when defendants
retracted them. DISCRIMINATION
Convictions and sentences were often Ethnic minorities
upheld on appeal without hearings taking Ethnic minorities, including Ahwazi Arabs,
place. Azerbaijani Turks, Baluchis, Kurds and
Courts frequently refused to provide those Turkmen faced entrenched discrimination,
convicted of national security charges with a curtailing their access to education,
copy of written judgments. employment, adequate housing and political
office. Continued under-investment in
DISCRIMINATION AND VIOLENCE minority-populated regions exacerbated
AGAINST WOMEN AND GIRLS poverty and marginalization. Despite
Women continued to face entrenched repeated calls for linguistic diversity, Persian
discrimination in law, including in relation to remained the sole language of instruction in
marriage, divorce, employment, inheritance primary and secondary education.
and political office. Members of minorities who spoke out
The “morality” police and vigilantes, against violations or demanded a degree of
enforcing the country’s discriminatory and regional self-government were subjected to
degrading forced veiling laws, continued to arbitrary detention, torture and other ill-
subject millions of women and girls to daily treatment. The authorities criminalized
harassment and violent attacks amounting to peaceful advocacy of separatism or
torture and other ill-treatment. Several federalism and accused minority rights

Amnesty International Report 2020/21 193


activists of threatening Iran’s territorial Only Shi’a Muslims were allowed to hold
integrity. key political positions. Members of religious
Several Azerbaijani Turkic activists were minorities, including Baha’is, Christians,
sentenced to imprisonment and flogging in Gonabadi Dervishes, Yaresan (Ahl-e Haq)
connection with the November 2019 protests and converts from Shi’a Islam to Sunni Islam
and peaceful activism on behalf of the or Christianity faced discrimination, including
Azerbaijani Turkic minority, and two had their in education and employment, as well as
flogging sentences carried out. arbitrary arrest and imprisonment, torture
Ahwazi Arabs reported that the authorities and other ill-treatment for practising their
restricted expressions of Arab culture, faith.
including dress and poetry. In October, a Christian man was flogged
Iran's border guards continued to 80 times in Bushehr province for drinking
unlawfully shoot scores of unarmed Kurdish Holy Communion wine.
kulbars who work, under cruel and inhumane Followers of the Erfan-e Halgheh spiritual
conditions, as cross-border porters between doctrine were arbitrarily detained.
the Kurdistan regions of Iran and Iraq, killing The authorities continued to commit
at least 40 men and injuring dozens of widespread and systematic human rights
others, according to Kurdish human rights violations against members of the Baha’i
organizations. minority, including forcible closure of
Many Baluchi villagers in the impoverished businesses, confiscation of property, bans on
province of Sistan and Baluchestan were employment in the public sector, denial of
denied their right to sufficient, physically access to higher education and hate speech
accessible and safe water due to particularly campaigns on state media.
poor infrastructure. They were forced to rely Raids on house churches persisted.
on unsafe sources of water such as rivers, Sunni Muslims continued to face
wells, ponds and water pits inhabited by restrictions on establishing their own
crocodiles for drinking and domestic use. mosques.
Several people, including children, drowned
while fetching water, including an eight-year- DEATH PENALTY
old girl from Jakigoor village where the water The death penalty was increasingly used as a
supply was cut for a week in August. Some weapon of political repression against
local officials blamed victims for failing to protesters, dissidents and members of
take precautions. Many residents in the minority groups.4
province also experienced poor access to Scores of protesters were charged with
electricity, schools and health facilities due to “enmity against God” (moharebeh) and
under-investment. “spreading corruption on earth” (efsad f’il
arz), which carry the death penalty. Several
FREEDOM OF RELIGION AND BELIEF protesters were sentenced to death following
Freedom of religion and belief was unfair trials which relied on torture-tainted
systematically violated in law and practice. “confessions.”
The authorities continued to impose on In December, dissident and journalist
people of all faiths, as well as atheists, codes Ruhollah Zam was executed in connection
of public conduct rooted in a strict with his anti-establishment social media news
interpretation of Shi’a Islam. The authorities channel, Amad News.
refused to recognize the right of those born to Executions were carried out after unfair
Muslim parents to convert to other religions trials. One victim was executed in public and
or become atheists, with individuals seeking others were in secret. Those executed
to exercise this right risking arbitrary included people who were under 18 at the
detention, torture and the death penalty for time of the crime.
“apostasy.”

194 Amnesty International Report 2020/21


A disproportionate number of those
1. Iran: Scores injured as security forces use unlawful force to crush
executed were members of Iran’s Kurdish
protests (Press release, 15 January)
and Baluchi minorities.
2. Iran: Trampling humanity – Mass arrests, disappearances and
The death penalty was maintained for torture since Iran’s November 2019 protests (MDE 13/2891/2020)
consensual same-sex sexual conduct.
3. Iran: Tortured prisoners in need of medical care (MDE 13/2237/2020)
Stoning remained a method of execution
4. Iran: Two Kurds executed amid increasing use of death penalty as
for those convicted of adultery.
weapon of repression (Press release, 15 July)
5. Iran: Details of 304 deaths in crackdown on November 2019 protests
IMPUNITY (MDE 13/2308/2020)
No public official was investigated or held
accountable for crimes of unlawful killings,
torture and enforced disappearance or other
grave human rights violations.
IRAQ
Judicial authorities failed to conduct
Republic of Iraq
independent and transparent investigations
Head of state: Barham Ahmed Salih
into the use of lethal force by law
Head of government: Mustafa Al-Khadhimi (replaced
enforcement officials against individuals who
Adil Abdul-Mahdi in May)
posed no imminent threat to life or serious
injury.
Impunity prevailed for past and ongoing Dissent continued to be severely repressed
crimes against humanity related to the 1988 through excessive use of force against
prison massacres, with many of those protesters, arbitrary arrests, torture and
involved continuing to hold top judicial and other ill-treatment, unlawful killings,
government positions, including the current enforced disappearances and attacks on
Head of the Judiciary and the Minister of freedom of expression. Security forces
Justice. killed at least 600 protesters by using live
In May, Iran’s border guards detained ammunition and other excessive force
dozens of Afghan nationals, including during demonstrations that started in
children, who had crossed the border into October 2019. Unidentified gunmen
Iran to find work, beat them and forced them believed to be militia members targeted
at gunpoint into the Hariroud river, which tens of activists, and killed, abducted and
flows along the border with Afghanistan. subjected dozens to enforced
Several drowned as a result. The authorities disappearance – at least six remained
denied any responsibility. disappeared. Kurdistan Regional
The authorities continued to cover-up the Government (KRG) security forces violently
real death toll of people killed during the dispersed protests and arrested scores of
November 2019 protests, and publicly protesters. Restrictions of movement and
praised security and intelligence forces for other measures to prevent the spread of
their role in the crackdown. In May, the COVID-19 adversely impacted internally
authorities announced, for the first time, that displaced people (IDPs). The authorities
around 230 people were killed during the resumed the closure of camps, closing at
protests, including six members of the least 10, subjecting thousands of people to
security forces. Amnesty International secondary displacement and impeding their
documented the details of 304 men, women access to humanitarian aid. IDPs with
and children who were killed by security perceived ties to the armed group calling
forces during the protests, but the real itself the Islamic State (IS) continued to be
number of deaths is likely to be higher.5 subjected to collective punishment and
remained at risk of arbitrary detention and
enforced disappearance. Thousands of
others remained missing after being

Amnesty International Report 2020/21 195


subjected to enforced disappearance by On 7 May, a new central government was
Iraqi security forces – including the Popular formed, headed by Mustafa Al-Kadhimi.
Mobilization Units (PMU) – while fleeing On 15 June, Turkey’s Ministry of National
IS-held territories. Killings of women were Defence announced Operations Claw-Eagle
reported in the media. Yezidi children and and Claw-Tiger, targeting members of the
women who survived IS enslavement faced Kurdistan Workers Party and Free Life of
significant difficulties in accessing rights Kurdistan (PJAK) in the north of the KR-I. It
and reparations. IS resumed military subsequently carried out air strikes in the
operations against civilians and military KR-I, reportedly killing at least five Kurdish
targets, carrying out bomb attacks in cities civilians. Intermittent Iranian shelling
and assassinating community leaders. targeting PJAK members inside the KR-I
continued throughout the year.
BACKGROUND
In March, to curb the spread of COVID-19, EXCESSIVE USE OF FORCE
Iraq banned entry to travellers from several Iraqi security forces continued to use
countries, closed its border with Iran and excessive and unlawful force against largely
imposed a nationwide lockdown for two peaceful protests that had started in 2019.
weeks. Intermittent nationwide lockdowns Security forces used live ammunition and
followed throughout the year. Similar military-grade tear gas grenades, killing
measures were imposed in the Kurdistan dozens of protesters in Baghdad, Basra,
Region of Iraq (KR-I). Karbala, Diyala, Najaf and Nasriya. A PMU
Nationwide protests that began in October faction also used live ammunition against
2019, calling for better employment anti-government protesters in Basra, killing at
opportunities and public services, and an least one person and injuring four others.
end to government corruption, continued in
the first months of 2020 until they were Arbitrary arrests and detentions, and torture
temporarily halted by the outbreak of and other ill-treatment
COVID-19. Smaller protests resumed in May, Federal security forces continued to
most notably in the cities of Baghdad, Basra arbitrarily arrest activists and protesters,
and Nasriya. Protesters demanded arresting thousands of protesters in the first
accountability for violations by security two months of the year alone. By June, most
forces, including killings and enforced protesters had been released.
disappearances of protesters. In January in Baghdad, armed members
In the KR-I, protests were held throughout of Iraq’s Presidential Guard beat protesters,
the year over delayed or unpaid salaries to including children, and arrested others. In
civil servants. Basra, security forces violently dispersed
By the end of June 2020, over 4.7 million protesters, with some children being beaten
IDPs had returned to their areas of origin. until they lost consciousness. Other
However, returns decreased overall through protesters were subjected to ill-treatment that
the second quarter of 2020, partly due to could amount to torture.1 In May, security
COVID-19 restrictions, and more than 1.2 forces arrested at least three people, one of
million remained displaced, 207,000 of them them under the age of 18, as they were
in camps, 97,600 in critical shelters and heading to protests in Baghdad’s al-Khilani
915,000 in secondary or informal settlements square, and beat and sexually assaulted
such as unfinished or abandoned buildings them, according to medical workers. The
in several governorates. Prime Minister ordered the arrest of
On 3 January, a US drone strike in members of the security forces who had
Baghdad killed Iranian general Ghasem been near where the incident occurred.
Soleimani in a targeted attack.

196 Amnesty International Report 2020/21


FREEDOM OF EXPRESSION AND UNLAWFUL KILLINGS AND ENFORCED
ASSEMBLY IN THE KR-I DISAPPEARANCES
KRG security forces raided and shut down Throughout the year, unknown gunmen and
news outlets in the governorates of Dohuk PMU members targeted activists for
and Erbil, confiscating equipment and assassination or abduction, killing at least 30
beating and arresting journalists who had in Baghdad, Nasriya and Basra. Attempts
been covering protests. were made on the lives of more than 30
On 7 October, local police and KRG others, who escaped with injuries. By the end
security forces raided the home of journalist of the year, 56 activists had been subjected
Sherwan Sherwani in Erbil and arrested him to enforced disappearance. Those subjected
at gunpoint without explanation. He was held to enforced disappearance during the 2019
incommunicado until 26 October and the protests remained missing, including human
next day he was finally able to meet his rights lawyer Ali Jaseb Hattab, who was
lawyer. The KRG authorities later stated that abducted by PMU members in the southern
he was facing charges of “endangering city of Amarah on 8 October 2019.
public safety” under the Iraq Penal Code. IDPs, including children, with perceived
KRG security forces, accompanied by affiliation to IS were subjected to enforced
armed men in civilian clothes, also dispersed disappearance after their arrests at
protests. In May, in the city of Dohuk in the checkpoints, camps and in their areas of
KR-I, they violently dispersed a gathering of origin. Thousands of men and boys were still
teachers and civil servants protesting against missing after being arbitrarily detained for
delayed payment of salaries, arresting at least suspected links to IS and subjected to
167 protesters and media workers. Most enforced disappearance by central Iraqi
were released the same day or the following forces while fleeing IS-held areas between
week, but at least five remained in detention 2014 and 2018. They included hundreds
after the local authorities charged them who had been subjected to enforced
under Article 2 of KR-I Law No. 6 of 2008 for disappearance in Anbar governorate.
“the misuse of electronic devices” for their
role in organizing the protest. The KRG IMPUNITY
initially said it had dispersed the protest The newly appointed Prime Minister ordered
because the protesters had failed to obtain a investigations into the killing and injuring of
permit to hold the event, but subsequently protesters since 1 October 2019, promising
cited COVID-19 measures as the reason. All compensation for their families. However, by
those detained were eventually released on the end of the year, no results of these
bail. However, in August, one of the protest investigations had been made public, fuelling
organizers was arrested along with his son intermittent protests across the country.
from their home.2 In May, the Prime Minister ordered the
In December, protests broke out in closure of the headquarters of a PMU faction
Sulaymaniyah and other areas of the KR-I in Basra and the arrest of PMU members the
against unpaid wages and corruption. morning after an attack on protesters in the
Kurdistan authorities met protesters with city.
excessive force, leading to the death of tens In September, the Prime Minister ordered
of protesters, some as young as 17. counter-terrorism forces to rescue an
Authorities also arrested and released several abducted activist in the city of Nasriya, but
activists and journalists, while also severely the activist remained missing.
restricting the internet and banning press
coverage of the protests. INTERNALLY DISPLACED PEOPLE
The authorities continued to close and
consolidate IDP camps, subjecting thousands

Amnesty International Report 2020/21 197


of IDPs to secondary displacement. Some Lockdowns reduced the capacity of the
IDPs were forcibly removed from tents, and Iraqi and KRG authorities to operate normally,
electricity supplies were cut, in efforts to causing the closure of courts and civil status
close the camps. These operations were directorates. This resulted in further delays in
temporarily halted in March due to obtaining justice for many IDPs with
restrictions of movement to prevent the perceived ties to IS, already facing
spread of COVID-19 and resumed in administrative obstacles due to collective
November. punishment.
IDPs – mostly female-headed families –
with perceived affiliation to IS, continued to RIGHTS OF YEZIDIS
face obstruction, evictions and confiscation Iraq’s central government and the KRG fell
and/or destruction of their homes when short of their obligations to respect and
returning or attempting to return to their guarantee the rights to health, education,
areas of origin. Security agents continued to legal identity and family unity of Yezidi child
block and hinder their access to civil status survivors of IS as well as Yezidi women and
documentation and, in some cases, arrested girl survivors of IS enslavement.
lawyers who tried to help families obtain Hundreds of Yezidi children who had been
these documents.3 abducted by IS, enslaved, forced to fight,
Access to humanitarian assistance for raped and otherwise tortured, and subjected
IDPs and returnees worsened after to other egregious human rights abuses,
December 2019 when the authorities continued to face significant challenges after
suspended the issuing of access letters and their return to what remained of their families
visas to NGO workers. and relatives. Many were unable to re-enrol
The KRG continued to prevent Arab IDPs in school and faced barriers to obtaining new
originating from disputed territories to return or replacement civil status documents
to their areas of origin. essential for accessing basic rights in Iraq.
Psychosocial services and programmes
Impact of COVID-19 restrictions available to them fell short of meeting these
COVID-19 measures that restricted children’s rights and needs.
movement and reduced humanitarian Many Yezidi women who had been
workers’ presence in IDP camps adversely abducted by IS and given birth as a result of
affected IDPs, who rely solely on rape were forced to separate from their
humanitarian aid to survive, and left them children because of religious and societal
further isolated. As a result, some IDPs lost pressures.4
their jobs outside the camps or were forced
to leave the camps in order to keep their VIOLENCE AGAINST WOMEN AND GIRLS
jobs. The COVID-19 lockdown exacerbated the
Humanitarian aid workers reported that vulnerability of women and girls. Media and
their programmes that did not support public civil society organizations reported an
health services, particularly the prevention of increase in domestic violence, resulting in the
the spread of COVID-19, were reduced. This deaths of women, and in one incident, severe
adversely affected reconciliation efforts injuries to a young girl.5
essential to facilitate the safe return to their
areas of origin of IDPs with perceived ties to UNLAWFUL KILLINGS
IS. The move to virtual schooling meant Violent activity by IS, which had ceased since
education completely stopped for many 2018, resumed in 2020 and targeted security
displaced children as they did not have forces and a smaller number of civilians.
access to the internet and electronic devices. Renewed IS military operations in several
Lack of access to these devices similarly areas of Iraq were announced. IS activity
affected urban children. killed at least tens of civilians during 2020.

198 Amnesty International Report 2020/21


At Baghdad airport in September, at least
five children and two women were killed by a RIGHT TO HEALTH
rocket apparently aimed at US personnel. A parliamentary committee established to
Other diplomatic personnel, including a UN review the government’s initial handling of the
convoy, and affiliated institutions in Baghdad pandemic − the Special Committee on
and in the governorates of Najaf and Ninewa, COVID-19 Response − found it “totally
were also targeted. No groups claimed disproportionate” that 56% of all deaths from
responsibility for these attacks. COVID-19 were in nursing homes for older
people. It recommended a public inquiry and
DEATH PENALTY noted state over-reliance on institutional care
Authorities continued to hand down death for older people.
sentences and at least 50 men convicted of It also noted difficulties for those seeking
terrorism were executed, according to international protection and living in the
credible reports. Direct Provision system of shared
accommodation, including challenges of
physically distancing and self-isolating, as
1. Iraq: Protest death toll surges as security forces resume brutal
repression (Press release, 23 January) well as for health care workers living in this
2. Iraq: Police arrests teacher and protest organizer: Badal Abdulbaqi
system.
Aba Bakr Barwari (MDE 14/2396/2020) It recommended an inquiry into meat
3. Iraq: Marked for life – displaced Iraqis in cycle of abuse and processing factories, the source of several
stigmatization (MDE 14/3318/2020) outbreaks, with concerns about protection of
4. Iraq: Legacy Of terror: The plight of Yezidi child survivors of Isis (MDE workers from infection. It noted that workers
14/2759/2020) in this industry were particularly vulnerable to
5. Iraq: Open letter to Iraq's new Prime Minister (MDE 14/2290/2020) poor working conditions which could
exacerbate the risks from COVID-19.

IRELAND Spit hoods


There were concerns over An Garda
Ireland Siochána’s (police) deployment of spit hoods
Head of state: Michael D. Higgins to protect police from COVID-19 infection via
Head of government: Micheál Martin (replaced Leo spitting. This was despite evidence that this
Varadkar in June) device did not prevent aerosol transmission,
potentially exacerbating the risk to police and
The government response to COVID-19 the wider public.1 A particular concern was
raised human rights concerns, including in their use on children and people with mental
relation to the right to health, the health problems.
enactment of emergency legislation without
parliamentary oversight, and police use of STATE OVERREACH
spit hoods. Increased numbers of people The Special Committee on COVID-19
accessed abortion services under the 2018 Response criticized emergency legislation
law, but gaps remained. The European enabling the government to make regulations
Committee for the Prevention of Torture was without Oireachtas (Parliament) review or
critical of support available for prisoners approval. It also recommended that all
with mental health problems. The proposed emergency measures be human
government committed to replacing the rights-proofed.
Direct Provision system of shared
accommodation for those seeking SEXUAL AND REPRODUCTIVE RIGHTS
international protection, and to holding a In June, the first annual report on the 2018
constitutional referendum on housing. legislation, which expanded lawful access to
abortion services, showed 6,666 pregnant

Amnesty International Report 2020/21 199


people accessed abortion care in 2019, up government undertook to publish a policy
from 32 in 2018. UK Department of Health document outlining its reform plans.
and Social Care statistics published in June
showed 375 women travelled from Ireland to RIGHT TO HOUSING
access abortion services in England and The new government committed to
Wales in 2019. This highlighted remaining scheduling a constitutional referendum on
gaps and barriers, such as the lack of lawful housing. However, it was not clear if this
access in cases of severe rather than fatal would propose enshrining a right to housing,
foetal impairments. as had been recommended by the
government-established Constitutional
INTERNATIONAL SCRUTINY Convention in 2014.
In November, the European Committee for
the Prevention of Torture published the report RIGHTS OF SEX WORKERS
of its 2019 periodic visit to Ireland. It A study published by HIV Ireland in
welcomed the recent policy abolishing September found that the 2017 law
solitary confinement, but recommended criminalizing the purchase of sex had a
measures to ensure de facto solitary negative impact on the safety, health and
confinement was addressed. Amongst its well-being of sex workers.
concerns was the continued unsuitable In September, the government
placing of immigration detainees in prison commissioned an independent expert to
together with remand and convicted review the operation of this law. This law had
prisoners, where in some cases they were also retained the criminal offence of ‘‘brothel-
subjected to abuse and bullying. While keeping’’, which continued to impact sex
finding very good access to health care, the workers’ human rights. The report of this
Committee noted poor conditions and review was expected in 2021.
inadequate treatment in high support units
for prisoners with mental health problems.
1. Gardai’s use of spit hoods may increase risk of spread of COVID-19
Another major concern was the rising (Press release, 25 June)
number of homeless people with severe
mental health problems ending up in prison.
The Committee also found the complaints
system available to prisoners not fit for
ISRAEL AND THE
purpose.
OCCUPIED
RIGHTS OF REFUGEES AND ASYLUM-
SEEKERS
Following longstanding concerns about poor
PALESTINIAN
living conditions, mental health impacts,
isolation, and lack of dignity and privacy in
TERRITORIES
the Direct Provision system for State of Israel
accommodating international protection Head of state: Reuven Rivlin
seekers, the new government in June Head of government: Benjamin Netanyahu
committed to replacing it with a more human
rights-compliant housing model. In October,
a government-appointed Advisory Group Israel continued to impose institutionalized
made recommendations for a long-term discrimination against Palestinians living
approach to the provision of housing and under its rule in Israel and the Occupied
support, as well as improvements in the Palestinian Territories (OPT). It displaced
international protection process. The hundreds of Palestinians in Israel and the
occupied West Bank, including East

200 Amnesty International Report 2020/21


Jerusalem, as a result of home demolitions plans following diplomatic deals with the
and imposition of other coercive measures. United Arab Emirates and Bahrain in
Israeli forces continued to use excessive September. The parliament was again
force during law enforcement activities in dissolved in December, triggering another
Israel and the OPT. Israeli forces killed 31 round of elections in three months’ time.
Palestinians, including nine children, in the Israel imposed lockdown measures in
OPT; many were unlawfully killed while March and in September to contain the
posing no imminent threat to life. Israel spread of COVID-19, triggering waves of
maintained its illegal blockade on the Gaza protests calling on the Prime Minister to step
Strip, subjecting its residents to collective down. The measures allowed the Israel
punishment and deepening the Security Agency (ISA) to use surveillance
humanitarian crisis there. It also continued capabilities usually reserved for Palestinians
to restrict freedom of movement of to trace COVID-19 infections. The Prime
Palestinians in the OPT through Minister’s trial on corruption charges began
checkpoints and roadblocks. The Israeli in May.
authorities arbitrarily detained in Israel In February, the Palestinian armed group
thousands of Palestinians from the OPT, Islamic Jihad fired around 80 rockets and
holding hundreds in administrative mortar shells from the Gaza Strip towards
detention without charge or trial. Torture Israel, causing minor injuries to over 20
and other ill-treatment of detainees, people, after Israeli forces killed an Islamic
including children, were committed with Jihad operative. The Israeli army carried out
impunity. The authorities used a range of multiple airstrikes in Gaza, injuring 12
measures to target human rights defenders, Palestinians, according to the Palestinian
journalists and others who criticized Israel’s Ministry of Health in Gaza.
continuing occupation of the West Bank, In August and September, Israel launched
Gaza Strip and Syrian Golan Heights. artillery and airstrikes against Gaza in
Violence against women persisted, retaliation for incendiary balloons and kites
especially against Palestinian citizens of launched from Gaza into Israel. Palestinian
Israel. The authorities denied asylum- armed groups launched indiscriminate
seekers access to a fair or prompt refugee rockets into Israel in response.
status determination process. Conscientious In August, Israel launched airstrikes
objectors to military service were against Hizbullah targets in Lebanon after it
imprisoned. said that shots were fired from Lebanon into
Israel. Israel also launched airstrikes against
BACKGROUND Iranian and Hizbullah targets in Syria.
Israel held parliamentary elections in March, In July, a district court rejected a case to
the third in just over a year. In May, the two force the Ministry of Defense to revoke the
largest parties in the Knesset, Likud and the export licence of spyware company NSO
Blue and White alliance, reached a power- Group, dealing a blow to victims of unlawful
sharing agreement that included an and targeted international surveillance.
announcement that Israel would further
annex territories in the occupied West Bank FORCIBLE TRANSFERS, FORCED
starting in July 2020. This followed US EVICTIONS AND DEMOLITIONS
President Donald Trump’s announcement of Israel demolished 848 Palestinian residential
his “deal of the century”, which included a and livelihood structures in the occupied
formal extension of Israel’s sovereignty over West Bank, including East Jerusalem,
the Jordan Valley and the vast majority of the displacing 996 people, according to the UN
illegal settlements in the rest of the occupied Office for the Coordination of Humanitarian
West Bank in exchange for land currently Affairs (OCHA). Israeli authorities said many
inside Israel. Israel postponed the annexation of the demolished buildings lacked Israeli-

Amnesty International Report 2020/21 201


issued permits, which are virtually impossible Adalah-The Legal Center for Arab Minority
for Palestinians to obtain, or were in closed Rights in Israel, Israel maintains over 65 laws
military zones. The law of occupation that discriminate against Palestinians.
prohibits such destruction unless necessary Local Palestinian councils in Israel went on
for military operations. strike to protest against discrimination in the
In other cases, Israel confiscated distribution of the state budget for local
residential and livelihood structures, councils. The vast majority of Palestinians in
including some that were donated for Israel, comprising over 20% of the total
humanitarian purposes. Israeli forces also population, live in around 139 towns and
punitively demolished at least six Palestinian villages. They received only 1.7% of the state
homes, leaving 22 people, including seven budget for local councils.
children, homeless, according to B'Tselem. In August, Adalah and the Arab Center for
Punitive demolitions constitute collective Alternative Planning filed a petition to the
punishment and are prohibited under Israeli Supreme Court on behalf of 10 local
international law. Palestinian councils and dozens of
On 5 March, Israeli forces demolished the Palestinian citizens of Israel against
homes of Walid Hanatsheh, in Ramallah, and government policy discriminating against
Yazan Mughamis, in Birzeit, displacing six these communities in the distribution of
Palestinians, after an Israeli court rejected a housing, construction and land development
petition by the families against the punitive benefits compared to neighbouring Jewish
demolition. On 11 March, Israeli forces communities that enjoy higher socio-
punitively demolished the home of Qassam economic status and have access to such
Barghouti in Kobar village near Ramallah. benefits.
The three men are in prison in Israel for Israel continued to deny Palestinians from
alleged involvement in an attack in August the West Bank and Gaza married to
2019 that killed an Israeli civilian and injured Palestinian citizens of Israel the right to
two others outside Ramallah city in the nationality by enforcing the discriminatory
occupied West Bank. Entry to Israel Law.
Israeli settler organizations initiated, with In December, the magistrate court in
the support of the Israeli authorities, forcible Krayot, near Haifa, rejected a petition for
evictions of Palestinians from their homes in access to education by Palestinian citizens of
East Jerusalem. Israel living in Karmiel, citing the
OCHA estimated in December that around discriminatory Nation State Law. The decision
200 Palestinian households in the occupied said that establishing an Arabic school in the
West Bank, including East Jerusalem, had town or funding transport for its Palestinian
eviction cases pending against them, placing residents to study in Arabic schools in nearby
800 adults and children at risk of communities would undermine the town’s
displacement. “Jewish character”.
Israeli authorities demolished at least 29 In December, the Israeli Health Ministry
residential and livelihood structures that began the distribution of COVID-19 vaccines
belonged to Bedouin citizens living in that excluded the nearly 5 million
“unrecognized” villages in the Negev/Naqab, Palestinians who live under Israeli military
according to the Negev Coexistence Forum, occupation in the West Bank and Gaza Strip.
an Israeli NGO.
UNLAWFUL KILLINGS AND EXCESSIVE
DISCRIMINATION USE OF FORCE
Israel continued to discriminate against Israeli military and police used unnecessary
Palestinian citizens of Israel in areas of and excessive force during law enforcement
planning, budget allocation, policing and activities, including search and arrest
political participation. According to the

202 Amnesty International Report 2020/21


operations, and when policing On 2 February, following an exchange of
demonstrations. attacks between Israeli forces and Palestinian
Military and security forces killed at least armed groups, Israel cancelled the permits of
31 Palestinians, including nine children, in 500 traders from Gaza that enable their
the Gaza Strip and West Bank, according to holders to travel to Israel and the West Bank
OCHA. Many were unlawfully killed by live for business. The permits were reactivated on
ammunition or other excessive force when 18 February.
posing no imminent threat to life. Some of the On 18 June, Omar Yaghi, a baby with a
unlawful killings appeared to be wilful, which cardiac condition, died in Gaza after Israel
would constitute war crimes. denied the family a permit to enter Israel for a
Israeli forces frequently used excessive scheduled operation on 24 May at the Sheba
force against protesters in Kufr Qadum who Medical Center in Ramat Gan city.
continued weekly protests against In the West Bank, at least 593 Israeli
settlements and settlement expansion. checkpoints and roadblocks continued to
According to OCHA, 214 protesters and heavily restrict the movement of Palestinians
bystanders were injured during the year. and access to rights, including health,
On 15 February, Israeli forces shot and education and work. Holders of Palestinian
injured in the eye nine-year-old Malek Issa identification cards faced an ongoing bar on
while he was returning home from school in using roads built for Israeli settlers.
the East Jerusalem neighbourhood of Israeli restrictions on freedom of
Issawiya. No clashes were recorded at the movement continued to impede Palestinians’
time, according to OCHA. Israeli forces were access to health care, posing further threats
maintaining a violent and intense police to vulnerable populations during the
operation in Issawiya as a form of collective COVID-19 pandemic. Lack of access to
punishment. hospitals and specialized clinics during the
Israeli forces frequently opened fire on pandemic particularly affected Palestinian
fishermen and farmers in Gaza. According to residents of the East Jerusalem
Al Mezan Center for Human Rights, 12 neighbourhoods of Kufr Aqab and Shu’fat
fishermen and five farmers were injured. Refugee Camp, which are segregated from
the rest of the city by military structures,
FREEDOM OF MOVEMENT including checkpoints, and the fence/wall.
For the 13th consecutive year, Israel
continued its illegal air, land and sea ARBITRARY DETENTION
blockade of the Gaza Strip, restricting the Israeli authorities conducted hundreds of
movement of people and goods in and out of raids throughout the West Bank to arrest
the area, which continued to have a Palestinians, usually at their homes at night.
devastating impact on the human rights of Those arrested were detained in prisons in
Gaza’s 2 million inhabitants. Israel stopped Israel, along with thousands of other
the entry of construction materials and fuel Palestinians from the OPT arrested in
into Gaza repeatedly. This shut down the only previous years. This violated international
power plant in Gaza, leading to a further humanitarian law, which prohibits the
reduction in the supply of electricity, which transfer of detainees into the territory of the
had already been available for only about four occupying power.
hours a day. Israel also imposed a full Israeli authorities used renewable
maritime closure and repeatedly limited entry administrative detention orders to hold
of goods to food and medicine only. The Palestinians without charge or trial. Some
measures amounted to collective punishment 4,300 Palestinians from the OPT, including
at a time of increasing COVID-19 infections in 397 administrative detainees, were held in
Gaza. Israeli prisons as of December, according to
the Israel Prison Service. Many families of

Amnesty International Report 2020/21 203


Palestinian detainees in Israel, particularly Israel continued to deny human rights
those living in Gaza, were not permitted entry bodies entry to the OPT, including the UN
to Israel to visit their relatives. Special Rapporteur on the situation of human
On 16 July, Israeli forces arrested Iyad rights in the OPT.
Barghouti, an astrophysicist and professor at On 30 July, Israeli forces arrested
Jerusalem’s Al-Quds University, at a Mahmoud Nawajaa, a human rights defender
checkpoint near Jerusalem and placed him and co-ordinator of the Boycott, Divestment
in administrative detention. He had and Sanctions movement in the occupied
previously been administratively detained in West Bank, from his home in Ramallah. A
2014 and 2016. prisoner of conscience, he was released
Israel held 157 Palestinian children in without charge on 17 August.
prison, including two in administrative On 13 November, the Jerusalem District
detention, as of October. Defense for Children Court rejected a petition by Amnesty
International Palestine said that children were International against the arbitrary and
interrogated without their parents present punitive travel ban imposed on its employee,
and placed with adults in prison. Under human rights defender Laith Abu Zeyad. For
international law, detention of children should undisclosed reasons, Israeli security forces
be a measure of last resort and for the continued to bar him from entering occupied
shortest appropriate time. East Jerusalem and from travelling abroad
through Jordan.
UNFAIR TRIALS
Palestinian civilians, including children, from RIGHTS OF REFUGEES, ASYLUM-
the OPT were prosecuted in military courts SEEKERS AND MIGRANTS
that did not meet international fair trial Israel continued to deny asylum-seekers
standards. access to a fair and prompt refugee status
determination process, leaving many without
TORTURE AND OTHER ILL-TREATMENT access to basic services. About 31,000
Israeli soldiers, police and ISA officers asylum-seekers were living in Israel.
continued to torture and otherwise ill-treat
Palestinian detainees, including children, GENDER-BASED VIOLENCE
with impunity. Reported methods included Violence against women persisted in Israel,
beating, slapping, painful shackling, sleep especially against Palestinian citizens.
deprivation, use of stress positions and At least 21 women were killed as a result
threats of violence against family members. of gender-based violence.
Prolonged solitary confinement, sometimes
lasting months, was commonly used as a CONSCIENTIOUS OBJECTORS
punishment. At least four Israeli conscientious objectors to
Israeli forces occasionally denied medical military service were imprisoned. Hillel Rabin
help for Palestinians injured during law spent 56 days in military prison for refusing
enforcement activities. to serve in the Israeli army citing oppressive
policies against Palestinians.
FREEDOMS OF EXPRESSION AND
ASSOCIATION
The authorities used a range of measures,
including raids, incitement campaigns,
ITALY
movement restrictions and judicial Italian Republic
harassment, to target human rights Head of state: Sergio Mattarella
defenders who criticized Israel’s continuing Head of government: Giuseppe Conte
military occupation of Palestinian and Syrian
territories.

204 Amnesty International Report 2020/21


The authorities took decisions which authorities failed to make public crucial data
increased the risk of COVID-19 infection for and information related to the impact of
older people in care homes leading to COVID-19 in care homes.
preventable deaths. Refugees’ and Care home workers lacked personal
migrants’ access to Italian territory was protective equipment and testing, putting
limited and their rights were restricted them at heightened risk of COVID-19
during lockdown. Co-operation with Libyan infection.
authorities on migration continued. The
criminalization of rescue NGOs persisted. REFUGEES, ASYLUM-SEEKERS AND
There were numerous deaths in custody and MIGRANTS
reports of torture. Poor and homeless By the end of the year, 34,154 people −
people endured lockdown with inadequate including 4,631 unaccompanied minors −
housing. Domestic violence cases rose had arrived irregularly by sea.
during lockdown. On 7 April, Italy closed its ports to
disembarkations and declared that due to the
BACKGROUND pandemic the country was not a place of
COVID-19 cases started early in the year, with safety for rescues carried out by foreign-
the north of the country worst hit. By the end flagged ships outside its search and rescue
of March, the health and burial systems of (SAR) region. The measure appeared to
the Lombardy region were overwhelmed. target NGO ships which were often left at sea
Unprecedented measures were put in place for days without instructions after rescues.
to isolate some towns and later all northern When transfer to Italy was authorized,
regions, before lockdown measures were rescued people were placed in quarantine
extended to the rest of the country on 9 generally for two weeks on large ships before
March. Emergency measures by decree were being transferred ashore. Hundreds of
adopted from February, restricting movement refugees and migrants arrived autonomously,
and limiting gatherings. The government mostly at the island of Lampedusa, leading to
started lifting national lockdown restrictions severe overcrowding of the local reception
on 3 May, but further national and regional centre. Refugees and migrants there faced
restrictions were imposed towards the end of difficulties adhering to physical distancing;
the year. their quarantine time was reset at each new
arrival.
RIGHT TO HEALTH A 15-year-old unaccompanied boy from
By the end of the year, over 74,159 people Côte d’Ivoire died in a hospital in Palermo,
had died with COVID-19. Older people Sicily, in October, after serving quarantine on
accounted for 85.7% of the total. a ship where doctors had requested an
The impact of COVID-19 varied earlier disembarkation due to his
significantly among different parts of the deteriorating health. He had reportedly
country, with older people in care homes in showed signs of torture suffered in Libya.
the north being particularly affected. In December, Parliament reformed the two
Decisions at the national and local level, security laws, known as “security decrees”,
along with the failure to implement adequate passed in 2018 and 2019. The new Law
protection mechanisms, increased residents’ 173/2020 reintroduced humanitarian
risk of exposure to the virus. Some regional protection, which had been abolished in
government and health authorities allowed 2018 and had deprived some 37,000 people
the discharge of infected or potentially of a regular status. It also reduced the
infected patients from hospitals into care maximum length of stay in detention centres
homes without ensuring adequate for repatriation, from 180 to 90 days.
mechanisms were in place to care for them. Improved assistance and reception for
The national, regional and local health

Amnesty International Report 2020/21 205


asylum-seekers were also reintroduced in migrants continued to face torture and other
smaller structures, facilitating integration. systematic abuse (see Libya entry).
In January, the Council of Europe
Criminalization of solidarity Commissioner for Human Rights called on
The authorities continued to penalize NGOs Italy to suspend co-operation activities which
for their rescue activities at sea. Ships were result − directly or indirectly − in the return to
inspected and seized and fines repeatedly Libya of people intercepted at sea. However,
issued.1 the 2017 Memorandum of Understanding
There were some positive developments with Libya, underpinning the collaboration
for rescue NGOs. In February, the Court of between the two countries on border control,
Cassation in the capital, Rome, ruled that the was automatically extended for a further
arrest of the Sea Watch 3 captain, Carola three years. In February, the Italian
Rackete, in June 2019 had been unlawful. government proposed some light
She had entered territorial waters despite the amendments, emphasizing the need to
authorities’ prohibition. The Court noted that improve human rights guarantees for
she was fulfilling her duty to rescue people at refugees and migrants, but these were not
sea, and that a rescue operation ends with accepted by the Libyan Government of
disembarkation in a place of safety. In National Accord. Italy nonetheless continued
November, the Tribunal of Ragusa, Sicily, to support Libyan maritime authorities,
dismissed smuggling charges against two including by extending the deployment of
crew members of the NGO Proactiva Open Italian military personnel in Libya.
Arms in relation to a rescue in 2018, In May, the Tribunal of Messina, Sicily,
recognizing that they acted in a “state of condemned at first instance three foreign
necessity”. nationals to 20 years’ imprisonment for
The 10 crew members of the Iuventa torture of refugees and migrants in a
rescue ship were still awaiting the closure of detention centre in Zawiya, Libya.
an investigation for facilitating irregular entry, In August, five Eritrean asylum-seekers
initiated in 2017 by prosecutors in Trapani, landed in Rome, carrying visas granted by
Sicily. the Italian authorities to enable them to seek
Law 173/2020, passed in December, asylum in Italy. The issuance of visas had
abolished the prohibition on entering been ordered by an Italian court in 2019,
territorial waters for rescue ships and the ruling that the group had been unlawfully
associated heavy administrative fines, pushed back to Libya 10 years earlier.
provided rescues were conducted according The trial of the former Minister of Interior
to international law, co-ordinated by the for the unlawful deprivation of liberty of over
competent maritime authorities, and the flag 100 rescued people on the Italian coastguard
state of the rescue ship was informed. ship Gregoretti in July 2019, started in
However, violations remained punishable with October before the Tribunal of Catania, Sicily.
criminal fines of up to €50,000 and
imprisonment of up to two years. The RIGHT TO LIFE
Minister of Interior could still prohibit entry Numerous deaths in custody in prisons and
into territorial waters for public order and repatriation centres were recorded, against
security reasons and in cases of human the background of increased isolation of
trafficking. detainees from society and a reduction of
services, including of mental health care
Co-operation with Libya provision, due to the COVID-19 pandemic. In
Co-operation with Libya on border control March, there were 13 deaths in prisons
continued, leading to over 11,265 people following unrest in some establishments.
being intercepted by Libyan authorities and Several deaths were due to overdose when
disembarked in Libya, where refugees and

206 Amnesty International Report 2020/21


detainees gained access to the infirmaries’ and with inadequate access to drinking water
medical supplies. and food.
Two men, Georgian and Albanian Many homeless people across the country
nationals, died in January and July could not access safe accommodation during
respectively in the repatriation centre of the lockdown and struggled to find food and
Gradisca d’Isonzo, Friuli-Venezia Giulia. assistance due to the closure of public
Investigations were ongoing at the end of the kitchens and dormitories where COVID-19
year. cases had been recorded.

TORTURE AND OTHER ILL-TREATMENT WOMEN’S RIGHTS


There were numerous reports of torture and Women’s rights NGOs reported an increase in
other cruel, inhuman or degrading treatment domestic violence during lockdown. Official
by prison staff and police officers. data recorded over 23,000 calls to a national
Investigations were ongoing into reports help line which in 2019 received
that prison officers beat detainees, leaving approximately 13,400.
several gravely injured, at the Santa Maria In October, the Council of Europe
Capua Vetere prison, near Naples, on 6 April, Committee of Ministers (the Committee),
when some 300 prison officers were brought supervising the implementation of the ruling
in for an inspection. by the European Court of Human Rights in
In July, prosecutors in Turin, Piedmont, Talpis v. Italy, expressed concern at the high
accused 25 people, including the prison rate at which proceedings for domestic
director and many officers, of committing or violence were discontinued at pre-trial stage.
facilitating torture and other ill-treatment The Committee requested that by 31 March
against detainees between March 2017 and 2021, the authorities provide information and
September 2019. data about protection orders and risk
The trial of five prison officers and a doctor assessments for victims.
charged with torture in relation to a 2018 The prevalence of gynaecologists who
case in the prison of San Gimignano, Siena, objected to abortion for reasons of
was ongoing at the end of the year. A further conscience remained a significant obstacle to
15 prison officers remained under access the right to abortion. In August, the
investigation. Ministry of Health approved new guidance to
extend access to medical abortion.
RIGHT TO HOUSING AND FORCED
EVICTIONS 1. Europe: Punishing compassion: Solidarity on trial in fortress Europe
In March, the government suspended (EUR 01/1828/2020)
evictions and subsequently extended the
measure until the end of the year. Despite
this, in August local authorities forcibly
evicted the Roma settlement of Foro Italico in
JAPAN
Rome. Most of the residents had abandoned
Japan
their homes in the days preceding. Many
Head of government: Yoshihide Suga (replaced Shinzo
families were left homeless. Abe in September)
Local authorities failed to ensure that
migrant workers employed to pick fruit −
often in exploitative conditions − in the Piana The government introduced measures to
di Gioia Tauro, Calabria, had access to prevent harassment of LGBTI people at
adequate protection against COVID-19, work, but no law was passed to protect
including adequate housing. Hundreds of them from overall discrimination. Domestic
migrants endured the pandemic in informal violence against women increased during
settlements without electricity and sanitation, the COVID-19 pandemic. The authorities’

Amnesty International Report 2020/21 207


responses to the pandemic excluded certain opportunity in 2015. Although no criminal
ethnic minorities. charges were brought against him, the
verdict was considered a major step for the
BACKGROUND #MeToo movement in the country, where
On 28 August, Shinzo Abe announced his victims of sexual harassment or other such
resignation after serving as prime minister for abuse rarely speak up. Despite winning the
almost eight consecutive years. The Tokyo court case, Shiori Ito faced further attacks on
Olympics and the UN Congress for Crime social media, which led her to file defamation
Prevention and Criminal Justice, both lawsuits in June against a woman cartoonist
scheduled for 2020, were postponed until and two men.
2021 due to the COVID-19 pandemic.
DISCRIMINATION
LESBIAN, GAY, BISEXUAL, During the COVID-19 pandemic, health
TRANSGENDER AND INTERSEX (LGBTI) workers and their families faced
PEOPLE discrimination in access to services.
In June, a law was revised with the goal of According to media reports, some health
ensuring that companies take measures to workers were subject to abuse during house
stop employees from being harassed by staff calls, or were denied medical care, taxi or
in positions of relative power. The revision restaurant services. The family members of
included provisions to protect LGBTI people some health workers were suspended from
from “outing” or other abuse based on sexual work. Although the authorities warned that
orientation, gender identity and expression. discrimination against health workers and
Small and medium enterprises had until April their families was unacceptable, there were
2022 to introduce relevant measures, while media reports that children of health workers
compliance from larger companies was were denied day care services and access to
expected immediately. recreational facilities, or became targets of
The national government took no steps bullying.
towards the legal recognition of same-sex Authorities responsible for distribution of
marriage, but an increasing number of local COVID-19 assistance discriminated against
municipalities introduced ordinances or ethnic Korean schools. In March, the city
guidelines that acknowledged same-sex government of Saitama excluded an ethnic
unions. There were 69 such municipalities, Korean kindergarten from an initiative to
covering approximately one third of the distribute face masks to workers providing
population at year’s end. A bill introduced in care or education to pre-school children.
2018 by opposition political parties to outlaw Students at the Korea University in Tokyo
discrimination against LGBTI people were excluded from government payments
remained under examination at the national designed to help students facing financial
Diet (parliament) at year’s end. difficulties caused by the pandemic. The
university is attended primarily by ethnic
VIOLENCE AGAINST WOMEN Koreans, some of whom were Japanese
The numbers of women reporting domestic citizens.2
violence, which had been on the rise for 16
consecutive years, increased sharply during REFUGEES, ASYLUM-SEEKERS AND
the COVID-19 pandemic.1 There were 13,000 MIGRANTS
reported cases in April, 29% higher than the In March, the authorities reported that 44 out
same month in 2019. of 10,375 asylum applications in 2019 were
Journalist Shiori Ito won a civil lawsuit in accepted as refugees. Existing laws allowed
December 2019 against a high-profile male the authorities to indefinitely detain
journalist, who had sexually assaulted her undocumented foreign nationals, including
after inviting her to dinner to discuss a job asylum-seekers and irregular migrants, until

208 Amnesty International Report 2020/21


such time as their deportation took place.
When considering the detention of two
asylum-seekers in August, the UN Working
JORDAN
Group on Arbitrary Detention stated that such Hashemite Kingdom of Jordan
detention was arbitrary and discriminatory. Head of state: Abdullah II bin al-Hussein
During the COVID-19 pandemic, detainees Head of government: Bisher al-Khasawneh (replaced
in immigration facilities complained of Omar al-Razzaz in October)
overcrowding, poor ventilation and lack of
adequate distancing measures to protect The authorities announced a state of
them from infection. To reduce the number of emergency in March to combat COVID-19,
individuals in immigration detention facilities, giving the Prime Minister sweeping powers
the authorities provisionally released more allowing for the detention of at least 13
than half of all detained foreign nationals journalists critical of the government and
scheduled for deportation starting in April, the King, and those accused of “spreading
but did not give them permission to work nor panic about COVID-19”. The COVID-19
the means of an adequate standard of living. lockdown saw a spike in domestic violence.
Instead, civil society organizations provided Migrant workers were left stranded with
assistance for their survival. unpaid wages. Child labour increased as the
economic impact of the pandemic pushed
DEATH PENALTY many families into poverty. Children of
While no executions took place during the Jordanian mothers and non-Jordanian
year, the government took no steps towards fathers were left without access to
abolishing the death penalty. People with emergency state funding. Some Syrian
intellectual and psychosocial disabilities refugees were left without humanitarian aid,
continued to be at risk of execution. In and many others lost their jobs and
February, the Osaka District Court denied returned to government-controlled areas in
Kenji Matsumoto’s eighth request for a retrial. Syria.
He was sentenced to death in 1993 after
police allegedly coerced him into BACKGROUND
“confessing” to two robberies and murders. In March, the King enacted Defence Law No.
He was born with a severe intellectual 13 of 1992, declaring a state of emergency
disability, and developed a delusional and giving the Prime Minister sweeping
disorder while in detention. powers to take “all measures necessary” to
In December, the Supreme Court combat COVID-19. The Prime Minister
overturned a 2018 Tokyo High Court decision pledged to implement it to the “narrowest
denying a retrial of the case against Iwao extent” and in a manner that would not
Hakamada, who had spent 46 years on death impinge on political rights, freedom of
row. expression or private property.
Jordan remained a member of the Saudi
Arabia-led coalition in the armed conflict in
1. The rise of 'corona divorce' amid Japan’s domestic violence shadow
pandemic (News story, 17 August) Yemen.
2. Japan: Submission to the UN Human Rights Committee – 130th
session, 12 October – 6 November 2020 (ASA 22/3065/2020) FREEDOMS OF EXPRESSION AND
ASSEMBLY
The authorities continued to curtail freedom
of expression and peaceful assembly.
The crackdown on journalists and activists
continued, including through harassment of
journalists in relation to the government’s
COVID-19 measures.

Amnesty International Report 2020/21 209


On 15 April, following the declaration of gagging orders on various human rights
the state of emergency, the Prime Minister issues, including those involving domestic
issued a decree stipulating that disseminating violence.
news that could “cause panic” over
COVID-19 would carry a penalty of up to WORKERS’ RIGHTS
three years in prison. By the end of the year, On 25 July, after a protracted dispute
at least 13 journalists had been arrested between the government and the teachers’
under the decree, most of whom were union over a pay increase, security forces
released soon after. In November, Fares raided 13 union branches, arresting 13 board
Sayegh, owner of Roya TV, and its news members. In the following days, the
director, Mohamad al-Khalidi, were arrested authorities also arrested dozens of union
for airing a segment “criticizing the King”, members. The Attorney General then issued
after they showed Jordanian residents a gagging order, which banned any public
complaining about the economic impact of discussion of the case, and an order to shut
the COVID-19 lockdown. The two men were down the union for two years. Tensions had
detained for 14 days. resurfaced over the government’s decision to
On 1 and 23 July, the Ministry of freeze public sector pay until the end of 2020
Education blocked access to popular social due to COVID-19, breaching a commitment
media apps throughout the country for to increase salaries by 50%. The union’s
several hours, saying, according to the closure triggered new protests in early
Jordan Open Source Association, that the August; two journalists covering the protests
measure was to curb cheating during school were arrested and held for a few hours, while
examinations. two others were beaten.
On 28 July, Tujan al-Bukhaiti, a 17-year- On 31 December, a court in Amman
old Yemeni refugee, was found not guilty of ordered the dissolution of the teachers’ union
the charges of “blasphemy” and “insulting and the arrest of its board members,
religious feelings” after an eight-month trial. following investigations into accusations of
The Juvenile Police had summoned her for “corruption” and “incitement over social
questioning following a report by the media” that began in August. Soon after, four
Cybercrime Unit over social media posts that board members were arrested but then
included re-posts of Facebook statuses of her released on bail after the union’s lawyer filed
father, Ali al-Bukhaiti, that discussed cultural an appeal.
and religious topics in December 2019.
In August, journalist and cartoonist Imad WOMEN’S RIGHTS
Hajjaj was arrested over a caricature Provincial governors continued to use the
criticizing the deal to normalize relations Crime Prevention Law to administratively
between the United Arab Emirates and Israel. detain women, often for months and for
His case was referred to the State Security discriminatory reasons, such as for being
Court for “carrying out acts undermining “absent from home” without a male
Jordanian relationships with a friendly guardian’s permission, or for having sex
country”. According to findings by Human outside marriage (zina), begging or
Rights Watch, after the enactment of Defence homelessness. Dar Amneh, a shelter for
Law No. 13, the General Intelligence women at risk of being killed by family
Directorate regularly contacted several members, continued to provide an alternative
journalists, asking them questions about their to the administrative detention of women at
work and warning them against covering risk in “protective custody”. However, women
certain issues. Journalists said that the were not allowed to leave the shelter without
authorities intentionally withheld permits and/ the approval of a provincial governor.
or permission for them to attend and cover Women’s rights groups noted an increase
certain events. The authorities also used in domestic violence cases during the

210 Amnesty International Report 2020/21


COVID-19 lockdown, including in Syrian Migrant workers peacefully protesting for
refugee communities and among migrant their rights were met with tear gas, as
domestic workers. The Family Protection Unit happened when Sri Lankan migrant domestic
affiliated to the Public Security Directorate, workers protested in July about the
which was established to respond to authorities continuing to ignore their
domestic violence and sexual assaults, had demands.
been overwhelmed. There was also a drop in
cases of people seeking protection from the CHILDREN’S RIGHTS
authorities or turning to women’s state Citizenship laws continued to discriminate
shelters. Other measures were introduced, against children of Jordanian mothers and
such as tele-counselling and a hotline, but non-Jordanian fathers who, unlike children of
women’s groups reported that these could Jordanian fathers married to non-Jordanians,
only offer limited support. were denied Jordanian citizenship. This
Despite legislative changes in 2017 and effectively deprived those children from
some positive steps reported by women rights benefiting from the emergency fund set up
activists towards taking such crimes more by the Ministry of Social Development to
seriously, there were no concrete measures to counter the economic fallout of COVID-19,
address domestic violence and so-called especially in cases where the mother was not
“honour” killings, both of which were present to apply for the aid herself. According
particularly prevalent in Jordan. On 17 July, a to rights groups, the economic impact of
widely disseminated video of the brutal public COVID-19 led to an increase in child
killing by her father of a woman named only labourers.
as Ahlam triggered protests. The authorities
failed to take any action to hold the father RIGHTS OF REFUGEES AND ASYLUM-
accountable or to respond in any other way. SEEKERS
Jordan continued to host approximately
MIGRANT WORKERS’ RIGHTS 655,000 Syrians, 67,000 Iraqis, 15,000
Migrant workers continued to be Yemenis, 6,000 Sudanese nationals and
inadequately protected from abuse by their 2,500 refugees from 52 other countries
employers and agents and remained at risk registered with UNHCR, in addition to over 2
of arbitrary detention. Their vulnerable million Palestinian refugees registered with
situation was aggravated by COVID-19, as the the UN Relief and Works Agency.
pandemic led to a plethora of abuses, At least 10,000 Syrian refugees remained
including arbitrary dismissals and unpaid in the “berm”, a no man’s land in the desert
wages. Rights groups indicated that many along the Jordanian-Syrian border. In March,
migrant workers lost their jobs and rarely had Jordan announced it would bar aid convoys
access to social protection or alternative from crossing through its territory to deliver
employment, as only Jordanian daily workers assistance and medical equipment to the
and those with active social security accounts refugees, citing COVID-19 concerns.1 The
benefited from emergency in-kind and cash authorities’ decision exacerbated an already
assistance. This meant migrant workers lost dire humanitarian situation, including by
their residency status, a consequence of the putting pregnant women at risk as no
kafala (sponsorship) system governing maternal health care was accessible there.
employment of migrant workers in the region, In August, Jordanian authorities forcibly
leaving them subject to arrest, detention and transferred at least 16 Syrian refugees,
deportation. Migrant workers who wished to including eight children, to an informal camp
leave the country often could not do so in the “berm”.2 Many of them chose to go
because of travel restrictions imposed to curb back to government-controlled areas in Syria
the virus. as a result of the dire living conditions in the
“berm”.

Amnesty International Report 2020/21 211


Syrian refugees were amongst the most were injured and 10 died. Following the first
affected by state measures to combat confirmed COVID-19 cases a state of
COVID-19 as a result of their largely informal emergency was declared from 16 March to
employment and a lack of written contracts, 11 May. By 29 October, 2,219 deaths from
social security and health insurance cover or COVID-19 had been officially confirmed.
valid work permits. According to UNHCR, Official excess death statistics, however,
one third lost their jobs while others saw a indicated a considerably higher death toll.
40% drop in their income. Syrian refugees The World Bank reported in a mid-year
were barred from several employment projection that as a result of the pandemic an
sectors, including the health, teaching, additional 800,000 people were living in
engineering and technical professions. poverty.
Palestinian refugees from the Gaza Strip In September, Kazakhstan signed the
continued to be excluded from basic rights Second Optional Protocol to the ICCPR,
and services as they do not have Jordanian committing not to carry out executions and to
citizenship. abolish the death penalty.

DEATH PENALTY FREEDOM OF ASSEMBLY


Authorities continued to hand down death Peaceful demonstrators were subjected to
sentences; no executions were carried out. administrative detentions and fines. In May,
the President signed a new Law on Public
Assemblies which fell short of international
1. Jordan: Authorities must allow urgent medical care for displaced
Syrians in Rukban during COVID-19 (Press release, 7 May) standards. It effectively requires the
2. Jordan: Stop forcible transfer of Syrian refugees to a no-man’s land in
authorities’ permission and only allows
the desert (Press release, 15 September) assemblies in designated locations. It openly
discriminates against non-citizens, persons
with mental or “psycho-social” disabilities,
KAZAKHSTAN and unregistered organizations.
On 6 June, a peaceful protest in the city of
Republic of Kazakhstan Almaty was dispersed on the grounds that
Head of state: Kassym-Jomart Tokayev the area needed to be disinfected. Hundreds
Head of government: Askar Mamin were briefly detained. Human rights defender
Asya Tulesova remonstrated with police
officers for detaining peaceful protesters and
The rights to freedom of peaceful assembly knocked a police officer’s hat off. She was
and expression remained severely limited. remanded for two months in pre-trial
Critics of the authorities faced politically detention despite the risks of COVID-19 and
motivated prosecution. Torture and other ill- sentenced on 12 August to 18 months of
treatment remained widespread. Human “restricted freedom” (a parole-like non-
rights defenders faced harassment and civil custodial sentence) and a fine for attacking
prosecution for libel. LGBTI people faced and insulting a police officer.
stigma and abuse. People with disabilities
were deprived of their rights. The worsening FREEDOM OF EXPRESSION
economic situation caused by the pandemic In June, the President signed a law to
reduced access to education and increased decriminalize libel. However, peaceful critics
child labour. of the government faced prosecution and
harsh penalties as the authorities exploited
BACKGROUND the state of emergency measures envisaged
On 10 February during clashes between by Article 274 of the Criminal Code
ethnic Kazakhs and Dungans, a Muslim (“dissemination of knowingly false
ethnic group of Chinese origin, hundreds information”) to clamp down on dissent.

212 Amnesty International Report 2020/21


From January to August, 81 cases were subject of eight civil defamation cases lodged
started under Article 274 and five reached against her by prison officials from six prisons
the courts. because of her work exposing alleged cases
On 22 June, Alnur Ilyashev was found of torture. On 3 June, a court found that she
guilty under Article 274 for three posts on had defamed the staff of Prison 161/2 and
social media criticizing the government’s ordered her to publicly retract her
response to COVID-19 and corruption. He statements. On 3 July, she lost a defamation
was sentenced to restricted freedom for three case against the director of Prison 164/4 in
years and banned from “voluntary political the village of Zarechny in Almatinsky region,
and social activism” for five years.1 for reporting the beating of a prisoner by
prison guards on 10 April. Despite medical
Prisoners of conscience reports documenting the prisoner’s injuries,
Maks Bokayev continued to serve his five- the court found that Elena Semionova’s
year prison term, despite his worsening reports were untrue and harmed the
health condition. He had been convicted for reputation of the prison director. Two cases
his involvement in the organization of were dropped by the applicants and four
peaceful demonstrations and his posts on cases were ongoing at the end of the year.
social media, including under Article 174 of
the Criminal Code (“incitement of social, RIGHTS OF LESBIAN, GAY, BISEXUAL,
clan, national, racial or religious discord”). TRANSGENDER AND INTERSEX PEOPLE
(LGBTI)
TORTURE AND OTHER ILL-TREATMENT LGBTI activist Nurbibi Nurkadilova published
Torture and other ill-treatment remained a statement in May by the European Union
widespread in penitentiary institutions. With and a number of foreign embassies in
few exceptions, authorities failed to carry out Kazakhstan marking the International Day
impartial, independent and effective against Homophobia, Transphobia and
investigations. Biphobia. The publication provoked
On 6 October, a Committee of National homophobic and transphobic comments,
Security officer was sentenced to including by a well-known mixed martial arts
five and a half years’ imprisonment for rape fighter, Kuat Khamitov.
and torture. Viktoriya Berdkhodzhaeva, a After Nurbibi Nurkadilova replied to him and
transgender woman serving a prison revealed that she was a transgender woman,
sentence in a women’s colony, reported that he encouraged people to attack LGBTI
she had been raped by the officer in July people. No action was taken by the
2019. She earlier reported that she had authorities.
suffered sexual harassment from male staff
and discriminatory attitudes from other CHILDREN’S RIGHTS
prisoners since arriving in the colony in 2017. The closure of the Kazakh-Uzbek border due
On 17 October, Azamat Orazaly was to the pandemic caused labour shortages.
detained on suspicion of stealing livestock Radio Azattyk reported in October that
and died in police custody the same day in children were working in cotton fields in the
Makanchi village in the East Kazakhstan Turkestan region, in southern Kazakhstan.
region. Three police officers were detained on Some were below the legal working age for
suspicion of torture. The case was ongoing at light work of 16. The World Bank reported
the end of the year. that the number of secondary school
students in Kazakhstan performing below
HUMAN RIGHTS DEFENDERS functional literacy would increase as a result
Human rights defenders faced harassment of pandemic-related school closures and
and prosecution. Elena Semionova, from inadequate access to distance learning.
Pavlodar, in northern Kazakhstan, was the

Amnesty International Report 2020/21 213


hardship. Women continued to face
RIGHTS OF PEOPLE WITH A DISABILITY inequality. The authorities forcibly evicted
People with mental disabilities continued to thousands of people, and the President
be deprived by the courts of legal capacity, disregarded the Constitution by failing to
and thereby of their basic rights. In the appoint superior court judges.
absence of systems for review it remained
very rare for people to regain their rights. In BACKGROUND
January, a court in Almaty reinstated Vadim In response to the COVID-19 pandemic, on
Nesterov’s legal capacity. He had been 27 March the President invoked the Public
diagnosed as “retarded” and was deprived of Order Act to impose restrictions, including a
legal capacity when he reached the age of 18 three-month nationwide curfew between 7pm
while living in institutional care. and 5am. It was extended in June and again
Levels of institutionalization remained high. in November but with the hours reduced to
In April, four children living in a residential between 10pm and 4am.
care home for children with disabilities in
Ayagoz in eastern Kazakhstan died from EXCESSIVE USE OF FORCE
medical conditions while most of the staff In January, residents of the Kasarani district
were on unpaid leave as part of quarantine in the capital, Nairobi, peacefully
measures. An investigation found that the demonstrated against the poor state of roads
home failed to provide adequate medical in their neighbourhood. Police officers
care and disciplinary measures were taken responded by firing live ammunition at them,
against some of the staff involved. killing a 17-year-old boy.
On 22 October, President Tokayev The use of excessive force by police
announced that by 2022 Kazakhstan would escalated after the curfew was imposed in
ratify the Optional Protocol to the Convention response to the COVID-19 pandemic. Officers
on the Rights of People with Disabilities, shot at and beat people for violating the
allowing people to bring complaints under the curfew, sometimes hours before the curfew
treaty. was due to be imposed, and at least six
people were killed by police officers in the 10
days following its introduction.
1. Kazakhstan: Political activist sentenced to “restricted freedom” for
criticizing government’s COVID-19 response (News story, 22 June) On 27 March, a police officer beat
journalist Peter Wainaina with a baton while
he filmed police kicking, slapping and firing
KENYA tear gas at commuters, as they rushed them
to board a ferry ahead of the curfew.
In June, police officers killed a man in
Republic of Kenya
Lessos in Nandi County when they fired live
Head of state and government: Uhuru Muigai Kenyatta
ammunition into a crowd of motorcycle taxi
drivers protesting after one of their colleagues
Police used excessive and sometimes lethal was arrested, allegedly for not wearing a face
force to enforce a curfew and to disperse mask. When the protesters marched to the
peaceful protests; they also carried out police station the police shot dead two other
extrajudicial executions and enforced men. The Independent Police Oversight
disappearances. Journalists and bloggers Authority said it had launched an
were subjected to harassment, intimidation investigation into the killings. No findings
and arbitrary arrests. COVID-19 movement were made public by the end of the year.
measures were restrictive and undermined
the right to health for women and for people
from marginalized groups, and subjected
refugees and asylum-seekers to further

214 Amnesty International Report 2020/21


publishing corruption allegations. In August,
EXTRAJUDICIAL EXECUTIONS AND Milton Were and Jack Okinyi were arrested
ENFORCED DISAPPEARANCES by Directorate of Criminal Investigations (DCI)
There were 144 extrajudicial executions and officers after they had published a story on
11 people were subjected to enforced alleged mismanagement of public funds, and
disappearance during the year. In February, detained overnight at Muthaiga police station
the Senate began a formal inquiry into these in Nairobi. Nyukuri Barasa and Charles
crimes. However, COVID-19 restrictions on Gichuki were also arrested by DCI officers in
movement of people prevented its evidence- August for, among other things, publishing
gathering hearings from proceeding. information exposing government corruption.
There was a spike in the number of Nyukuri Barasa was detained at Kilimani
extrajudicial executions while security forces police station and Charles Gichuki was
enforced the curfew. On 28 March, police detained at Capitol Hill police station, both in
officers beat Hamisi Juma to death, near Nairobi. They were both released without
Zibani village, after he drove a woman in charge the next day.
labour to hospital at night during the curfew.
On 30 March, 13-year-old Yassin Moyo FREEDOM OF MOVEMENT
was shot dead by a police officer in Eastlands In March, the Health Ministry issued
in Nairobi while he was playing on his directives requiring everyone entering the
balcony after the 7pm curfew. A police officer country to report to quarantine centres.
was charged with his murder in June. Anyone who violated the public health
In April, the Interior Minister said that 14 guidelines by not wearing a mask or flouting
police officers accused of gross misconduct the curfew, for example, could also be held in
during the curfew period had been quarantine. According to the Ministry, around
suspended pending investigation. 2,000 people were quarantined. Many of
Later that month, Michael Njau, a social them said they were ill-treated and exposed
justice activist, his cousin and a taxi driver to increased health risks. Physical distancing
disappeared while travelling from Thika to measures were not followed, sanitary
Nairobi. Two days later, police discovered conditions were poor, and there was
their abandoned car. There was no evidence inadequate food. Those confined were not
to implicate the police, but Michael Njau’s informed of how long they would spend in
colleagues said he had received threats for quarantine and were charged excessive fees.
his work on police killings. The men’s Hospitals detained patients, or refused to
whereabouts remained unknown at the end hand over the bodies of those who died to
of the year. their families because of unpaid medical
bills, something the High Court had ruled to
FREEDOM OF EXPRESSION be illegal in 2018. Dennis Bwire was detained
Police intimidated, harassed and attacked by a private hospital for three months after
journalists and bloggers as a means to his discharge date and released in July
silence them. On 29 March, three journalists following a civil society campaign.
were arrested for allegedly violating the
curfew, despite their legal exemption from RIGHT TO HEALTH AND WORKERS’
curfew restrictions. RIGHTS
Several bloggers and journalists were In August, hundreds of public hospital
arrested and charged under the Computer doctors held a week-long strike over delayed
Misuse and Cybercrimes Act for publishing salaries, inadequate PPE, and lack of
what the government deemed to be medical insurance.
misleading information about COVID-19 Meanwhile, the Auditor General reported a
(which it said amounted to incitement of the KES2.2 billion (US$20 million) corruption
public against the government), or for scandal at the Kenya Medical Supplies

Amnesty International Report 2020/21 215


Agency in which PPE that had been donated women, to improve women’s economic
to the government was allegedly stolen. Most participation and increase access to health
front-line medical staff were forced to buy and education, women remained
their own PPE, and if they became infected disadvantaged and under-represented in
with COVID-19 they had to cover the costs of most public and private spheres.
their own treatment. Parliament failed to enact laws which
The COVID-19 curfew and the fear of would ensure gender equality in accordance
police deterred people from moving at night with the Constitution’s “two-thirds gender
and restricted access to maternal health care rule”. As a result, in September the Chief
for many women. Some women were unable Justice advised the President to dissolve the
to get to hospital during labour, and pregnant legislative body.
women reported being verbally and physically The two-thirds rule stipulates that the
assaulted by police when they sought health National Assembly and Senate shall not be
care during curfew hours. made up of more than two thirds of members
from one gender.
FORCED EVICTIONS
On 4 May, the Nairobi Water Company, RIGHT TO TRUTH, JUSTICE AND
accompanied by police, forcibly evicted REPARATION
7,000 people from their homes at the Relations between the National Executive and
Kariobangi Sewerage settlement in Nairobi, the judiciary remained tense after the
one day after a court ordered a temporary Supreme Court nullified the presidential
halt to the evictions. Their homes and other election results in 2017. The President
buildings were demolished to make way for a ignored his constitutional obligation and a
sewerage system with only two days’ notice, High Court order to appoint 11 judges to the
in violation of international human rights Court of Appeal, and 30 judges to the High
standards and Kenyan law. On 11 May, Court. In January, Court of Appeal hearing
following a public outcry, the Interior Ministry centres outside Nairobi were forced to close
announced a moratorium on evictions during due to a shortage of judges, and many
the COVID-19 pandemic. hearings were postponed until 2022.
Although the moratorium halted 13 Senior public officers continued to disobey
evictions planned to make way for sanitation court orders. In January, the government
facilities, other evictions continued. On 15 violated a court ruling when it prevented
May, the authorities forcibly evicted over Miguna Miguna, a government critic who was
1,000 people in Ruai ward in Nairobi, deported to Canada in 2018, from returning
rendering them homeless. In October, the to Kenya.
Kenya Power and Lighting Company Civil society organizations continued to
demolished 3,000 homes in Dagoretti Corner, fight for justice. Residents of the Owino-
an informal settlement in Nairobi.1 Uhuru settlement in Mombasa, together with
In September, the EU withdrew funding for the Centre for Justice, Governance and
a €31million (US$35 million) conservation Environmental Action NGO, won damages
project, in response to forced evictions and from the state amounting to KES1.3 billion
other human rights violations against the (US$11.6 million) as compensation after a
Sengwer Indigenous community in Embobut factory contaminated the community’s land,
Forest. In 2018, it had suspended funding resulting in some residents suffering lead
when a Kenya Forest Service guard killed a poisoning. The government appealed against
Sengwer Indigenous man. the decision.

WOMEN’S RIGHTS
Although the government increased
investment to address violence against

216 Amnesty International Report 2020/21


Assembly’s approval of this government
REFUGEES AND ASYLUM-SEEKERS unlawful.
In April, movement in and out of the Kakuma In mid-March, the Kurti government
and Dadaab refugee camps was restricted introduced COVID-19-related restrictions and
under lockdown measures. limited freedom of movement. The Hoti
In May, Kenya closed its borders with government lifted some restrictions, but in
Somalia and Tanzania, citing COVID-19 July reinstated curfews and other limitations.
concerns. Reception and registration centres Inadequate health services and
for asylum-seekers in urban areas and in the environmental factors produced
refugee camps remained partially closed at disproportionately high COVID-19 mortality
the end of the year. Over 13,000 new arrivals rates.
in Dadaab refugee camp, many of them from
Somalia, were unable to register as asylum- RIGHT TO TRUTH, JUSTICE AND
seekers. REPARATION
Proceedings began at the Kosovo Specialist
Chambers (KSC) established in The Hague in
1. Kenya: Forced eviction leaves 3000 people homeless (AFR
32/3151/2020) 2016. The court allowed victims to be party
to the proceedings and to be eligible for
reparations. In June, the Specialist
KOSOVO* Prosecutor’s Office (SPO) announced an
unconfirmed indictment against President
Hashim Thaçi, who resigned in November,
Kosovo*
before appearing before the KSC. He is
Head of state: Vjosa Osmani (acting, replaced Hashim
Thaçi in November) indicted − along with former Kosovo
Head of government: Avdullah Hoti (replaced Albin Liberation Army (KLA) General Staff Kadri
Kurti in June) Veseli, Rexhep Selimi and Jakup Krasniqi −
*This designation is without prejudice to positions on for war crimes and crimes against humanity,
status, and is in line with UN Security Council including the murder of around 100 civilians,
Resolution 1244 and the International Court of Justice including Serbs, Roma and ethnic Albanian
Opinion on the Kosovo Declaration of Independence. opponents.
In September, the SPO summoned Agim
The Kosovo Specialist Chambers in The Çeku, former Prime Minister and KLA
Hague opened proceedings against senior commander, for questioning. In the same
Kosovo Albanian politicians and former month, proceedings opened against former
Kosovo Liberation Army commanders KLA commander Salih Mustafa, indicted for
suspected of crimes under international law the arbitrary detention, cruel treatment,
during the 1998-1999 war. Few survivors torture, and murder of civilians at Zllash
applied for the pension awarded to victims detention camp in April 1999.
of wartime sexual violence. Under Confidential SPO files naming protected
restrictions and a curfew imposed by the witnesses were anonymously leaked to the
government during the COVID-19 KLA War Veterans’ Organization;
pandemic, discrimination against Roma subsequently two officials were transferred to
continued and domestic violence rose. the court, and publicly indicted in December
for the obstruction of justice, witness
BACKGROUND intimidation and secrecy violations.
Following a no confidence vote, Prime In Kosovo, former Serbian police officer
Minister Albin Kurti’s government was Darko Tasić was convicted in June of war
replaced in June, without an election, by crimes for his part in burning and dumping
Avdullah Hoti’s government. However, in 100 bodies after the massacre in Krushe e
December, the Constitutional Court ruled the Vogel/Mala Kruša village. The victims’ families

Amnesty International Report 2020/21 217


protested the Appeals Court December living in UN-operated refugee camps situated
decision to halve his 22 year sentence. on contaminated land.
The NGO Admovere reported in July that
ENFORCED DISAPPEARANCES despite receiving additional social payments,
On 30 August, International Day of the Roma, Ashkali and Egyptians were
Disappeared, 1,643 people remained disproportionately disadvantaged in
missing. In both the Serbian capital, accessing COVID-19 tests.
Belgrade, and Pristina, families of missing
Kosovo Serbs and Kosovo Albanians together VIOLENCE AGAINST WOMEN AND GIRLS
called on their governments to open military Domestic violence cases increased in March
archives to help identify burial sites. by 36% over the previous year. By December,
seven women had been killed by a partner or
GENDER-BASED VIOLENCE family member.
In March, former Kosovo Serb police officer In June, Luljeta Alija opened a
Zoran Vukotić was indicted by Kosovo discrimination case against Pristina police
prosecutors for the rape of a 16-year-old girl who refused to file a complaint against her
in the Mitrovica region in May 1999. husband for violating a domestic violence
Only 200 victims of wartime sexual protective order because she was
violence applied to the government “inappropriately dressed”.
commission established to decide on their
survivor status and grant them a €230
monthly pension. Including some
applications submitted in 2019, 222
KUWAIT
applications were accepted and 69 rejected. State of Kuwait
Although the NGO Medica Gjakova had Head of state: Nawaf al-Ahmad al-Jaber al-Sabah
counselled over 4,500 rape survivors, only (replaced Sabah al-Ahmad al-Jaber al-Sabah in
300 of them had applied since 2018; many September)
feared stigmatization or family disapproval. Head of government: Sabah al-Khaled al-Hamad al-
Sabah
FREEDOM OF EXPRESSION
Investigative journalists faced threats, slurs The authorities continued to unduly restrict
and attack. In June, the former Minister of the rights to freedom of expression and
European Integration opened a defamation association. Members of the stateless Bidun
suit against Jeta Xharra, director of the minority remained unable to access a range
Balkan Investigative Reporting Network, of public services. With the spread of
KALLXO.com and Prishtina Insight. In July, COVID-19, residence permit violators were
Jeta Xharra was threatened by another granted a month’s amnesty, allowing them
former minister, and in September, former to leave the country without paying fines or
Prime Minister Ramush Haradinaj called travel costs. Migrant workers remained
journalists “mercenaries”. In October, inadequately protected against exploitation
journalist Shkumbin Kajtazi’s car was and abuse.
damaged by gunfire outside his home in
Mitrovica. BACKGROUND
Kuwait sped up its “Kuwaitization” process to
RIGHT TO HEALTH replace expatriates with nationals in the
In September, the UN Special Rapporteur on workforce to address rising unemployment
hazardous substances urged the UN to among nationals.
provide “individual compensation and a Under the UN Universal Periodic Review
public apology” to Kosovo Roma, Ashkali and (UPR) process in July, the government
Egyptians who suffered lead poisoning while rejected recommendations to ratify or accede

218 Amnesty International Report 2020/21


to treaties, including those protecting the health care. During the UPR process, the
rights of migrant workers and refugees, and government accepted recommendations to
to bring its laws into compliance with the ensure that the Bidun enjoy equal access to
rights to freedom of expression, peaceful education, health care and employment, and
assembly and association. some recommendations on their acquisition
Kuwait remained part of the Saudi Arabia- of nationality.
led coalition engaged in armed conflict in In October, the Chairman of Kuwait’s
Yemen, albeit in a very limited role. National Assembly attempted to speed up the
debate and vote on six proposed drafts laws
FREEDOM OF EXPRESSION, ASSEMBLY on the Bidun issue during the last
AND ASSOCIATION parliamentary session, ahead of
In August, Parliament approved amendments parliamentary elections. His attempts were
to the law on press and publications, thwarted when Members of Parliament
including lifting the Ministry of Information’s boycotted the discussions.
control over imported publications.
The authorities detained and prosecuted at MIGRANTS’ RIGHTS
least 12 government critics and activists The kafala (sponsorship) system, which ties
under provisions of the Cybercrime Law and migrant workers’ right to be in Kuwait to their
Penal Code provisions that criminalize employment, put these workers at greater
legitimate speech, including for offending the risk of human rights violations. The workers
Emir, criticizing neighbouring countries or were also at heightened risk of contracting
spreading false news. COVID-19, including because of poor living
In April, a Ministry of Information source conditions. Thousands lost their jobs as a
told a news outlet that the Ministry had result of the economic impact of the
intensified its “monitor[ing] of websites and pandemic and hundreds were stranded in
news services that broadcast lies and Kuwait.
rumours and provoke sedition” since the At the end of March, the government
COVID-19 pandemic began, referring “25 announced a one-month amnesty for
news services sites” for prosecution.1 residence permit violators, allowing them to
On 28 January, a criminal court sentenced leave the country without paying fines or
three Bidun men, including Redha al-Fadhli, travel costs. Those with ongoing court cases,
Hammoud al-Rabah and one man in his bank loans or bills were not eligible. While
absence, to sentences ranging from 10 years awaiting repatriation, migrant workers were
to life in prison for their peaceful activism. set up in camps and shelters with dire
The court acquitted another Bidun man and sanitary conditions, further increasing their
released 12 others, including human rights vulnerability to infection.
defender Abdulhakim al-Fadhli, on a pledge The authorities prosecuted at least three
of good conduct for two years.2 Security cases of physical abuse of domestic workers
forces had arrested them in July 2019 during by their employers. On 30 December, a
a crackdown on peaceful protesters. On 20 criminal court sentenced a Kuwaiti woman to
July, the 10-year sentences against Redha al- death and her Kuwaiti husband to four years
Fadhli and Hammoud al-Rabah, for in prison for the murder of their employee
membership of a proscribed organization, Jeanelyn Villavende, a Filipina domestic
were overturned on appeal. The court worker. Both have the right to appeal against
reduced their sentences to suspended two- their conviction and sentence. In separate
year prison terms. cases, two Sri Lankan domestic workers were
abused by their sponsors’ wives, including
DISCRIMINATION – BIDUN one who later succumbed to her injuries.
Stateless Bidun people remained unable to Following investigation, the authorities
access a range of public services, including arrested the two female suspects.

Amnesty International Report 2020/21 219


The authorities also arrested and 3. Kuwait: Fulfil treaty obligations on women’s rights (MDE
17/2672/2020)
prosecuted scores of human traffickers and
illegal visa traders, investigating hundreds of
companies accused of exploiting government
contracts to engage in human trafficking. KYRGYZSTAN
WOMEN’S RIGHTS Kyrgyz Republic
During the UPR in July, Kuwait accepted Head of state: Talant Mamytov (replaced Sadyr Japarov
recommendations to fully implement CEDAW in November, who replaced Sooronbai Jeenbekov in
but rejected other recommendations October)
Head of government: Artem Novikov (replaced Sadyr
including to ensure “full equality between
Japarov in November, who replaced Kubatbek Boronov
men and women”, to criminalize sexual
in October)
violence and marital rape and to make its
personal status and nationality laws gender-
neutral.3 Reports of torture and other ill-treatment in
In August, Parliament approved a bill police custody continued. The government
criminalizing domestic violence, offering failed to take adequate measures to protect
further protections for victims of domestic health workers during the COVID-19
violence as well as legal, medical and pandemic. Survivors of gender-based
rehabilitation services. Women continued to violence faced serious obstacles in
face discrimination in law and practice. accessing justice. Prisoner of conscience
Kuwait retained a law (Penal Code Article Azimjan Askarov died after contracting
153) that makes murder of a female relative pneumonia in prison. Human rights
punishable by as little as a fine in “honour defenders faced retaliation for their work.
killing” cases. Killings of women by their Proposed new legislation threatened to
brothers were reported in Kuwait City in impose further restrictions on NGOs. Police
September and December. dispersed a peaceful march to mark
International Women’s Day.
RIGHTS OF LESBIAN, GAY, BISEXUAL,
TRANSGENDER AND INTERSEX PEOPLE BACKGROUND
Maha al-Mutairi, a transgender woman, was The first cases of COVID-19 were reported on
arrested several times and charged under 18 March and a state of emergency was
Article 198 of the Penal Code, which declared from 22 March to 10 May.
criminalizes “imitat[ing] the other sex in any Restrictions were severe; in some cases
way”. On 5 June, shortly before fulfilling a residents were sealed into their apartment
summons to attend a police station, she blocks.
posted Snapchat videos accusing police The country was plunged into a period of
officers of raping and beating her during her instability, after the October parliamentary
seven months’ detention in 2019 in a male elections results were widely contested and
prison for “imitating the opposite sex”. She then annulled after mass protests. Several
was released on 8 June without charge. people held in custody were released by the
protesters, including Sadyr Japarov who had
DEATH PENALTY been imprisoned in 2017 for hostage-taking.
Courts continued to hand down death Amid bitter disputes over leadership, a group
sentences; no executions were reported. of parliamentarians nominated him as Prime
Minister on 10 October. President Sooronbai
Jeenbekov resigned under pressure on 15
1. COVID-19 is new pretext for old tactics of repression in GCC (MDE
04/3136/2020) October and Sadyr Japarov was confirmed as
2. Kuwait: Heavy prison sentences of activists demanding rights of
interim President, but then stepped down in
citizenship (Press release, 28 January)

220 Amnesty International Report 2020/21


November to run in presidential elections set working conditions and lack of PPE faced
for January 2021. reprisals.

TORTURE AND OTHER ILL-TREATMENT VIOLENCE AGAINST WOMEN AND GIRLS


Credible reports of torture and other ill- Survivors of gender-based violence faced
treatment in police custody persisted. serious obstacles in accessing justice, such
Uzbekistani journalist Bobomurod Abdullayev as the failure to provide a protected
was arrested in the capital, Bishkek, on 9 environment for victims during the judicial
August following an extradition request from process. Survivors were often subjected to
Uzbekistan. He was denied access to a threats from the prosecution or public, and in
lawyer, and later alleged that investigators many cases withdrew their complaints.
tortured him on 11 August to force him to According to the Interior Ministry, in 2019,
sign a document by attempting to suffocate 8,519 cases relating to domestic violence
him with a towel. On 22 August, Bobomurod under the Code on Misdemeanours were
Abdullayev was forcibly returned to recorded, but only 554 cases reached the
Uzbekistan, where he was at real risk of courts (their outcomes were not reported),
torture, while his application for asylum in and 560 were still under investigation. The
Kyrgyzstan was still pending. rest were terminated because the alleged
The UN Human Rights Committee ruled in victims withdrew their complaints or
the cases of Shukurillo Osmonov and petitioned the prosecuting authorities to end
Zhanysbek Khalmamatov in May and June the proceedings. According to the Ministry,
respectively that Kyrgyzstan had failed to between January and March 2020, the
carry out independent investigations into number of reported cases of domestic
torture allegations. Shukurillo Osmonov violence increased by 65% compared to the
alleged that he was tortured by four police same period in 2019. In June, the Code of
officers in 2011, to force him to confess to Criminal Procedure was amended to allow
taking part in the mass disturbances in Osh police to detain perpetrators of domestic
in 2010, although he had been out of the violence for up to 48 hours.
country at the time. His allegations of torture
were investigated by the same investigator HUMAN RIGHTS DEFENDERS
who had been in charge of the investigation Human rights defenders continued to face
against him and who found no evidence of harassment and reprisals for their work.
torture despite medical reports and eye- Kamil Ruziev, the leader of the human rights
witness statements. Shukurillo Osmonov was organization Ventus in the city of Karakol,
later convicted of arson, rioting and murder. was targeted by the criminal justice system in
retaliation for his work on behalf of victims of
RIGHT TO HEALTH – HEALTH WORKERS torture. Police arrested him outside a court
The authorities failed to protect the human building in Karakol on 29 May for not having
rights of health workers. Doctors were not any identification with him, in full knowledge
provided with adequate PPE in a timely that the relevant document had been
fashion, they were expected to work deposited in the court building. He was
excessive hours, were subjected to enforced remanded under house arrest on 31 May on
and unsafe “prison like” quarantine, and a charge of allegedly falsifying a hospital
remained on low pay (and were often not letter presented to a court to explain why he
paid on time). Compensation payments to missed an appeal on behalf of one of his
workers for death and illness due to clients, even though doctors confirmed that
COVID-19 were restricted and not paid to all they had issued the letter. The case was
those who otherwise should have qualified. ongoing at year’s end.
Furthermore, doctors who spoke out about

Amnesty International Report 2020/21 221


Prisoners of conscience
Azimjan Askarov died in prison on 25 July
LATVIA
reportedly of pneumonia despite repeated Republic of Latvia
calls for his release, including in view of the Head of state: Egils Levits
risk to his health from the COVID-19 Head of government: Arturs Krišjānis Kariņš
pandemic. Azimjan Askarov was sentenced
to life imprisonment in September 2010 on Roma and LGBTI people continued to face
false charges and following an unfair trial. He discrimination. Statelessness remained
alleged that he had been tortured while in high. There remained no comprehensive law
detention. on gender-based violence. Limitations on
education in minority languages continued.
FREEDOM OF ASSOCIATION
In June, Parliament passed at the second BACKGROUND
reading amendments to the Law on NGOs A state of emergency in response to the
which would impose additional onerous COVID-19 pandemic, effective from March to
financial reporting requirements. Failure to June and then from November onwards,
comply could result in dissolution. The allowed for restrictions on certain human
amendments passed without adequate rights. During the first period, Latvia
consultation – civil society’s access to the derogated from several of its obligations
discussion was limited because of COVID-19 under the European Convention on Human
restrictions, and online discussion was not Rights.
provided. By year’s end, the required final The government implemented swift
third reading had yet to be timetabled. measures to address the impact of the
pandemic and contain the spread of the
FREEDOM OF ASSEMBLY virus, but COVID-19 related infections and
On 4 March, the Pervomaisky District Court deaths spiked at the end of the year.
of Bishkek upheld a decision by the city
 authorities to ban a peaceful march to DISCRIMINATION
celebrate International Women’s Day on 8 The Latvian Centre for Human Rights noted
March, on the grounds that measures in March an increase in cases of incitement
needed to be taken to prevent the spread of to violence and discrimination targeting
COVID-19. The Court declared that “peaceful Latvian nationals repatriating from abroad
demonstrations disturb the stable functioning due to COVID-19.
of everyday life of the capital” and imposed a
ban on all assemblies of over 100 people Roma
except for official events in Bishkek until 1 Discrimination against Roma persisted in
July. Police dispersed a peaceful march on 8 many areas of life.
March, detained 70 activists and held them Concrete measures to include Roma
for several hours before charging six with the children, in particular girls, in the mainstream
administrative offence of disobeying a police education system remained insufficient. Data
officer. The rally set for 8 March finally went on dropout rates for Roma, disaggregated by
ahead on 10 March, and the ban on peaceful factors such as sex and age, were not
gatherings was lifted until the state of available.
emergency was imposed later that month.

Lesbian, gay, bisexual, transgender and intersex


(LGBTI) people
Latvia’s legislative framework regarding
LGBTI rights remained weak, and NGOs

222 Amnesty International Report 2020/21


reported widespread discrimination against
LGBTI people. The EU’s Fundamental Rights
Agency reported that 47% of LGBTI people
LEBANON
did not report physical or sexual attacks to Lebanese Republic
the police out of fear of a homophobic and/or Head of state: Michel Aoun
transphobic reaction. Head of government: Saad Hariri (replaced Hassan
On 12 November, the Constitutional Court Diab in October, who replaced Mustapha Adib in
recognized the right of same-sex couples to September, who replaced Hassan Diab in August)
parental leave.
The authorities continued to repress the
STATELESSNESS protest movement that began in October
Statelessness remained high, with 212,814 2019 through repeated summonses of
people having the status of “non-citizen” – a activists to security and military institutions
special category for citizens of the former on charges of criminal defamation, as well
USSR who have neither Latvian nor another as the use of excessive force against largely
citizenship – and 163 people with “stateless” peaceful protesters, including with live
status. Domestic law provisions for “non- ammunition, tear gas and rubber bullets.
citizens” continued to fall short of State officials rejected calls for an
international standards, including a lack of international investigation into a
political rights and some restrictions on devastating explosion at the Port of Beirut.
employment and land ownership. Gaps Torture complaints remained without
remained for stateless migrants, including a effective investigation. Due to the economic
lack of protection during the statelessness crisis and COVID-19, dozens of migrant
determination procedure, absence of a domestic workers were fired and found
facilitated route to naturalization and few themselves trapped without passports or
safeguards against arbitrary detention, with pay; the Ministry of Labour adopted a
alternatives to detention applied only in a revised, standard unified contract for
small proportion of cases. migrant workers that included new
protections for migrant domestic workers,
WOMEN’S RIGHTS including vital safeguards against forced
In Concluding Observations in March, labour, but a judicial review body
the CEDAW Committee reiterated many suspended its implementation.
concerns from its previous review in 2004,
including calling on Latvia to adopt a BACKGROUND
comprehensive law on gender-based Hassan Diab’s government won a
violence. parliamentary vote of confidence on 11
Latvia again failed to ratify the Istanbul February after his predecessor’s government
Convention, and 21 members of parliament had resigned in response to the October
lodged a case in the Constitutional Court 2019 protest movement calling for an end to
challenging the Convention’s compliance with corruption and for radical change among the
the Constitution. political elite. The economic crisis
deteriorated, with unemployment rising
RIGHT TO EDUCATION exponentially and the UN stating that more
The Council of Europe’s Venice Commission than 55% of the population lived in poverty,
noted in June that certain 2018 amendments almost double the previous year’s rate. On 7
to the law on education in minority languages March, the government defaulted, for the first
failed to strike a fair balance between time in its history, on Lebanon’s nearly
protection of the rights of minorities and US$90 billion debt. By the end of the year,
promotion of the official state language. the Lebanese lira had lost more than 80% of
its value, depositors were unable to access

Amnesty International Report 2020/21 223


their US dollar savings but only to withdraw in proceedings inherently lack independence,
lira at less than 50% of the black market rate, impartiality and jurisdiction to prosecute
and inflation had risen to 133.5%. sitting officials despite serious allegations
On 4 August, a massive explosion in the against state bodies.1
port area of Beirut killed at least 204 On 18 August, the Trial Chamber of the
people(nine people remained missing), Hague-based Special Tribunal for Lebanon,
injured more than 6,500 others and left some set up in 2009 to try those responsible for the
300,000 displaced or homeless. Material 2005 assassination of former Prime Minister
damage was found up to 20km from the blast Rafik Hariri, found one person guilty and
and the World Bank estimated the repair cost acquitted three others. All were tried in their
to be between US$3.8 and US$4.6 billion. absence.
According to President Aoun, the blast was Impunity for torture remained in place
caused by 2,750 tons of ammonium nitrate three years after the 2017 Anti-Torture Law
stored for years at the port, while officials was passed. Complaints rarely reached court
exchanged blame. and most were closed without an effective
On 10 August, the government of Hassan investigation, often because they were
Diab resigned amidst public uproar following referred for investigation to the same
the explosion. On 22 October, parliament agencies accused of torture or to the military
named Saad Hariri as Prime Minister. He was justice system.2
not able to form a government before the end There was no further action on the torture
of the year. complaint actor Ziad Itanihad filed since the
In November, the country entered a single hearing session an investigative judge
second full lockdown after an earlier one in had held in April 2019. In August, one of the
March, due to a spike in COVID-19 rates and officers who Ziad Itani had accused of
increasing scarcity of ICU beds. torturing him was promoted. In September,
In December, parliament passed a law the same officer and his superior filed a
criminalizing sexual harassment specifically criminal defamation case against Ziad Itani
in the workplace. It is the first law in Lebanon accusing him of “spreading false accusations
to punish sexual harassment, but it did not and damaging the prestige of the State” in
set a mechanism for complaints outside the relation to his social media posts about his
criminal justice system. Parliament also ordeal.
passed amendments addressing some of the In February, military prosecutors closed an
shortcomings of the 2014 law on domestic investigation of 15 complaints filed by the
violence against women and strengthening Lawyers’ Committee to Protect Protesters on
the punishment for sex work. behalf of 17 protesters in December 2019.
The complaints listed acts of torture and
IMPUNITY other ill-treatment that occurred during
Following the explosion in Beirut, state protests, arrests and transportation to and
officials exchanged accusations of blame, inside detention centres.
with leaked official documents indicating that
customs, military and security authorities, as ARBITRARY ARRESTS AND DETENTIONS
well as the judiciary, had warned successive Between 17 October 2019 and 15 March
governments of the dangerous stockpile of 2020, Military Intelligence, Internal Security
chemicals at least 10 times in the past six Forces and other security agencies arbitrarily
years. Lack of trust in state procedures led arrested 967 peaceful protesters, often
victims, their relatives and human rights without a warrant, and subjected them to
organizations to call for an international fact- severe beatings and blindfolding, in addition
finding mechanism. Instead, the authorities to torture and other ill-treatment in custody,
referred the investigation to the Judicial to extract “confessions”: the authorities failed
Council, a court of exception whose to investigate. In three days on 14, 15 and 19

224 Amnesty International Report 2020/21


January, 167 protesters were arbitrarily slander, libel, insult and for making those
arrested in Beirut.3 posts public.
On 30 September, parliament amended
Article 47 of the Code of Criminal FREEDOM OF ASSEMBLY
Procedures, introducing the right of suspects Protests continued in the first quarter of the
to have a lawyer present during pre-trial year with protesters feeling their demand for
interrogations and requiring that there be genuine political change had not been met.
audiovisual recordings of interrogation The protests continued until the March
sessions. However, it added a provision COVID-19 lockdown.
allowing for an open-ended extension of the In response to protests in January,
pre-trial detention period, previously set at a February and August, the military, the
maximum of four days, if the detainee is Internal Security Forces and Parliament
transferred from one detention centre to Police used excessive force, including live
another. ammunition, rubber pellets and tear gas,
against largely peaceful protesters and failed
RIGHT TO HEALTH to protect them from armed supporters of
Thousands of prisoners were at heightened political parties. On 19 January, the Internal
risk of exposure to COVID-19 due to Security Forcesunlawfully used rubber bullets
persistent overcrowding and inadequate at close range, in addition to water cannons,
living conditions, often without access to tear gas and baton beatings, while seeking to
adequate preventive measures. From March disperse protesters in Beirut, leaving
onwards, a number of riots took place inside hundreds of protesters injured. At least two
prisons, and family members held sit-ins women who were arrested said that
outside prisons and police stations, calling for policemen had threatened them with rape.
the release of prisoners. On 6 April, the The Lebanese Red Cross announced that at
Ministry of Interior announced the release of least 409 protesters were injured over two
more than 600 prisoners who had been in nights.
pre-trial detention, as part of the On 8 August, thousands of protesters
government’s measures to contain the spread gathered in Beirut’s Martyrs’ Square to call
of COVID-19.4 for justice for the victims of the Beirut
explosion. The army and security forces
FREEDOM OF EXPRESSION responded with unlawful force against
Between January and July, judicial and unarmed protesters, recklessly firing tear gas,
security officials summoned at least 60 rubber bullets and pellets and injuring more
activists and journalists for interrogation in than 230 people.6
relation to charges of criminal defamation
mostly related to social media posts in MIGRANT WORKERS’ RIGHTS
support of the protest movement or that Women migrant workers continued to suffer
criticized the authorities.5 Security and discriminatory practices under the kafala
military agencies interrogated them, some (sponsorship) system. Due to the economic
repeatedly and some during the COVID-19 crisis coupled with the spread of COVID-19,
lockdown, even though none of these dozens of migrant domestic workers were
agencies is mandated to look into issues of dismissed and unable to return to their
free speech. countries of origin. From May onwards,
In June, the State Prosecutor ordered the employers abandoned scores of migrant
Central Criminal Investigation Bureau to domestic workers outside their consulates or
investigate and identify people who posted on embassies, often without their belongings or
social media statements or photoshopped even their passports. Many of them said that
photos considered offensive to the President, their employers had stopped paying them
and to prosecute them for defamation, and refused to provide them with tickets to

Amnesty International Report 2020/21 225


return home, as per their contractual In November, UNHCR announced that
requirements.7 between August and September, nine
The Ministry of Labour consulted the ILO- resettlement countries had prioritized
facilitated working group on the kafala on departures from Lebanon once lockdown
draft versions of a revised unified standard measures were lifted, accepting 1,027
contract, and in September, the Minister of refugees.
Labour passed Ministerial Decision 1/90 Over 470,000 Palestinian refugees were
adopting a revised unified standard contract registered with the UN Relief and Works
for migrant workers. It includes the right to Agency, the UN agency for Palestinian
resign without losing immigration status, refugees, including 29,000 Palestinian
change employer without the consent of the refugees from Syria. The 180,000 of them
current employer and be paid at least the estimated to be still living in the country
national minimum wage with a permissible remained subject to discriminatory laws,
deduction that covers in-kind contributions excluding them from owning or inheriting
by the employer such as food and housing. It property, accessing public education and
also prohibited employers from confiscating a health services and from working in at least
worker’s passport and identity documents 36 professions.
and entitled workers to freedom of movement
during daily and weekly rest periods. DEATH PENALTY
However, on 14 October, the Shura Council, Courts continued to hand down death
the country’s top administrative court, sentences; no executions were carried out.
suspended the implementation of the
decision introducing the new contract,
1. Lebanon: Only an international investigation can ensure Beirut
following an appeal made by the Syndicate of explosion victims’ rights to truth, justice and remedy (MDE
the Owners of Recruitment Agencies, on the 18/2997/2020)
grounds that the new contract comprised 2. Lebanon: Authorities’ failure to implement anti-torture law is a
“severe damage” to the agencies’ interests. disgrace (Press release, 25 November)
The Council made no reference to the rights 3. Lebanon protests explained (Press release, 22 September)
of migrant domestic workers.8 4. Lebanon: Government must urgently release more prisoners to
prevent spread of COVID-19 (Press release, 21 April)
REFUGEES AND ASYLUM-SEEKERS 5. Lebanon: Punishing the October protest movement (MDE
Lebanon continued to host approximately 1.5 18/2628/2020)
million Syrian refugees, including 879,598 6. Lebanon: Military and security forces attack unarmed protesters
people registered with UNHCR, the UN following explosion – new testimony (Press release, 11 August)

refugee agency, and, according to the 7. Lebanon: Abandoned migrant domestic workers must be protected
(Press release, 3 June)
government, around 550,000 who were
unregistered, after a 2015 government 8. Lebanon: Blow to migrant domestic worker rights (Press release, 30
October)
decision to bar the agency from registering
new Syrians arriving.
The organized returns of Syrians to Syria
continued until March, without their being LESOTHO
given the right to challenge their deportation
due to protection concerns. On 14 July, the Kingdom of Lesotho
government adopted another general policy Head of state: Letsie III
paper that would enable the continuation of Head of government: Moeketsi Majoro (replaced
its policy to push for the return of refugees to Thomas Motsoahae Thabane in May)
Syria, putting many refugees at risk of
refoulement. However, the Ministry of Social Prime Minister Thomas Thabane faced
Affairs suspended implementation of the plan charges related to his alleged complicity in
following the explosion in Beirut. murder and attempted murder, although no

226 Amnesty International Report 2020/21


one had been brought to justice for the
crimes by the year’s end and witnesses had RIGHT TO HEALTH
received death threats. Thousands faced In April, senior government officials
forced eviction to make way for a dam. The acknowledged that the country’s health care
outbreak of COVID-19 in the country put system would be unable to deal adequately
the livelihoods of tens of thousands at risk with a large-scale COVID-19 outbreak. They
and led to state of emergency measures, had no capacity to test for the virus until mid-
which the authorities used as a pretext to May, before which samples were sent for
violate the rights to freedom of movement testing to South Africa.
and peaceful assembly. Health care workers
went on strike when their demands for PPE Health workers
were not met. In April, many health care workers including
doctors, nurses and laboratory technicians,
IMPUNITY went on strike to demand PPE provision and
No one was brought to justice for the murder higher wages which they said should reflect
of Prime Minister Thomas Thabane’s the health risks arising from their exposure to
estranged wife, Lipolelo Thabane, and the COVID-19. They returned to work after their
attempted murder of her acquaintance, demands were met.
Thato Sebolla. In February, the police
announced that the then Prime Minister, FORCED EVICTIONS
Thomas Thabane, faced charges in The construction of the Polihali Dam in
connection with the crimes. Lipolelo Thabane Mokhotlong district in the early part of the
was shot dead in 2017 by unknown year threatened nearly 8,000 people with
assailants while driving home on the outskirts forced eviction and the loss of their
of the capital, Maseru, with Thato Sebolla. livelihoods. The affected communities were
The authorities failed to provide adequate not engaged in a process of genuine
protection to witnesses in the case. Thato consultation or adequately compensated for
Sebolla and other key witnesses fled the losing their homes and some of the displaced
country after they felt unsafe due to lack of were given just over US$1 as compensation
witness protection. Three people, also for being resettled far from their homes in
believed to be witnesses in the case, died in areas around Mokhotlong. The dam was
mysterious circumstances in Maseru being constructed to supply water to South
between 2017 and 2020.1 Africa as part of the transnational Lesotho
In May, following mounting pressure from Highlands Water Project.
various political parties for Thomas Thabane
to stand down, he resigned as Prime ECONOMIC, SOCIAL AND CULTURAL
Minister.2 RIGHTS
COVID-19 disrupted the economy, putting the
FREEDOM OF MOVEMENT livelihoods of tens of thousands of people at
On 27 March, the Prime Minister declared a risk. Many businesses were forced to cease
state of emergency which was backdated to operations leaving their workers unemployed.
18 March, and which introduced measures Mining and manufacturing sectors were
to control and prevent the spread of hardest hit with more than 40,000 workers
COVID-19 after South Africa recorded its first losing their incomes after being laid off.
case on 5 March. Security forces used the In March, the government took measures
measures as a pretext to violate the rights to to address the economic meltdown, including
freedom of movement and peaceful by providing financial relief for the private
assembly. sector and its employees who had lost their
jobs in the mining and textile industries.
However, hundreds of thousands of people

Amnesty International Report 2020/21 227


were adversely affected as the financial relief detained arbitrarily without trial or the
was not enough. Those who worked in the possibility to challenge the legality of their
informal economy were disproportionately detention. Militias and armed groups
affected and faced food insecurity. abducted people on the basis of their actual
In April, the government announced that or perceived political, regional or tribal
its already failing health system would not be affiliation and nationality, including
equipped to deal with the return of tens of protesters, journalists, doctors, government
thousands of Basotho, an Indigenous People employees and civil society activists; took
from Lesotho, and appealed to them, hostages for ransom; and tortured or
especially those living and working in South otherwise ill-treated them in official and
Africa, not to return home while the unofficial places of detention. Women, girls
authorities implemented measures to mitigate and members of the lesbian, gay, bisexual,
against the economic and social impact of transgender and intersex community
COVID-19. continued to face discrimination and
At the end of June, the International violence. Members of ethnic minorities
Monetary Fund approved US$49.1 million for struggled to access adequate health care
emergency support to Lesotho to address the and other essential services. Officials,
pandemic. members of armed groups and militias, and
criminal gangs systematically subjected
detained refugees, asylum-seekers and
1. Lesotho: Authorities must protect key witnesses to the murder of
Lipolelo Thabane (Press release (21 February) migrants to torture and other ill-treatment,
2. Lesotho: Thabane’s resignation should not be a license to immunity
unlawful killings, sexual violence and forced
over alleged complicity in the murder of late wife (Press release, 20 labour. Military courts handed down death
May) sentences; no executions were reported.

BACKGROUND
LIBYA Libya remained divided between two entities
competing for legitimacy and territorial
State of Libya control: the UN-backed GNA led by Prime
Head of state and government: Fayez al-Sarraj Minister Fayez al-Sarraj based in Tripoli; and
(disputed) the Interim Government based in eastern
Libya supported by the LAAF, also referred to
Militias, armed groups and third states, as the Libyan National Army, led by Khalifa
backing warring parties, committed Haftar, and the House of Representatives,
violations of international humanitarian law, headed by Ajila Saleh.
including possible war crimes, with By June, the GNA, openly backed militarily
impunity. Fighting in and around the by Turkey, regained full control of the capital
capital, Tripoli, and other cities in western and other cities in western Libya, pushing
Libya between forces loyal to the UAE-backed LAAF forces eastward towards
Government of National Accord (GNA) and Sirte and effectively reversing the April 2019
the Libyan Arab Armed Forces (LAAF) led to military offensive launched by the LAAF on
the killing and wounding of civilians, mass western Libya. In October, parties to the
displacement, and damage to civilian conflict signed a permanent ceasefire
infrastructure, including hospitals. In agreement.
violation of the UN arms embargo, Turkey, In response to the COVID-19 pandemic,
Russia and the United Arab Emirates national and de facto local authorities across
(UAE), among other countries, continued to Libya closed borders and introduced other
supply their allies with arms and military movement restrictions between March and
equipment, including banned anti- September. The health care system,
personnel mines. Thousands of people were weakened by years of conflict and insecurity,

228 Amnesty International Report 2020/21


struggled to cope. Libya recorded the second properties on fire in areas recaptured from
highest per capita infection and death rate in the LAAF and allied armed groups, including
continental Africa. in the cities of Surman, Sabratha, al-Asabah
In October, oil production and exports and Tarhuna as well as Tripoli
resumed after the National Oil Company lifted neighbourhoods.1
the force majeure it had declared in January In May, LAAF-affiliated non-state actors
following the LAAF blockade between laid extensive Russian-supplied, tripline-
January and September. The disruption activated, banned anti-personnel landmines
exacerbated fuel shortages and electricity and other booby traps in homes and other
cuts throughout Libya. civilian property in areas from which they
Municipal elections took place in Ghat, withdrew in and around Tripoli, leading to
Misrata and al-Zawiya districts. In August, civilian casualties.
armed groups connected to the LAAF forcibly Since June, GNA-affiliated forces
closed polling stations during municipal discovered several mass graves in and
elections in the town of Traghen. around Tarhuna, some containing bodies of
The armed group calling itself Islamic women, children and men suspected of
State claimed a small number of attacks being unlawfully killed by the LAAF-affiliated
against local security forces in southern al-Kaniat forces. The GNA announced
Libya. investigations, but officials said resource
shortages impeded their ability to carry out
VIOLATIONS OF INTERNATIONAL their work.
HUMANITARIAN LAW AND THE UN ARMS Several countries violated the UN arms
EMBARGO embargo established since 2011. Turkey
Militias and armed groups committed serious supplied the GNA with arms and equipment,
violations of international humanitarian law, in established a military presence, and directly
some cases amounting to war crimes. intervened through air strikes, such as in
According to the UN Support Mission in June when at least 17 civilians were killed
Libya, at least 170 civilians were killed and and a further 12 wounded in Qasr Bin
319 were wounded between January and Ghashir in the south-western outskirts of
June. The majority of civilian casualties Tripoli. The UAE provided the LAAF with
resulted from indiscriminate attacks with Chinese-manufactured Wing Loong drones
inaccurate weapons in densely populated and operated them on its behalf in at least
areas, explosive remnants of war and air one incident in January, causing fatalities
strikes. Fighting also led to damage to among individuals not directly involved in
homes, hospitals and other civilian hostilities. The LAAF used armoured vehicles
infrastructure. Over 316,000 people manufactured in Egypt.
remained internally displaced due to conflict The UAE used military airbases in Egypt to
and insecurity. launch airstrikes and to ship arms to the
Armed groups and militias continued to LAAF. The GNA and LAAF used third country
attack medical facilities and abduct health nationals in their military operations. Turkey
workers. In April and May, LAAF-affiliated recruited and brought Syrian nationals,
forces shelled al-Khadra General Hospital in including children, to fight with the GNA.
Tripoli, designated by the Health Ministry to Foreign fighters, employed by the Russian
treat COVID-19 patients, injuring at least 14 military private company Wagner, fought
civilians and causing material damage. alongside LAAF forces.
GNA-affiliated militias carried out
retaliatory attacks against civilians perceived FREEDOM OF EXPRESSION
as being associated with their rivals. Between Militias and armed groups continued to target
April and June, they looted civilian homes, journalists and social media users through
hospitals and public buildings, and set arbitrary arrest, detention and threats, simply

Amnesty International Report 2020/21 229


for expressing critical views or carrying out areas reported being subjected to threats,
their work. surveillance and intimidation by militias or
Militias in Tripoli and Misrata stopped armed groups.
vehicles at checkpoints, forcing occupants to
unlock their phones and arresting those with ARBITRARY DETENTION AND
phones deemed to contain critical content. DEPRIVATION OF LIBERTY
In July, a military court in eastern Libya Militias, armed groups and security forces
convicted journalist Ismail Bouzreeba Al- continued to arbitrarily detain thousands of
Zway of “terrorism”-related charges and people without charge or trial, some for as
sentenced him to 15 years’ imprisonment long as ten years. The GNA announced the
solely for his media work and opinions critical release of around 1,900 prisoners in
of the LAAF. response to risks posed by COVID-19
In August, al-Nawasi militia, nominally outbreaks in custodial settings.
under the GNA’s Interior Ministry, abducted In June, in the LAAF-controlled city of
radio journalist Samy al-Sherif and detained Ajdabiya, at least 11 individuals from the
him in an undisclosed location for 11 days for Magharba tribe were abducted and remained
his coverage of the protests in Tripoli. detained over their perceived family affiliation
to Ibrahim Jadran, former leader of the
FREEDOMS OF ASSEMBLY AND Petroleum Facilities Guard armed group, at
ASSOCIATION odds with the LAAF.
In August and September, people across the In western Libya, militias affiliated to the
country took to the streets in both GNA- and GNA, including the Special Deterrence Force
LAAF-controlled areas in rare protests against (Radaa Forces), the Bab Tajoura Brigade, al-
worsening living conditions, nepotism and Nawassi, the Abu Selim Brigade and al-
unaccountable militias. Militias and armed Zawiya Support Force-First Division,
groups responded to protests with excessive continued to unlawfully detain dozens of
use of force and arbitrary arrests. individuals.
In August, al-Nawasi militia fired live Throughout the year, families of those
ammunition, including from heavy machine arbitrarily detained without any judicial
guns, to disperse demonstrations in Tripoli, process for years at Mitiga prison in Tripoli,
injuring at least three protesters and forcibly controlled by Radaa Forces and nominally
disappeared at least 13 protesters for up to under the GNA, organized several protests
12 days, before releasing them without calling for their release.
charge. The GNA deployed militias across
Tripoli and imposed a curfew to deter further TORTURE AND OTHER ILL-TREATMENT
protests.2 Militias and armed groups systematically
In September, LAAF-affiliated armed tortured and otherwise ill-treated detainees in
groups used live ammunition to disperse official and unofficial places of detention with
protests in the eastern cities of Benghazi and impunity, subjecting them to beatings,
al-Marj, killing at least one man and injuring electric shocks, mock executions, suspension
at least three others in al-Marj. At least 11 in contorted positions and sexual violence.
people were arrested in connection to the Videos, including live footage of torture and
protests. sexual violence involving members of a GNA-
In October, staff in civil society allied militia and LAAF affiliated armed
organizations in GNA-controlled areas groups according to activists, circulated on
reported that the Civil Society Commission social media, including in January, May and
had asked them to sign pledges not to September.
communicate with international actors In July 30-year-old Tarek Abdelhafiz was
without prior authorization. Civil society tortured to death while in the custody of the
activists in both GNA- and LAAF-controlled 128th Brigade, an armed group affiliated with

230 Amnesty International Report 2020/21


the LAAF, which had captured him from the sexual orientation or gender identity, and
town of Hon 14 days earlier.3 tortured and otherwise ill-treated them.
In August, members of al-Nawasi militia
and LAAF-affiliated armed groups beat DISCRIMINATION
several people arrested in relation to the Ethnic minorities
protests, respectively in Tripoli and al-Marj. Some members of the Tabu community in
southern Libya faced barriers in accessing
VIOLENCE AGAINST WOMEN AND GIRLS adequate health care as major local health
Women and girls faced sexual and gender- facilities were located in areas controlled by
based violence from state and non-state rival armed groups. Some Tabus and
actors, amid the authorities’ failure to provide Touaregs in southern Libya were also denied
them with protection and redress. Women access to essential services, including
and girls faced barriers to seeking justice for education and health care, because they
rape and other sexual violence, including the lacked identity documents.4
risk of prosecution for engaging in sexual
relations outside marriage, criminalized in IMPUNITY
Libya, and revenge by alleged perpetrators. Officials and members of militias and armed
Women activists and politicians faced groups responsible for crimes under
gendered abuse and threats online. international law and other serious human
In April, members of al-Kaniat armed rights violations enjoyed near total impunity.
group abducted at least four women, Judges and prosecutors were targeted by
probably in retaliation for their family's militias and armed groups.
affiliation with the GNA. Libyan officials on both sides of the conflict
In November, unknown gunmen publicly continued to ignore the ICC’s arrest warrants
shot and killed lawyer Hanan al-Barassi in against Saif al-Islam Gaddafi, al-Tuhamy
Benghazi, a day after she posted on social Mohamed Khaled and Mahmoud al-Werfalli.
media that she was going to release a video Mahmoud al-Werfalli, who is wanted by the
exposing LAAF leader’s son Saddam Haftar’s ICC for the murder of 33 people in Benghazi
corruption. A vocal critic of the corruption of and surrounding areas, remained a senior
several individuals affiliated to the armed leader in the Saiqa Force of the LAAF.
groups in eastern Libya, she and her In April, Ahmad al-Dabbashi, also known
daughter had been receiving death threats as as al-Amu (the uncle), was seen fighting
a result. alongside GNA forces in Sabratha, despite
Women continued to face discrimination in being under an arrest warrant issued by the
law and practice, including in matters related Libyan prosecution and on the June 2018
to marriage, divorce and inheritance. In UN Security Council sanctions list for his role
October, the Libyan Supreme Judicial Council in human trafficking in Libya.
appointed five women judges for two newly In a rare move, on 14 October, the GNA
created special courts in Tripoli and Benghazi Interior Ministry announced the arrest of
to hear cases of violence against women and Abdelrahman Milad, also known as Bidja, for
children. The courts were not operational by his involvement in human trafficking.
the end of the year. In June, the UN Human Rights Council
established a fact-finding mission to
RIGHTS OF LESBIAN, GAY, BISEXUAL, investigate violations and abuses of
TRANSGENDER AND INTERSEX (LGBTI) international human rights law and
PEOPLE international humanitarian law committed by
Articles 407 and 408 of the Penal Code all parties to the conflict in Libya since 2016.
criminalize sexual relations between
consenting adults. Al-Radaa Forces
continued to detain men for their perceived

Amnesty International Report 2020/21 231


were evacuated, while 2,739 were returned
RIGHTS OF REFUGEES, ASYLUM- to their countries of origin during the year.
SEEKERS AND MIGRANTS While hostilities were raging in Tripoli and
Refugees and migrants were subjected to Tarhuna in May and June, militias and armed
widespread and systematic human rights groups forced refugees and migrants to take
violations and abuses at the hands of part in military operations, for transporting
officials, members of militias and armed weapons and other equipment to combat
groups, and criminal gangs.5 zones, endangering their lives and safety.
The Libyan Coast Guard (LCG) intercepted In May, traffickers in the town of Mazda,
11,891 refugees and migrants at sea and 180km south of Tripoli, shot at a group of
brought them back to Libyan shores, where about 200 refugees and migrants, killing 30
they were subjected to enforced and injuring others. In July, security forces in
disappearances, indefinite and arbitrary the city of al-Khums opened fire at a group of
detention, torture, forced labour and unarmed refugees and migrants attempting
extortion. Thousands of those disembarked to flee detention, leading to three deaths and
were detained indefinitely in facilities run by two injuries.
the Directorate for Combating Illegal
Migration (DCIM), under the GNA Interior DEATH PENALTY
Ministry, without the possibility to challenge Libyan law retained the death penalty for a
the legality of their detention. Thousands wide range of offences not limited to
more were forcibly disappeared after being intentional killing. In May, two military courts
transferred to unofficial places of detention, in the LAAF-controlled cities of Benghazi and
including the Tobacco Factory under the al-Bayda issued death sentences against
command of a GNA-affiliated militia led by civilians after grossly unfair trials. Those
Emad al-Tarabulsi in Tripoli. Their fate and convicted were denied access to evidence
whereabouts remained unknown. against them and the right to adequate
Italy and other EU member states defence.
continued to support the LCG, including by
donating speedboats and training crews (see
1. Libya: Retaliatory attacks against civilians must be halted and
Italy entry). investigated (Press release, 5 June)
DCIM officials, members of militias and 2. Libya: Heavy weaponry used to disperse peaceful protesters
armed groups, and traffickers systematically demanding economic rights (Press release, 26 August)
subjected detained refugees and migrants to 3. Libya: UN Rights Council Members must address widespread torture
inhumane and overcrowded conditions of during periodic review (Press release, 10 November)
detention, torture and other ill-treatment, and 4. Libya: Historic discrimination threatens right to health of minorities
forced labour. Some were tortured or raped in the south amid COVID-19 (Press release, 20 April)
until their families paid ransoms. Women and 5. “Between Life and Death”: Refugees and migrants trapped in Libya's
girls were at heightened risk of rape and cycle of abuse (MDE 19/3084/2020)
other sexual violence.
The LAAF and affiliated armed groups
expelled over 6,000 refugees and migrants
from eastern Libya to neighbouring countries
LITHUANIA
without due process or the opportunity to Republic of Lithuania
challenge deportation decisions or seek Head of state: Gitanas Nausėda
international protection. Many were left at Head of government: Saulius Skvernelis
land borders without food or water.
COVID-19 restrictions led UN agencies to Lithuania’s alleged complicity in the CIA’s
temporarily suspend repatriation and rendition and secret detention programme
resettlement programmes. Only 811 refugees remained under scrutiny. LGBTI people
continued to face discrimination. Measures

232 Amnesty International Report 2020/21


taken in response to the COVID-19 virus
negatively affected women. RIGHT TO PRIVACY
In April, the government proposed an
TORTURE AND OTHER ILL-TREATMENT amendment to the Law on Electronic
The case of Al-Hawsawi v Lithuania remained Communications in response to the spread of
pending before the European Court of the COVID-19 virus. The amendment would
Human Rights (ECtHR). Mustafa Al-Hawsawi, grant law enforcement broad powers to
a Saudi Arabian national detained at obtain a person’s location data from
Guantanamo Bay, claimed he had been held telecommunications providers during a state
at a secret CIA detention centre in Lithuania of emergency or declared quarantine, without
and subjected to enforced disappearance, prior judicial authorization. Opposition
arbitrary detention and torture by the CIA politicians and health workers’ associations
between 2005 and 2006. In January, lawyers warned that the proposed powers would
for Mustafa Al-Hawsawi filed their response enable widespread surveillance and have
to Lithuania’s submission to the ECtHR. limited public health benefits.

RIGHTS OF LESBIAN, GAY, BISEXUAL,


TRANSGENDER AND INTERSEX (LGBTI)
PEOPLE
MADAGASCAR
Discrimination against LGBTI people Republic of Madagascar
remained prevalent in Lithuania. In January, Head of state: Andry Rajoelina
the ECtHR found in favour of two gay men Head of government: Christian Ntsay
who had been subjected to online comments
amounting to incitement to hatred and The COVID-19 pandemic had a devastating
violence against LGBTI people. The impact on access to food. Gender-based
authorities refused to investigate the violence remained widespread, and
comments, stating that the applicants’ increasing numbers of women and girls
behaviour had been “eccentric” and underwent unsafe abortions. A woman
deliberately provocative and citing “traditional faced imprisonment for consensual same-
family values” in Lithuania. The ECtHR found sex relations. Tens of thousands of people,
that the applicants had suffered including hundreds of children, were
discrimination on the grounds of sexual subjected to prolonged pre-trial detention in
orientation and been denied an effective appalling conditions. The right to freedom
domestic remedy. of expression was restricted, and the
authorities imposed measures to prevent
WOMEN’S RIGHTS broadcasters from sharing information
The Equal Opportunities Ombudsperson about COVID-19.
voiced concern that measures imposed to
prevent the spread of COVID-19 BACKGROUND
disproportionately affected women, noting an On 22 March, the President declared a state
increase in reports of domestic violence to of emergency in view of the COVID-19
police. Civil society groups reported that outbreak. It was extended periodically until
some health care providers had suspended 18 October.
or cancelled abortion services during the
nationwide lockdown from March to June, ECONOMIC, SOCIAL AND CULTURAL
restricting women’s access to sexual and RIGHTS
reproductive health care. The COVID-19 pandemic had a devastating
impact on livelihoods and household
incomes. In June, the National Institute of
Statistics said that over 64% of households

Amnesty International Report 2020/21 233


surveyed said their incomes had decreased a hefty fine for “anyone who has committed
significantly; around 60% said they did not an indecent or unnatural act with an
have enough food; and some 50%, in urban individual of the same sex, under the age of
areas, had difficulty buying rice during 21 years”. The age of consent for
lockdown, mainly due to a sudden increase heterosexual sex, on the other hand, was 14.
in price.
In the south, 1.5 million people were in RIGHT TO A FAIR TRIAL
need of immediate emergency food Despite promises made by the President in
assistance following three years of drought- 2019, excessive use of prolonged pre-trial
affected harvests. detention and severe prison overcrowding
continued. Thousands of people continued to
GENDER-BASED VIOLENCE be detained for years without trial, and by
Despite the government’s recent efforts to May, pre-trial detainees constituted 55% of
address women’s rights, including by the prison population. By August,
introducing a new law, 009/2019, in Madagascar's prisons, which had a capacity
December 2019, to combat gender-based for 10,360 inmates, held 27,327 people,
violence, the practice remained widespread. including 734 children, in inhumane
Local organizations reported an increase in conditions.
the number of domestic violence cases In June, the President pardoned around
during lockdown. 1,700 convicted prisoners. These included:
people convicted of minor offences who had
SEXUAL AND REPRODUCTIVE RIGHTS three months or less left on their sentence;
The NGO Doctors of the World (MdM) said women over 55 and men over 60 who had
that the increase in gender-based violence been in prison for 10 years or more; and
during lockdown had led to an increase in children who had served at least half their
the number of unwanted pregnancies and to sentence.
more women and girls undergoing unsafe Meanwhile, thousands continued in
abortions. Abortion remained a criminal prolonged pre-trial detention, which was used
offence, and MdM said that unsafe abortions extensively against perpetrators of minor
were the second main cause of maternal offences. In August, 60% of women and girls
mortality in the country after post-partum in prison were pre-trial detainees, and 75%
haemorrhage. of all children in prison were in pre-trial
detention.
RIGHTS OF LESBIAN, GAY, BISEXUAL, The right of pre-trial detainees to a fair trial
TRANSGENDER AND INTERSEX (LGBTI) was violated. In practice, legal aid was not
PEOPLE available, despite legal provisions which
Gay and lesbian sexual relations remained guaranteed the right to legal defence at all
taboo in Malagasy society, and the stages of the process. They were therefore
government consistently failed to protect denied access to information about their
LGBTI people from stigmatization and rights, or the progress of their cases.
discrimination. In August, 88 inmates escaped from the
On 10 March, a 33-year-old woman was Farafangana Prison in the southeast,
put in pre-trial detention in Antanimora apparently in protest against pre-trial
Prison, on charges of “corruption of minors” detention, including its use against people
for having consensual same-sex relations who had been charged with petty offences,
with a 19-year-old woman. Her trial was severe overcrowding and squalid conditions,
postponed at least four times, but she was and widespread reports of corruption within
finally acquitted on the benefit of the doubt in the prison system which forced them to pay
December. Article 331 of the Penal Code bribes to various people within the system to
carries a prison term of two to five years and obtain family visits, among other things. Local

234 Amnesty International Report 2020/21


sources reported that the detainees had had
no family visits since the COVID-19 outbreak. Media
During the escape, the security forces killed After the COVID-19 outbreak, the government
20 detainees, and three more died from their took drastic measures to control information
injuries in the following days. Seventeen of shared by the media and individuals. It
them were pre-trial detainees. evoked Law 91-011 of 1991 – which was
intended to be applied in exceptional
FREEDOM OF EXPRESSION circumstances – and permitted the media to
On 28 May, Stéphane Ralandison, a share only official government information.
professor and Dean of the Faculty of Other restrictive measures included
Medicine at Toamasina University, was prohibiting radio stations from broadcasting
arrested and interrogated by the criminal phone-in shows.
section of the gendarmerie’s Toamasina On 4 April, Arphine Helisoa, a journalist
Brigade. The following day, he was perceived to be affiliated with the opposition,
summoned to the Toamasina Court and was arrested and put in pre-trial detention in
accused of murdering his colleague, Dr Antanimora Prison. She was charged, for the
Daniel Randriamiarivonjy who, according to second time since 2019, with spreading fake
hospital staff, hanged himself on 24 May. news and inciting hatred against the
However, during Stéphane Ralandison’s President. She was released one month later,
three-hour interrogation, he was also following a presidential amnesty for
questioned about a recent LinkedIn post in imprisoned journalists, although it was
which he had criticized the government’s unclear whether the charges were dropped.
response to the COVID-19 pandemic and the Later that month, a television presenter,
risks of disregarding scientific research into known as “Sabrina”, who worked for the Kolo
cures, among other things. Ultimately, no Channel, was charged with spreading fake
charges were brought against him. news on social media about the number of
On 16 July, Harry Laurent Rahajason, a COVID-19 cases in the country. She was put
former journalist and Communication in pre-trial detention in Antanimora Prison
Minister in the previous government, was and released on 6 May under the presidential
arrested along with four other people and put amnesty.
in pre-trial detention in Antanimora Prison in On 6 April the pro-opposition Real TV
the capital, Antananarivo. He was charged channel tried to broadcast a repeat interview
with undermining state security in connection with former President Ravalomanana in
with organizing and funding a protest that which he criticized the government’s
allegedly took place in July, despite state handling of the COVID-19 pandemic. The
emergency regulations which banned such broadcast failed because the transmitter and
events. The protest was connected to the antenna had been damaged. According to
case of Berija Ravelomanantsoa, a student Reporters Without Borders, the incident
leader, who had been held in pre-trial followed soon after the Ministry of
detention since 8 June. On 30 September, Communication and Culture warned Real TV
Berija Ravelomanantsoa was convicted under and two other opposition media outlets not to
the Cybercrime Law of undermining the state report on COVID-19. The warning noted that
and insulting the President on Facebook and the stations had failed to air live
sentenced to 44 months in prison. Harry transmissions of the state media’s news
Laurent Rahajason and his four co-accused bulletins on the pandemic.
were sentenced to 44 months’ imprisonment
on 15 October.

Amnesty International Report 2020/21 235


MALAWI Judiciary
In June, two weeks before the elections, the
Republic of Malawi President’s office issued a notice to forcibly
Head of state and government: Lazarus McCarthy place the Chief Justice Andrew Nyirenda and
Chakwera (replaced Arthur Peter Mutharika in June) another judge Edward Twea on leave pending
retirement with immediate effect. This was
Human rights defenders were intimidated, irregular as the President’s office has no
harassed and arbitrarily arrested. The power to do so and was widely seen as an
independence of the judiciary remained attempt to punish the two for having been on
under attack from the executive. Prisons the bench that in February annulled the
were overcrowded and conditions poor. 2019 elections.
Attacks against people with albinism
continued. RIGHT TO HEALTH
In August, the President pardoned 499
BACKGROUND prisoners to ease overcrowding and reduce
Following mass protests against the the risk of COVID-19 infection. Nevertheless,
controversial presidential elections in 2019 prisons remained overcrowded, and
which saw President Mutharika re-elected, prisoners’ health was at risk. Over 107
the Constitutional Court annulled the results prisoners and 27 prison officers had tested
in February and called for fresh elections positive for COVID-19 by August which
within 150 days, as well as for reforms to the accounted for 3% of infections nationwide.
Electoral Commission Act. The elections took Facilities were dilapidated and there was
place in June and a new President was insufficient access to food, water and medical
elected. treatment throughout the country.
In March, the government declared a state
of disaster in response to the COVID-19 DISCRIMINATION - PEOPLE WITH
pandemic. ALBINISM
Between January and October, at least three
FREEDOM OF EXPRESSION abduction attempts were made against
Human rights defenders people with albinism. In January, the grave of
Human rights defenders were arrested, a two-year-old boy with albinism was
attacked, harassed and intimidated as the tampered with in Mulanje. In February,
authorities mounted a crackdown on dissent Tafwauli Ngona, a 92-year-old woman, had
ahead of the June elections. two toes severed in an attack by an
Between March and June, the President unidentified assailant in Mzimba.
and senior ruling party officials issued public The trial of 12 people accused in
statements threatening human rights connection with the murder of MacDonald
defenders and activists. Masambuka, whose body was found dumped
In March, Timothy Mtambo, Gift Trapence in a field in 2018, continued. A former
and MacDonald Sembereka, of the Human presidential adviser and some politicians
Rights Defenders Coalition, were arrested for were implicated in the killing, but charges
calling on people to protest in front of the were not brought against them.
President’s house to urge him to assent to the
Electoral Reforms Bill. They were charged UNLAWFUL KILLINGS
with, among other things, “inciting other(s) to In July, the Police Commissioner for the
contravene the law”, under the Penal Code. Central Region and 11 police officers were
The police released them from Maula prison arrested in connection with the death of
in the capital, Lilongwe, four days later, under Buleya Lule in police custody at Lilongwe
stringent bail conditions. Police Station in Area 3 in 2019. According to

236 Amnesty International Report 2020/21


an autopsy report, he died after being reported since the beginning of the year,
electrocuted. He was being held in while 143 cases were opened under the
connection with the abduction and murder of CMA. In June, opposition MP Xavier
a 14-year-old boy with albinism in Dedza. Jayakumar was investigated under sedition
laws after criticizing the government for not
convening a full parliamentary session. Also
MALAYSIA in June, radio personality Patrick Teohwas
charged under sedition laws for a social
Malaysia media post allegedly insulting the royalty.
Head of state: Abdullah In July, a man was sentenced to 26
Head of government: Muhyiddin Yassin (replaced months in jail for social media posts deemed
Mahathir bin Mohamad in March) insulting to Islam. Steven Ganof news website
Malaysiakini was charged with contempt of
Investigations into human rights activists court over reader comments. The
and government critics, mass raids against government also investigated journalists from
undocumented migrants and the pushback the Al Jazeera news channel and the South
of refugee boats contributed to a China Morning Post newspaper for separate
deterioration of human rights. LGBTI people reports on the treatment of migrants under
continued to face discrimination while the COVID-19 lockdown.
Indigenous communities remained under The authorities charged five union activists
threat from logging and mining. Human with violating the MCO after they had held a
rights reforms, including the formation of peaceful demonstration protesting unfair
an independent police oversight labour practices, union busting and
commission and the abolition of the insufficient personal protective equipment for
mandatory death penalty, stalled under a hospital workers.2 The charges were later
new administration. dropped by a court.

BACKGROUND REFUGEES, ASYLUM-SEEKERS AND


In February, the Pakatan Harapan coalition MIGRANTS
government collapsed after parliamentarians The government response to the COVID-19
defected to form Perikatan Nasional under pandemic was harsh on refugees, asylum-
new Prime Minister Muhyiddin Yassin. The seekers and migrant workers. Immigration
country was placed under a Movement raids, involving arrests and detentions, were
Control Order (MCO) from March in response conducted in areas with high migrant
to the COVID-19 pandemic. Prison populations amid rising xenophobia. A
populations were not significantly reduced COVID-19 outbreak emerged in immigration
despite an outbreak of over 5,000 infections. detention centres,3 with over 600
peopleinfected.
FREEDOMS OF ASSEMBLY, ASSOCIATION Authorities turned away Rohingya refugees
AND EXP RESSION arriving in boats or detained them in
Human rights defenders faced investigation overcrowded facilities.4 In April, the navy
and prosecution, most commonly under turned back a boat carrying hundreds,
Section 233 of the Communications and including women and children. That month,
Multimedia Act (CMA). In March, activist another boat with hundreds of Rohingya
Fadiah Nadwa Fikri was investigated for a refugees aboard that was allegedly turned
social media post calling for demonstrations away was accepted by Bangladesh
against the change in government. Fadiah authorities. While the government permitted
and 18 other activists were later investigated two boats to land in April and June, the
for failing to provide notice for a protest.1 In refugees were placed in detention. Some
May, 262 sedition investigations were were charged under immigration law, and

Amnesty International Report 2020/21 237


sentenced to prison and caning sentences forest reserve in Selangor state was met with
before the latter punishment was overturned. protests by Indigenous communities, who
Allegations of migrants in forced labour feared their homes and livelihoods would be
and living in cramped housing hit Malaysia’s affected. In September, Indigenous Peoples
rubber glove industry, which experienced in Pahang state protested plans for the
elevated demand during the COVID-19 development of three rare earth mines.
pandemic. Infection outbreaks hit glove
factories, with one employee fired after IMPUNITY
raising concerns about overcrowding. In August, the government withdrew a bill to
Outbreaks also occurred in construction establish a police oversight commission
sites. tabled by its predecessor in 2019, and
presented a new draft bill widely criticized as
HUMAN RIGHTS DEFENDERS ineffectual.7 Also in August, the government
Human rights defenders faced investigations revealed that from January to June, 23
following the change in government, detainees, including two children, died in
including the chair of the electoral reform immigration detention.8 There were no
coalition Bersih, Thomas Fann; anti- meaningful investigations into the causes of
corruption activist Cynthia Gabriel of C4; and these deaths. More cases of deaths in
Sevan Doraisamyof the human rights custody followed, including Indian national
organization Suaram.5 In July, police Zeawdeen Kadar Masdanwho died while
investigated Heidy Quah, founderof the NGO being held by immigration authorities.
Refuge for the Refugees, after she posted an
account of dire conditions in immigration DEATH PENALTY
detention centres. Quah also received threats In August the Federal Court declared the
online, highlighting a worrying trend for mandatory death penalty constitutional.
human rights defenders, especially women, Legislative amendments to repeal the
who faced harassment and sometimes had mandatory death penalty, proposed under
their personal information made public. the former government, had not been
Authorities rarely investigated violence online. introduced in Parliament by the end of the
year. A moratorium on executions remained
LESBIAN, GAY, BISEXUAL, in place.
TRANSGENDER AND INTERSEX (LGBTI)
PEOPLE 1. Malaysia: Raft of investigations a blatant attempt to intimidate
The government continued to persecute peaceful protesters (Public statement by Amnesty International
LGBTI people. In July, Minister for Islamic Malaysia, 4 March)
Affairs Zulkifli Mohamad released a 2. Malaysia: Drop charges against hospital workers’ union activists
statement online that gave “full licence” to (Public statement by Amnesty International Malaysia, 15 September)
religious authorities to arrest and 3. Malaysia: Act urgently to stop COVID-19 surge in detention centres
“rehabilitate” LGBTI people.6 In September, (Public statement by Amnesty International Malaysia 5 June)

one of 11 men charged for “attempted sexual 4. Malaysia: Hundreds of Rohingya seeking safety by boat at acute risk
from coronavirus (News story, 8 April)
intercourse against the order of nature” in
2019 filed a judicial review against the law 5. Malaysia must not return to climate of fear for activists and critics
(Public statement by Amnesty International Malaysia 12 June)
which criminalizes same-sex sexual conduct.
The case was ongoing at year end. 6. Malaysia: Government must end persecution of transgender people
(Public statement by Amnesty International Malaysia, 11 July)

INDIGENOUS PEOPLES 7. Malaysia: Proposed IPCC bill a shameful step backwards in ensuring
police accountability (Public statement by Amnesty International
Indigenous Peoples across the country Malaysia, 28 August)
remained under threat of losing land to 8. Malaysia: Government must be accountable for deaths in detention
development and logging. In February, a centres (Public statement by Amnesty International Malaysia, 7
proposal to remove official protection from a August)

238 Amnesty International Report 2020/21


attacked Ogossagou village, killing at least 35
MALI civilians and injuring three others, while the
fate of 19 people remained unaccounted for.
Republic of Mali In July, gunmen thought to be affiliated with
Head of state: Bah Ndaw (replaced Ibrahim Boubacar the GSIM attacked several villages in the Tori
Keïta in September) and Diallassagou communes, killing at least
Head of government: Moctar Ouane (replaced Boubou 32 civilians. Armed groups also targeted
Cissé in September) MINUSMA. As of September, two UN
personnel were killed and 40 others injured.
Armed groups and security forces Between September and the year’s end,
committed crimes under international law armed groups besieged Farabougou village in
with impunity. Police used excessive force the Ségou region, preventing villagers from
against protesters and others. Activists and accessing their farmland and moving freely.
officials affiliated to the former government
were arbitrarily arrested and detained. The Abductions
authorities failed to act to protect women At least three candidates were abducted
and girls from female genital mutilation while campaigning during the legislative
(FGM). People were discriminated against elections. All were released. On 25 March,
based on their perceived social status. The Soumaila Cissé, leader of the opposition, and
ongoing conflict and the COVID-19 five members of his campaign team were
pandemic seriously undermined the rights abducted by members of the GSIM in
to health and education. Niafounké town in the Timbuktu region. His
bodyguard was killed during the abduction
BACKGROUND and, although all the campaign team were
Legislative elections held between March and released in the following days, Soumaila
April led to a political crisis. In June, a Cissé was not released until 8 October along
coalition of opposition groups and religious with one French and two Italian hostages.
leaders formed the June 5 Movement, which
contested the election results and demanded EXTRAJUDICIAL EXECUTIONS
the President’s resignation. In August, a The Malian army committed war crimes and
National Committee for the People’s Salvation other human rights violations against civilian
deposed the President and his government populations during their operations.
via a coup. A transitional government was Between 3 February and 10 March, at
formed in October. The security situation least 23 civilians were killed by soldiers in
remained precarious in the context of the Niono Cercle in the Ségou region, and at
ongoing conflict, particularly in the central least 27 others were subjected to enforced
regions where different armed groups disappearance.
operate, including the Group for the Support In June, according to MINUSMA, 43
of Islam and Muslims (GSIM), the Islamic civilians were killed by members of the
State in the Greater Sahara and self-defined National Guard in the villages of Binédama
“self-defence militias”. and Yangassadiou, following a patrol with a
Dozo group. The army publicly acknowledged
ABUSES BY ARMED GROUPS the killings and, despite its promise to
Armed groups committed war crimes and investigate, no further information was made
other abuses, including dozens of attacks public at the end of the year.
against civilians. According to the UN
Mission in Mali (MINUSMA), in January a EXCESSIVE USE OF FORCE
Dozo group (traditional hunters) attacked The security forces used excessive force,
Sinda village, killing 14 civilians. In February, including unlawful use of lethal force, to
Dan na Ambassagou, an armed group, disperse protests.

Amnesty International Report 2020/21 239


The Constitutional Court’s ruling which the impact of the COVID-19 pandemic and
validated 31 disputed results during the the conflict on public services. According to
elections led to nationwide protests. In the UN, around 287,496 people were
Sikasso on 7 May, security forces fired live internally displaced and 42,780 were
ammunition to disperse protests. Five refugees. The right to health of these groups
demonstrators were injured, and one died was seriously undermined.
from his wounds.
On 11 May, a 17-year-old motorcyclist was RIGHT TO EDUCATION
killed while being arrested by an off-duty Children were denied their right to education
police officer in Kayes. This led to as a result of the activity of armed groups,
demonstrations in the city the following day especially in central Mali. This was
and two people, including a 12-year-old boy, compounded by a 12-month teachers’ strike
were shot dead by the police. in protest against the government’s reneging
Between 10 and 12 July, security forces on an agreement to increase their salaries. As
fired at demonstrators in the capital, of March, according to UNICEF, 1,261
Bamako, after they had occupied public schools were closed because of the
buildings and erected barricades to call for continuing threat of attacks by armed groups,
the President’s resignation; 14 protesters affecting 370,000 students and 7,500
died from gunshot wounds and hundreds teachers.
were injured. In August, the government
announced an investigation into the deaths. DISCRIMINATION
Discrimination based on caste and social
ARBITRARY ARRESTS AND DETENTIONS status continued to be widespread, often
On 9 May, Clément Dembelé, an anti- leading to violence. In June 2018, the village
corruption activist, was abducted while chief of Diandioumé, Kayes region, evicted a
driving in Banconi, a suburb of Bamako, by family from their farmland, based on their
eight hooded intelligence service agents after perceived inferior social status. In September,
he had called on security forces to stop using after the judicial authorities confirmed the
violence against demonstrators in Sikasso. family’s land tenure, four individuals fighting
He was detained incommunicado for 12 days against this discrimination were beaten to
by the intelligence services and released on death by a local mob while three others,
21 May and charged with “inciting security including an 80-year-old woman, were
and defence forces to disobey their seriously injured. The authorities arrested 11
commanders.” On 29 September, he was people suspected of being involved in the
acquitted of all charges. murders and judicial proceedings were
Following the August coup, several cabinet ongoing at the end of the year.
members and military officers, including the
then President, Prime Minister and National VIOLENCE AGAINST WOMEN AND GIRLS
Assembly President, were illegally detained In June, the CEDAW Committee denounced
without charge. Deposed President Keïta was the government’s failure to criminalize FGM,
detained for 10 days before being allowed to which, it said, enabled perpetrators to violate
travel for medical reasons at the end of women’s rights with impunity. A bill drafted in
August. The others were released without 2017 outlawed the practice but was yet to be
charge in October. adopted.

RIGHT TO HEALTH RIGHT TO TRUTH, JUSTICE AND


In June, humanitarian organizations REPARATION
estimated that 23% of Mali’s health centres In January, the Assizes Court in Bamako
were not operational or were partially provisionally released Amadou Haya Sanogo,
operational due to budget constraints, and a former leader of a military junta, and 17 of

240 Amnesty International Report 2020/21


his co-accused. They were charged in
December 2013 for the kidnapping, murder BACKGROUND
and complicity in the murder of 21 soldiers. On 7 March, the government declared a
They had spent more than six years in pre- public health emergency to combat the
trial detention in Sélingué – three years spread of COVID-19 and adopted measures
beyond the maximum allowed under Malian to restrict movement and limit public
law. Their trial, which had begun in 2016, gatherings.
was suspended in January 2020 and was still In June, the Council of Europe’s European
pending resumption at the end of the year. Commission for Democracy through Law
The trial of Al Hasan ag Abdoul Aziz ag (Venice Commission) delivered an opinion on
Mohamed before the ICC started in July. He the government’s proposals to strengthen the
was accused of crimes against humanity and rule of law. While some progress was noted,
war crimes committed in Timbuktu while he more remained to be done to increase the
was a member of the Ansar Eddine, an independence of the judiciary and the
armed group which controlled the city during powers of Parliament and the Ombudsman
the Islamist occupation of northern Mali and to involve civil society in the reform
between 2012 and 2013. process.
At least 18 armed group members were
convicted on terrorism-related charges by the RIGHT TO TRUTH, JUSTICE AND
Bamako Assizes Court, including three men REPARATION
sentenced to death for their roles in the In January, former Prime Minister Joseph
attack on the Radisson Blu Hotel in 2015, Muscat stepped down following widespread
(although one was later released in a prisoner public protests at the end of 2019. Protests
exchange). Fifteen men were also convicted were sparked by revelations that members of
for “terrorism, possession of war weapons his cabinet and close aides were involved in
and murder” and sentenced to death in the killing of journalist Daphne Caruana
November. However, most war crimes and Galizia in 2017. In August, he was formally
other serious human rights violations questioned by police. In September, the
perpetrated against civilians in the context of Council of Europe urged Prime Minister
the conflict remained unpunished. Abela to refrain from undermining the
inquiry’s credibility and interfering with its
timeframe. The public inquiry into the
MALTA journalist’s killing was ongoing at the end of
the year.
Republic of Malta
Head of state: George Vella REFUGEES, ASYLUM-SEEKERS AND
Head of government: Robert Abela (replaced Joseph MIGRANTS
Muscat in January) Approximately 2,300 people were rescued at
sea and disembarked in Malta, a third fewer
The public inquiry into the killing of than in 2019 when 3,300 people arrived by
journalist Daphne Caruana Galizia sea. Nearly a quarter were unaccompanied
continued. The government resorted to children, while about 30% of the total were
unlawful practices to prevent refugees and from Sudan.
migrants from reaching the country by sea, In April, concerned about the number of
and continued to arbitrarily detain asylum- people arriving and the additional pressure
seekers whose living conditions were on resources due to the pandemic, the
aggravated by the COVID-19 pandemic. A government announced that no
total ban on abortion remained in place. disembarkations would be allowed and that
the Maltese authorities would not be able to
service their search and rescue region (SAR).

Amnesty International Report 2020/21 241


The government resorted to unlawful people at sea and the detention of asylum-
practices to prevent people arriving by sea. seekers and migrants in conditions that may
These practices exposed refugees and amount to ill-treatment, aggravated by
migrants to grave dangers, including by COVID-19. In one detention centre, the UN
delaying their rescue, pushing them back to experts received reports of self-harm and
Libya and denying disembarkation.1 In April, attempted suicides. NGOs and lawyers were
the government contracted a merchant increasingly restricted from accessing
vessel and instructed it to return to Libya a migration detention centres. In some open
group of people who had been in danger at centres, hundreds of asylum-seekers and
sea for several days. According to survivors, migrants were subjected to quarantine
12 people died, some before being rescued measures for prolonged periods in conditions
and others during the journey to Libya. The that did not allow for physical distancing due
51 survivors were detained on arrival in to overcrowding and with inadequate sanitary
Libya. A magisterial inquiry into the facilities.
responsibilities of the Prime Minister and the In October, a court ordered the release of
head of the Armed Forces of Malta, which an asylum-seeker who had been detained
was initiated by the complaint of an NGO, without legal grounds for 144 days. The court
concluded at the end of May that there had stated it was concerned that other foreign
been no wrongdoing but failed to acquire key nationals may be detained without legal basis
evidence. An appeal was pending at the end and notified the Home Affairs minister of its
of the year. judgment.
In May, the government signed a Three young asylum-seekers who refused
Memorandum of Understanding with Libya to to be returned to Libya after being rescued by
combat irregular migration, raising concern the merchant vessel El Hiblu 1 in March
by NGOs that it would lead to more 2019, and who were subsequently arrested
interceptions at sea and returns to Libya. in Malta upon disembarkation, continued to
Between late April and early June, the await their indictment. They risked life
government detained more than 425 asylum- imprisonment, including on charges under
seekers and migrants; they had been counter-terrorism legislation. 
rescued at sea in the Maltese SAR region
aboard ferry boats positioned outside RIGHTS OF WOMEN AND GIRLS
territorial waters to circumvent human rights Women continued to be denied access to
obligations. These boats were unequipped for abortion even when the life of the pregnant
long stays. No legal grounds were provided woman was at risk.
and access to lawyers and independent In November, the independent body to
organizations was denied. On 6 June, they monitor compliance with the Istanbul
were all disembarked, some after nearly six Convention, Grevio, commended Malta for
weeks of arbitrary deprivation of liberty. defining rape as sex in the absence of
For nearly six weeks, the government consent, in line with international standards,
refused to allow the oil tanker Maersk Etienne in 2018. However, it criticized the judiciary‘s
to disembark 27 people, including a pregnant tendency to put the burden of proving the
woman and a child, rescued at sea upon lack of consent on the victim.
request of the Maltese authorities on 4
August. The rescued asylum-seekers and
1. Waves of impunity: Malta’s human rights violations and Europe’s
migrants were eventually transferred aboard responsibilities in the central Mediterranean (EUR 33/2967/2020)
the NGO ship Mare Jonio and disembarked
in Sicily, Italy, on 14 September.
In September, the Office of the UN High
Commissioner for Human Rights raised
concerns about reports of failures to rescue

242 Amnesty International Report 2020/21


security operations than the previous two
MEXICO presidential administrations.
In May, the President issued a decree
United Mexican States allowing the armed forces to be permanently
Head of state and government: Andrés Manuel López deployed in public security operations until
Obrador March 2024. The decree did not include
substantive regulations to ensure their
The government responded to the COVID-19 conduct was consistent with international
pandemic with cuts to public spending in standards. The President also announced
various areas. Health workers reported that that the control of ports and customs points
they lacked access to personal protective would pass to the armed forces.
equipment and the benefits needed to
ensure a safe working environment. Reports UNLAWFUL KILLINGS
of violence against women increased. The Office of the UN High Commissioner for
Security forces continued to carry out Human Rights (OHCHR) and numerous
arbitrary detentions and employ excessive human rights organizations condemned the
use of force, at times resulting in unlawful death of 30-year-old Giovanni López Ramírez
killings. The Attorney General’s Office on 5 May while in the custody of municipal
announced progress in the investigation into police in Ixtlahuacán de los Membrillos,
the enforced disappearance of 43 Jalisco state.1 Giovanni López’ family reported
Ayotzinapa college students in 2014. The that police arrested him as part of COVID-19
Senate recognized the competence of the enforcement measures because he was not
UN Committee on Enforced Disappearances wearing a facemask; the state authorities
to examine individual complaints. The denied this.
President stigmatized human rights Video footage emerged of an army
defenders and the media on various operation in Nuevo Laredo, Tamaulipas state,
occasions and downplayed the problem of on 3 July in which soldiers killed 19-year-old
violence against women. Arturo Garza, an unarmed survivor of a
military shoot-out with an alleged criminal
BACKGROUND group.2 In a separate event, 35-year-old
According to authorities, Mexico registered Jéssica Silva was killed by members of the
1,426,094 cases of COVID-19. In April, the National Guard who opened fire on her
government implemented austerity policies vehicle in the town of Delicias, Chihuahua
through a decree that cut public spending, state, as she was returning from a protest of
with exceptions for programmes deemed to agricultural workers over rights to water. Her
be priorities such as several major husband was seriously wounded in the
infrastructure projects. In September, attack.3 The National Guard at first reported
Congress dissolved several public trust funds, that their personnel had repelled an armed
including those set up to support the attack, but later admitted that the attack on
protection of human rights defenders, the couple had been an “accident”. The
journalists and human rights victims, and on Federal Attorney General´s Office arrested six
climate change. National Guard agents in relation to the
The Supreme Court had yet to analyse the events.
National Law on the Use of Force that was
the subject of a constitutional challenge in EXTRAJUDICIAL EXECUTIONS
2019 by the National Human Rights The Federal Attorney General´s Office
Commission. attempted to close the investigation into the
The administration deployed a greater killing of 22 people by soldiers in Tlatlaya,
number of military personnel in public México state, in 2014, before having properly
investigated chain-of-command responsibility

Amnesty International Report 2020/21 243


in the case. The attempted closure of the 82,647, with 63,939 disappearances
case was halted by victims’ representatives. recorded in the past decade.
Two officials were convicted of torture in In July, the special prosecutor for the case
relation to the case (see below). of 43 Ayotzinapa college students
disappeared in 2014 announced that the
ARBITRARY DETENTIONS remains of Christian Rodríguez Telumbre had
Jalisco State Police officers arbitrarily been identified. The remains were discovered
detained at least 27 people during protests in in November 2019 in a ravine near the
the city of Guadalajara in early June sparked municipality of Cocula, Guerrero state. The
by the death of Giovanni López Ramírez. authorities also declared that the official
Protesters were abducted in unmarked version of events presented by the previous
vehicles and their whereabouts were administration had been rejected by the
unknown for several hours. Local current investigating authorities. Dozens of
organizations reported that at least 20 of arrest warrants were issued throughout the
these detentions could amount to enforced year for public officials with possible links to
disappearances. The Jalisco State Governor the case. Among them was Tomás Zerón,
later announced that the police involved head of criminal investigations in the Federal
would be subject to criminal investigations. Attorney General´s Office at the time of the
In March, the Yucatán State Prosecutor’s disappearances, who was accused of torture,
Office announced it was closing the enforced disappearance and tampering with
investigation into events that led to the the crime scene. In addition, for the first time
arbitrary detention and torture in 2016 of in the case, several arrest warrants were
José Adrián, aged 14 at the time, due to lack issued for members of the military. In
of evidence.4 The Yucatan State Victim addition, the first member of the army was
Support Commission agreed a reparation arrested, as well as a marine.
settlement for José Adrián and his family. In September, the Senate recognized the
The constitutional provision allowing competence of the UN Committee on
detention without charge (arraigo) was not Enforced Disappearances to consider
repealed during the year. individual cases.

ENFORCED DISAPPEARANCES VIOLENCE AGAINST WOMEN AND GIRLS


Enforced disappearances by state agents and The killings of a woman and a girl in February
disappearances carried out by non-state sparked outrage, leading to unprecedented
actors continued to be a concern; those attendance at social protests on International
suspected of criminal responsibility enjoyed Women´s Day. A twenty-five-year-old woman
almost total impunity. In March, the was reportedly skinned and mutilated by her
Extraordinary Mechanism for Forensic husband and, days later, the body of a seven-
Identification, an autonomous, year-old girl was found in a plastic bag.
interdisciplinary task force, was formally During 2020, 3,752 killings of women
created by decree. The Mechanism is were reported, 969 of which were
designed to identify the more than 38,000 investigated as femicides. Mexico state
unidentified bodies awaiting forensic analysis registered the highest absolute number of
across the country. It includes civil society femicides, followed by Veracruz. Colima and
organizations in its coordinating body, but Morelos states reported the highest rates of
family groups have only participatory status femicide per 100,000 women. Calls to the
without being part of the coordinating body. 911 emergency line to report incidents of
Federal authorities declared that 6,957 violence against women rose during the year,
people had been registered missing during with 260,067 calls up to December,
2020. The total number of people reported compared to a total of 197,693 for the whole
disappeared in Mexico since 1964 was of 2019.

244 Amnesty International Report 2020/21


Austerity measures proposing funding cuts defenders were killed. Defenders of
to help centres for Indigenous and Afro- environmental and Indigenous Peoples’
descendent women and to the National human rights expressed concern about the
Commission to Prevent and Eradicate Mayan Train mega project. The President
Violence against Women were abandoned responded by publicly accusing them of
following significant social outcry. being “false environmentalists”. Six UN
Nevertheless, in July, the National Women´s special rapporteurs wrote to the government
Institute lost 75% (MXN151 million) of its expressing a series of concerns about the
operational funding. The President continued Mayan Train project, including in relation to
to downplay the issue of violence against Indigenous Peoples´ rights to land and
women, questioning the validity of calls made health, as well as possible environmental
to emergency services to report domestic impacts of the project.
violence and criticizing women´s protests In November, Mexico ratified the Regional
against femicides. In September, relatives of Agreement on Access to Information, Public
murdered women occupied the offices of the Participation and Justice on Environmental
National Human Rights Commission (CNDH) Matters in Latin America and the Caribbean
in protest at the lack of progress by (the Escazú Agreement), which includes
authorities on the issue of violence against strong protections for Indigenous and
women. environmental defenders. The Protection
Twenty-one coordinated official response Mechanism for Human Rights Defenders and
protocols, known as “Alerts of gender-based Journalists maintained protection measures
violence against women” remained for 1,313 people: 887 human rights
operational in 18 states. By the end of the defenders and 426 journalists. The public
year, there was no indication that these trust fund supporting this protection
mechanisms had reduced gender-based mechanism was dissolved in October and its
violence. funds were absorbed into the general public
The San Luis Potosí Prosecutor’s Office budget.
opened a new investigation into the 2012
killing of Karla Pontigo, this time as the crime FREEDOMS OF EXPRESSION AND
of femicide, in compliance with a Supreme ASSEMBLY
Court ruling in November 2019 that ordered Media workers continued to be threatened,
the case be investigated with a gender harassed and attacked; at least 19 journalists
perspective. In November, a judge in Jalisco were killed during the year, according to
state handed down a guilty sentence for the official data from November.
murder of Alondra González Arias which During May, information emerged showing
occurred in March 2017 soon after reporting that Notimex, the state news agency, was
violence by her partner. involved in a smear campaign, including a
network of bots and fake accounts on social
SEXUAL AND REPRODUCTIVE RIGHTS media allegedly financed by public funds,
In July, the Supreme Court rejected an against several journalists and media outlets
injunction that sought to change the that published content critical of the
legislation criminalizing abortion in Veracruz government.
state. In May, the Congress of Guanajuato In August, a federal judge handed down a
state voted down a bill for the sentence of 50 years in prison to the material
decriminalization of abortion in the state. author of the killing of journalist Miroslava
Breach. She was killed by armed men
HUMAN RIGHTS DEFENDERS outside her home in Chihuahua in 2017.
Human rights defenders continued to be In September, a letter signed by 650
attacked and harassed and, according to civil journalists and academics accused the
society organizations, 24 human rights President of actions harmful to freedom of

Amnesty International Report 2020/21 245


expression, including a series of public Ombudsman’s Office that he receive
statements undermining the press, permitting reparations for being tortured by Tijuana
an environment conducive to censorship, police in 2012. Adrián Vásquez Lagunes
administrative sanctions and misuse of the contracted COVID-19 in June and had to
law to intimidate the press. cope with the illness on a low income and
During 2020, there were mass protests by almost no support from the state.7
women in several cities against femicide and
other forms of gender-based violence. The RIGHTS OF MIGRANTS, REFUGEES AND
police responded in several instances with ASYLUM-SEEKERS
excessive use of force, arbitrary detentions, Migrants, refugees and asylum-seekers
cell phone theft and physical, psychological continued to face excessive use of force and
and sexual attacks, among other human arbitrary detention by authorities, as well as
rights violations. Federal and state authorities abductions, assaults and killings by non-state
also stigmatized women protesters in public actors.
statements.5 In August, police in the city of National Guard officials used tear gas
León, Guanajuato state, arbitrarily detained during an operation to detain hundreds of
22 women and beat and sexually assaulted migrants who crossed Mexico’s southern
several women and girls.6 In November, in border in January and dragged and beat
Cancún, police used live ammunition on a migrants who participated in a protest inside
series of mostly peaceful protest by women a migration detention centre in Tapachula in
protesting against femicides. March.
Also in March, a Guatemalan asylum-
TORTURE AND OTHER ILL-TREATMENT seeker died when a protest by detained
Torture and other ill-treatment continued to migrants demanding to be released led to a
be a major concern. Investigations into fire in the Tenosique detention centre.8
reports of torture were generally flawed and Migration authorities released hundreds of
those suspected of criminal responsibility migrants from detention centres during April
were rarely brought to justice. The National and May because of the risk of COVID-19.
Programme for the Prevention and However, data on these releases was scarce
Punishment of Torture and Ill-treatment had and concerns remained that unlawful
still not been published by the end of the deportations or refoulements could have
year. taken place in this context.
Two Mexico state policemen were The federal refugee agency (COMAR)
sentenced to seven years in prison for using received 41,227 asylum claims in 2020,
torture to extract false confessions from three down from 70,427 in 2019. The largest
women survivors of the 2014 Tlatlaya number of asylum-seekers were from
massacre. Honduras, followed by Haiti, Cuba and El
Mónica Esparza, survivor of torture with Salvador. Migration authorities detained
sexual violence, was released from prison in 87,260 irregular migrants, including more
March, more than seven years after she was than 11,000 children, and deported 53,891
arbitrarily detained and tortured by police in people, a decrease compared to 2019. The
the city of Torreón, Coahuila state. She was vast majority of those deported were from
acquitted of the charges based on false Central America.
confessions extracted under torture. No Civil society organizations presented
officers had been charged for the crimes several injunctions between April and the end
against her. of the year requesting the release of all
Adrián Vásquez Lagunes had not received people in immigration detention and an end
reparations from Baja California state, despite to such detentions due to the risk COVID-19.
a 2015 decision by the Baja California State A federal judge in Mexico City ruled that all
Human Rights and Citizen Protection those in immigration detention should be

246 Amnesty International Report 2020/21


released. However, authorities failed to
comply with the ruling and detentions
continued, depriving migrants not only of
MOLDOVA
their right to health but also to liberty. Republic of Moldova
Head of state: Maia Sandu, replaced Igor Dodon in
RIGHT TO HEALTH December
Health workers in Mexico expressed concern Head of government: Aureliu Ciocoi, replaced Ion Chicu
at the lack of access to sufficient personal in December
protective equipment to work safely while
responding to the COVID-19 pandemic.9 At The government response to COVID-19
least 2,397 health workers died with raised human rights concerns, including in
COVID-19 in Mexico. relation to the right to health and freedoms
Several health workers were physically of expression, peaceful assembly and
attacked in public places or on public movement. No progress was made in
transport. In response, the government rolled addressing systemic torture and other ill-
out a public campaign to raise awareness treatment. A new NGO law passed following
about the important role of health workers civil society input. Fair trial concerns
and combat stigma against them. A number remained.
of health workers voiced concerns about
irregular contracts and the lack of sick pay BACKGROUND
and other benefits, which at times led to Moldova avoided political turbulence, unlike
retaliation. Jorge Pérez, a 70-year-old cleaner previous years, although there was slowly
in a public hospital, was fired by a private widening popular discontent and regular
contractor after he spoke out about his poor peaceful protest throughout the year.
working conditions. A three-month state of emergency effective
from March, in response to the COVID-19
pandemic, imposed restrictions on certain
1. Mexico: Amnesty International exige la investigación y sanción de
responsables de violaciones de derechos humanos ocurridas durante rights, including to freedom of movement,
las manifestaciones del 4 y 5 de junio en Guadalajara (Press release, education (for example, remote schooling
7 June) (Spanish only)
requirements were not affordable for all
2. The executions in Nuevo Laredo must be a watershed moment for families) and peaceful assembly. During that
ending human rights violations in Mexico (Article, 28 August)
period, Moldova derogated from these
3. Mexico’s new National Guard is breaking its vow to respect human obligations under the European Convention
rights (Article, 8 November)
on Human Rights. The measures also
4. False Suspicions: Arbitrary Detentions by Police in Mexico (AMR
adversely impacted the economy and
41/5340/2017)
standard of living.
5. Autoridades de Guanajuato deben abstenerse de estigmatizar el
In July, President Igor Dodon met the de
derecho a la protesta (Press release, 28 August) (Spanish only)
facto leader of the breakaway Transdniestria
6. Mexico: Carta abierta (Open letter, 25 August) (Spanish only)
region, Vadim Krasnoselskiy, although no
7. Mexico: Urgent Action: Torture Survivor Denied COVID-19 Support:
progress towards resolution of the 30-year-old
Adrián Vásquez Lagunes (AMR 41/2542/2020),
frozen conflict was reported.
8. Americas: Governments must halt dangerous and discriminatory
detention of migrants and asylum seekers (News, 2 April)
RIGHT TO HEALTH
9. Americas: The cost of curing: Health workers´ rights in the Americas
during COVID-19 and beyond (AMR 01/2311/2020)
Measures enacted to confront the COVID-19
pandemic resulted in the reduction of some
other medical provision and the temporary
suspension of non-emergency services.
Despite these measures, the ensuing strain
on the health care system left health workers
particularly vulnerable, reportedly suffering

Amnesty International Report 2020/21 247


from a shortage of effective PPE and a high an instrument of pressure on independent
infection rate. However, few if any health media outlets because of taxing legal costs.
workers agreed to speak of these issues on or In March, the official media regulator
off the record, for fear of reprisals. mandated that, with immediate effect and
throughout the emergency period, media
Transdniestria region presenters and commentators “waive their
In response to the COVID-19 pandemic, the personal opinion” regarding COVID-19 and
de facto authorities in Transdniestria rely exclusively on official information and
introduced restrictions on travel from that of the WHO. The ensuing public
Moldovan government-controlled territory for resentment forced the regulator to promptly
individuals without local “passports”. While reverse this decision.
wide-ranging exceptions were made, this
measure expressly targeted health workers FREEDOM OF ASSEMBLY
residing in Transdniestria and working across With street protests regularly occurring
the Dniester river who consequently were throughout the year, the right to freedom of
forced to choose on which side of the conflict peaceful assembly was generally respected.
line to live and work. This combined with the However, on 16 July, police in the capital,
general shortage of medical personnel, Chisinau, used tear gas to disperse a
reduced medical provision for the local peaceful gathering of several dozen people.
population. The police detained and later released
without charge nine individuals.
TORTURE AND OTHER ILL-TREATMENT In August, the mayor of Chisinau
No progress was made compared to previous prohibited agricultural vehicles to be used in
years in addressing systemic problems protests after some demonstrators used these
behind torture and other ill-treatment, and to travel to a protest. Protest organizers
impunity for perpetrators prevailed. Torture challenged the decree in court; its outcome
survivors and victims’ families remained was still pending at year’s end.
unable to access full and effective reparation.
The number of allegations, independently FREEDOM OF ASSOCIATION
reported and officially registered, remained A much-delayed NGO law was adopted by
broadly the same year on year. Parliament in June, reflecting the draft bill
Conditions in penitentiary institutions, widely discussed and agreed with civil society
including overcrowding and inadequate representatives in previous years. The law
provision of health care, drew continuing clarified and streamlined provisions regarding
criticism. The lack of effective necessary NGO funding and reporting. A proposal to
services and equipment to establish a ban election monitoring by foreign-funded
diagnosis when a detainee is ill, and denial of NGOs was not included, nor an earlier
transfer to civil medical institutions for proposal to require NGO leaders and staff to
necessary treatment, remained a chronic publish their annual income declarations.
problem. This became more apparent in the
face of the COVID-19 pandemic, with UNFAIR TRIALS
hundreds of confirmed cases among prison Fair trial concerns remained. In February, the
staff and inmates. Prosecutor General acknowledged the
political motivation behind a prosecution by
FREEDOM OF EXPRESSION his predecessor, and announced a review of
Media remained generally pluralist but 38 criminal cases. By December, in none of
heavily dependent on private sponsorship these cases had the conviction been
which typically has clear political leanings. quashed or criminal proceedings terminated.
Libel litigation in civil proceedings remained The most high-profile among them was the
case against Veaceslav Platon, sentenced to

248 Amnesty International Report 2020/21


18 years in 2017 for fraud. In May, the
Prosecutor General announced that the VIOLENCE AGAINST WOMEN AND GIRLS
evidence against him had been fabricated, Domestic violence increased in the capital,
and Veaceslav Platon was released the Ulaanbaatar, as lockdown measures were
following month pending further investigation imposed to prevent the spread of COVID-19.
and re-trial. However, the review of the 38 The number of reports increased by more
cases raised concerns over selective justice, than 50% during the first quarter of the year
including the lack of clear criteria supporting compared to the same period in 2019; 90%
the choice of cases. of the victims were women. Lockdown
The investigation against officials allegedly measures also reduced the options available
responsible for the unlawful detention and for support and counselling services.
forcible return of seven Turkish nationals to
Turkey in 2018 was regarded as classified. HUMAN RIGHTS DEFENDERS
Following public pressure, however, in In May, the government submitted to
September the Prosecutor General revealed parliament a bill on the protection of human
that one of the officials had been convicted rights defenders, which was discussed in
and fined in July. The court decision was not December but remained pending. Human
published officially but leaked to the press. rights defenders lacked sufficient legal
protection, putting them and their families at
FREEDOM OF MOVEMENT risk.
In March, Moldovan citizens returning from In September, a woman herder-activist and
abroad were obliged to purchase compulsory NGO leader was harassed and beaten by
health insurance within 72 hours of their managers of a mining company, due to her
return. The measure remained in place until efforts to protect herders’ land from business
the state of emergency was lifted, despite a encroachment and to prevent environmental
conclusion in April by the Council for Equality degradation. Her case was dismissed after
that the measure was discriminatory as it investigation by the municipal police.
effectively made return conditional on the
ability to pay and was applied differently in ARBITRARY ARRESTS AND DETENTION
practice to those returning by air and Prior to parliamentary elections in June, the
overland. No information on the government arrested and arbitrarily detained
implementation of the measure was made individuals – including lawyers and activists –
public. for expressing their views on the human
rights situation and corruption. Many of them
were detained for weeks without being
MONGOLIA charged or brought to court.

Mongolia
TORTURE AND OTHER ILL-TREATMENT
Head of state: Khaltmaa Battulga There were credible allegations of torture and
Head of government: Ukhnaa Khurelsukh other ill-treatment by law enforcement
officials but the government showed
Measures to prevent the spread of unwillingness to conduct investigations.
COVID-19 contributed to an increase in Between January and October, 54 cases of
domestic violence and affected children’s torture were reported, but only three of them
rights to education and health. Prior to were investigated and brought to court.
elections in June, there was a rise in cases
of arbitrary detention of individuals FREEDOM OF EXPRESSION
speaking out against the government. The In January, an amendment to the Criminal
authorities failed to investigate most Code which criminalized the dissemination of
reported cases of torture. “false information” came into effect. A

Amnesty International Report 2020/21 249


dedicated police unit was created for its
enforcement. Civil society publicly expressed BACKGROUND
concerns that the law was overly broad and In August, the opposition coalition narrowly
could be used to suppress press freedom. won parliamentary elections, ending 29 years
of rule by the Democratic Party of Socialists
RIGHT TO HOUSING AND FORCED under Milo Dukanović as Prime Minister or
EVICTIONS President. The period was characterized by
People who were homeless or without corruption, human rights violations, media
adequate housing, as a result of repression and impunity for war crimes.
redevelopment in Ulaanbaatar during recent Montenegro was the only European
years, faced a higher risk of infection during country where, as part of the COVID-19
the COVID-19 pandemic due to lack of control measures, the names of individuals
access to sanitation facilities and protection required to self-isolate were published.
from weather. Residents who lived in areas
scheduled for redevelopment reported that FREEDOM OF ASSEMBLY
construction companies immediately asked Members of the Serbian Orthodox Church
them to vacate their land and homes after protested against 2019 legislation they feared
signing development contracts with the enabled the state to seize church property. In
government, but did not adequately consult May, police in Nikšić arrested a bishop and
and compensate them. seven priests for demonstrating under
COVID-19-related prohibitions on gatherings;
CHILDREN’S RIGHTS their supporters were dispersed with stun
Schools and other educational facilities were grenades and tear gas. Orthodox
closed from late January through August to demonstrators in other towns were also
prevent the spread of COVID-19. The dispersed with tear gas. In June, police beat
government offered remote classes through protesters during an opposition party
television programmes, but access to demonstration in Budva.
education for children returning to remote In June, NGOs lodged a constitutional
areas from urban boarding schools was appeal against the prohibition of open-air
difficult because of poor internet connectivity gatherings.
or television network coverage. For many
children who depended on school meals as a IMPUNITY
main source of nutrition, school closures Crimes under international law, perpetrated
affected access to adequate food and placed in the 1990s, were neither investigated nor
their health at higher risk. prosecuted.
The European Court of Human Rights
considered Montenegro's failure to provide
MONTENEGRO justice to seven relatives of Bosniak refugees
transferred in 1992 by Montenegrin police to
Republic of Montenegro Bosnian Serb forces and subsequently
Head of state: Milo Đukanović murdered.
Head of government: Zdravko Krivokapić (replaced
Duško Marković in December) TORTURE AND OTHER ILL-TREATMENT
The State Prosecutor failed to effectively
The government's response to COVID-19 investigate allegations that police used
violated rights to freedom of movement, torture, including electric shocks, in May/
peaceful assembly, non-discrimination and June to extract “confessions” from two
privacy. Impunity for war crimes, torture suspects and a witness in two bombing
and other ill-treatment, and attacks on cases. In December, the Ombudsperson
journalists persisted. found that police had ill-treated the witness.

250 Amnesty International Report 2020/21


One suspect was acquitted, the court
suspecting that his statement was extorted. MOROCCO/
FREEDOM OF EXPRESSION
Impunity continued for historic attacks on
WESTERN SAHARA
journalists, including investigative journalist
Kingdom of Morocco
Olivera Lakić, shot in 2018. In December,
Head of state: Mohammed VI
NGO Human Rights Action urged the State Head of government: Saad-Eddine El Othmani
Prosecutor to provide protection to Olivera
Lakić, after a plan to assassinate her was
revealed. The authorities responded to the COVID-19
In January, proceedings were initiated pandemic with a new health emergency
against three journalists, detained for decree-law, which restricted freedoms of
between 14-28 hours for “causing panic and movement, expression and assembly, and
disorder”; two were prosecuted. Private used it to prosecute people for criticizing
individuals were similarly detained, four of the government’s handling of the crisis or
them for posting “false news” about for breaking the emergency measures.
COVID-19 on social media; three were Sahrawi human rights defenders continued
indicted. to be intimidated, harassed and arrested for
The Appeals Courts quashed the peacefully expressing their opinions.
convictions of two other individuals fined Women continued to face discrimination as
under public order legislation for criticizing well as sexual and other gender-based
officials online. violence, and faced increased difficulties in
accessing justice during the pandemic.
DISCRIMINATION Consensual same-sex sexual relations
In July, Parliament adopted legislation between adults remained a criminal offence
recognizing same-sex civil partnerships, and the authorities failed to investigate
although registered partners were not allowed incitement to violence against lesbian, gay,
to adopt or foster children. bisexual, transgender and intersex people.
In April, an exceptional three-week The rights of migrants were violated,
quarantine monitored by the police was including as a result of inadequate
imposed on 1,200 Roma former refugees COVID-19 protection measures in migrant
living in apartment blocks in Konik, after one detention centres. The Polisario Front,
case of COVID-19 was discovered. which administers camps in Algeria for
refugees from Western Sahara, detained at
VIOLENCE AGAINST WOMEN AND GIRLS least one critic. Courts handed down death
In April, women's NGOs established a sentences; there were no executions.
coalition to support women experiencing
domestic violence after court cases increased BACKGROUND
and calls to the Centre for Women’s Rights In January, Morocco passed laws adding the
rose by 20%. waters off the coast of the disputed Western
Sahara land to its maritime territory,
extending its jurisdiction over the waters from
Tangier city in the north to Lagouira town on
the Mauritanian border.
On 20 March, the government declared a
state of health emergency that remained in
place until the end of the year. It also
imposed a national lockdown which was
gradually lifted in June and replaced by a set

Amnesty International Report 2020/21 251


of measures including restrictions on breaching the health emergency law. He was
movement and area-specific lockdowns. arrested after he published a post on social
In October, the UN renewed the UN media criticizing Nador authorities for
Mission for the Referendum in Western confiscating merchandise from unauthorized
Sahara’s mandate until October 2021, vendors during the pandemic and released
without granting it a human rights component the following day on bail. On 17 November,
unlike most other UN peacekeeping the First Instance Court in Nador acquitted
missions. The territory of the Western Sahara him of all charges.
and the Polisario camps remained
inaccessible for human rights organizations, FREEDOM OF EXPRESSION
making it difficult to monitor human rights The authorities continued their crackdown on
abuses. freedom of expression in Morocco and
In December, the government signed a Western Sahara, investigating and
deal with the USA agreeing to establish full prosecuting a number of journalists and
diplomatic relations with Israel in exchange activists for their online posts.
for the USA’s official recognition of Moroccan In January, courts around the country
sovereignty over the Western Sahara. sentenced at least nine individuals, including
rappers and activists, to between six months
REPRESSION OF DISSENT and four years in prison, for their online
The authorities used the health emergency to speech on YouTube and Facebook. All were
pass restrictive legislation. In March, accused of “offending” public officials or
Parliament passed Law No. 2.20.292 which institutions under the Penal Code.2
set penalties of a three-month prison In May, Sahrawi journalist and human
sentence and a fine of MAD1,300 (around rights activist Ibrahim Amrikli was arrested in
US$146) for anyone breaching “orders and Laayoune, in Western Sahara, and detained
decisions taken by public authorities” and for for over two days.3 Security officers
anyone “obstructing” those decisions through interrogated him about his work for Sahrawi
“writing, publications or photos”. Since its human rights organization Nushatta
adoption, the authorities have used the new Foundation and repeatedly beat and insulted
law to prosecute at least five human rights him. They forced him to sign a “confession”
activists and citizen journalists for criticizing to trumped-up charges of throwing stones at
the government’s COVID-19 response, police officers in April. Two days later, he was
accusing them of “incitement to violate the charged with “breaking orders related to the
authorities’ decisions”. health emergency status” and “offending
In April, authorities prosecuted and public officials” under Article 263 of the
detained Mohamed Bouzrou, Mohamed Penal Code. His trial opened on 18
Chejii and Lahssen Lemrabti, administrators November but was postponed to an unknown
of the Facebook news page Fazaz 24, for two date.
posts that criticized the local authorities’ In June, an Amnesty International report
handling of COVID-19. Mohamed Chejii was revealed that the phone of independent
released soon after his arrest though his trial journalist Omar Radi had been hacked using
continued, but Mohamed Bouzrou and surveillance technology produced by the
Lahssen Lemrabti remained in detention.1 Israeli company NSO Group.4 After the report
In April, police in Nador in the north- was published, Omar Radi was summoned
eastern Rif region arrested Omar Naji, the for police interrogation several times and a
local representative of the Moroccan state media smear campaign accused him of
Association for Human Rights (AMDH), and espionage. On 29 July, the Prosecutor of the
prosecuted him for spreading “false Appeals Court in Casablanca charged him
allegations or lies” with the aim of “harming with sexual assault, rape, “undermining
privacy or defamation”, as well as for external state security” and “harming internal

252 Amnesty International Report 2020/21


security” – all charges he vehemently denied women faced in accessing justice during the
– under provisions in the Penal Code. He was lockdown.
placed in pre-trial detention, where he
remained at the end of the year. RIGHT TO HEALTH
In July, police in Laayoune arbitrarily Health workers
detained Algargarat Media's founder Essabi In August, doctors began a national strike to
Yahdih for 10 hours when he went to the denounce their poor working conditions, the
police station to obtain an administrative absence of minimum protection measures for
certificate, before releasing him without health workers, and the lack of medical
charge. He said that police insulted and treatment or proper confinement for frontline
threatened him with “arrest, rape and workers who contracted the virus.
murder” and interrogated him about In August, the Health Ministry suspended
Algargarat’s editorial line, its staff and funding annual leave for doctors and other medical
as well as his personal online posts, staff in public hospitals, forcing them to work
specifically a post that mocked another post without a break to meet the demands caused
by a Moroccan parliamentarian about the by COVID-19. Hundreds of doctors
King. demonstrated around the country in protest
In December, following years of against the move.
harassment and unlawful surveillance,
academic and human rights defender Maati CRUEL, INHUMAN OR DEGRADING
Monjib was arrested arbitrarily and detained. PUNISHMENT
He and members of his family were accused Prisoners were held in harsh conditions,
of money laundering and he was awaiting including prolonged and indefinite solitary
trial at the end of the year. confinement, in violation of the prohibition of
torture and other ill-treatment. Despite the
WOMEN’S RIGHTS elevated risks of COVID-19 transmission in
Women continued to face discrimination in prisons and other places of detention,
law and practice as well as sexual and other authorities imprisoned people solely for
gender-based violence. Although Morocco breaching restrictions imposed in the context
adopted Law 103-13 for the Prevention of of the pandemic.
Violence against Women in 2018, Between April and August, the King issued
mechanisms for its implementation remained four royal pardons for a total of 8,133
weak. The Law requires victims to file for detainees, including 20 activists from the
criminal prosecution to obtain orders of Hirak El-Rif social justice movement.
protection, which became virtually impossible In August, Nasser Zefzafi and Nabil
under the COVID-19 lockdown. Ahamjik, leaders of Hirak El-Rif, staged a 25-
Women’s organizations such as Mobilising day hunger strike to protest against the denial
for Rights Associates (MRA) reported an of family visits and the scattering of Hirak El-
increase of problems for women suffering Rif detainees in different prisons inaccessible
violence during lockdown, including being to their families.
confined with their abusers, often without Sulaiman Raissouni, a journalist and editor
access to means of communication, and of Akhbar Al Yaoum, was detained from May
difficulty accessing shelters. Between 20 until the end of the year, and was permitted
March and 20 April, the number of only one hour a day to walk alone in the
prosecutions for violence against women fell courtyard.
to one-tenth of the monthly average, Authorities continued to hold 19 Sahrawi
according to the Chief Prosecutor. The activists in prisons in Ait Melloul and
authorities said this was because of “the Bouizarkane in south-west Morocco, after
stability of the Moroccan family”. However, they were convicted following unfair trials in
MRA attributed the decrease to difficulties 2013 and 2017 that failed to adequately

Amnesty International Report 2020/21 253


investigate torture allegations. They were held
hundreds of kilometres from their families FREEDOM OF RELIGION AND BELIEF
and, due to the COVID-19 restrictions, were Moroccan law continued to criminalize
not permitted family visits. “insulting Islam”, which can be punishable
by a prison sentence. In May, Casablanca
RIGHTS OF LESBIAN, GAY, BISEXUAL, police arrested actor Rafik Boubker for a
TRANSGENDER AND INTERSEX (LGBTI) video posted on Facebook in which he
PEOPLE mocked Islamic rituals. He was charged with
Article 489 of the Penal Code continued to “insulting Islam” and released the next day.
criminalize consensual same-sex sexual His trial opened in November and was
relations. postponed several times. In July, a court in
Authorities failed to investigate incitement the city of Safi in western Morocco sentenced
to violence against LGBTI people or to Muhammed Awatif Qashqash to six months
provide people protection regardless of their in prison and a fine, under the same
sexual orientation or gender identity. provision, for a caricature he posted online
In April, in an apparent campaign, a depicting religious figures, including the
number of individuals forcibly “outed” people Prophet Mohammed.
on same-sex dating apps, disclosing their
sexual orientation or gender identity without POLISARIO FRONT CAMPS
their consent. LGBTI organizations reported The Polisario Front, which calls for the
that this “outing” campaign led to people independence of Western Sahara and has set
being assaulted and threatened, as well as a up a self-proclaimed government in exile,
Facebook group in Agadir calling for people detained at least one critic in the camps it
to lynch LGBTI sex workers. The authorities administers in Algeria. On 8 August, police in
failed to publicly condemn this, and the state the camps held citizen journalist Mahmoud
media failed to report on it. Zeidan for 24 hours, interrogating him about
posts he published online that criticized the
MIGRANTS’ RIGHTS way camp authorities handled COVID-19 aid
The authorities continued to arrest, detain distribution.
and deport migrants throughout the year. In The Polisario Front failed to ensure that
early 2020, the Spanish governmental those responsible for committing human
delegation in Melilla, Spain, announced the rights abuses in the camps in previous
intention to end the migratory route between decades were brought to account.
the northern coast of Morocco and Spain,
and the Moroccan authorities reported their DEATH PENALTY
arrests of migrants near the border with Courts continued to hand down death
Ceuta. Several NGOs reported an absence of sentences; there had been no executions
COVID-19 protection measures in migrant since 1993.
detention centres in Nador and Laayoune.
According to the AMDH, around 100
1. Morocco and Western Sahara: End prosecution of activists under new
migrants were detained for over a week in health emergency law (Press release, 9 June)
Nador in May without access to a lawyer in 2. Morocco/Western Sahara: Crackdown against activists for criticizing
violation of Law 02-03 of 2003 on the entry the King, public institutions and officials (Press release, 11 February)
and stay of foreigners, which stipulates that 3. Morocco: Drop charges against Ibrahim Amrikli and cease arbitrary
after 24 hours of detention, irregular migrants arrests of journalists and activists in Western Sahara (MDE
must be put under judicial control and given 29/3111/2020)

access to a lawyer. 4. Moroccan journalist targeted with network injection attacks using
NSO group’s tools (Blog, 22 June)

254 Amnesty International Report 2020/21


markets. Those who left their homes to work
MOZAMBIQUE or find food were subjected to excessive force
by the police, and an increased risk of
Republic of Mozambique contracting COVID-19. The authorities did not
Head of state and government: Filipe Jacinto Nyusi put in place adequate social security
measures to protect them from hunger and
Police used excessive force against people ill-health.1
who left their homes to look for food during
the COVID-19 lockdown. There was a spike VIOLENCE AGAINST WOMEN AND GIRLS
in gender-based violence as victims were Gender-based violence increased sharply
trapped at home with abusive partners. during the COVID-19 restrictions, when
Violence in the province of Cabo Delgado women and girls were trapped in the home
intensified, becoming an armed conflict and exposed to heightened risk of domestic
which resulted in more than 2,000 deaths. violence. Women’s prevalence in the
The authorities failed to hold to account essential services workforce put them at
perpetrators of crimes under international greater risk of violence outside the home;
law and serious human rights violations and restricted public transport exposed them to
abuses. Repression of freedom of the threat of violence because they had to
expression took a new turn when a travel late at night or in the early morning
newspaper office was firebombed. hours. School closures put more girls at risk
of child marriage.
BACKGROUND
In January, the President began a second INTERNALLY DISPLACED PEOPLE
term following a controversial election which The armed conflict between the so-called al-
took place amid armed violence in the north Shabaab and government forces created a
of the province of Cabo Delgado, an area humanitarian crisis in Cabo Delgado. By the
which remained closed to the media. The end of the year, over 500,000 people were
government’s secret loans scandal internally displaced, and more than 700,000
destabilized socioeconomic conditions. needed humanitarian assistance. The
Meanwhile, flooding in 2019 and 2020 government failed to provide shelter, food,
destroyed infrastructure, further isolating the water, education or health services and many
population in northern Cabo Delgado. In people relied on the goodwill of local families
response to the COVID-19 pandemic, the to give them shelter in Cabo Delgado and the
authorities imposed a state of emergency neighbouring provinces of Nampula and
between 30 March and 6 September. The Niassa. At the end of the year, it remained
measures contributed to poor living unclear whether the government’s Northern
conditions nationwide, and in particular Integrated Development Agency had had an
exacerbated the precarious conditions in impact on the humanitarian crisis.
Cabo Delgado when an armed opposition
group, known locally as al-Shabaab (although IMPUNITY
there is no known relationship with al- Impunity for crimes under international law
Shabaab in Somalia), used the period to and serious human rights violations and
intensify its attacks. abuses carried out in Cabo Delgado’s armed
conflict remained widespread. By December,
RIGHT TO FOOD more than 2,000 people had been killed,
State of emergency provisions were punitive including civilians caught in crossfire or
and led to increased food insecurity in deliberately targeted by armed opposition
marginalized neighbourhoods, particularly as groups and government forces. Throughout
most people depended on the informal the year, armed groups beheaded civilians,
economy to earn a living on the streets and in burned houses, looted villages and

Amnesty International Report 2020/21 255


kidnapped women and girls. Meanwhile, Fernando Veloso, Editorial Director of the
civilians, alleged members of armed independent newspaper, Canal de
opposition groups and journalists reporting Moçambique, with “violation of state secrecy”
on the attacks were subjected to detention, and “conspiracy against the state”, after the
torture and other ill-treatment, enforced paper had published an article, in March,
disappearance and extrajudicial execution by about an unlawful secret contract between
security forces. the Ministry of Defence, the Interior Ministry
In June and July, photographic and video and natural gas companies in Cabo Delgado.
evidence emerged of what appeared to be On 23 August, police arrested investigative
Mozambique Armed Defence Forces soldiers journalist Armando Nenane in the capital,
and officers of the Mozambique Rapid Maputo, for failing to comply with COVID-19
Intervention Unit2 committing crimes against regulations. This followed his depositing
suspected armed group fighters. The victims funds in the former Defence Minister’s bank
were tortured, extrajudicially executed and account, the details of which he then
their bodies dismembered, and corpses were published as a means to corroborate Canal’s
apparently dumped in mass graves. The story. Following this, government supporters
authorities had not investigated the crimes by launched a social media campaign
the end of the year. demanding that he be prosecuted for
“violation of state secrecy”.
Enforced disappearances On the day of Armando Nenane’s arrest,
On 7 April, community radio journalist unidentified assailants firebombed Canal’s
Ibraimo Abú Mbaruco, from the Palma offices in Maputo.4 The attack came just four
District in Cabo Delgado, disappeared after days after the newspaper had published
being approached by army officers on his allegations about an unethical procurement
way home from work at around 6pm.3 The process involving senior Ministry of Mineral
authorities did not respond to his family’s Resources and Energy officials, and
request for information on his whereabouts, governing party elites. Government
which remained unknown at the end of the sympathizers responded with a social media
year. campaign calling for the newspaper’s
closure.
Extrajudicial executions D. Luíz Fernando Lisboa, a Brazilian
On 11 March, the security forces arrested national and Bishop of Pemba, the capital
Roberto Mussa Ambasse and Muemede city of Cabo Delgado, repeatedly raised
Suleimane Jumbe, two local activists and concerns about the human rights situation in
community leaders, from their homes in the province. In August, the President
Palma district. They were later found dead indirectly denounced him saying that “certain
among 12 other civilians. Despite numerous foreigners” disrespected those who protected
calls for investigations, the authorities had not them “in the name of human rights”.
conducted any meaningful investigations Following this, government supporters, and at
leading to an arrest by the end of the year. least one pro-government newspaper labelled
the Bishop a criminal, accused him of
FREEDOM OF EXPRESSION supporting insurgency and called for him to
There was an escalation in the repression of be expelled from Mozambique.
the right to freedom of expression,
characterized by intimidation, smear
1. Southern Africa: Governments must move beyond politics in
campaigns, harassment, arbitrary arrests, distribution of COVID-19 food aid (Press release, 6 May)
and prosecutions of journalists, human rights 2. Mozambique: Torture by security forces in gruesome videos must be
defenders and government critics. investigated (Press release, 9 September)
In June, the Public Prosecutor charged 3. Mozambique: Journalist forcibly disappeared: Ibraimo Abú Mbaruco
Matias Guente, Executive Director, and (Urgent Action, 15 April)

256 Amnesty International Report 2020/21


4. Mozambique: Media freedom in ashes (AFR 41/2947/2020) to cope with such large-scale outbreaks, and
the economic impact of the pandemic
negatively impacted at-risk populations,
MYANMAR including internally displaced people and
millions living in poverty.
Republic of the Union of Myanmar In the general election held on 8
Head of state and government: U Win Myint November, Aung San Suu Kyi’s National
League for Democracy retained its
Serious human rights violations occurred parliamentary majority.
across Myanmar as internal armed conflict Voting was called off in conflict-affected
between the military and ethnic armed parts of the country, including much of
groups continued. Indiscriminate airstrikes Rakhine State. As a result, over 1.5 million
and shelling by the military took place in mainly Rakhine people were deprived of their
Rakhine and Chin States and thousands of right to vote. The vast majority of the
civilians were displaced. Humanitarian Rohingya population had already been
groups faced severe restrictions on their disenfranchised prior to the 2015 election,
activities, which limited their access to at- through the annulment of “White Card”
risk populations. The authorities imposed identity papers.
undue restrictions on access to information
in Rakhine and Chin States, which HUMAN RIGHTS VIOLATIONS IN THE
negatively impacted the ability of CONTEXT OF INTERNAL ARMED
communities to receive potentially CONFLICT
lifesaving information, during both the During the year civilians were killed or injured
COVID-19 pandemic and the ongoing armed by indiscriminate airstrikes and shelling by
conflict. Persecution of human rights the military in many parts of Rakhine State
defenders continued around the country. and Paletwa township, Chin State2
Authorities imposed arbitrary restrictions on Since the escalation of the conflict
the rights to freedom of expression, between the military and the Arakan Army in
association and peaceful assembly. early 2019, cases of forced labour, arbitrary
detention, and torture and other ill-treatment
BACKGROUND of civilians by government troops increased.
On 23 January, the International Court of In Kachin and northern Shan States,
Justice (ICJ) ordered Myanmar to prevent reports of human rights violations against
genocidal acts against the Rohingya Muslims civilians by the military continued to emerge
pending the case filed by the Gambia. The in the context of several armed conflicts.
ICJ also ordered Myanmar to regularly report Reports of human rights abuses by ethnic
on the implementation of this order.1 armed groups included abductions, murder,
The government repeatedly emphasized illegal detention, forced and child recruitment
that the accountability of those responsible into armed groups, forced portering, and
for human rights violations was an internal extortion.
affair. Impunity continued to be pervasive, On 12 June, the Union Minister of Social
however, and the government made no Welfare, Rescue and Resettlement
meaningful moves towards establishing announced that it would form two bodies to
civilian oversight of the military or creating clear anti-personnel mines nationwide as part
effective internal investigative and of its plan to resettle civilians displaced by
accountability mechanisms. armed conflict. Both the military and ethnic
The COVID-19 pandemic saw varying armed groups continued to use anti-
degrees of lockdown measures in major personnel mines and improvised explosive
cities, as cases continued to rise. The devices (IEDs).3
country’s health care system was ill-equipped

Amnesty International Report 2020/21 257


Township. In both cases, the Myanmar
INTERNALLY DISPLACED PEOPLE military and Arakan Army denied
There were some 300,000 individuals responsibility.
displaced in Rakhine, Chin, Kachin and
northern Shan States due to armed conflict FREEDOMS OF EXPRESSION,
between the Myanmar military and various ASSOCIATION AND ASSEMBLY
ethnic armed groups. Along the Thai- Authorities used a range of repressive laws to
Myanmar border, tens of thousands arrest, prosecute and imprison individuals
remained displaced from conflict decades who exercised their rights to freedoms of
earlier. expression, association and peaceful
Tens of thousands of people were assembly.
displaced during the year in Rakhine State Arbitrary and politically-motivated arrests
due to armed conflict. This added to the and prosecutions took place throughout the
existing displacement crisis in the state, year, and 58 people were imprisoned.4 The
where 130,000 mostly Rohingya Muslims authorities often pursued charges under
remained effectively interned in camps since Section 66(d) of the 2013
violence in 2012. In Kachin State, almost Telecommunications Law and Sections
100,000 people remained in camps, having 505(a) and 505(b) of the Penal Code against
been displaced since the 2011 resumption of critics and human rights defenders.
fighting between the Kachin Independence Authorities charged poetry troupe the
Army and the military. Peacock Generation with “online defamation”
The government earmarked for closure under these two laws for their peaceful
many camps for internally displaced people, Thangyat performances criticizing the
but none were closed during the year. military. Thangyat is a traditional art form
Repatriation of Rohingya refugees in fusing poetry, comedy and music for satirical
Bangladesh who fled atrocities in Rakhine ends, performed during the New Year water
State in 2016 and 2017 had yet to festival in April. Six members of the group
commence. were sentenced to between two and six years’
imprisonment. By year’s end, three remained
DENIAL OF HUMANITARIAN ACCESS in prison.
UN agencies and international NGOs Authorities used national security
delivering humanitarian aid and supplies legislation to arbitrarily limit the right to
faced significant impediments in their efforts freedom of expression and information. The
to conduct activities. The authorities 1908 Unlawful Associations Act was often
restricted access to conflict-affected areas used by authorities to target, harass,
and where governance was contested by the intimidate and punish activists and
government and ethnic armed groups. journalists, especially those belonging to
Restrictions on humanitarian actors were ethnic and religious minorities.
particularly acute in Rakhine State, where a On 24 March, the government designated
cumbersome bureaucracy and government- the Arakan Army as a terrorist organization,
imposed travel bans prohibited access to at- which effectively outlawed any
risk populations, including in conflict and communication with the group. At least three
displacement settings. journalists were prosecuted under the
Travel within Rakhine State was risky for Counter-Terrorism Law and Sections 17(1)
humanitarian groups. In April, a WHO vehicle and 17(2) of the Unlawful Associations Act
carrying COVID-19 test samples in Minbya for contacting the Arakan Army. Media
township, Rakhine State, came under gunfire workers practised self-censorship and
and the driver was killed. On 28 October, two routinely disclosed that they were not able to
men were injured and one killed aboard an contact the relevant ethnic armed group for
ICRC-contracted aid vessel in Rathedaung comment, for fear of prosecution.

258 Amnesty International Report 2020/21


Under the Peaceful Assembly and of the government. They issued three
Peaceful Procession Law, organizers of public directives between 19 and 31 March to block
gatherings, such as peaceful demonstrations a total of 2,147 websites under Section 77 of
or processions, were required to notify police the Telecommunications Law, which granted
prior to the event. Failure to do so could the government broad and arbitrary powers
result in criminal sanctions. On 4 September, to suspend telecommunications networks.
poet and activist Maung Saungkha was The authorities restricted meaningful
convicted under Section 19 of this law after access to independent media and human
he placed a banner over a highway during a rights monitors in conflict-affected areas.
protest marking the one-year anniversary of Journalists and media outlets faced pressure,
restrictions on mobile internet intimidation and harassment for reporting on
communications in parts of Rakhine and sensitive issues. The threat of arrest loomed
Chin States. Maung Saungkha chose to pay a large for those reporting on conflict,
fine of 30,000-kyat (US$22.50) rather than disproportionately affecting journalists from
serve a 15-day prison sentence. ethnic minority groups. Aung Marm Oo,
During September the authorities arrested editor-in-chief of a Rakhine State-based news
15 members of the All Burma Federation of agency reporting on violations during the
Student Unions (ABFSU). They had conflict between the military and the Arakan
participated in peaceful anti-war Army, remained in hiding where he had been
demonstrations and pamphleting awareness since May 2019. He faced charges under
campaigns around the country, calling for an Section 17(2) of the Unlawful Associations
end to the conflict in Rakhine and Chin Act, which provided for up to five years’
States, and for the restoration of mobile imprisonment for any person who managed,
internet services in areas affected by the assisted or promoted an unlawful association.
government-ordered slowdown.
Six of them were charged under sections CORPORATE ACCOUNTABILITY
505(a) and 505(b) of the Penal Code. One In September, links were exposed between
was charged under Section 25 of the Natural international businesses and the financing of
Disaster Management Law, and eight were the military, including many units directly
charged under Section 19 of the Peaceful responsible for crimes under international law
Assembly and Peaceful Procession Law. and other human rights violations.5 Leaked
Prison terms of up to six years were handed official documents revealed how the military
down in several cases and legal proceedings received huge revenues from shares in
were ongoing. Other ABFSU members Myanmar Economic Holdings Limited, a
remained in hiding. secretive conglomerate whose activities
included the mining, beer, tobacco, garment
ACCESS TO INFORMATION manufacturing and banking sectors.
In August, the government partially lifted
restrictions on mobile internet connectivity LESBIAN, GAY, BISEXUAL,
imposed in June 2019 in the conflict-affected TRANSGENDER AND INTERSEX (LGBTI)
areas of northern Rakhine and southern Chin PEOPLE
States. Areas where service was restored saw Section 377 of the Penal Code criminalized
a drastic reduction in connection speeds. consensual same-sex relations. Although this
This impeded the flow of information, provision was rarely enforced, the fact that it
especially the documentation of human rights remained on the books created a hostile
violations and abuses and the dissemination environment that legitimized harassment,
of crucial health care information during the discrimination and violence against LGBTI
COVID-19 pandemic. people, placing them at risk of attack and
Authorities cited national security in their extortion by police and other authorities.
use of broad powers to block websites critical

Amnesty International Report 2020/21 259


charges had been filed by the survivor in
RIGHT TO EDUCATION July. In its statement, the military publicly
On 13 February, Children’s Day, an artillery named the survivor but not the perpetrators.
shell landed on the Basic Education Post- In late December, the three soldiers were
Primary School in Kha Mhwe Chaung village, each sentenced to 20 years’ imprisonment
of San Hnyin Wai Village Tract in Buthidaung with hard labour.
Township, injuring at least 17 students.
The military occupied school buildings in
1. World court orders Myanmar to protect the Rohingya (Press release,
Rakhine State, using them as temporary 23 January)
bases. Appropriation of educational facilities 2. Myanmar: Indiscriminate airstrikes kill civilians as Rakhine conflict
not only denied children their right to worsens (Press release, 8 July)
education, but potentially turned schools into 3. Myanmar: Villages burned, civilians injured and killed as Rakhine
military targets, placing the lives and safety of State conflict escalates (Press release, 12 October)
civilians at risk. 4. "I will not surrender": The criminalization of human rights defenders
and activists in Myanmar (ASA 16/2041/2020)
VIOLENCE AGAINST WOMEN AND GIRLS 5. Myanmar: Leaked documents reveal global business ties to military
Progress towards a Prevention of and crimes (Press release, 10 September)
Protection from Violence Against Women
(PoVAW) law was stalled. Members of
parliament continued to debate crucial
provisions of the draft law, including on the
NEPAL
definitions of rape. Under the Penal Code, Federal Democratic Republic of Nepal
marital rape was not considered a crime. Head of state: Bidya Devi Bhandari
Although the latest version of the PoVAW Head of government: Khadga Prasad Sharma Oli
criminalized marital rape, its penalties were
lighter than for rape outside of marriage. Legislation limiting the rights to freedom of
On 21 January, Myanmar’s Independent expression and privacy remained pending.
Commission of Enquiry (ICOE), a domestic Security forces detained individuals for
body charged with investigating atrocities “spreading misinformation” and criticizing
against the Rohingya in Rakhine State during the government during the COVID-19
2016 and 2017, released an executive pandemic. Protesters were detained and
summary of its findings in which it claimed security forces continued to use excessive
that there was “no evidence of gang rape force to disperse protesters and enforce
committed by Myanmar’s security forces”. lockdowns. Efforts toward securing justice,
The ICOE conceded, however, that it had not truth and reparation for crimes under
carried out interviews with Muslim Rohingya international law and human rights
survivors who had fled to Bangladesh. The violations committed during the
ICOE’s claim directly contradicted the 1996-2006 conflict remained grossly
findings of human rights groups, attending inadequate. Indigenous families were
medical practitioners and the UN forcibly evicted and their homes destroyed.
Independent International Fact-Finding Sexual and gender-based violence
Mission on Myanmar, which documented continued with impunity. Gender-based
widespread and systematic rape against discrimination continued in both law and
Rohingya women and girls. practice. Dozens of abuses against Dalits
On 11 September, the military admitted were reported and abuses were often carried
that three of its soldiers raped an ethnic out with impunity. The government did not
Rakhine woman during operations in take adequate measures to protect Nepali
Rathedaung Township on 30 June, despite migrant workers stranded and otherwise
their previous denials when the allegations affected by the pandemic abroad.
were first raised by local media after rape

260 Amnesty International Report 2020/21


protesting the rape and murder of a six-year-
BACKGROUND old girl. The security forces often used
Amid disputes within the ruling party, in excessive force to enforce the lockdown
December President Bhandari dissolved the imposed amid the pandemic.
lower house of Parliament on the
recommendation of the Cabinet led by Prime RIGHT TO TRUTH, JUSTICE AND
Minister Oli. At the end of the year, several REPARATION
challenges against the decision were pending The government failed to deliver truth, justice
before the Supreme Court.   and reparation for thousands of victims of
crimes under international law and human
RIGHT TO PRIVACY rights violations committed during the
The Nepal Special Service Bill, which 1996-2006 armed conflict. The Truth and
included broad and vague provisions allowing Reconciliation Commission and the
intrusion on the right to privacy without Commission of Investigation on Enforced
judicial authorization, remained pending in Disappeared Persons, which together had
the Parliament’s lower house after being collected more than 63,000 complaints of
endorsed by the upper house in May. The crimes committed by state security forces
Ministry of Information and Communication and armed opposition groups, failed to carry
drafted a Bill on Telecommunications giving out effective and independent investigations.
authorities sweeping powers to conduct The government failed to amend the
surveillance and collect and record Enforced Disappearances Enquiry, Truth and
information on individuals and organizations Reconciliation Commission Act 2014 to bring
without adequate legal safeguards. it in line with international human rights law
and standards, as repeatedly ordered by the
FREEDOMS OF EXPRESSION AND Supreme Court. In January, the government
ASSEMBLY finalized the appointment of new
A series of bills threatening to severely restrict commissioners to the two commissions
freedom of expression remained pending in without adequate consultations with conflict
Parliament, including the Media Council Bill, victims and without amending the law
the Mass Communication Bill and the allowing amnesties for serious crimes under
Information Technology Bill. Dozens of international law.
individuals, including journalists, were The ruling party also continued to appoint
detained for “spreading misinformation” or people implicated in conflict-era crimes to
criticizing the government in the context of positions of power without thorough and
the COVID-19 pandemic. The Nepal Press independent investigations. In October, the
Council shut down more than 30 news National Human Rights Commission named
websites for “publishing false and fabricated 286 alleged individual perpetrators and
news”. highlighted the government’s failure to
The security forces continued to detain implement the Commission’s
activists and frequently resorted to excessive recommendations and hold perpetrators to
force to disperse peaceful protesters. In account.
January, police detained human rights
activists peacefully demonstrating for justice MIGRANT WORKERS’ RIGHTS
for conflict-era crimes. In July, security forces The government failed to protect the rights of
tear gassed protesters demanding hundreds of thousands of Nepali migrant
investigations and accountability for the workers stranded abroad as COVID-19
deaths of Dalits in Dhanusha. In November, a lockdowns came into force. They failed to
man died and two others were critically ensure the protection and affordable
injured by bullets after security forces opened repatriation of migrant workers through the
fire at protesters in Mahottari district Foreign Employment Welfare Fund. The

Amnesty International Report 2020/21 261


authorities also failed to ensure adequate by a man who was not prosecuted after
standards of living and protect the health and raping a 14-year-old a month earlier.
safety of several returnee migrant workers in
COVID-19 quarantine facilities. In June, a TORTURE AND OTHER ILL-TREATMENT
migrant woman was raped in a quarantine Torture and other ill-treatment were
facility in Kailali district. widespread in pre-trial detention to extract
“confessions” and intimidate detainees.
FORCED EVICTIONS Although the 2017 Criminal Code
In July, without prior notice the Chitwan criminalized torture and other ill-treatment,
National Park authorities forcibly evicted 10 no one had been convicted under it by the
Indigenous Chepang families, setting two end of 2020.
houses on fire and destroying eight other Several allegations of deaths due to torture
homes with the use of elephants. Others were reported, particularly of Dalits and
living in informal settlements across the Indigenous people. In July, Indigenous man
country remained at risk of forced evictions. Raj Kumar Chepang died allegedly after
being tortured by Nepal Army personnel
DISCRIMINATION stationed at the Chitwan National Park. An
The government failed to ensure timely army officer was remanded on charges of
appointments of commissioners to various murder.
constitutional commissions, severely The authorities failed to carry out
impacting their ability to protect and promote independent and credible investigations into
women’s rights and the rights of marginalized several deaths in custody suspected to have
groups including Indigenous Peoples, Dalits, resulted from torture, especially of young
Madheshis, Tharus and Muslims. Dalit men. In August, Bijay Mahara died in
Gender-based discrimination continued police custody, allegedly from torture during
and the government did not address interrogation. Three police officers were
constitutional flaws which denied women suspended for six months, but were not
equal citizenship rights. More than 2,100 charged with torture or murder. Shambhu
incidents of rape and sexual violence were Sada died in police custody in Dhanusha in
reported to the police. Victims included June and Roshan BK in Kailali district in
children and Dalits. Rigid statutory limitations September. The police claimed that both
for rape in the Criminal Code continued to men had committed suicide, while their
allow impunity for perpetrators. families alleged that they were tortured to
In September, the government passed two death.
ordinances aimed at ending acid attacks
against women and girls.
Despite provisions in law and policy to
address discrimination based on caste,
NETHERLANDS
numerous incidents of discrimination, Kingdom of the Netherlands
ostracization, killings and sexual violence Head of state: Willem-Alexander
against members of the Dalit community Head of government: Mark Rutte
were reported. In May, opponents of an inter-
caste relationship killed six men including Prison-like migration detention remained a
four Dalits in Western Rukum district. Also in concern. The Minister of Justice and
May, a 12-year-old Dalit girl was allegedly Security announced changes to rape
raped and killed in Rupandehi district after legislation to bring it more in line with
being forcibly married to her alleged rapist, human right standards. Ethnic profiling by
who belonged to a dominant caste. In police continued to be a concern. Predictive
September, another 12-year-old Dalit girl was policing methods used artificial intelligence
raped and killed in Bajhang district, allegedly

262 Amnesty International Report 2020/21


without safeguards against mass
surveillance and discrimination. EXCESSIVE USE OF FORCE
During the year the Minister of Justice and
RIGHTS OF REFUGEES, ASYLUM- Security worked on the introduction of
SEEKERS AND MIGRANTS electro-shock weapons in policing, with the
The use of punitive measures such as aim of equipping some 17,000 patrol officers
isolation in migration detention remained a with a Taser X2. Contrary to international
concern, with its use more than doubling in standards, electro-shock weapons may be
the past few years.  used against persons who do not pose an
In June, a pending bill on migration imminent threat to life or risk of serious
detention was amended to give the directors injury.
of detention centres powers to respond to
unrest by imposing a lockdown and DISCRIMINATION
restricting all detainees to their cells in a way Despite mass demonstrations in May and
akin to isolation for a period of up to four June in reaction to the Black Lives Matter
weeks. movement, no measures to combat
Some asylum-seekers remained at risk of discrimination were taken. In 2014 the
deportation as documents which could not authorities had acknowledged ethnic profiling
be verified were not taken into account in in law enforcement and introduced
asylum applications. In December 2019, a interventions such as professional standards,
preliminary ruling had been requested by the training modules and software applications
District Court of The Hague challenging this supporting officers to use their stop and
situation, but no decision was handed down search powers fairly and effectively. However,
by year’s end. evaluations showed their implementation
continued to be inconsistent.
VIOLENCE AGAINST WOMEN AND GIRLS
In May, the Minister of Justice and Security MASS SURVEILLANCE
published a preliminary draft bill of the Law enforcement agencies increasingly used
Sexual Offences Act which proposed no algorithmic risk profiles. Police in the city of
amendments to the legal definition of rape, Roermond conducted an ongoing predictive
retaining “forcible coercion” and “violence” policing experiment designed to prevent and
as its central elements. It introduced a new, detect alleged thefts committed by people
lesser crime of “sexual acts against the from Eastern Europe. In September, an
person’s will” which would carry half the investigation revealed that the project violates
sentence for the current crime of rape. the rights to non-discrimination, privacy and
The definition of rape proposed was not in data protection.1
line with international human rights law and
did not offer sufficient protection for victims
1. Netherlands: We sense trouble: Automated discrimination and mass
of sexual violence. After criticism from civil surveillance in predictive policing in the Netherlands (EUR
society organizations, survivors and 35/2971/2020)
Parliament, the Minister announced in
November that he would amend the proposal
so that all forms of involuntary sex would be
defined as rape.
NEW ZEALAND
During the COVID-19 lockdown measures New Zealand 
in March and April, a specialist helpline Head of state: Elizabeth II, represented by Patricia Lee
reported the number of people calling to seek Reddy
support due to sexual violence went up. Head of government: Jacinda Ardern 

Amnesty International Report 2020/21 263


Investigations revealed that police had used
excessive force during arrests and failed in EXCESSIVE USE OF FORCE
their duty of care to detainees. In February, the Independent Police Conduct
Authority (IPCA) found that a police officer
BACKGROUND had unjustifiably kicked a 13-year-old boy in
To prevent the spread of COVID-19, the the head during arrest. In April, the IPCA
government enforced a state of emergency found in a separate incident that a police
from 25 March until 13 May and restricted officer was not justified in punching a 13-
movement, mass gatherings and entry into year-old boy during arrest, and that the police
the country.  had failed in their duty of care to arrange
In August, the High Court ruled that during immediate medical attention for an obvious
the first nine days of the nationwide lockdown head injury after the arrest.
the government acted in a necessary, In August, the IPCA found the police had
reasonable and proportionate way but failed in their duty of care to a man who died
exercised powers which lacked legal basis for after being in police custody. It found
those nine days. insufficient assessment and monitoring, and
incorrect application of a spit hood.
TORTURE AND OTHER ILL-TREATMENT
In July, an inquiry into New REFUGEES AND ASYLUM-SEEKERS 
Zealand Defence Force (NZDF) in The Community Sponsorship of
Afghanistan operations in 2010 found that Refugees pilot, a community-led
the NZDF gave erroneous information complementary pathway to the government-
to ministers and the public about civilian led Refugee Quota Programme, received a
casualties over a number of years and failed further three years of funding in
to follow up on credible allegations of torture the government budget.  
of a prisoner they had delivered into Afghan
detention. SEXUAL AND REPRODUCTIVE RIGHTS
In August, reports from recent inspections In March, the Abortion Legislation Act was
of five secure mental health units within enacted, allowing women to seek an abortion
hospitals under the Optional Protocol to the without restrictions within the first 20 weeks
UN Convention against Torture (OPCAT) of their pregnancy. After 20 weeks, women
found that two units had practices amounting must consult a qualified health practitioner to
to cruel, inhuman or degrading treatment, assess their physical and mental health and
including one unit which used seclusion well-being.
rooms as long-term bedrooms when facilities
were over capacity.
Prison inspections under OPCAT in April
and May observed that while the prisons’
NICARAGUA
overall COVID-19 response had been well- Republic of Nicaragua
resourced, balanced and efficient, four out of Head of state and government: Daniel Ortega Saavedra
the nine prisons “had difficulties ensuring
that all prisoners received one hour of fresh
air on a daily basis”.  A Department of Nicaragua’s human rights crisis continued
Corrections review of this practice in May throughout 2020, as did the authorities'
found strategy of repressing dissent. The
that inconsistent manual documentation government’s response to the COVID-19
practices meant that it was unclear whether pandemic ignored the health
minimum entitlements had been met in all recommendations of international
instances. organizations. Arbitrary arrests and
detentions of political activists continued

264 Amnesty International Report 2020/21


and new threatening laws against dissent overcrowded and unsanitary prison system
were adopted. Hundreds of migrant workers was especially concerning. Moreover, reports
and asylum-seekers from Nicaragua seeking of the poor supply of drinking water and lack
to return to the country in the context of the of adequate medical care and medicine
pandemic faced obstacles imposed by the within the prison system continued.3
government. Impunity persisted for those Local organizations and relatives of
suspected of criminal responsibility for individuals whose detention was politically
violence against Indigenous Peoples. motivated reported that some of these
detainees suffered from serious pre-existing
RIGHT TO HEALTH health problems that render them especially
Despite recommendations of international vulnerable to COVID-19. In addition, they
organizations in the context of the COVID-19 reported that none of them was tested for
pandemic, the Nicaraguan authorities COVID-19 or receiving proper health care.4 In
promoted mass gatherings where social May, the OHCHR expressed concern over
distancing was not possible. In April, the Pan reports that approximately 40 of these
American Health Organization (PAHO) detainees had presented symptoms
expressed concern about the Nicaraguan consistent with COVID-19 and/or suffered
government’s response to COVID-19, which from chronic health conditions.
did not include promoting social distancing
measures, but rather called for mass FREEDOMS OF ASSOCIATION,
gatherings. PAHO also described the ASSEMBLY AND EXPRESSION
prevention and control processes The authorities continued targeting
implemented by the authorities as journalists, human rights defenders and local
inadequate.1 In May, PAHO added that, NGOs. By the end of 2020, the legal
despite repeated requests and the registration of nine human rights
government’s response that it would allow organizations, which had been cancelled by
PAHO to visit health facilities and provide the National Assembly in December 2018,
detailed information, the authorities took no had not been restored and their assets
action. remained confiscated. In June, the National
Local groups highlighted the lack of Assembly cancelled the legal registration of
information that the government provided an additional NGO that worked in the
about the pandemic and public policies for municipality of Camoapa. Later, in August,
prevention, diagnosis and containment. The Fundación del Río reported that six of its
OHCHR also noted with concern the lack of properties, including reforestation areas and
state transparency regarding official nature reserves, had been
information about the response to COVID-19. arbitrarily confiscated.
By August, at least 31 health workers had Throughout the year, reports of illegitimate
been dismissed from their jobs in the public restrictions on the right of peaceful assembly
sector, according to the Citizen Observatory continued. The OHCHR and the Inter-
COVID-19 Nicaragua and local lawyers. American Commission on Human Rights
These dismissals occurred after workers (IACHR) received reports of different
expressed concerns about their working demonstrations and public events that were
conditions, the lack of personal protective repressed or restricted by the government or
equipment (PPE), or made public their pro-government groups.
concerns about the state response to the Between March and mid-July, the
pandemic.2 Observatory of Aggressions on the
In the context of COVID-19, the situation of Independent Press of Nicaragua reported
political activists and those perceived as 351 aggressions, including the
government opponents who remained criminalization of journalists, arbitrary
detained in Nicaragua’s precarious, detentions and the harassment of media

Amnesty International Report 2020/21 265


workers and their families. Additionally, government to establish responsibility for the
between mid-July and mid-December the killings or to prevent future attacks.
Observatory received reports of 943
aggressions.
1. Nicaragua: Government increases risk of COVID-19 infection in a
In October, the National Assembly country already devastated by two years of crisis (Press release, 16
approved the Law for the Regulation of April)
Foreign Agents and the Special Law on 2. Nicaragua: International organizations call on president Ortega to
Cyber-crimes. The following month, the stop harassment and arbitrary dismissals of health workers (Press
release, 17 June)
National Assembly approved, on first reading,
a reform of the Constitution that would allow 3. Prison and the pandemic: The lethal cocktail used by the Nicaraguan
government against those who criticize them (Press release, 10
lifetime imprisonment. In the current context, August)
there was a well-founded fear that these laws
4. ‘She doesn’t want to die there’: Women activists punished with jail in
would be used to target people who speak Nicaragua amid COVID-19 (Press release, 14 August)
out against repressive policies and call for
respect for human rights.
In December, the Law for the Defence of
the Rights of the People to Independence,
NIGER
Sovereignty and Self-Determination for Peace
Republic of Niger
was approved by the Assembly. The same
Head of state: Mahamadou Issoufou
month, the General Secretariat of the Head of government: Brigi Rafini
Organization of American States stated that
this law seeks to restrict political rights and
jeopardize fundamental rights enshrined in Freedoms of expression and peaceful
international instruments. assembly were routinely violated; civil
society members and journalists who
ARBITRARY DETENTION criticized government policy were targeted.
Hundreds of people have been incarcerated New legislation allowed the authorities to
since April 2018 for the free exercise of their intercept electronic communications,
rights. By December, local organizations without adequate oversight by an
reported that more than 100 of them independent authority. Armed groups
remained in prison. Arbitrary arrests and committed human rights abuses against the
detentions of political activists were reported population. At least 72 people were
even during the pandemic. extrajudicially executed and dozens forcibly
Additionally, political activists released disappeared by the army in Tillabéry.
from prison reported harassment and
surveillance by the authorities and pro- BACKGROUND
government groups. As of early December, at Presidential and legislative elections were
least 31 people held for political reasons had held in December. The National Commission
been re-arrested after being released, for Political Dialogue acceded to opposition
according to local organizations. demands by rescheduling local elections to
December, but differences persisted over the
INDIGENOUS PEOPLES’ RIGHTS composition of the Independent National
Local NGOs and communities continued to Electoral Commission and the electoral
report the presence of non-Indigenous enrolment of Nigeriens abroad.
settlers on their lands, as well as threats and In February, a Ministry of Defence audit of
attacks by settlers. Despite the fact that some government contracts was leaked and
of the attacks resulted in deaths of revealed allegations of misuse of defence
Indigenous people, according to local funds within the Ministry. Opposition and civil
organizations and media reports, no special society members responded with demands
protection measures were put in place by the

266 Amnesty International Report 2020/21


that those suspected of being involved be President’s son complained about a
held accountable. comment on his role in the alleged misuse of
The government declared a state of defence funds, which had been made by
emergency on 27 March to respond to the another user on her Facebook page. In July,
COVID-19 pandemic. On 30 March, the the Niamey High Court dismissed the
authorities released 1,540 prisoners to ease charges and she was released after 48 days
overcrowding and thereby reduce the risk of in detention.
COVID-19 infection. One of those released
was Hama Amadou, an opposition leader. Mass surveillance
In May, the National Assembly voted to pass
FREEDOM OF EXPRESSION the Interception of Electronic
Journalists, human rights defenders and civil Communications law which authorized the
society activists were arrested after they government to intercept electronic
demanded government accountability in communications for the purpose of national
connection with the leaked Ministry of security and threatened to seriously
Defence audit, or otherwise criticized undermine the rights to privacy and freedom
government measures to control the spread of expression. The law did not provide for an
of COVID-19. The authorities used the 2019 independent authority to sanction
Cybercriminality Act to arrest people for surveillance requests, or for a body which
exercising their right to freedom of could adequately oversee interceptions.
expression.
In March, police arrested Mamane Kaka FREEDOM OF ASSEMBLY
Touda, a journalist, for “disseminating data On 13 March, the government banned all
likely to disturb public order” after he posted gatherings of over 1,000 people as a
a Facebook message which warned about a measure to control the spread of the
potential COVID-19 case in the Niamey COVID-19 pandemic. On 15 March, security
General Hospital. In the same month, he was forces brutally suppressed a demonstration in
convicted by a court in the capital, Niamey, Niamey organized by civil society
and received a three-month suspended organizations which called for an
sentence. In April, the same charges were investigation into the audit that revealed the
used against Mahaman Lawali Mahaman Defence Ministry had misused funds.
Nassourou, a member of the Network of Security forces prevented the protesters’
Organizations for Transparency and access to a venue where they intended to
Budgetary Analysis (ROTAB) after he shared hold their demonstration and fired tear gas to
a WhatsApp message from a religious disperse them, resulting in a fire at Tagabati
organization which denounced the closure of market in which three people died.
places of worship in response to the Six of the organizers were arrested in the
COVID-19 pandemic. He was detained for following days on trumped-up charges
one month and provisionally released on 25 including complicity in the damage of public
May. property, arson and manslaughter. On 1 May,
Also, in April, Ali Idrissa, the ROTAB Co- three of them, Moussa Tchangari, the
ordinator, was arrested and charged with General Secretary of Alternative Espaces
defamation and “disseminating data likely to Citoyens, Habibou Soumaila, member of
disturb public order” for posting a message Tournons La Page Niger (TLP Niger) and Sani
on Facebook about the involvement of Chekaraou, President of the Niamey
military officers in the misuse of defence Wholesalers’ Association, were provisionally
funds. He was released without charge after released. On 29 September, the remaining
five days. three, Maikoul Zodi, Co-ordinator of TLP
In June, Samira Sabou, a journalist, was Niger, Halidou Mounkaila of the teachers’
subject to the same charges after the

Amnesty International Report 2020/21 267


union SYNACEB, and Moudi Moussa, a reserve in Tillabéry, including seven
journalist, were also provisionally released. humanitarian workers, were killed by ISGS
members.
WOMENS’ AND GIRLS’ RIGHTS
Niger failed to implement the 2019 ENFORCED DISAPPEARANCES
concluding observations of the Human Rights Between 27 March and 3 April, at least 115
Committee which recommended changes to people were forcibly disappeared by the army
legislation to provide safe access to abortion who were deployed in Tillabéry as part of
for women and girls. Abortion was still operation Almahou. The authorities denied
criminalized in Niger and only allowed in any responsibility on the part of the army.
instances where the mother’s life is at risk. On 4 September, the National Human
Rights Commission published its report on
REFUGEES AND ASYLUM-SEEKERS these incidents and concluded that the army
In January, the High Court in Agadez ruled was responsible for the enforced
sit-ins held by asylum-seekers in front of the disappearances and that 72 of the
office of UNHCR, the UN refugee agency, to disappeared had been extrajudicially
be illegal. The asylum-seekers had been executed by soldiers and their bodies buried
protesting against the refugee camp living in at least six mass graves. The fate or
conditions and resettlement delays. Following whereabouts of the others remained
the ruling, the police violently dispersed the unknown at the end of the year.
sit-ins, forcing protesters to return to the
UNHCR camp where some of them RIGHT TO HEALTH AND WORKING
destroyed part of the camp. Subsequently, CONDITIONS OF HEALTH WORKERS
the police arrested 336 asylum-seekers. They The authorities failed to provide health
were charged for “organized rebellion” and workers who treated COVID-19 patients with
“arson”. On 10 February, the High Court in adequate PPE, despite the announced
Agadez convicted 111 of them, including one recruitment of 1,500 additional health
woman, on these charges. After being given personnel, who were deployed from July
suspended sentences ranging from six to 12 onward.
months, they were released. The ban on motorbikes due to the
emergency law in several departments also
ABUSES BY ARMED GROUPS negatively impacted the accessibility of health
Armed attacks continued and emergency law centres to the population.
was maintained in several departments of
Diffa, Tahoua and Tillabéry, and extended
during the year to Kollo and Balléyera, also in
the Tillabéry region.
NIGERIA
Armed groups, including the Islamic State Federal Republic of Nigeria
in the Greater Sahara (ISGS) and the Islamic Head of state and government: Muhammadu Buhari
State in West Africa Province, perpetrated
human rights abuses including abductions
and unlawful killings. Both the armed group Boko Haram and
On 9 May, unidentified gunmen killed 20 Nigerian security forces continued to
men in the villages of Gadabo, Zibane-Koira commit serious crimes in the north-east,
and Zibane-Tegui in the Tillabéry region. including war crimes and likely crimes
On 25 June, 10 humanitarian workers with against humanity. Boko Haram killed
the NGO APIS, were abducted by gunmen in hundreds of civilians and carried out
Bossey Bangou in the Tillabéry region while abductions which targeted women and girls.
they were distributing food to residents. On 9 Government forces carried out
August, eight visitors to the Kouré giraffe indiscriminate attacks against villages and

268 Amnesty International Report 2020/21


continued to detain thousands in inhumane Daciya Dalep, a 22-year-old student, was
conditions. In the north-western and north- executed by a child soldier.
central regions, over 1,500 people died in At least 30 civilians were killed in February
inter-communal violence and bandit when members of Boko Haram attacked
attacks. Everywhere, excessive use of force people trying to enter the town of Auno. In
resulting in unlawful killings, and torture June, around 81 people were killed and
and other ill-treatment were widespread. several others abducted during an attack on
The fate of hundreds of Islamic Movement the village of Faduma Kolomdi. In October,
of Nigeria (IMN) members who disappeared some 20 farmers were killed in Boko Haram
in 2015 remained unknown. Meanwhile, attacks in the villages of Ngwom and
impunity for such crimes persisted. The Moromti.
rights to freedom of expression and Throughout the year, Boko Haram
peaceful assembly and association were abducted hundreds of women and girls and
routinely violated. In the context of subjected them to rape and forced marriage,
COVID-19, gender-based violence increased including 20 who were taken in July when
and the right to health was undermined. they were searching for firewood near the
Thousands of people were forcibly evicted Gamboru internally displaced people’s camp
from their homes. in Borno state.

BACKGROUND Humanitarian workers


In January, Chad withdrew its troops from In June, the Islamic State West Africa
Nigerian territory. The Chadian troops were Province (ISWAP), a Boko Haram faction,
part of the Multinational Joint Task Force, a threatened to target aid workers,
regional initiative established to counter humanitarian facilities and anyone it believed
armed group attacks in the region. In March, to have “helped” the military.
at least 50 soldiers were killed in a Boko On 15 January, following negotiations with
Haram ambush in Yobe state. the authorities, ISWAP released five aid
In March, the government introduced workers – two women and three men – who
measures to control the spread of COVID-19, had been abducted outside Maiduguri a
including an initial lockdown on non-essential month earlier. On 22 July, the same group
activities, a curfew, school closures and a executed five aid workers it had abducted in
ban on international and domestic flights. June on the Monguno-Maiduguri road in
Restrictions were gradually eased and then Borno state.
lifted in September.
UNLAWFUL ATTACKS
ABUSES BY ARMED GROUPS More than 1,531 people died and thousands
Boko Haram continued to commit grave were displaced in inter-communal violence
human rights abuses in the north-east, mostly between herdsmen and farming
including killings and abductions of civilians, communities, as well as in attacks by
which amounted to war crimes and may have bandits, in the north-central and north-
constituted crimes against humanity. More western regions. More than 1,015 people
than 420 civilians died in around 45 attacks, were taken hostage by unidentified gunmen;
many of them in Borno state, but also in in December, over 300 students of
Adamawa and Yobe. Meanwhile, Boko Government Science Secondary School in
Haram continued to recruit child soldiers. Kankara in Katsina state were abducted from
In Adamawa state, on 20 January, Boko their hostels, although they were released a
Haram members beheaded Reverend Lawan few days later. The violence forced many
Andimi, 18 days after abducting him in farming families to flee to urban areas or
Michika, Adamawa state. In the same month, displacement camps.

Amnesty International Report 2020/21 269


Between January and July, at least 366 mid-April, including the use of excessive
people were killed in villages in Kaduna state force perpetrated by security forces in 24 of
by suspected herders. In May, some 74 the country’s 36 states and in the Federal
people were reportedly killed in Sokoto state Capital Territory Abuja.
when gunmen attacked four villages in the On 23 August, security forces opened fire
Sabon Birni Local Government Area. on unarmed members of the separatist group
Civilians were also killed when government the Indigenous People of Biafra (IPOB), who
forces launched indiscriminate attacks were holding a meeting at a school in Emene
against Boko Haram. On 13 April, at least 10 in Enugu state, killing at least four people.
children and seven women were among Witnesses said officers of the Department of
those killed when the Air Force accidentally State Services (DSS), police and military were
bombed the village of Sakotoku in Damboa at the scene, some of whom shot directly at
Local Government Area in Borno state. IPOB members who were carrying stones
and sticks. The authorities said two security
INTERNALLY DISPLACED PEOPLE force officers were also killed in the incident.
Thousands of people were internally In October, security forces used excessive
displaced by inter-communal violence and force to disperse peaceful protests and
attacks by armed groups in the northern assemblies, including the #EndSARS
regions. Many were also displaced as a result demonstrations, resulting in the deaths of 56
of military attacks against Boko Haram. On 3 protesters, bystanders and members of the
January, soldiers razed the villages of Bukarti, security forces. (SARS - the Special Anti-
Ngariri and Matiri, forcing hundreds of Robbery Squad - is a unit of the police tasked
residents to flee to a camp near Maiduguri in with fighting violent crime.)
Borno state. In September, the Borno state
Governor facilitated the return of around ARBITRARY ARRESTS AND DETENTIONS
1,000 people, who had been displaced for The military continued to detain thousands of
years, to their homes in the town of Baga. people. They arbitrarily arrested and detained
those suspected of links to Boko Haram.
EXCESSIVE USE OF FORCE Detainees were denied access to their family
The security forces committed grave human members and lawyers and were not brought
rights violations, including torture and other before courts. Children who fled Boko
ill-treatment, and the use of excessive force Haram-controlled areas were also arrested
which resulted, on some occasions, in and held in military detention facilities,
unlawful killings. including Giwa barracks in Maiduguri and the
In January, security agents shot and Kainji military base in Niger state. In June,
injured five IMN members during a protest to 602 Boko Haram suspects were released to
demand the release of their leader, Sheikh the Borno state government for resettlement.
Ibraheem El-Zakzaky, and his wife, Zeenah, The military flouted an Abuja High Court
in Abuja. order in July for the release of Martins
The authorities repressed human rights, Idakpini, an army officer who was detained in
including the rights to freedom of expression, June after he publicly condemned the
peaceful assembly and freedom of military’s handling of the fight against Boko
movement. Such violations were prevalent in Haram insurgents.
the context of enforcing COVID-19 measures:
between 30 March and 13 April, at least 18 TORTURE AND OTHER ILL-TREATMENT
people were killed by the Nigerian The use of torture and other ill-treatment
Correctional Service, the police and the remained pervasive throughout the criminal
military. The National Human Rights justice system and was perpetrated by the
Commission documented 105 complaints of police (particularly the SARS), the DSS and
human rights violations between March and the military.

270 Amnesty International Report 2020/21


and perceived critics. Non-state actors also
ENFORCED DISAPPEARANCES subjected journalists to intimidation,
Throughout the year, security agencies, harassment and beatings.
including police, military and DSS officers, The Social Media and Hate Speech bills
arbitrarily detained and subjected people to remained before the Senate at the end of the
enforced disappearance. year. If enacted, there could be an increased
Security agencies had not yet accounted risk of repression of human rights, including
for about 600 members of the IMN who went the right to freedom of expression.
missing in 2015, following an incident in In April, in Ebonyi state, police arrested
which at least 347 IMN members were killed The Sun newspaper journalist Chijioke Agwu
by the military in Kaduna state. after he published an article on a Lassa fever
There was no news of Abubakar Idris (also outbreak. Peter Okutu, of the Vanguard
known as Abu Hanifa Dadiyata), an activist newspaper, was arrested for his report about
and government critic, who was abducted in a military attack on the Umuogodoakpu-Ngbo
August 2019 by unidentified armed men community in the Ohaukwu Local
from his home in Kaduna. Government Area. They were both released a
few hours after their arrests.
IMPUNITY Also in April, Mubarak Bala, President of
The government failed to promptly, the Humanist Association of Nigeria, was
thoroughly and effectively investigate arrested by Kano state Police Command
allegations of human rights violations and officers on allegations that he had insulted
abuses or bring suspected perpetrators to the Prophet Muhammad on Facebook. He
justice. In particular, no genuine steps were remained in detention, without charge or
taken to investigate or prosecute crimes access to lawyers at the end of the year,
under international law committed by Boko despite a 21 December order for his release
Haram or the Nigerian military in the context by the Federal High Court of Abuja.
of the conflict in the north-east. The authorities took measures to limit
The government had still not released its broadcast media’s ability to carry out their
report on the findings of a presidential panel constitutional watchdog roles. In August, the
which had claimed to investigate the federal government amended the Nigerian
military’s compliance with human rights Broadcasting Code, increasing the fine for
obligations and the rules of engagement. In “hate speech” from NGN500,000
December, the ICC Prosecutor announced (US$1,300) to NGN5 million (US$13,000).
the closure of the court’s preliminary The National Broadcasting Commission fined
examination and stated that she would Channels TV, Arise TV and African
request authorization from the judges of the Independence Television for reporting on the
Pre-Trial Chamber of the Court to open #EndSARS protests in October, citing alleged
investigations. violation of the broadcasting code, including
The authorities continually ignored court the use of “unverified online video footage”.
orders and undermined the rule of law. In In November, Amnesty International
March, the Attorney General defied an Abuja Nigeria received threats and harassment
Federal High Court order to hand over the from a group calling itself the Centre for
soldiers who were allegedly responsible for Africa Liberation and Socio-Economic Rights
killing three policemen in Taraba state in after it had issued a statement on reports of
August 2019. killings of peaceful protesters at the Lekki Toll
Gate in Lagos state. The group issued an
FREEDOM OF EXPRESSION ultimatum for Amnesty International to leave
The authorities used repressive laws to the country within seven days. The group’s
harass, intimidate, arrest and detain human spokesperson also threatened to attack the
rights defenders, activists, media workers

Amnesty International Report 2020/21 271


staff, supporters and premises of Amnesty compensation to a woman he had physically
International. and verbally assaulted in 2019. The Senator’s
appeal against the decision was pending at
RIGHT TO HEALTH the end of the year.
Prison conditions By the end of the year, 17 of the 36 states
Prisons remained chronically overcrowded had adopted legislation which provided
and around 70% of inmates were in pre-trial protection from gender-based violence.
detention, some for over five years. In April,
the federal government announced the RIGHTS OF LESBIAN, GAY, BISEXUAL,
release of 2,600 prisoners in an amnesty to TRANSGENDER AND INTERSEX (LGBTI)
reduce overcrowding and control the spread PEOPLE
of COVID-19. On 31 March, six inmates in Gay men, lesbians and bisexual people
Kaduna Correctional Centre were killed by continued to be arrested by security agents
prison guards following a protest sparked by on the basis of their sexuality, and gay men
fears of the spread of COVID-19. were subjected to blackmail and extortion by
mobs and individuals.
Health workers In October, a court in Lagos dismissed a
Health workers were not adequately case against 47 men prosecuted for public
protected from COVID-19 infection. Working displays of affection with members of the
conditions were hazardous as a result of PPE same sex at a hotel in Lagos in 2018.
shortages, dilapidated and over-stretched
health facilities, low wages and harassment RIGHT TO HOUSING AND FORCED
by security forces. These were among the EVICTIONS
reasons for the strike by the National Authorities in the Federal Capital Territory,
Association of Resident Doctors in June. Lagos and Benue states forcibly evicted
thousands of people without adequate notice,
GENDER-BASED VIOLENCE compensation or the provision of alternative
Gender-based violence, including sexual accommodation. In January, the Navy used
violence, against women and girls was live ammunition over a two-day period to
widespread. forcibly evict hundreds of families from their
In February, over 200 women’s groups land in Tarkwa Bay, Lagos state. Some
took to the streets in Abuja to protest against residents said their children went missing
the physical attack by Enugu state police on during the incident.
Goodness Ibangha, a lawyer for the NGO In April, Lagos state officials demolished
Women’s Aid Collective. around 10 houses during a forced eviction in
According to official statistics, over 3,600 Yaya Abatan in Ogba.
rapes were recorded during the COVID-19 In May, more than 20 houses were
lockdown. Barakat Bello, aged 18, and destroyed in the Logo 1 area of Makurdi in
Uwaila Omozuwa, aged 22, were raped and Benue state, overseen by armed police. The
killed in separate incidents in May and June. Benue state Governor denied any
In June, governors in all states announced involvement in the demolition and failed to
their intention to declare a state of investigate the incident.
emergency to tackle rape and other gender- In August, hundreds of houses were
based violence against women and children. demolished, and thousands of people were
They also agreed to impose harsher displaced at the Nepa Junction settlement in
punishments against perpetrators. Apo in the Federal Capital Territory, while
In September, a Kogi state Commissioner armed police dispersed residents with tear
was prosecuted for rape, and a Federal High gas, resulting in some residents being
Court in Abuja ordered a Senator to pay hospitalized.
NGN50 million (US$130,000) in

272 Amnesty International Report 2020/21


On 31 December, residents of Monkey while condemning the South Korean
Village in the Opebi area of Lagos state were government for failing to stop North Korean
forcibly evicted when houses and buildings activists living in South Korea from sending
were demolished by bulldozers with the aid of politically sensitive leaflets over the border
police and thugs. using balloons and drones. On 16 June, the
authorities demolished the office building.
DEATH PENALTY
Courts continued to impose death sentences, FREEDOM OF MOVEMENT
but no executions were carried out. In On 22 January, the authorities closed all
August, Yahaya Sharif-Aminu, a musician, borders and imposed a total ban on the
was sentenced to death by hanging for movement of people and goods in and out of
blasphemy by the Upper Shari’a Court in the country, to prevent the spread of
Kano. COVID-19. Prior to this, North Koreans
already needed to secure government
approval to leave the country. Due to the
NORTH KOREA reinforced border security measures, only
195 North Koreans resettled in South Korea
Democratic People’s Republic of Korea between 1 January and 30 September, the
Head of state: Kim Jong-un lowest number since 2003 when records
Head of government: Kim Tok-hun (replaced Kim Jae- were first made available.
ryong in August)
EXTRAJUDICIAL EXECUTIONS
In response to the COVID-19 pandemic, the On 22 September, the military shot dead a
authorities enforced even more severe South Korean civilian official floating on an
restrictions on the rights to freedom of object in North Korean waters after
movement and expression. Significant parts questioning him at a distance. Three days
of the population suffered from food later, the government issued a public apology
shortages and inadequate health care. The to the South Korean President but did not
government continued to refuse entry to the mention whether an investigation or judicial
UN Special Rapporteur on the situation of procedures had been initiated into the killing.
human rights in the Democratic People’s Earlier that month, foreign media reported
Republic of Korea, amid numerous reports that the Ministry of Social Security had
of arbitrary detention and gender-based empowered border guards to shoot
violence. unauthorized people coming within 1km of
the North Korean-Chinese border, as part of
BACKGROUND the stricter border security measures to
The government reported no cases of prevent COVID-19 infections.
COVID-19 during the year. On 24 July, it
ordered a lockdown of the city of Kaesong on VIOLENCE AGAINST WOMEN AND GIRLS
the border with South Korea, after it More than 70% of North Koreans who left the
suspected a man who had returned from country and settled in South Korea since
South Korea of being infected with the virus. 2003 were women and girls. Some of these
He eventually tested negative for COVID-19. North Korean women told Amnesty
The government ended the lockdown on 14 International that sexual and other violence
August. against women and girls was common in
Relations with South Korea deteriorated. their home country, but the topic was taboo
The Inter-Korean liaison office in Kaesong and people often blamed the victim.
was closed on 30 January to prevent the Frequently, the women remained silent about
spread of COVID-19. In June, authorities such abuses, even when continuing to suffer
warned that they would destroy the office, similar treatment after leaving North Korea.

Amnesty International Report 2020/21 273


Reports of North Korean women who were
sexually abused by officials in South Korea RIGHTS TO FOOD, WATER AND
after their arrival revealed the wider SANITATION
phenomenon of continuing violence faced by The UN estimated that half of the country’s
women during different stages of their schools and health facilities lacked access to
journey. Women and girls were subjected to safe drinking water, sanitation and hygiene. It
rape and other forms of gender-based estimated that 10 million people were food
violence by human traffickers who facilitated insecure and in urgent need of food
their passage out of the country. As North assistance. Nineteen per cent of children
Korean women illegally entering China faced suffered from chronic malnutrition, which
a high risk of being arrested and forcibly was also linked to diseases arising from
repatriated, human traffickers were able to unsafe drinking water and poor sanitation.
coerce them into sex work or forced The border closures significantly reduced
marriage. The UN reported instances where food imports, causing a surge in grey market
women were subjected to physical abuse, food prices. This brought another challenge
unnecessary and invasive body searches, or to a poverty-stricken population that
other forms of ill-treatment by North Korean depended on these markets for much of its
authorities after being arrested in China, food supply. Heavy rains and typhoons in
forcibly repatriated, and detained. August and September caused damage to
infrastructure and farmland, including where
RIGHT TO HEALTH food production was concentrated, increasing
A lack of medical supplies, exacerbated by the risk of food shortages.
the imposition of UN sanctions since 2017,
left the country ill-prepared for public health FREEDOM OF EXPRESSION
emergencies, including the COVID-19 The authorities made no improvements in
pandemic. According to individuals who allowing information exchange between
worked in North Korea’s health sector, the people inside and outside the country. All
scarcity of resources prompted the emerging communications continued to be strictly
middle class to secure medicines or health controlled, and only a select few from the
services in the informal economy, or so-called ruling elite were able to access the internet or
“grey markets”. The resulting pay-for-care international mobile phone services. The
system for those who could afford it existed general population relied on imported mobile
alongside the official system of nominally free phones and data SIM cards available in the
medical care.1 The border closure and grey markets to reach people abroad.
stricter security measures further interrupted According to people from North Korea who
humanitarian aid supplies, legal imports and spoke to Amnesty International, any
smuggling of goods into the country, causing communications on these phones were
a shortage of medicines in the markets. subject to heavy surveillance and signal
Many aid agencies temporarily withdrew jamming by the authorities. Individuals
their operations because of health and safety caught using them to communicate with
concerns during the COVID-19 pandemic. A people outside the country, especially
number of UN agencies and NGOs were concerning COVID-19, could be charged with
nonetheless able to obtain exemptions from crimes such as espionage, and faced the risk
UN sanctions and managed to bring of arrest, detention and harsh punishment.
materials including medicines and personal
protective equipment into the country. ARBITRARY ARRESTS AND DETENTIONS
The government continued to deny the
existence of four known political prison
camps, where up to 120,000 people
remained detained and subjected to torture,

274 Amnesty International Report 2020/21


forced labour and other ill-treatment, and were selective in enforcing compliance with
harsh conditions including inadequate food. curfews and the ban on religious or public
Many of them had not been convicted of any gatherings.
internationally recognizable criminal offence In April, the government cut NGO funding
and were arbitrarily detained solely because by €525,000, compromising their ability to
they were related to people who were deliver essential services. Courts barely
deemed a threat to the state or for “guilt-by- functioned, making slow progress in
association”. Others were detained for prosecuting individuals charged with violating
exercising their rights, such as the freedom to COVID-19 restrictions.
leave their own country.
At least six South Korean nationals were in IMPUNITY
custody. Three of them were missionaries Legislation in March closed the Special
serving life sentences and three were Prosecution Office, created in 2015 with
originally North Koreans who had moved to jurisdiction over alleged serious crimes,
the South. The authorities denied their rights including human rights violations, by former
to access South Korean diplomats, lawyers of government ministers and officials. Over 20
their choice, or their families.  unprosecuted cases were transferred to the
Public Prosecutor. The trial of the former
secret police chief and Interior Minister for
1. North Korea: No COVID-19 cases? Two medical professionals tell their
story (News story, 9 July) their involvement in unlawful surveillance
continued. In June, former Special
Prosecutor Katica Janeva was sentenced to
NORTH MACEDONIA seven years’ imprisonment for abuse of
office.
North Macedonia had not yet ratified the
Republic of North Macedonia
International Convention for the Protection of
Head of state: Stevo Pendarovski
Head of government: Zoran Zaev (until 3 January and All Persons from Enforced Disappearance,
from 20 August); Oliver Spasovki (caretaker from 6 signed in February 2007.
January, until July elections)
DISCRIMINATION
Despite the implementation of reforms Discrimination based on ethnicity, religion,
identified by the European Commission gender and sexual orientation persisted, often
(EC), concerns remained about impunity, fuelled by the pandemic. Hate speech and
hate speech, discrimination against women, misinformation on social media often targeted
Roma, and LGBTI people. Unlawful Albanian citizens. The Helsinki Committee for
detention and pushbacks of refugees and Human Rights reported an 80% increase in
migrants continued. anti-Islamic hate speech before the elections,
and in July filed five criminal charges for
BACKGROUND spreading hatred.
The EC approved the start of accession talks
in March, recognizing progress in judicial, Roma
policing and security service reform and in Roma suffered discrimination in accessing
addressing organized crime and corruption. COVID-19-related financial benefits. Instead
In September, the government announced a of government support, vulnerable families
media reform programme, which included received occasional humanitarian packages
addressing the proliferation of “fake news”. from NGOs and some municipalities. The
Following the outbreak of COVID-19, states National Roma Centrum also assisted Roma
of emergency were declared from mid-March families required to self-isolate.
and lifted in mid-June to enable campaigning In March, nine Roma musicians who had
for parliamentary elections in July. The police travelled through Italy in a 200-person

Amnesty International Report 2020/21 275


convoy were quarantined for five days at an taken to Skopje hospital, she had to wait six
army barracks on entering North Macedonia, hours for her COVID-19 test result before
then released; non-Roma travellers were told admission. By then, the baby had died.
to self-isolate at home.
REFUGEES, ASYLUM-SEEKERS AND
Lesbian, gay, bisexual, transgender and intersex MIGRANTS
(LGBTI) people Almost half of the 172 asylum claims lodged
In May, the Constitutional Court struck out by the end of June were made by individuals
the 2019 Law on Prevention and Protection unlawfully detained as witnesses in
against Discrimination, which recognized proceedings against smugglers; one
discrimination based on gender identity and applicant was granted temporary protection.
sexual orientation, for procedural reasons. In The NGO Macedonian Young Lawyers
October, Parliament reinstated the law, but Association reported that by 30 September
failed to ensure the independence of the 24,153 refugees and migrants had been
Discrimination Commission. In August, the prevented from entering the country or were
president of the Tetovo-based NGO LGBT- unlawfully pushed back to Greece.
United was assaulted, receiving head and
eye injuries.

Women
NORWAY
Employers failed to implement COVID-19- Kingdom of Norway
related measures to assist working parents, Head of state: Harald V
disproportionately affecting women, some of Head of government: Erna Solberg
whom had their wages unlawfully reduced if
they took time off. In the textile industry, The government suspended its invasive
women were threatened with lay-offs, non- COVID-19 tracing mobile application which
renewal of contracts, or – as in Štip, in June – risked the right to privacy. Violence against
required to work through a weekend curfew. women remained a serious concern. A
The government failed to fully implement consultation took place on a draft law on
recommendations from NGOs to protect human rights in business and supply
women and children fleeing domestic chains.
violence.
MASS SURVEILLANCE
SEXUAL AND REPRODUCTIVE RIGHTS In April, the government rolled out the mobile
During the pandemic, state clinics could not application Smittestopp (“infection stop”) to
provide routine sexual health and track possible COVID-19 infections. The
reproductive services; the NGO HERA contact tracing app put the right to privacy
prioritized services for Roma and other and security of hundreds of thousands of
vulnerable women. people at risk. After heavy criticism, the app
In March, the CEDAW Committee ordered was suspended and all collected data deleted
North Macedonia to provide reparation to six in June.1
pregnant Roma women unlawfully evicted
from their homes in the capital, Skopje, in DISCRIMINATION
August 2016. Sex-workers’ rights
According to the NGO European Roma Public health restrictions introduced on 12
Rights Centre, a Roma woman died in March March to limit the spread of the COVID-19
during a procedure to remove her dead baby. virus curtailed people’s freedom of movement
She was twice refused admittance at Ohrid and assembly, including that of sex workers
hospital, despite presenting with pain, then (80% of whom are women). Despite being
an infection and fever. When she was finally temporarily prohibited from selling sex from

276 Amnesty International Report 2020/21


March until 27 April, sex workers were
1. Bahrain, Kuwait and Norway contact tracing apps among most
excluded from, and largely unable to access,
dangerous for privacy (News story, 16 June)
state-funded emergency financial aid
packages. This meant some may have been
compelled to continue to sell sex despite the
risks. OMAN
Violence against women and girls Sultanate of Oman
The number of rape cases reported to the Head of state and government: Haitham bin Tariq
(replaced Qaboos bin Said Al Said in January)
police decreased by 10% between 2018 and
2019 and continued to decrease in 2020. It
was not clear whether the decrease was Freedom of expression remained unduly
caused by a reduction in the incidents of restricted, including through prosecutions
rape, or by a reduced willingness to report of and sentences against individuals for
rape. publishing COVID-19-related information
In June, the Director of Public deemed “false” by the government. Oman
Prosecutions published a report on the amended the Foreign Residency Law,
quality of police investigations in rape cases. removing the requirement for foreign
The report noted some progress but workers to obtain a “no objection
highlighted that in half of the reported rape certificate” from their current employer to
cases the lack of a timely and efficient change jobs. Women continued to face
investigation was a problem. discrimination in law and practice. Courts
handed down death sentences.
INTERNATIONAL JUSTICE
In May, the Ministry of Justice concluded that BACKGROUND
a Rwandan national accused of complicity in Oman continued its “Omanization” drive to
the 1994 Rwandan genocide would not be replace expatriates with Omani nationals in
extradited. The accused spent four years in the workforce.
custody as the Ministry of Justice had In April, Oman acceded to the
previously concluded he could be extradited International Convention against Enforced
to Rwanda, but further investigation Disappearance, the UN Convention against
concluded two prosecution witnesses were Torture, and the ICESCR. However, it rejected
not sufficiently credible. the competence of the UN Committee on
Enforced Disappearances and the Committee
CORPORATE ACCOUNTABILITY against Torture to receive individual and
A public consultation was held on a draft law interstate complaints. The reservation to
on human rights in business operations and Article 8 of the ICESCR impinged on the right
supply chains. The government was expected of public employees to unionize and strike.
to present a proposal for a human rights due
diligence law to Parliament before the end of FREEDOM OF EXPRESSION
June 2021. The government continued to unduly restrict
In April, the UN Committee on Economic, the right to freedom of expression, arresting
Social and Cultural Rights (CESCR) noted the and sometimes prosecuting journalists and
law but expressed concern, among other online activists.
things, about inadequate access to remedies On 1 March, shortly after the first
by non-nationals whose rights had allegedly confirmed cases of COVID-19 in Oman, the
been violated by Norwegian companies new Sultan Haitham bin Tariq issued a
abroad. decree reaffirming the extraordinary powers
of the Internal Security Service (ISS) which
has an open-ended mandate “to combat

Amnesty International Report 2020/21 277


activities harmful to the Sultanate’s security
and stability” and has repeatedly been MIGRANT WORKERS
implicated in the arrest of individuals for Migrant workers continued to be tied to their
exercising their right to freedom of employers through the kafala (sponsorship)
expression. system, under which they depend on their
Also in March, the government prohibited employer to enter the country and maintain a
the circulation of all printed publications as legal residency status.
part of measures adopted to contain In June, Oman Royal Police passed an
COVID-19. It announced that several amendment – effective from January 2021 –
individuals had been prosecuted and allowing migrant workers to change jobs at
sentenced, including publishers and the end of their contracts without the
“purveyors of rumours”, for failing to abide by permission of their employers. It was unclear
COVID-19 regulations that prohibit whether domestic workers are covered by
“spreading false news” or “inciting” against this amendment. Prior to that, migrant
the positions taken by state health agencies. workers who moved jobs without the
In June, the government established the permission of their employer were banned
Cyber Defence Centre led by the head of the from entering the country for two years.
Internal Security Service. The Centre was The labour system coupled with migrant
afforded sweeping powers including to workers’ insanitary living conditions,
inspect internet networks, information including crowded labour accommodation
systems and electronic devices of civil, and inequitable access to medical care and
military and private institutions. health insurance, put migrant workers in an
Also in June, the Ibri Court of First even more vulnerable position and at risk of
Instance sentenced Awad al-Sawafi to a infection during the COVID-19 pandemic.1
suspended one-year term of imprisonment, a
fine and a ban on social media use for one WOMEN’S RIGHTS
year for criticizing government agencies for Discrimination against women continued in
“their continuous intimidation of citizens” on law and practice, particularly in matters of
Twitter. The Court of Appeals later confirmed divorce, child custody and inheritance.
the judgement. During the same month, the Specific legislation to address gender-based
Court of First Instance in Muscat, the capital, violence remained absent. Oman maintained
sentenced former Shura Council member its reservations on provisions of CEDAW,
Salem al-Awfi and journalist Adel al-Kasbi to including Article 9(2) which grants women
one year in prison for online comments about equal rights with men with respect to the
corruption and justice. They were both nationality of their children; and Article 16
released on bail. In July, the ISS arrested which grants women equal rights in matters
activist Ghazi al-Awlaqi for comments he relating to marriage and family relations.
made on social media criticizing the
authorities for their intimidation of social DEATH PENALTY
media users. He was released in September. No new death sentences were reported.
On 17 November, the Sultan pardoned Three men and one woman were executed.
390 prisoners, including four of six prisoners
of conscience who had received life
1. Oman: Ensure protection of migrant workers in COVID-19 response
sentences after unfair trials of Shuhuh people (MDE 20/2166/2020)
in 2018 on vague charges related to national
security. The same month, police aggressively
entered two homes in the town of Khasab,
Musandam province, without a warrant and
arbitrarily detained several residents for a
week.

278 Amnesty International Report 2020/21


August, baffling medical experts, after which
PAKISTAN the government relaxed restrictions.

Islamic Republic of Pakistan RIGHT TO HEALTH


Head of state: Arif Alvi Frontline health workers
Head of government: Imran Khan At the outset of the COVID-19 pandemic,
health care facilities faced a severe shortage
The crackdown on the media, civil society of PPE. Doctors were photographed attending
and the political opposition intensified. to suspected COVID-19 patients wearing
Frequent enforced disappearances plastic bags instead of face masks, protective
continued; nobody was held accountable. suits and gloves. Between March and July,
COVID-19 created new challenges for almost 5,400 health workers were infected
economic, social and cultural rights. Health with COVID-19. At least 58 died. Balochistan
workers were detained for peacefully police used unnecessary and excessive force
exercising their right to freedom of against health workers protesting the lack of
expression, and also came under attack at PPE, resources and government support in
their place of work. The Supreme Court Quetta, Balochistan province. Some of the
blocked efforts to relieve prison protesters were arrested and detained for
overcrowding, despite the spread of almost 24 hours.
COVID-19 in prisons. Religious minorities There were instances of violence against
continued to be prosecuted under health workers by police and members of the
blasphemy laws and attacked by non-state public when they were forced to turn patients
actors. Violence against women remained away because hospitals were overwhelmed,
prevalent. Prime Minister Khan made or when they did not immediately return the
encouraging announcements to release bodies of COVID-19 victims to their families
women prisoners and criminalize torture but as part of the protocol to control the spread of
there was little progress in implementing the disease. They included a doctor who was
these measures. The Ministry of Human shot in the legs by a police officer on 17
Rights presided over critical reforms around June, another whose nose was broken by the
the death penalty and child abuse. The family member of a COVID-19 patient on 2
National Commission on Human Rights June, and an instance on 29 May where
remained defunct. women health workers were forced to lock
themselves in a room for their own protection
BACKGROUND when their hospital quarters were vandalized
For most of the year, the COVID-19 pandemic by angry people. No investigation into the
overwhelmed the country’s health attacks was known to have been carried out
infrastructure, paralysed educational by the end of the year, and it remained
institutions and laid bare existing economic unclear whether the government provided
inequalities. The outbreak dominated events additional security to health workers following
in Pakistan for most of 2020, as cases surged repeated requests from hospitals. On 6 April,
after authorities lifted lockdowns prematurely security forces used excessive force against
in a bid to stabilize the economy. Difficulties peacefully protesting doctors in Quetta,
in socially isolating meant that daily wage beating them with batons and detaining 53
earners and essential workers, as well as health workers for at least 24 hours. In July,
prisoners, refugees, students and others, doctors peacefully protesting the lack of
were exposed to greater risks of infection. security were arrested in the region of Azad
The country returned to a policy of “smart Jammu and Kashmir.
lockdowns” in June, isolating certain districts
and areas with a high number of reported
cases. Cases started dropping significantly in

Amnesty International Report 2020/21 279


government announced in April it would
Prisoners create 60,000 jobs to hire these workers to
Prison populations were well over the support its reforestation drive. This was
maximum capacity and prisoners were implemented partially. Pakistan’s social
particularly vulnerable to contracting security systems remained crippled by a lack
COVID-19. The lack of adequate hygiene and of resources; most re-employment
sanitation facilities, scarce medical programmes were ad hoc.
resources, inconsistent testing and the
inability of prisoners to socially distance all RIGHT TO EDUCATION
contributed to easy transmission of the virus. The government closed schools and
Prison authorities took steps to relieve universities for almost six months to prevent
overcrowding. Directives from provincial the spread of COVID-19, forcing classes to
courts also allowed for the release of move online. Internet coverage remained
prisoners considered especially vulnerable to inadequate, with some 68% of the population
the virus. However, shortly after the releases having limited or no access, especially in
were ordered the Supreme Court intervened, remote areas. This negatively affected the
citing a technicality, and the prisoners were right to education of many students who were
re-arrested. By September, at least 1,800 unable to join classes because of a lack of
prisoners had tested positive for COVID-19 in equipment or limited internet access.
prisons around the country. The true number Students in the city of Quetta protested,
was probably higher, since insufficient calling for equal internet access to be able to
numbers of tests were conducted. continue their education. At least 24 students
On 2 September, the Prime Minister were beaten and detained by police officers.
ordered officials to implement a Supreme Video footage showed that those conducting
Court decision to release women prisoners the arrests were not wearing PPE or
who were under trial, convicted of minor maintaining physical distance, increasing the
offences or had served most of their term. risk of spreading COVID-19.
However, by the end of the year no list of
women prisoners had been prepared for ENFORCED DISAPPEARANCES
release and the government had not issued The use of enforced disappearances to
any special notification to facilitate the punish dissent became more public and
process. widespread, with people being abducted by
intelligence agencies in broad daylight from
DISCRIMINATION urban centres. In previous years the victims
Amid the economic impact of the pandemic, of enforced disappearances included human
there was a surge in charity drives to help rights defenders, political activists, students
support those who had lost their livelihoods. and journalists who were rarely well-known
Despite this, members of the persecuted outside their communities. However, in July a
Ahmadiyya community were reportedly vocal critic of the government, Matiullah Jan,
denied alms and donations on account of was apprehended by armed men in the
their faith. Calls were circulated on social federal capital, Islamabad. Security cameras
media by religious organizations asking captured the abduction and the footage was
charities to ensure that Ahmadis did not published online. It provoked a strong
receive food supplies or other essentials. backlash against the perpetrators and
Matiullah Jan was released 24 hours later.
WORKERS’ RIGHTS In June, the Ministry of Defence admitted
The closure of factories producing non- to having held human rights defender and
essential items, disruptions in supply chains former Amnesty International consultant Idris
and travel restrictions resulted in tens of Khattak in their custody since he was
thousands of workers being laid off. The subjected to enforced disappearence by

280 Amnesty International Report 2020/21


armed men on 13 November 2019. Despite instead, the same pattern of intimidation and
the public admission that he was in military harassment was perpetuated in statements
custody there was no accountability for the from its parliamentarians.
perpetrators, underscoring the culture of Ahmed Noorani, a journalist who had
impunity around enforced disappearances. previously been violently attacked in 2017,
Multiple directives from the provincial high allegedly by intelligence agents, was targeted
court to produce him were ignored. The Joint in a vicious online campaign after he
Investigation Team assembled to investigate published a story in August investigating the
the case was dissolved as Idris Khattak was businesses of a top aide to the Prime Minister
no longer considered a missing person, even and former army official.
though his whereabouts were not disclosed. In September, journalist Bilal Farooqi was
In September, Sajid Gondal, a former arrested and detained for social media posts
journalist and member of the Securities and about an anti-Shi’a demonstration in the city
Exchange Commission of Pakistan, was of Karachi. He was arrested under the
reported missing after his car was discovered draconian Pakistan Electronic Crimes Act.
in a suburb of Islamabad. He had recently Mir Shakil ur Rahman, editor and founder
been linked with an investigation by another of the Jang Media Group – Pakistan’s largest
journalist into corruption allegations against a media conglomerate – was placed in pre-trial
top aide to the Prime Minister. He was detention in March on charges related to a
returned five days later. property transaction that had taken place
There was no progress towards more than three decades previously. The
criminalizing enforced disappearances, an trumped-up allegations were seen as
election promise of the ruling government. reprisals for his media group’s critical
The Minister for Human Rights, Shireen coverage of the government’s “anti-
Mazari, tweeted in September that in her corruption” drive.
conversations with the Prime Minister, he had
found the practice “unacceptable”. VIOLENCE AGAINST WOMEN AND GIRLS
The slogan “my body, my choice” became
FREEDOM OF EXPRESSION the rallying cry for the growing women’s
The authorities tightened their control on the movement in Pakistan. In February, as
media, and media workers reported preparations were underway to hold the third
increased coercion and censorship. In an annual Aurat (Women’s) March, a provincial
interview in September, the Prime Minister court was petitioned by a lawyer to ban the
denied there was a press crackdown and event. The court ruled such a ban to be
said that he did not mind criticism. However, unconstitutional. Following the ruling, a
journalists who published critical pieces were religious political party accused the Aurat
subjected to harassment, intimidation, March of “vulgarity” and called on its workers
censorship and even arrest. to block it and be prepared for “any sacrifice”
In a joint statement published on 12 should the government provide security to
August, at least 16 women journalists the marchers. Peaceful protesters in
reported being systematically harassed and Islamabad were pelted with stones. Despite
threatened with violence by the social media the threat level to the Aurat March, the
team of the ruling party, particularly when authorities failed to put in place adequate
their journalism was not favourable towards security measures.
the government. They noted that this had In September, the gang rape of a woman
affected their ability to work and to express on a motorway in front of her sons caused a
themselves without fear. The number of national outcry, with protests taking place
signatories to the women’s statement grew to across the country demanding the
161 in one month. The ruling party failed to resignation of a high-ranking police official
renounce such attacks or online abuse; who stated the attack was the victim’s fault.

Amnesty International Report 2020/21 281


The incident triggered public calls for harsh
punishments for perpetrators, including
chemical castration and public hangings.
PALESTINE (STATE
Civil society groups responded with
pushbacks and the media underscored the
OF)
inefficacy of such steps to curb violence
State of Palestine
against women and girls.
Head of state: Mahmoud Abbas
The passage of the Zainab Alert Bill was a Head of government: Mohammed Shtayyeh
rare success. The law aimed at expediting
procedures and allowing for better co-
ordination between various government The Palestinian authorities in the West
institutions to recover missing and abducted Bank and the Hamas de facto
children. administration in the Gaza Strip continued
Hundreds of cases of violence against to crack down on dissent, including by
women and girls were reported throughout stifling freedoms of expression and
the year. Few, if any, perpetrators were held assembly, attacking journalists and
to account. detaining opponents. Security forces in
both areas used unnecessary and/or
FREEDOM OF RELIGION AND BELIEF excessive force during law enforcement
In July, authorities in Islamabad bowed to activities, including when imposing
pressure from a discriminatory campaign lockdown measures in response to the
mounted by politicians, media outlets and COVID-19 pandemic. Torture and other ill-
clerics to halt the construction of the first treatment of detainees were committed with
Hindu temple and community centre in the impunity. Women faced discrimination and
capital. The boundary wall of the construction violence, including killings as a result of
site was torn down by a mob. gender-based violence. Lesbian, gay,
While vague and broad blasphemy laws bisexual, transgender and intersex (LGBTI)
had been used in previous years to target the people continued to face discrimination and
most marginalized people in society, in 2020 lacked protection. In the West Bank,
their application widened to include artists, authorities made widespread use of
human rights defenders and journalists. administrative detention without charge or
In July, Tahir Ahmed, a 54-year-old man trial. In Gaza, civilians continued to be tried
with mental disabilities, was fatally shot in before military courts. Courts in Gaza
court by a young man who had come to handed down death sentences. Palestinian
observe his hearing on blasphemy charges. armed groups in Gaza occasionally fired
In August, police filed a case against rockets indiscriminately into Israel. Two
female actor Saba Qamar and male singer Israeli civilians were killed after lone
Bilal Saeed for recording a music video in a attacks by Palestinian individuals.
mosque. The clip was released online and
led to large protests in the city of Lahore BACKGROUND
during which the leaders of religious party The two major political factions – Fatah which
Tehreek-i-Labbaik Pakistan threatened runs the authorities in the West Bank, and
“vengeance” against the artists.  Hamas which runs the de facto
In August police filed a case against administration in Gaza – remained split.
journalist and human rights defender Marvi On 15 January, President Abbas
Sirmed under the blasphemy laws for a tweet announced the postponement of
she posted. parliamentary elections until further notice,
citing Israel’s refusal to allow elections in East
Jerusalem. Both authorities introduced
emergency regulations in response to

282 Amnesty International Report 2020/21


COVID-19 in areas under their control. In The Independent Commission for Human
March, the Palestinian authorities in the West Rights (ICHR), the Palestinian national
Bank imposed lockdown measures, human rights institution, recorded 37
significantly restricting freedom of movement, incidents of violations of freedom of
easing some of the restrictions after a few expression, freedom of assembly, and
months. freedom of the press: 21 in the West Bank
People in Gaza grappled with the virus and 16 in Gaza. The ICHR also recorded 158
while under an Israeli air, sea and land cases in the West Bank and 118 in Gaza of
blockade, in force since 2007, which further the arbitrary arrests of opponents and critics.
threatened the fragile health care system. In The Palestinian Centre for Development and
September, the authorities in the Gaza Strip Media Freedoms recorded 97 incidents of
imposed lockdown measures after a attacks against journalists, including arbitrary
significant COVID-19 outbreak. Egypt arrests, ill-treatment during interrogation,
continued to enforce an almost total closure confiscation of equipment, physical assaults
of the Rafah border crossing with Gaza. Qatar and bans on reporting: 36 in the West Bank
transferred cash into the Gaza Strip in co- and 61 in Gaza.
ordination with Israel to pay public sector On 9 April, authorities in Gaza arrested
employees. activist Rami Aman, a resident of al-Rimal
On 17 November, the Palestinian neighbourhood in Gaza City, and seven
authorities in the West Bank announced that others after they held a video call on 6 April
they would resume security and civil co- with a group of Israelis. While five were
ordination with Israel, suspended since May, released, Rami Aman and two other activists
in response to Israel’s plans to annex parts of were tried in a military court on charges
the West Bank. During the suspension, the related to treason under the Palestinian
Palestinian authorities did not facilitate Liberation Organization (PLO) Revolutionary
permits, including for medical patients to Penal Code of 1979. On 17 September, Rami
transfer from the Occupied Palestinian Aman was convicted and sentenced to one
Territories into Israel, and stopped submitting year in prison, while the two others were
documents as proof of identity to the Israeli- deemed to have served their time. On 26
controlled population registry. The Palestinian October, the Permanent Military Court in
authorities also stopped accepting the tax Gaza issued a decision to release all three on
collected by Israel on their behalf – about grounds of time already served in detention.
80% of their revenue – forcing them to slash Between 11 and 25 June, authorities in
the salaries of tens of thousands of public Gaza arbitrarily arrested more than 50 Fatah-
sector employees, including health workers. affiliated activists in relation to their plans to
Palestinian judges and civil society actors organize demonstrations to mark the 14th
continued to protest against what they anniversary of the in-fighting between Fatah
deemed to be significant executive and Hamas. The Palestinian Centre for
interference in the judiciary and called on Human Rights reported that most of the
President Abbas to repeal laws by decree activists said they were tortured and
issued on judicial affairs. otherwise ill-treated in detention. None of the
detained was charged and all were
REPRESSION OF DISSENT subsequently released.
The authorities in the West Bank and Gaza On 19 July, authorities in the West Bank
repressed dissent by arbitrarily arresting tens arrested 19 anti-corruption activists for
of peaceful demonstrators, opponents, holding a peaceful protest in the city of
critics, journalists and human rights Ramallah, which breached an overly broad
activists.1 In some cases, authorities used COVID-19 ban on assembly. While three were
emergency COVID-19 regulations to stifle released, 16 were charged with “illegal
freedom of expression and assembly. gathering” and “violating the emergency

Amnesty International Report 2020/21 283


rules”. All were released on bail; their trial complaints of torture in the West Bank and
continued. 51 in Gaza.
On 9 June, the General Intelligence
EXCESSIVE USE OF FORCE Service in Ramallah arrested activist
Security forces in the West Bank and Gaza Mohammed Jaber after he reported following
used excessive force during law enforcement a summons. He said that interrogators had
activities, including when enforcing lockdown put him in stress positions including by
measures in response to COVID-19. Judicial forcing him into a small wooden cabinet for
authorities failed to effectively investigate prolonged periods. He was then kept in a one
these acts. square metre solitary cell for 13 days until his
On 18 June, security forces in Gaza release on 21 June.
assaulted members of the Wishah family in
al-Bureij refugee camp in the centre of the VIOLENCE AGAINST WOMEN AND GIRLS
Gaza Strip when they tried to block the Women and girls faced discrimination in law
authorities from demolishing a structure that and practice and were inadequately
belonged to the family to open a new road. protected against sexual and other gender-
According to the Al Mezan Center for Human based violence, including so-called honour
Rights, security forces injured Handoumeh killings. Nineteen women died in the West
Wishah, aged 90, and two of her daughters, Bank and 18 in Gaza as a result of gender-
all of whom needed hospital treatment. based violence, according to the Women's
On 24 June, plain-clothed Palestinian Center for Legal Aid and Counselling
security forces shot dead Alaa al-Amouri from (WCLAC).
the West Bank town of al-Ezariyeh during an On 28 July, Razan Moqbel was killed near
operation to implement a judicial decision to the Beitunia industrial zone, west of
seize a rented property from the tenants. The Ramallah. Security forces arrested her fiancé
forces opened fire when members of the al- the next day and the case was referred to the
Amouri family tried to prevent the arrest of Public Prosecution to carry out an
Alaa al-Amouri and his two brothers. investigation. On 3 August, the two families
According to the ICHR, Alaa al-Amouri was reached an agreement to drop the case in
shot in the abdomen. At least three other exchange for the family of her fiancé paying
family members sustained bullet wounds. about NIS487,000 (approximately
The Palestinian authorities announced that US$150,000). The Palestinian authorities did
they would open an investigation. not comment about the agreement which
On 25 July, Palestinian security forces shot sparked a public outcry at the use of tribal
and killed Imad Dweikat in the Balata customs in a criminal case of femicide.
Refugee Camp in the West Bank city of
Nablus, when he tried to stop the arrest of a RIGHT TO A FAIR TRIAL
shop owner during a police operation to close Palestinian authorities in the West Bank
shops that had opened in contravention of continued to use a 1954 law to
the lockdown measures. According to the administratively detain dozens of people for
ICHR, Imad Dweikat did not pose a threat. up to six months on the order of a regional
The Ramallah-based authorities announced governor, many on political grounds,
they would open an investigation. according to Palestinian human rights
organizations. These detentions require no
TORTURE AND OTHER ILL-TREATMENT charges to be brought and lack due process.
Palestinian security forces in the West Bank The ICHR documented 43 such cases in
and Gaza routinely used torture and other ill- 2020.
treatment with impunity. Between January Authorities in Gaza continued to try
and November, the ICHR received 95 civilians before military courts.

284 Amnesty International Report 2020/21


LESBIAN, GAY, BISEXUAL,
TRANSGENDER AND INTERSEX (LGBTI)
PAPUA NEW
PEOPLE
The civil society organization alQaws for
GUINEA
Sexual and Gender Diversity in Palestinian
Independent State of Papua New Guinea
Society reported that LGBTI people continued
Head of state: Elizabeth II, represented by Robert
to be denied the freedom to exercise their Dadae
rights, even though consensual same-sex Head of government: James Marape
relationships are not criminalized in the West
Bank. Meanwhile, Section 152 of the Penal
Code applicable in Gaza criminalizes A state of emergency remained in place due
consensual same-sex sexual activity and to the COVID-19 pandemic. The authorities
makes it punishable by up to 10 years’ continued to restrict the right to freedom of
imprisonment. expression and intimidate journalists.
Dozens of people were killed in inter-
DEATH PENALTY communal violence. Women continued to
Neither of the Palestinian authorities took any experience high rates of gender-based
steps to translate the State of Palestine’s violence.
commitments under the Second Optional
Protocol to the ICCPR to abolish the death BACKGROUND
penalty. The government declared a state of
In Gaza, Hamas-administered courts emergency after its first confirmed case of
continued to sentence people to death and to COVID-19 in March but replaced it in June
carry out executions. with the National Pandemic Act 2020. This
act continued to raise concerns regarding
ABUSES BY ARMED GROUPS parliamentary oversight and will expire only
Palestinian armed groups in Gaza when the Prime Minister declares the
occasionally fired rockets indiscriminately pandemic or health emergency over. At the
into Israel, injuring at least 27 Israelis, start of the pandemic the country closed its
according to the United Nations Office for the borders to people from all Asian countries,
Coordination of Humanitarian Affairs (OCHA). not limited to those with confirmed cases of
The Hamas authorities failed to investigate or COVID-19. This left some Papua New
prosecute those responsible and occasionally Guinean students stranded in the
allowed groups to launch incendiary kites Philippines. Emergency regulations gave
and balloons into Israel. government officials wide-ranging powers to
Most of the Palestinians responsible for restrict the freedoms of movement and
stabbing, shooting and other attacks on expression and impose quarantines. There
Israelis in the West Bank and Israel, which were some reports of excessive force by
killed two Israeli civilians during the year, police implementing the restrictions.
were not members of Palestinian armed Only around a third of the population had
groups. However, these groups often praised access to electricity, and only 41% had
such attacks. access to safe drinking water. COVID-19
restrictions and lockdowns negatively
impacted food supplies and increased the
1. Palestine: End arbitrary detention of critics in West Bank and Gaza
(Press release, 7 May) cost of food.
At year’s end, parliament had not yet
enacted laws to give effect to Bougainville’s
vote for independence from Papua New

Amnesty International Report 2020/21 285


Guinea in 2019. Bougainville remained who worked in the informal sector, which
governed as an autonomous region. disproportionately impacted on women.
High rates of poverty and the presence of
FREEDOMS OF EXPRESSION AND other chronic illnesses, combined with
ASSEMBLY limited access to health care, compounded
In April, the Minister for Police criticized two the situation for those who developed
journalists and called for their dismissal after COVID-19.
they reported on public spending of
COVID-19-related funds. The emergency Health workers
regulations included fines and imprisonment In March, 600 nurses went on strike due to
for vaguely defined acts such as spreading concerns about the lack of safe and healthy
“misleading information” and could working conditions. As of 21 December,
unreasonably limit the right to freedom of Papua New Guinea had recorded 761 cases
expression.1 of COVID-19 and eight confirmed deaths.
The most affected provinces were Western
REFUGEES AND ASYLUM-SEEKERS (bordering Indonesia) and Central (around
By March, only four refugees and asylum- Port Moresby). At least one health care
seekers remained on Manus Island, with all worker died, and early outbreaks occurred in
others sent to the capital, Port Moresby. The hospitals and a testing clinic. Medical
remaining 18 out of 53 men who were professionals reported limited availability of
detained at Bomana detention centre were appropriate personal protective equipment.
released by 23 January as reports of poor
conditions emerged.  FAILURE TO PREVENT COMMUNAL
VIOLENCE
GENDER-BASED VIOLENCE Ten people, including three children, were
Women and girls killed in Porgera in March, after a policeman
Sexual and other gender-based violence was killed in January. Police expressed
experienced by women and girls continued, concerns that these were retaliatory attacks
with inadequate resources dedicated to as a result of killings in 2019. In July, 24
addressing the issue. Women and children people in Hela Province, including two
were at risk of physical and sexual violence pregnant women, were killed during three
from intimate partners, family members and days of violent clashes between local
their communities, including as a result of communities. It was not clear what prompted
accusations of sorcery. Women and girls had these attacks, but the lack of adequate
limited access to sexual and reproductive policing was a factor in increased communal
health care services and abortion remained violence.
criminalized.
ENVIRONMENTAL DEGRADATION
Sex workers In September, more than 150 residents of
Sex work and consensual same-sex sexual Bougainville filed a complaint against
activity between adults remained Australian mining company Rio Tinto in
criminalized. In September, a sex worker in Australia, seeking reparations for alleged
Port Moresby was gang-raped and beaten, environmental damage caused by the
prompting calls for stronger protection of sex operation of the Panguna copper and gold
workers from violence. mine between 1972 and 1989.

RIGHT TO HEALTH 1. Pacific countries must not use COVID-19 to regress on human rights
As part of the COVID-19 response, the (Public statement, 15 April)
government offered little assistance to those

286 Amnesty International Report 2020/21


PARAGUAY TORTURE AND OTHER ILL-TREATMENT
Between March and June, the authorities
Republic of Paraguay deployed 24,000 police officers and at least
Head of state and government: Mario Abdo Benítez 3,000 military personnel to, among other
things, enforce COVID-19 lockdown
There were allegations of torture and other measures and patrol borders. There were
ill-treatment in the context of policies several reports of ill-treatment and
implemented in response to the COVID-19 humiliating or degrading punishment inflicted
pandemic. Indigenous Peoples continued to by members of the security forces enforcing
be overlooked in public policies, as did lockdown measures.3
their rights to territory. Children and On 15 and 16 July, a military operation in
adolescents continued to face obstacles in the town of Ciudad del Este designed to
accessing their rights, including their right enforce lockdown measures resulted in a
to protection from sexual abuse and access shooting incident in which a member of the
to comprehensive sexuality education from Navy was killed. Another operation followed,
the state. A new anti-discrimination law and apparently in retaliation for the death of the
criminal complaints against the treatment marine, which resulted in the detention of 35
of LGBTI people made no progress in the people and allegations of torture and other ill-
year. Human rights defenders continued to treatment at a naval base. The authorities
lack an official protection mechanism. opened an investigation into the incident, but
by the end of the year no official had been
RIGHT TO HEALTH charged.
In April, the authorities placed thousands of
people, mostly Paraguayans returning after UNLAWFUL KILLINGS
losing their jobs in the informal sector in On 2 September, two 11-year-old girls of
Brazil, in mandatory government-run Argentine nationality died during an operation
quarantine centres. Early on, reports of by the Joint Task Force (FTC) in the
inadequate conditions, including lack of department of Concepción. The FTC initially
robust information about procedures, alleged they had killed members of the
inadequate staffing, insufficient sanitary Paraguayan People’s Army, an armed
supplies and food were particularly opposition group. However, evidence
concerning. Some of these health and food emerged that the people killed were girls, and
concerns improved over time.1 the prosecutor’s investigation contained
The health system proved precarious and several flaws in its forensic handling of the
poorly prepared to address COVID-19 and bodies, as well as a failure to comply fully
other diseases. Several allegations of with the Minnesota Protocol on the
corruption in relation to public purchases of Investigation of Potentially Unlawful Death
medical supplies were under investigation at during the investigation of the deaths.
the end of the year.
INDIGENOUS PEOPLES’ RIGHTS
Health workers In compliance with an Inter-American Court
Health workers reported that they did not of Human Rights ruling, an expropriation law
have sufficient personal protection was passed in 2019 to allow the construction
equipment or adequate working conditions to of a road for the Yakye Axa community to
enable them to work in a safe environment access their lands. However, the law had
during the COVID-19 pandemic.2 technical flaws and was amended and
promulgated by the Executive on 9
September. Construction of the road resumed
in September.

Amnesty International Report 2020/21 287


Lands were not returned to the Tekoha In December, the Senate approved a
Sauce community of the Avá Guaraní People, declaration that recognized the work of
who had been evicted on two occasions in human rights defenders to be “of national
previous years, one of them to permit the interest”.
construction of a hydroelectric power plant in
Itaipú. A legal action for eviction of the RIGHTS OF CHILDREN AND
community, filed by the bi-national (Brazilian/ ADOLESCENTS
Paraguayan) Itaipú company in 2019, The authorities did not implement sufficient
remained active throughout 2020, posing a and effective measures to prevent, identify
threat to the Avá Guaraní People’s human and address cases of sexual exploitation and
rights. abuse of children. The Public Prosecutor’s
During the COVID-19 pandemic, the Office registered 1,877 reports of sexual
authorities did not implement sufficient and abuse of children in the first nine months of
culturally relevant measures for Indigenous the year.
Peoples. They also failed to mitigate The authorities fell short of guaranteeing
Indigenous Peoples’ lack of access to food, the sexual and reproductive rights of
water and medicine in a comprehensive adolescents. As of August, the Ministry of
manner. Health registered 339 births to girls aged
between 10 and 14 and 9,382 births to
RIGHTS OF LESBIAN, GAY, BISEXUAL, adolescents aged between 15 and 19.
TRANSGENDER AND INTERSEX (LGBTI) Anti-rights groups harshly questioned the
PEOPLE National Plan for Children and Adolescents
There was no progress during the year in (2020-2024), which includes objectives on
criminal complaints relating to attacks against sexual abuse, prevention of violence, and
LGBTI people during a 2019 Pride march in comprehensive sexuality education. In
the city of Hernandarias. The municipality of December, following criticism from anti-rights
Hernandarias had banned the march for groups, the Chamber of Deputies ordered the
being “contrary to public morality”. There Minister for Children and Adolescents
was also no progress in the constitutional (SNNA) to appear for questioning in
challenge presented by Amnesty Congress.
International in October 2019 against this
and another resolution declaring the city WOMEN’S RIGHTS
“pro-life and pro-family”, both decisions  of The judiciary did not guarantee the right to
the municipality of Hernandarias.  due process or ensure a gender perspective
A bill against all forms of discrimination, in cases of sexual harassment of women. The
presented in 2015, made no progress during case of Alexa Torres, a young woman
the year. harassed by a priest, came to trial in 2020.
Even though the tribunal acknowledged her
HUMAN RIGHTS DEFENDERS account of the facts as true, the judges ruled
Paraguay had yet to ratify the Regional that it did not constitute harassment and
Agreement on Access to Information, Public dismissed the complaint in favour of the
Participation and Justice on Environmental priest. In December, an appeals court
Matters in Latin America and the Caribbean overturned the ruling and ordered a new trial.
(the Escazú Agreement), which includes
strong protections for Indigenous Peoples
1. When protection becomes repression: Mandatory quarantines under
and for environmental defenders. The COVID-19 in the Americas (AMR 01/2991/2020)
authorities also did not establish a 2. The cost of curing: Health workers’ rights in the Americas during
mechanism for the protection of human COVID-19 and beyond (AMR 01/2311/2020)
rights defenders, nor did they disseminate
the Declaration on Human Rights Defenders.

288 Amnesty International Report 2020/21


3. Américas: Las Autoridades deben proteger a la población del mandatory measures implemented to deal
COVID-19 en lugar de recurrir a medidas represivas (Press release,
16 May)
with the pandemic had a particularly strong
impact on livelihoods.
On 9 November, Congress voted to remove

PERU Martín Vizcarra from the Presidency due to


allegations of corruption. A series of
demonstrations protested against the actions
Republic of Peru of Congress. These intensified on 10
Head of state and government: Francisco Rafael
November during the inauguration of Manuel
Sagasti Hochhausler (replaced Manuel Arturo Merino
Merino as President and continued until his
de Lama on 17 November, who replaced Martín
Vizcarra Cornejo on 10 November) resignation on 15 November. On 17
November, Congressman Francisco Sagasti
was sworn in as President.
The COVID-19 pandemic exposed
shortcomings regarding access to the right EXCESSIVE USE OF FORCE
to health in Peru. Inequality in access to a In March, Congress passed the Police
fragmented and underfunded health Protection Law which, among other
system, coupled with a lack of protection provisions, establishes a presumption in
for health workers, contributed to Peru favour of the police about the reasonableness
remaining among the 10 countries with the of the use of lethal force. There were calls for
highest per capita death rate in the world. the President to repeal the law as it violates
People and communities exposed to toxic international human rights law and could
metals and other toxic substances pave the way for impunity and excessive use
continued to demand public policies to of force by the National Police,1 particularly
ensure medical care. The state failed to after the November protests.
respond effectively to continuing high rates The National Police responded to the
of violence against women and girls. The protests in November against the
lives of human rights defenders remained at impeachment of President Vizcarra using
serious risk due to lack of effective excessive and unnecessary force, which
protection by the state and of successful resulted in the death of two young men, Jack
criminal investigations into attacks and Bryan Pintado Sánchez and Jordan Inti
threats against them. Peru experienced a Sotelo Camargo, on 14 November and the
political, social and human rights crisis injury of more than 200 others. Human rights
following the impeachment of the then organizations reported that police fired
President, Martín Vizcarra, in November. ammunition and tear gas at peaceful
demonstrators and beat or otherwise violently
BACKGROUND subdued people. Plainclothes police officers
A new Congress was elected in January. The who refused to identify themselves arbitrarily
country reported its first cases of COVID-19 arrested people, including a human rights
in March and the President declared a state defender. There were also reports of ill-
of emergency. Supreme decrees and treatment by the security forces, including of
subsequent laws established mandatory stay- people who were reported missing. Criminal
at-home orders, among other economic and investigations into the deaths and injuries
social measures to deal with the pandemic. were continuing at the end of the year.
As of 31 December, the Ministry of Health
had reported 1,017,199 confirmed cases of FREEDOMS OF EXPRESSION AND
COVID-19 and 37,724 related deaths. ASSEMBLY
According to the National Statistics During December, workers from the agro-
Institute, the informal employment rate in export sector held protests calling for better
Peru was 72.6%. In this context, the salaries, benefits and working conditions.

Amnesty International Report 2020/21 289


Protesters blocked major highways, Although significant progress had been
demanding that the government repeal the made in developing a Special Multisectoral
Law for the Promotion of Agriculture and Plan for those exposed to toxic metals, the
issue a new regulation. The Office of the National Platform of Persons Affected by
Ombudsperson reported incidents of violence Toxic Metals continued to demand public
during the protests. Human rights policies to ensure medical care for those
organizations indicated that police repression affected.
of the protests resulted in three deaths and
several injuries. The Minister of the Interior INDIGENOUS PEOPLES’ RIGHTS
announced an internal investigation into the The virus quickly reached the territories of
incidents and affirmed his willingness to Indigenous Peoples and the state response
cooperate with criminal investigations. was inadequate; health policies were
introduced very late, lacked an intercultural
HUMAN RIGHTS DEFENDERS approach and did not involve Indigenous
The lives and physical integrity of human Peoples in their design or implementation.
rights defenders remained at serious risk. On 31 December, the Ministry of Health
Despite a protection protocol, protection reported 28,592 confirmed cases and 159
measures remained insufficient and human deaths related to COVID-19 among
rights defenders continued to be attacked Indigenous Peoples.
and killed.
The Office of the Ombudsperson reported WOMEN’S RIGHTS
in September that five defenders of the land, In July, Law 31030, which guarantees parity
territory and environment had been killed in and gender alternation on lists of candidates
the first nine months of the year. for general elections, was approved. The law
On 11 September, human rights defender stipulates that at least 50% of each party’s
Roberto Carlos Pacheco was shot dead by candidates for election to Congress must be
unidentified attackers. He had received death women.
threats since 2012 linked to his activism
against illegal mining in the Tambopata VIOLENCE AGAINST WOMEN AND GIRLS
Reserve, Madre de Dios region, in the According to the Ministry of the Interior
Amazon. By the end of the year, no one had Registry of Disappeared Persons, 10,685
been brought to justice for the killing and women were reported missing between
measures to protect the Pacheco family January and November. According to the
remained inadequate.2 Ministry of Women and Vulnerable
Peru had yet to ratify the Regional Populations, between January and November
Agreement on Access to Information, Public gender-based violence hotlines received
Participation and Justice in Environmental 171,631 calls from women, compared to
Matters in Latin America and the Caribbean 88,399 during the same period in 2019, and
(the Escazú Agreement). 121 women were victims of femicide.
In June, the Ombudsperson's Office stated
RIGHT TO HEALTH that there were cases in which emergency
By the end of the year, the Peruvian Medical kits, containing emergency medication and
Association had reported 11,856 confirmed tests, approved by the Ministry of Health for
cases of doctors with COVID-19 and 256 victims of sexual violence were not being
deaths related to the virus. In December, the provided to girls and women during the
Peruvian Nurses Association reported 87 pandemic.
deaths related to the virus. Health workers’
unions believed that many infections were
due to a lack of personal protective
equipment.

290 Amnesty International Report 2020/21


Extrajudicial executions and other human
RIGHTS OF LESBIAN, GAY, BISEXUAL, rights violations continued under the
TRANSGENDER AND INTERSEX government’s “war on drugs”. Human rights
(LGBTI) PEOPLE defenders and political activists were killed,
More than two years after it was presented in harassed, detained and unjustly charged.
Congress, a bill to recognize same-sex Media freedom was unduly curtailed and
marriage had yet to be approved. dangerous anti-terror legislation was
Transgender people continued to be passed. Various groups condemned the
denied social and legal recognition of their government’s heavy-handed approach to the
gender identity, affecting their rights to work, COVID-19 pandemic. President Duterte
housing, freedom of movement, education renewed his call on Congress to reinstate
and health, among others. the death penalty.
The Ministry of Justice issued a resolution
recognizing same-sex couples for the BACKGROUND
purpose of granting economic benefits to Measures taken by the government to curb
those whose partners were health workers the spread of COVID-19 led to numerous
who died due to COVID-19. abuses of human rights. President Duterte
ordered security forces and local government
RIGHTS OF REFUGEES, ASYLUM- officials to “shoot dead” those causing
SEEKERS AND MIGRANTS “trouble” during community quarantine.1
The closure of borders to curb the spread of Local officials faced charges for locking
COVID-19 meant migrants and asylum- people in dog cages for alleged violations of
seekers resorted to using irregular routes, the quarantine.
putting them at risk of violence and The UN Human Rights Council (UNHRC)
trafficking, particularly women and children. adopted a resolution to provide technical
For several months it was not possible to assistance and capacity building to the
apply for asylum because the government government. The resolution fell short of calls
office responsible was closed and on-line for stronger action to address ongoing
applications were suspended. violations in the country.
During the pandemic, migrants, asylum-
seekers and refugees, mainly Venezuelans, EXTRAJUDICIAL EXECUTIONS AND
did not receive any financial support to IMPUNITY
enable them to comply with stay-at-home Killings and other human rights violations
measures. Some were evicted from their continued under the government’s “war on
homes in circumstances that denied them drugs”. On several occasions, President
their rights to health and housing. Duterte incited violence against people
suspected of using or selling drugs, while
promising to protect those who kill them.2
1. Peru: State must immediately repeal law that sends a wrong
message of impunity for possible police abuses amidst the COVID-19 Reports of killings increased in cities where
emergency (Article, 30 March) police chiefs who had previously overseen
2. Peru: Murdered defender’s family still in danger (AMR 46/3303/2020) abusive operations were appointed. Based on
government data, police killed at least 155
people from April to July, compared to 103
PHILIPPINES people from December 2019 to March.
Killings by unknown individuals, many with
Republic of the Philippines suspected links to the police, continued.
Head of state and government: Rodrigo Roa Duterte Victims were overwhelmingly poor.
Vice President Leni Robredo released a
report in January countering government
information on the “war on drugs”. She

Amnesty International Report 2020/21 291


stated that government efforts targeted In July, President Duterte signed into law
people who use or sell small amounts of illicit Republic Act 11479 (Anti-Terrorism Act of
drugs and called on the government to end 2020).6 Human rights groups criticized the
its deadly approach known as Oplan Tokhang new law for contravening international
(“Operation Knock and Plead”), prosecute standards and granting the government
those involved in drug trafficking, and unchecked powers to detain perceived
improve its collection and interpretation of enemies of the state. Over 30 petitions
drug-related data.3 challenging its constitutionality were pending
In June, the UN Human Rights Office before the Supreme Court at year’s end.
released a report detailing extrajudicial On 10 August, activist and peace advocate
executions and attacks against human rights Randall Echanis and his neighbour were
defenders, political activists and the media, killed in Metro Manila.7 A week later, human
among other violations. rights defender Zara Alvarez was shot dead in
In July, the government announced the Bacolod City.8 Echanis and Alvarez were
establishment of an inter-agency panel to branded as “terrorists” in a 2018 government
“review” cases of drug-related killings by the list. Other human rights defenders and
police. Human rights groups said the panel political activists were arbitrarily detained and
was formed to shield the government from faced increased threats and harassment after
international scrutiny. the government “red-tagged” or linked them
Despite repeated calls for an international to communist armed groups.
investigation, the UNHRC adopted in October In October, police treatment of detained
a resolution providing technical assistance activist Reina Mae Nasino attending the
and capacity-building to the government. The funeral of her three-month-old baby sparked
resolution required the UN Human Rights public outrage.
Office to continue to provide the UNHRC with On 10 December, police arrested journalist
updates over the next two years.4 Lady Ann Salem and six trade unionists
In December, the International Criminal during raids in Metro Manila on charges of
Court stated crimes were committed in the illegal possession of firearms and explosives.
“war on drugs”, adding that it expected to Human rights groups claimed the charges
decide in 2021 whether or not to open an were fabricated.
investigation. On 30 December, police killed nine people
and arrested 17 in Capiz and Iloilo provinces.
REPRESSION OF DISSENT Local groups said they were from an
In February, prisoner of conscience Senator Indigenous community defending their land
Leila de Lima marked her third year in while police claimed they were members of
detention on politically motivated charges the New Peoples Army and that the nine
after she sought to investigate drug-related were killed after resisting arrest.
killings.5 Also in February, a court issued
arrest warrants against former Senator and FREEDOM OF EXPRESSION
critic of the “war on drugs” Antonio Trillanes In May, unidentified assailants shot dead
IV, activist priest Fr. Flaviano “Flavie” radio broadcaster and anti-corruption critic
Villanueva and nine others on charges of Cornelio Pepino in Dumaguete City. His
conspiracy to commit sedition. Five activists murder was the first in a string of killings in
were arrested in raids by security forces in Negros Oriental over nine days that left six
Tacloban City. others dead.
In March, a court issued arrest warrants In June, Maria Ressa, Chief Executive
for perjury against activists seeking court Officer of news website Rappler, and former
protection after the Philippine military tagged Rappler researcher Reynaldo Santos Jr. were
them as “terrorists”. convicted of cyber libel.9 A month later,
Congress denied the franchise renewal of

292 Amnesty International Report 2020/21


broadcast media network ABS-CBN.10 Both including for drug-related crimes. At least 24
Rappler and ABS-CBN produced reports bills reintroducing the death penalty were
highlighting killings and other violations pending at year’s end.
under the “war on drugs”. In December,
Maria Ressa was charged for a second time LESBIAN, GAY, BISEXUAL,
for cyber libel after sharing a tweet. TRANSGENDER AND INTERSEX (LGBTI)
PEOPLE
FREEDOMS OF ASSEMBLY AND In February, Makati City police sparked an
ASSOCIATION outcry after “profiling” 67 individuals as part
Violations of the right to freedom of assembly of its “Oplan X-Men” targeting transgender
occurred amid the COVID-19 pandemic. In women.
April, police violently dispersed residents of In April, a local government official
an urban poor community in Quezon City subjected three LGBTI individuals to
peacefully demanding government aid. degrading treatment by forcing them to
In June, police arrested eight people perform sexually-suggestive acts as
protesting anti-terror legislation in Cebu City, punishment for alleged COVID-19 curfew
detaining them for three days. Police also violations. In December, a Senate panel
arrested at least 20 people, including three approved a bill that aims to prohibit
minors, during a Pride march in the capital, discrimination and violence on the basis of
Manila. Police accused the protesters of sexual orientation and gender identity and
breaching restrictions on mass gatherings expression.
during the pandemic, among other alleged
violations. They were released pending
1. Philippines: President Duterte gives “shoot to kill” order amid
investigation four days later. pandemic response (Press release, 2 April)
2. "My Job is to kill": Ongoing human rights violations and impunity in
RIGHT TO HEALTH the Philippines (ASA 35/3085/2020)
There were repeated calls for the release of 3. Philippines: Vice President’s ‘insider account’ shows failure of deadly
certain groups of prisoners, including people anti-drugs campaign (Press release, 6 January)
detained for political reasons, to prevent the 4. Philippines: UN resolution a missed chance for justice but scrutiny
further spread of COVID-19 in prisons after continues (Press release, 7 October)
hundreds of prisoners and staff tested 5. Philippines: Free senator; end attacks on human rights defenders
positive for the virus. As of October, the (ASA 35/1854/2020)
Supreme Court said over 80,000 prisoners 6. Philippines: Dangerous anti-terror law yet another setback for human
were released. rights (Press release, 3 July)

There were concerns over the protection of 7. Philippines: Cold-blooded murder of another activist and peace
advocate must be investigated (Public statement, 10 August)
health workers during the pandemic. A ban
on their deployment overseas was partially 8. Philippines: Another human rights defender murdered; cycle of
bloodshed must end (Press release, 18 August)
lifted in November.
9. Philippines: Quash conviction of Rappler journalists Maria Ressa and
Rey Santos (Press release, 15 June)
ABUSES BY ARMED GROUPS
10. Philippines: Denial of ABS-CBN franchise another nail in the coffin of
Clashes between government forces and the
press freedom (Public statement, 10 July)
communist New People’s Army continued. In
August, two young members of the Manobo
tribe died amid escalating violence in Surigao
del Sur. POLAND
DEATH PENALTY Republic of Poland
In his State of the Nation Address in July, Head of state: Andrzej Duda
Head of government: Mateusz Morawiecki
President Duterte renewed his call on
Congress to reinstate the death penalty,

Amnesty International Report 2020/21 293


The authorities continued to erode the In April, the CJEU issued an order for
independence of the judiciary. COVID-19 interim measures requiring the government
measures served as a pretext to crackdown to immediately suspend its new system of
on peaceful protesters and to restrict access disciplinary proceedings against judges. The
to asylum. Criminal charges were used to authorities, however, continued to refuse to
curtail freedom of expression. LGBTI rights implement this ruling and the Supreme Court
remained under attack. Authorities carried on examining such disciplinary cases.
attempted to further restrict access to The Deputy Minister of Justice stated that the
abortion. CJEU had violated Poland’s sovereignty by
intervening in its domestic affairs.
BACKGROUND In September, the ECtHR formally
Due to the COVID-19 pandemic, the May requested a response in the case of judge
Presidential election was postponed until July Igor Tuleya who was challenging disciplinary
and partially held by postal vote. In response proceedings against him as violations of his
to the pandemic, in March, the government rights to private life and freedom of
introduced a total ban on public assemblies; expression. The Disciplinary Prosecutor
in May, assemblies of up to 150 people were initiated the proceedings against Igor Tuleya
permitted; in October, only up to 10 or 25 in 2018. He had, among other things,
people were allowed to assemble, depending submitted a request for a preliminary ruling
on zones. Legislation intended to support from the CJEU on whether the new national
businesses and workers affected by the legislation that undermined the
pandemic included amendments on independence of the judiciary was
unrelated matters. This included enhanced compatible with EU law.
penalties for illegal abortion and for insulting
the President. FREEDOM OF ASSEMBLY
Peaceful anti-government protesters
STATE OVERREACH − INDEPENDENCE continued to face fines and detention, amidst
OF THE JUDICIARY COVID-19 measures used to crack down on
The government continued to implement some protests beyond what was necessary to
legal and policy changes that undermined protect public health.2
the independence of the judiciary. In May, during the electoral campaign,
Parliament adopted a new law in January police arrested hundreds of peaceful
imposing severe restrictions on judges’ rights protesters simply for protesting in the streets
to freedom of expression and association.1 and imposed heavy fines. The police
The law prohibits judges from questioning the especially targeted with fines protesters
credentials of judges appointed by the demanding respect for the independence of
President. The state’s Deputy Disciplinary the judiciary and those criticizing the lack of
Commissioner sought to initiate disciplinary support for small companies during the
proceedings in August against 1,278 judges COVID-19 lockdown. The authorities imposed
who had asked the OSCE to monitor the fines against peaceful protesters outside the
presidential election. Trójka state radio station who were opposing
International scrutiny also continued. A censorship of a song.
number of cases against Poland regarding
attacks on the judiciary were pending before FREEDOM OF EXPRESSION AND
the Court of Justice of the EU (CJEU) and the ASSOCIATION
European Court of Human Rights (ECtHR). In Two activists were charged in June with “theft
September, the European Parliament and burglary” for replacing advertisements
adopted a resolution expressing concerns on bus shelters with posters that accused the
regarding the independence of the judiciary government of manipulating COVID-19
and threats to human rights in Poland.

294 Amnesty International Report 2020/21


statistics.3 They faced up to 10 years in EU. Most reported attacks on LGBTI people
prison, with the case pending at year’s end. resulted in no prosecution.4
In July, human rights defender Elżbieta
Podleśna was indicted for “offending religious SEXUAL AND REPRODUCTIVE RIGHTS
beliefs” for allegedly possessing and Sexual and reproductive rights remained
distributing posters and stickers depicting the under attack.
Virgin Mary with a rainbow halo. A parliamentary debate was scheduled for
The Minister of Justice and Minister of April to address two “citizens’ initiatives” that
Environment proposed a law in August would set criminal penalties for sex education
requiring NGOs to declare any sources of in schools and would further restrict access
foreign funding and to publish them in a to abortion.5 Large protests took place, held
public register. virtually or while respecting physical
distancing owing to COVID-19. Members of
RIGHTS OF LESBIAN, GAY, BISEXUAL, Parliament voted to send the bills to
TRANSGENDER AND INTERSEX (LGBTI) parliamentary committees, postponing the
PEOPLE debates.
Widespread anti-LGBTI rhetoric from In July, the Ministry of Justice announced
politicians persisted. a plan to withdraw from the Istanbul
In July, the President signed an anti-LGBTI Convention, an international treaty on
rights pamphlet before the election called the violence against women. The government
“Family Charter”, which pledged to ban openly lobbied other countries to withdraw as
marriage equality, adoption of children by well. The Prime Minister announced a plan to
LGBTI people and LGBTI education in have the Constitutional Court examine the
schools. Convention’s compatibility with the Polish
Police arrested 48 LGBTI activists in Constitution, claiming that the Convention
August during a peaceful protest against a was “harmful” because it “contains elements
prominent activist’s pre-trial detention. They of an ideological nature”.
faced charges for “participation in an illegal In October, the Polish Constitutional
gathering”. The investigation was continuing Tribunal ruled that access to abortion on the
at year’s end. ground of “severe and irreversible foetal
Since March 2019, about 100 local defect or incurable illness that threatens the
authorities had adopted discriminatory anti- foetus’ life” are unconstitutional. The
LGBTI resolutions, including resolutions Constitutional Tribunal’s ruling will mean an
explicitly “against LGBTI ideology”; some almost total ban on abortion in the country.
refer to “traditional values” or “family rights”.
In July, the European Commission rejected RIGHTS OF REFUGEES AND ASYLUM-
six town-twinning applications because local SEEKERS
authorities had declared so-called LGBTI-free In April, the CJEU ruled that Poland had
zones or had adopted “family rights” failed to fulfil its obligations under EU law by
resolutions. In September, the head of the refusing to relocate asylum-seekers under the
European Commission stated that so-called EU relocation scheme.
LGBTI-free zones were in fact “humanity-free The ECtHR ruled against Poland in July
zones” that had no place within the European concluding that the situation at border
Union. crossing points amounted to inhuman or
According to a report published in May by degrading treatment because the authorities
the EU Agency for Fundamental Rights, 15% refused to receive asylum applications and
of LGBTI people in Poland had experienced a conducted summary removals that put some
physical attack or sexual violence in the last people at risk of being forcibly transferred to
five years. This was the highest rate in the a place where they are at risk of serious
human rights violations (refoulement).

Amnesty International Report 2020/21 295


Due to the COVID-19 pandemic, the Office one third continued to lack PPE until the end
for Foreigners suspended direct customer of June. By November, 8,755 health
services and there were some limitations on professionals had contracted COVID-19.
the submission of asylum applications at Older people in care homes accounted for
border crossings. one third of COVID-19 deaths, which reached
6,972 by the end of the year. A criminal
investigation was ongoing into the deaths of
1. Poland: Judges and lawyers from across Europe protest judicial
takeover in Warsaw (News story, 9 January) 18 people at a nursing home in Reguengos
2. Poland: COVID-19 is no excuse to crack down on protests (EUR
de Monsaraz, following a report concerning
37/2421/2020) failures to follow government health
3. Poland: Activists at risk of 10-year jail term for COVID-19 poster guidelines.
campaign challenging government statistics (News story, 11 June) With sub-standard conditions and
4. Polki i Polacy chcą, by przestępstwa motywowane homofobią i overcrowding persisting in some prisons, the
transfobią były rozpoznawane przez państwo (in Polish only, government released over 2,000 prisoners to
translates as ‘Polish people want crimes motivated by homophobia
limit contagion. However, some prisoners
and transphobia to be recognized by the state’) (News story, 24
September) faced homelessness on release.
5. Poland: Abortion ban and regressive sexuality education laws must
not be rushed through under cover of COVID-19 (News story, 14 April) RIGHT TO HOUSING
The government suspended foreclosures and
evictions during the state of emergency and
PORTUGAL until the end of the year. Nevertheless, many
families continued to lack access to adequate
housing. In March, just before the
Portuguese Republic
Head of state: Marcelo Rebelo de Sousa suspension was in place, the City Council in
Head of government: António Costa the capital, Lisbon, evicted about 70 people
who had occupied social housing for lack of
alternatives. At least nine evicted families
The government’s response to COVID-19 reported that they had not been offered
exposed gaps in the rights to health and alternative accommodation and had to sleep
housing. Discrimination against Roma in vans, tents or entrance halls of
continued. A man died following a beating neighbouring buildings.
in border police custody. Prosecutions and There were several reports that shelters for
convictions for gender-based violence the homeless were both insufficient and of
remained low. poor quality. Support for the homeless was
largely left to local authorities and volunteers.
BACKGROUND
From 18 March to 2 May, the government RIGHTS OF REFUGEES, ASYLUM-
declared a state of emergency to control SEEKERS AND MIGRANTS
COVID-19, imposing limitations to freedoms In March, the government temporarily
of movement and assembly, including for granted access to health and social care to
religious purposes or protest. The asylum-seekers and non-nationals with
government declared a second state of pending residency applications.
emergency on 9 November until the end of The government relocated only 72
the year, restricting freedom of movement unaccompanied minors from Greece out of
and gatherings. 500 it had pledged to receive.
The death in custody in March of a
RIGHT TO HEALTH Ukrainian national, following a beating by
The Portuguese Medical Association reported border police at Lisbon airport, exposed
that over half of doctors lacked adequate PPE failures in the protection of people during
during the first state of emergency, and that border procedures. Three border police

296 Amnesty International Report 2020/21


officials were charged with aggravated In September, health care professionals
murder in September. protested over the reported lack of PPE and
In April, the UN Human Rights Committee access to tests for the COVID-19 virus,
(HRC) expressed concern about reports that according to news reports.
unaccompanied children were detained at
airports. In June, the Border Control Services CHILDREN’S RIGHTS
announced that the Child Protection In May, the Youth Development Institute, a
Commission would ensure support for local NGO, warned that measures related to
children in Lisbon airport’s border patrol COVID-19 could increase child poverty from
facilities. 58% to 65% if sufficient resources were not
allocated to mitigate it.
DISCRIMINATION Civil society organizations criticized the
In April, the HRC expressed concern over closing of canteens that provide free school
continuing racial discrimination against Roma lunches in public schools in the context of
and people of African descent in education, COVID-19, indicating that an estimated 70%
employment and housing, and about reports of children in the public education system
of hate speech and hate crimes. live in poverty and rely on school meals.

VIOLENCE AGAINST WOMEN AND GIRLS RIGHT TO HOUSING


In April, the HRC expressed concern at the In January, two earthquakes resulted in
low levels of reporting, prosecution and damage to hundreds of homes and left
conviction in relation to gender-based thousands of people living in temporary
violence. housing, shelters, vehicles or tents for
In July, prosecutors charged a mother for months.
subjecting her daughter to female genital By late March, according to news reports,
mutilation, the first such case to go to trial in the Department of Housing had closed all the
Portugal. refugee centres they administered.
By September, according to the University
of Puerto Rico in Cayey, of the 40,628
PUERTO RICO requests for housing assistance made to the
Federal Emergency Management Agency
Commonwealth of Puerto Rico (FEMA) in the most affected municipalities,
Head of state: Donald Trump only 34% had received assistance.
Head of government: Wanda Vázquez Garced Media reports estimated that 10,000
families may still have had their homes
The authorities failed to ensure the rights of affected ten months after the earthquakes.
thousands of people made homeless by
earthquakes in January. The number of VIOLENCE AGAINST WOMEN AND GIRLS
femicides increased. For the first time, Despite declaring a state of national alert in
federal hate crime charges were brought 2019, a symbolic response to the high
following the killings of two transgender number of gender-based violence cases, the
women. authorities did not present a plan to mitigate
this or protect the rights of women and girls.
BACKGROUND By late December, 60 people had been
In March, in response to the COVID-19 killed due to their gender, compared with 37
pandemic, Governor Wanda Vázquez in the whole of 2019, according to the
declared a state of emergency and signed the Observatory of Gender Equality of Puerto
first of many Executive Orders issued during Rico.
the year in relation to curfews. During the first three months of the island-
wide lockdown implemented in response to

Amnesty International Report 2020/21 297


COVID-19, between mid-March and late May, In April, for the first time, federal
there were 11 femicides, compared with six authorities in Puerto Rico brought charges
during the same period in 2019, according to under the Matthew Shepard and James Byrd
data from the Observatory of Gender Equality Jr. Hate Crimes Prevention Act, signed by
of Puerto Rico. former President Obama in 2009, for the
The government continued to exclude any killing of two other transgender women,
content related to “gender” from the Serena Angelique Velázquez and Layla
educational curriculum. Peláez Sánchez.

EXCESSIVE USE OF FORCE 1. Americas: Authorities must protect people from COVID-19 instead of
During the island-wide lockdown resorting to repressive measures (News, 15 May)
implemented in an effort to mitigate the
impact of COVID-19, there were reports of
excessive use of force by the police enforcing
lockdown measures, including a verified
QATAR
video in which police appeared to stop an
State of Qatar
individual on his way to get food and other
Head of state: Tamim bin Hamad bin Khalifa Al Thani
basic items.1 Head of government: Khalid bin Khalifa bin Abdulaziz
By October, the police had received more Al Thani (replaced Abdullah bin Nasser bin Khalifa Al
than 3,300 complaints related to alleged Thani in January)
violations of Executive Orders issued since
the beginning of the COVID-19 pandemic New laws were passed offering migrant
and had arrested more than 1,000 people for workers better legal protections. Despite
alleged breaches. government measures to control the spread
of COVID-19, migrant workers bore the
FREEDOM OF ASSEMBLY brunt of the pandemic’s impact. The
The day before the annual 1 May protests, authorities further tightened restrictions on
the police announced that protests were freedom of expression. Women continued to
prohibited by Executive Order. Following face discrimination in law and practice.
criticism by civil society organizations who Executions resumed after a 20-year hiatus.
alleged this was unconstitutional, the protests
went ahead. BACKGROUND
The Gulf crisis that started in 2017
RIGHTS OF LESBIAN, GAY, BISEXUAL, continued, with ties severed between Qatar
TRANSGENDER AND INTERSEX and Bahrain, Egypt, Saudi Arabia and the
(LGBTI) PEOPLE United Arab Emirates.
Among the 60 femicides during the year, six In January, the Emir appointed Sheikh
of those killed were transgender people, four Khalid bin Khalifa bin Abdulaziz Al Thani as
more than in the previous year, according to Prime Minister and formed a new cabinet.
the Observatory of Gender Equality of Puerto In March, the government introduced a
Rico. series of measures to control the spread of
In February, the violent killing of Alexa COVID-19, including access to free health
Luciano Ruiz, a transgender woman, care, and provided financial support to
provoked a public outcry. According to news businesses. The Emir also amended the
reports, the day before her killing the police Prevention of Infectious Diseases Law to
had intervened after a complaint was made increase fines and prison sentences for
against her for using the women’s bathroom anyone violating its provisions and
in a fast-food restaurant, photos of which established a Health Prosecution Unit
went viral on social media. dedicated to such prosecutions.

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In November, the Emir announced that “take urgent steps to dismantle what is in
long-promised elections to the Shura Council effect a quasi-caste system based on national
(an advisory body that acts as a quasi- origin”, including in the private sector.
parliament) will be held in 2021. In August, the Emir signed a series of laws
setting a non-discriminatory minimum wage
MIGRANT WORKERS’ RIGHTS that must be revised annually, and two others
Significant reforms aiming to protect migrant abolishing the necessity for migrant workers
workers from labour abuse and exploitation to obtain the “No-Objection Certificate” from
were introduced, but employers continued to their employer to change jobs. The new
retain disproportionate powers as they legislation enabled workers to change jobs
oversee the entry and residence of migrant freely through an online process led by
workers and can file criminal “absconding” MADLSA.2 In preparation for this move, in
charges against them. Following July, the government launched a re-
announcements by the Minister of employment platform to enable companies
Administrative Development, Labour and and employees to seek new employment
Social Affairs (MADLSA) in 2019 to abolish opportunities.
the kafala (sponsorship) system, in January
the Ministry of Interior extended the abolition Migrant women domestic workers
of the exit permit requirement to include Migrant domestic workers, mostly women,
domestic workers, stipulating, however, that continued to face severe forms of abuse
they inform employers 72 hours before their without access to a remedy despite the
departure. Domestic Workers Law introduced in 2017.
In June, MADLSA announced the opening Many employers made women work an
of a joint office with the Judiciary Supreme average of 16 hours a day, denied them rest,
Council to facilitate implementation of the prevented them from taking a day off in the
decisions of newly established committees to week, and confiscated their passports despite
resolve labour disputes. However, access to this being illegal. These abuses took place in
justice for migrant workers remained largely a climate of complete impunity for
slow and fruitless, and the conditions under perpetrators. The only shelter, established in
which workers could collect their unpaid 2019, to offer refuge for domestic workers
wages from the support fund, set up to help fleeing abuse and exploitation was not fully
them recoup their money, were unclear. operational, making it even more difficult for
Around 100 migrant workers, employed on them to leave an abusive workplace, let alone
a construction project for a FIFA World Cup press charges against their employer.3
stadium, worked for up to seven months
without pay. While most employees eventually RIGHT TO HEALTH
received the majority of their basic salaries, The COVID-19 crisis exposed the vulnerability
some workers still had several months of of migrant workers in Qatar.4 Although the
salaries or allowances outstanding at the end government introduced some positive
of the year.1 measures, such as free health care and
Despite some pilot projects to set up joint testing for everybody, migrant workers were
committees to represent workers in various particularly affected by the pandemic and
companies, migrant workers, unlike Qatari exposed to infection as a result of
nationals, were still unable to form or join overcrowded and often insanitary living
trade unions. conditions.5 Cases of unpaid wages increased
In its July report following a visit to Qatar, sharply from March and despite government-
the Special Rapporteur on racism raised backed financial packages to support
serious concerns regarding the “structural businesses and mitigate the impacts of the
forms of racial discrimination against non- pandemic, thousands of companies failed to
nationals” and called on the government to pay workers on time. Despite the

Amnesty International Report 2020/21 299


government’s announcement of measures and subjected them to forced, private
and efforts to provide support to migrant medical examinations to determine if they
workers, some of those living in lockdown had given birth; a baby girl had been found
areas complained about the lack of food and abandoned in a bin at the airport. The
supplies. incident drew a public outcry prompting
In April, police rounded up dozens of Qatar to issue an apology and launch an
Nepali migrant workers and told them they investigation into the incident.
were to be tested for COVID-19 and then
returned to their accommodation. Instead, RIGHT TO PRIVACY
they were taken to detention centres and Qatar’s contact tracing app EHTERAZ,
held in appalling conditions for several days, developed by the Ministry of Interior to
before being expelled to Nepal without contain the spread of COVID-19, had a
explanation or due process.6 serious security flaw that exposed sensitive
personal details of over 1 million users. Once
FREEDOM OF EXPRESSION the authorities were alerted to the flaw, they
Freedom of expression was further restricted quickly fixed it.9 The app, like many others,
by a vaguely worded law passed in January remained problematic due to its lack of
that criminalized a broad range of speech privacy safeguards.10
and publishing.7 Under the law, “biased”
broadcasting or publishing can be punished DEATH PENALTY
by up to five years in prison and a fine of Executions resumed in April after a 20-year
QAR100,000 (over US$25,000). hiatus.
The authorities continued to exercise
arbitrary executive powers, placing
1. Qatar: Migrant workers unpaid for months of work on FIFA World Cup
administrative sanctions such as travel bans stadium (Press release, 11 June)
on individuals without judicial process, in 2. Qatar: New laws to protect migrant workers are a step in the right
some cases seemingly as punishment for direction (Press release, 30 August)
their political opinions or peaceful activities.8 3. Qatar: “Why do you want to rest?”: Ongoing abuse of domestic
workers in Qatar (MDE 22/3175/2020)
WOMEN’S RIGHTS 4. Qatar: Migrant workers in labour camps at grave risk amid COVID-19
Women continued to face discrimination in crisis (Press release, 20 March)
law and practice. 5. COVID-19 makes Gulf countries’ abuse of migrant workers impossible
Family law continued to discriminate to ignore (Campaigns, 30 April)
against women, including by making it much 6. Qatar: Migrant workers illegally expelled during COVID-19 pandemic
harder for them to seek a divorce, severely (Press release, 15 April)

disadvantaging them economically if they 7. Qatar: Repressive new law further curbs freedom of expression (Press
release, 20 January)
sought a divorce or their husband left them.
In its report following its visit to Qatar, the 8. Qatar: Arbitrary executive action puts lives on hold (MDE
22/2772/2020)
UN Working Group on Arbitrary Detention
noted that women under the age of 25 must 9. Qatar: Contact tracing app security flaw exposed sensitive personal
details of more than one million (Press release, 26 May)
obtain the permission of their male guardians
10. Bahrain, Kuwait and Norway contact tracing apps among most
to engage in daily activities such as signing
dangerous for privacy (Press release, 16 June)
contracts and leaving the country. As a result,
it said, “women were prevented from leaving
their family homes without the permission of
their legal guardians, resulting in de facto
deprivation of liberty by their families.”
On 2 October, the Qatari authorities took a
number of women off planes when they were
travelling out of Doha’s airport in the capital

300 Amnesty International Report 2020/21


ROMANIA Roma
A European Commission report in February
Republic of Romania found that Roma continued to face
Head of state: Klaus Iohannis discrimination and segregation including in
Head of government: Florin Cîțu (replaced Ludovic education, employment, access to housing
Orban in December) and forced evictions.
During the state of emergency, NGOs and
The government’s response to COVID-19 the media reported several cases of unlawful
raised human rights concerns including in use of force and allegations of ill-treatment of
relation to policing, the right to freedom of Roma by the police.1
peaceful assembly and the right to Human rights groups and NGOs raised
education. Roma continued to experience concerns about Roma being scapegoated
systemic discrimination, and some faced during the pandemic. They denounced “the
excessive use of force and ill-treatment by rise of hate speech and racism” targeting
police. The Constitutional Court declared Roma in mass media and social media,
unconstitutional the law adopted in June by especially by opinion leaders and public
Parliament prohibiting the teaching about figures. Romania’s equality body, the National
gender identity. The European Court of Council for Combating Discrimination,
Human Rights found the authorities had criticized a local newspaper, a member of
acted unlawfully in deporting two Pakistani Parliament, a former President and a
men. university professor for discriminatory
statements against Roma.
BACKGROUND
In March, the government declared a state of Rights of lesbian, gay, bisexual, transgender and
emergency due to the COVID-19 pandemic. intersex (LGBTI) people
It derogated temporarily from a number of In June, Parliament passed a law which,
rights protected under the European among other things, prohibited teaching and
Convention on Human Rights, including the training about gender identity. The law,
right to education and to freedoms of adopted without public debate, prohibited
movement, expression and association. In “activities aimed at propagating the gender
May, the state of emergency was replaced identity theory or opinion, understood as the
with a “state of alert” which remained in theory or opinion that gender is a different
place until the end of year. concept from that of biological sex and that
The European Commission continued to the two are not always identical.”
pressure Romania to roll back legislative Human rights groups and universities
changes that posed a threat to the rule of law, condemned the ban, arguing it would
including the independence of the judiciary. legitimize discrimination against the LGBTI
community. The law, which also raised
DISCRIMINATION concerns around the rights to academic
A legislative proposal which would expand freedom and freedom of expression, was
existing anti-discrimination legislation declared unconstitutional by the
remained before the Senate at year’s end. Constitutional Court in December.
The bill proposed other forms of
discrimination – discrimination by RIGHT TO EDUCATION
association, intersectional discrimination and Despite 2016 legislation prohibiting
segregation – as well as the inclusion of segregation in primary and secondary
discrimination criteria on citizenship and skin education, and subsequent guidelines
colour. adopted by the Ministry of Education to apply

Amnesty International Report 2020/21 301


the law, the government failed to implement security, they must be accompanied by
the guidelines by year’s end. sufficient counterbalancing safeguards.
A study by the NGO Caritas Romania
highlighted the challenges faced by children
1. Policing the pandemic: Human rights violations in the enforcement of
from vulnerable groups while accessing COVID-19 measures in Europe (EUR 01/2511/2020)
remote learning during the March-June 2. Romania: European Court verdict strikes a blow to decisions based
lockdown, with Roma among the worst on secret evidence (News story, 16 October)
affected. According to the study, an average
of only 15% of children from marginalized
groups participated habitually in online
activities during the lockdown, marking a
RUSSIA
drastic reduction compared to the 83% Russian Federation
average for school attendance of the children Head of state: Vladimir Putin
registered before the pandemic. The main Head of government: Mikhail Mishustin (replaced
obstacles included a lack of technical Dmitry Medvedev in January)
equipment, overcrowded homes with a lack
of adequate study spaces, and the absence The COVID-19 pandemic exposed chronic
of support from parents to complete online under-resourcing in health care. The
tasks. authorities used the pandemic as a pretext
to continue the crackdown on all dissent,
FREEDOM OF ASSEMBLY including through amendments to a vaguely
Following Romania’s temporary derogation in worded law on “fake news” and tightening
March from the right to freedom of peaceful restrictions on public gatherings. Peaceful
assembly, a blanket prohibition on public protesters, human rights defenders and
gatherings was in place. Civil society groups civic and political activists faced arrest and
criticized such measures as disproportionate. prosecution. Persecution of Jehovah’s
Gatherings of up to 100 people were Witnesses intensified. Torture remained
permitted from November as long as certain endemic, as did near total impunity for
protection measures were observed. perpetrators. The right to a fair trial was
routinely violated while legal amendments
DUE PROCESS resulted in a further reduction in judicial
In October, in the case of Muhammed and independence. Reports of domestic violence
Muhammed v. Romania, the Grand Chamber rose sharply during COVID-19 lockdown
of the European Court of Human Rights measures, although the draft law on
found that the authorities acted unlawfully domestic violence remained stalled in
when, in 2012, they deported two Pakistani Parliament. LGBTI people continued to face
nationals residing legally in the country. The discrimination and persecution. Thousands
deportation was based on secret evidence of labour migrants lost their jobs during the
seen only by the government and the courts pandemic but were unable to leave because
alleging that their activities posed a potential of border closures. Evidence emerged to
threat to Romania’s national security.2 corroborate allegations of war crimes by
The Court found that in expulsion Russian forces in Syria.
proceedings people have a right to be
informed of the relevant factual elements BACKGROUND
which led authorities to consider that they The economic downturn, underpinned by
represent a threat to national security, and to falling oil prices, dwindling investment and
be given access to the content of the foreign sanctions, and exacerbated by the
documents and the information relied upon COVID-19 pandemic, led to a further
by the government. It found that where impoverishment of a growing proportion of
limitations are necessary to protect national the population. Discontent widened, with a

302 Amnesty International Report 2020/21


slow but steady increase in protests. The in custody were considered unreliable by
government continually faced, and ignored, independent monitors.
mounting allegations of corruption at all
levels. Measures announced by President FREEDOM OF ASSEMBLY
Vladimir Putin and his government, like Freedom of peaceful assembly remained
extended fully paid leave for all workers in constrained with further restrictions
response to COVID-19, failed to address introduced in December. The rules relating to
people’s broader concerns. public assemblies and single-person pickets
The authorities introduced multiple were further restricted in response to the
amendments to the Constitution, with the pandemic, and some regions banned them
apparent purpose of removing legal outright. Public protests were typically small
restrictions on President Putin’s participation but regular, despite reprisals. There was a
in future presidential elections. sharp increase in the numbers of single
Russia maintained a strong influence on picketers arrested and prosecuted.
its immediate neighbours, and its occupation On 15 July, over a hundred peaceful
of Crimea and other territories continued. protesters against constitutional changes
were arbitrarily arrested and at least three
RIGHT TO HEALTH severely beaten by the police in Moscow.
The COVID-19 pandemic placed further Dozens were heavily fined or detained for five
strain on the health care system, exposing to 14 days.
chronic under-resourcing. A shortage of The 9 July arrest of Sergey Furgal, who in
hospital beds, key protective and medical 2018 had defeated the pro-Kremlin
equipment and medications, together with candidate to be elected Governor in the Far
the delayed wages of health workers, were East Khabarovsk Region, prompted weekly
frequently reported across the country. peaceful mass protests in Khabarovsk as well
Official and independent numbers on as solidarity protests across Russia.
infection and mortality rates varied greatly, Unusually, tens of thousands were allowed to
indicating government under-reporting. march repeatedly in Khabarovsk before
police made the first arrests on 18 July. On
Health workers 10 October, police dispersed the protest for
Whistle-blowers from among health workers the first time, arresting at least 25 people,
and other groups faced reprisals, including with at least five later sentenced to several
disciplinary measures and prosecution for days in detention. The protests in Khabarovsk
“fake news”. were continuing at year’s end.
Doctor Tatyana Revva was arbitrarily In December, peaceful protester
reprimanded and threatened with dismissal Konstantin Kotov was released following his
after she repeatedly complained about the imprisonment in 2019 for “repeated
shortage and inadequacy of protective violation” of regulations on public assemblies.
equipment. Police considered and dismissed In January, the Constitutional Court had
“fake news” allegations against her following ordered a review of his case, and in April, the
a complaint from the hospital’s head doctor.1 Moscow City Court reduced his sentence
from four years to 18 months. Others
Prison conditions prosecuted for the same offence included
Health care and sanitary provisions in political activist Yulia Galyamina, who was
penitentiary institutions remained inadequate given a two-year conditional sentence in
and further exacerbated by the pandemic. December, activist Vyacheslav Egorov
Although the authorities implemented standing trial in Kolomna, and protester
restrictive and additional sanitary measures, Aleksandr Prikhodko from Khabarovsk. In
they did not take measures to reduce the December, Aleksandr Prikhodko’s case was
prison population. Official COVID-19 figures dropped.

Amnesty International Report 2020/21 303


While police routinely used excessive and had not been informed about any
unnecessary force against protesters, they investigation.
also allowed anti-protester violence by other A journalist from Nizhnii Novgorod, Irina
groups. In Kushtau, Bashkiria, peaceful Slavina, faced routine harassment by the
environmental activists who opposed a local authorities. On 1 October, her home was
mining project were repeatedly assaulted, raided and searched, and police summoned
with impunity, by private security staff, her as a witness in a criminal case against a
occasionally operating alongside police. Late local activist under the “undesirable
on 9 August, around 30 private security organizations” law. On 2 October, she died
guards and around 100 masked men after self-immolating in protest in front of the
attacked a camp of 10 environmental regional police headquarters.
activists. Police were called but did not On 6 July, a military court in Pskov
intervene. This triggered further local protests convicted journalist Svetlana Prokopieva of
which forced the closure of the mining “public justification of terrorism” and fined
project in late August. her RUB500,000 (US$6,300) for her public
comments on repressive policies that may
FREEDOM OF EXPRESSION have motivated a 17-year-old to blow himself
Restrictions on freedom of expression up near the Federal Security Service building
continued. On 1 April, amendments to the in Arkhangelsk.
so-called “fake news” law, first passed in
2019, criminalized dissemination of Internet
“knowingly false information about Censorship of the internet continued. In
circumstances posing a threat to the lives June, the European Court of Human Rights
and security of citizens and/or about the (ECtHR) in Vladimir Kharitonov v. Russia and
government’s actions to protect the three other cases ruled that internet-blocking
population.” Individuals face up to five years’ measures were “excessive and arbitrary” and
imprisonment if dissemination of information violated the right to impart and receive
leads to bodily harm or death, with hefty fines information. A court in Moscow fined Google
for the media. Hundreds of people were fined RUB1.5 million (US$18,899) in August and
under administrative proceedings, and at RUB3 million (US$ 40,580) in December for
least 37 faced criminal proceedings under its search engine listing “dangerous content”
this law, many of them critical civil activists, banned by Russian authorities. In December,
journalists or bloggers. At least five media President Putin signed a law introducing
outlets were prosecuted. The newspaper sanctions on foreign internet platforms for
Novaya Gazeta and its chief editor were fined blocking Russian media content. Another law
twice, in August and September, for passed in December introduced
publications about COVID-19 and ordered to imprisonment for libel committed via the
delete respective articles online. internet.

Journalists Repression of dissent


Harassment, prosecution and physical Opposition activists and other dissenting
attacks against journalists continued. On 30 voices faced severe reprisals. As part of the
June, police in Saint Petersburg assaulted politically motivated criminal case against
reporter David Frenkel at a polling station and opposition leader Alexei Navalny’s Anti-
broke his arm. On 15 October, a journalist Corruption Fund, 126 bank accounts
from Khabarovsk, Sergei Plotnikov, was belonging to his associates were frozen in
abducted by masked men, driven to the January, followed by criminal and civil libel
woods, beaten and subjected to a mock cases against Alexei Navalny and others. On
execution. He reported the incident to the 20 August, Alexei Navalny was taken ill on a
police once released but by year’s end, he flight from Tomsk. He was urgently

304 Amnesty International Report 2020/21


hospitalized, and later flown to Germany NGOs’ staff, unregistered groups and
where he was diagnosed with poisoning by a individuals.
military-grade nerve agent. The Russian In April, the education NGO Projectoria
authorities failed to investigate the poisoning. was forced to register as a “foreign agent” to
Siberian shaman Aleksandr Gabyshev, avoid fines while its foreign donor, Project
who had vowed to “purge” President Putin Harmony, was declared “undesirable”.
from the Kremlin, was on 12 May confined to In October, activist Yana Antonova from
a psychiatric hospital after he refused to be Krasnodar was sentenced to 240 hours of
tested for COVID-19. He was discharged on forced labour for association with an
22 July following criticism in Russia and “undesirable organization”, re-posting Open
abroad. Russia-branded materials online and taking
In June, political blogger Nikolay part in single person pickets. She was
Platoshkin was placed under house arrest on subsequently fined again under new
criminal charges of “calls to mass administrative proceedings.
disturbances” and dissemination of
“knowingly false information” for planning a FREEDOM OF RELIGION AND BELIEF
peaceful protest against constitutional The prosecution of Jehovah’s Witnesses
amendments. under “extremism” charges escalated,
including in occupied Crimea, with a growing
HUMAN RIGHTS DEFENDERS number of convictions, and longer sentences.
Harassment, prosecution, and physical At year’s end, 362 people were under
attacks against human rights defenders investigation or standing trial, 39 had been
remained commonplace. convicted and six were imprisoned. Artem
Activists Alexandra Koroleva, in Gerasimov, for example, was sentenced on
Kaliningrad, and Semyon Simonov, in Sochi, appeal in June to six years’ imprisonment
were charged and faced possible and a fine of RUB400,000 (US$5,144) by
imprisonment for non-payment of arbitrary the de facto Supreme Court of Crimea.
and heavy fines by their respective NGOs.
Journalist Elena Milashina and lawyer TORTURE AND OTHER ILL-TREATMENT
Marina Dubrovina were assaulted by a mob Torture and other ill-treatment remained
in a hotel in Grozny, Chechnya, on 6 pervasive, and the number of perpetrators
February.2 A formal investigation started in convicted was negligible. Prosecutions were
March but was manifestly ineffective. typically for “abuse of authority” and resulted
Meanwhile, Chechen head Ramzan Kadyrov in lenient sentences.
issued thinly veiled death threats against Twelve former prison officers from
Elena Milashina, with impunity. Yaroslavl colony were sentenced to up to four
Lawyer Mikhail Benyash’s appeal against years and three months’ imprisonment after a
his criminal conviction – which could lead to leaked video showed an inmate being beaten
disbarment – started in October and was still in 2017. Six of them were immediately
ongoing at year’s end. released on account of time already spent in
detention. The former head and deputy head
FREEDOM OF ASSOCIATION of the colony were acquitted.
Laws on “foreign agents” and “undesirable
organizations” were actively used to smear UNFAIR TRIALS
independent NGOs, deprive them of funding Violations of the right to a fair trial remained
and severely penalize their members. In common. Detainees were denied meetings
December, further draconian legislative with their lawyers and a number of trials
changes were signed into law, including to continued to be closed to the public, with the
extend the “foreign agents” provisions to COVID-19 pandemic being often abusively
used as a justification.

Amnesty International Report 2020/21 305


In February and June respectively, seven In June, the ECtHR held in Polshina v.
young men from Penza, and two from Saint Russia that deficiencies in the legal system
Petersburg, received sentences of up to 18 related to domestic violence violated the
years’ imprisonment under trumped-up prohibitions of torture and discrimination.
terrorism charges over their purported The Court underlined Russia’s consistent
involvement with a non-existent organization failure to investigate abuse, and years-long
called “Network”. Numerous allegations of tolerance of “a climate which was conducive
torture and other ill-treatment, and of to domestic violence”.
fabrication of evidence, were ignored.3
Constitutional and legislative amendments RIGHTS OF LESBIAN, GAY, BISEXUAL,
further eroded the right to a fair trial, TRANSGENDER AND INTERSEX (LGBTI)
including by giving the President power to PEOPLE
nominate the judges of the Constitutional and LGBTI people continued to face
Supreme Courts, and initiate the appointment discrimination and persecution.
of all federal judges and dismissal of senior Constitutional amendments redefined
federal judges. marriage as a “union between a man and a
woman”, reinforcing existing limitations on
Counter-terrorism same-sex marriage and ensuing restrictions,
Counterterrorism legislation was widely including adoption by same-sex couples.
abused, often to target dissent. LGBTI rights activist Yulia Tsvetkova was
Journalist Abdulmumin Gadzhiev, from fined RUB75,000 (US$1,014) for posting
Dagestan, remained in custody under online her drawings in support of same-sex
fabricated charges of financing terrorism and couples and faced other penalties, including
participation in terrorist and extremist ongoing prosecution for pornography relating
organizations. His trial started in November. to her body positive drawings featuring
In occupied Crimea, allegations of female genitalia.4
membership of the Islamist organization
Hizb-ut-Tahrir (labelled as a “terrorist” MIGRANTS’ RIGHTS
movement by Russia in 2003) were widely Over a third of foreign labour migrants
used to imprison ethnic Crimean Tatars. In reported having lost work owing to the
June, Crimean human rights defender Emir- COVID-19 pandemic, and thousands were
Usein Kuku lost the appeal against his 12- stranded in Russia due to related border
year prison sentence. In September, another closures. In April, a presidential decree eased
Crimean human rights defender, Server work permit and residency rules for migrants
Mustafayev, was sentenced to 14 years in and refugees, and temporarily suspended
prison. forcible returns of foreign and stateless
In September, 19 men from Ufa, individuals. Some regional authorities ceased
Bashkiria, convicted for alleged Hizb-ut- temporary detention of migrants, although
Tahrir membership and sentenced to new decisions on forcible returns were also
between 10 and 24 years, lost their appeal, reported.
with one defendant’s sentence reduced by a
year. UNLAWFUL ATTACKS
Evidence including witness statements,
VIOLENCE AGAINST WOMEN AND GIRLS videos, photographs and satellite imagery of
Proposals to introduce legislation on seven air strikes against medical facilities and
domestic violence remained stalled in schools by Russian forces, and four by Syrian
Parliament, while NGOs reported a sharp or Russian forces, between May 2019 and
increase in domestic violence following February 2020 in Syria, corroborated
COVID-19 lockdown measures. allegations of serious violations of

306 Amnesty International Report 2020/21


international humanitarian law amounting to tackle sexual exploitation and abuse of
war crimes (see Syria entry).5 children, to ensure that protection of children
with disabilities included those with
intellectual and psychosocial disabilities, and
1. Russian Federation: Russian doctor’s persecution continues: Tatyana
Revva (EUR 46/2970/2020, 2 September) to ensure the police fully respected the rights
2. Russia: Prominent investigative journalist and lawyer attacked
of children living on the streets.
during visit to Chechnya (News story, 7 February)
3. Russia: Prosecution for membership of a non-existent “terrorist”
SEXUAL AND REPRODUCTIVE RIGHTS
organization must stop (News story 7 February) In May, the President pardoned 36 women
4. Russian Federation: Activist faces jail for female body drawings: convicted for abortion. All except eight of
Yulia Tsvetkova (EUR 46/2977/2020) them were arrested and convicted after 2018
5. Syria: 'Nowhere is Safe for Us': Unlawful attacks and mass Penal Code revisions. While abortion
displacement in north-west Syria (MDE 24/2089/2020) remained illegal in most circumstances, the
2018 Penal Code introduced legal exceptions
in cases of rape, incest or forced marriage.
RWANDA RIGHT TO LIFE
Republic of Rwanda On 17 February, the Rwanda National Police
Head of state: Paul Kagame announced that the popular singer Kizito
Head of government: Édouard Ngirente Mihigo had been found dead that morning in
his cell in Remera police station in the
The authorities took measures to promote capital, Kigali. Three days earlier the Rwanda
the right to health during the COVID-19 Investigation Bureau (RIB) had confirmed his
pandemic and promised accountability for arrest on charges which included joining
excessive use of force by police officers. “terrorist” groups and attempting to cross the
Reports of enforced disappearances, border illegally. There was no independent
arbitrary detention, excessive use of force, investigation into his death. The National
unfair trials and restrictions on the right to Public Prosecution Authority concluded he
freedom of expression continued. died by suicide and that there was no basis
for criminal charges, in a finding based on a
RIGHT TO HEALTH RIB investigation and the Rwanda Forensic
In March, the authorities responded rapidly Laboratory.1
to the COVID-19 pandemic, imposing a strict
nationwide lockdown and suspending ENFORCED DISAPPEARANCES
commercial flights. They provided free Enforced disappearances of political
treatment and mass testing. Until mid-May, opposition members continued and several
the government covered the cost of probable cases from previous years remained
mandatory quarantine for travellers entering unresolved. In June, Venant Abayisenga, a
the country. Thereafter, it offered subsidized member of Development and Liberty for All
provision. (DALFA-Umurinzi), and former member of
the United Democratic Forces (FDU-Inkingi),
CHILDREN’S RIGHTS both unregistered opposition political parties,
In January, the UN Committee on the Rights was reported missing. He had been acquitted
of the Child reviewed the government’s report in January of forming an irregular armed
and commended Rwanda’s progress in group and released from prison. He told the
reducing poverty and infant and child media that he was tortured in detention. His
mortality rates, improving access to whereabouts remained unknown at the end
education and health services, and fighting of the year.
HIV/AIDS. Meanwhile, it urged the
government to take further measures to

Amnesty International Report 2020/21 307


Rwanda had not ratified the International He was transferred to the custody of the
Convention for the Protection of All Persons International Residual Mechanism for
from Enforced Disappearance.2 Criminal Tribunals (IRMCT) in The Hague in
October, and a plea of not guilty was entered
EXCESSIVE USE OF FORCE during a pre-trial hearing in November.
In September, following an outcry on social In May, the IRMCT Chief Prosecutor
media in response to police use of excessive, confirmed DNA tests had proved that
and at times lethal, force, including in Augustin Bizimana, whom the ICTR had
response to alleged curfew violations, the indicted in 2001 for genocide, had died in
President and the Minister of Justice 2000 in the Republic of the Congo.
condemned the actions of individual police The authorities sought the extradition of
officers. They said these actions violated genocide suspect Aloys Ntiwiragabo from
operational guidelines and promised to hold France. In July, a preliminary investigation for
perpetrators accountable. On 9 September, a crimes against humanity was launched in
police spokesperson said several officers France after a journalist located him in
were in custody while investigations and Orléans, about 100km south-west of Paris.
prosecutions were ongoing.
ARBITRARY DETENTION
UNFAIR TRIALS A night-time curfew was introduced in
On 31 August, the RIB announced the arrest response to the COVID-19 pandemic. Police
of Paul Rusesabagina, famed as the manager instructed those alleged to have violated the
of Hotel des Milles Collines where over 1,200 curfew to report to centres, including open-
people sought refuge during the 1994 air stadiums, where they remained until the
genocide. He was later charged with offences end of curfew the next morning. The police
including terrorism, arson, kidnap and spokesperson said these were not “detention
murder in relation to his support for an or prison facilities” but “central grounds used
armed group. He had left Dubai overnight on to control movements during curfew hours as
27/28 August in mysterious circumstances; well as sensitization centres with space for
in court in November, he said that he had physical distancing, where people are
been abducted and blindfolded with his arms educated on the pandemic and safety
and legs bound. The authorities refused to practices.”
explain how he arrived in Kigali but asserted In July, the Rwanda National Police
that due process had been followed. He was published a list of 498 motorists (including
initially denied access to a lawyer hired by his some registration plate details) who, since
family and chose two lawyers from a list of April, had allegedly ignored orders and not
pro bono advocates. From November he was reported to the centres. Those who did not
represented by the lawyer chosen by his report to the police within an allotted time
family. He remained in pre-trial detention at were warned they would be arrested. Several
the end of the year, after three requests for similar lists were published on a regular basis
release on bail were denied.3 until October.

RIGHT TO TRUTH, JUSTICE AND FREEDOM OF EXPRESSION


REPARATION In April, several YouTube bloggers reported
In May, Félicien Kabuga, acknowledged as a on allegations that soldiers raped women and
chief financier of the 1994 genocide, was committed other human rights violations
arrested by French authorities in a Paris during lockdown in the Kangondo II
suburb. In 1997 the International Criminal neighbourhood known as “Bannyahe” in
Tribunal for Rwanda (ICTR), which tried Kigali. Although the Rwanda Defence Force
genocide cases until 2015, indicted him on announced on 4 April that they were holding
seven counts of genocide and related crimes. five soldiers suspected of involvement in

308 Amnesty International Report 2020/21


these crimes, four bloggers who reported on Court (SCC) and other courts. Courts
the abuses and other consequences related resorted extensively to the death penalty
to the authorities’ COVID-19 response, were and people were executed for a wide range
later arrested. Two of the bloggers were of crimes. Migrant workers were even more
provisionally released later the same month, vulnerable to abuse and exploitation
and one was released on bail in May while because of the pandemic, and thousands
Dieudonné Niyonsenga, also known as were arbitrarily detained in dire conditions,
Cyuma Hassan, and his driver, Fidèle leading to an unknown number of deaths.
Komezusenge, remained in detention at the
end of the year. The Rwanda Media BACKGROUND
Commission said that bloggers were not The country maintained economic and
recognized as journalists and were “not political sanctions against Qatar, along with
authorized to interview the population.” Bahrain, Egypt and the United Arab Emirates
(UAE), in the ongoing political crisis in the
REFUGEES AND ASYLUM-SEEKERS Gulf that began in 2017.
In late August, UNHCR, the UN refugee The Saudi Arabia-led coalition in the long-
agency, and the governments of Rwanda and running armed conflict in Yemen continued
Burundi began to facilitate organized returns to be implicated in war crimes and other
of Burundian refugees from Rwanda. serious violations of international law (see
Yemen entry).
In March, the Saudi Press Agency
1. Rwanda: Shocking death of gospel singer in custody must be
effectively investigated (Press release, 17 February) announced that the Control and Anti-
2. Rwanda: More progress needed on human rights commitments:
Corruption Authority (the Nazaha) had
Amnesty International submission for the UN Universal Periodic arrested 298 public sector officials and was
Review, 37th session of the UPR Working Group, January-February investigating them for corruption.
2021 (AFR 47/2858/2020)
In May, in response to plummeting oil
3. Rwanda: Paul Rusesabagina must be guaranteed a fair trial (Press prices and the economic impact of
release, 14 September)
COVID-19, the authorities introduced
austerity measures, tripling Value Added Tax

SAUDI ARABIA to 15% and ending the cost of living


allowance for state employees.
In November, the G20 summit was held
Kingdom of Saudi Arabia virtually, chaired by Saudi Arabia. More than
Head of state and government: Salman bin Abdulaziz 220 civil society organizations pledged not to
Al Saud participate in the parallel civil society
engagement process to protest against Saudi
Repression of the rights to freedom of Arabia’s human rights record.
expression, association and assembly
intensified. Among those harassed, FREEDOMS OF EXPRESSION,
arbitrarily detained, prosecuted and/or ASSOCIATION AND ASSEMBLY
jailed were government critics, women’s The authorities escalated repression of the
rights activists, human rights defenders, rights to freedom of expression, association
relatives of activists, journalists, members and peaceful assembly, including through a
of the Shi’a minority and online critics of crackdown on online expression and undue
government responses to the COVID-19 restrictions on freedom of expression related
pandemic. Virtually all known Saudi to the government’s responses to the
Arabian human rights defenders inside the COVID-19 pandemic. They harassed,
country were detained or imprisoned at the arbitrarily detained and prosecuted
end of the year. Grossly unfair trials government critics, human rights defenders,
continued before the Specialized Criminal family members of activists and many others.

Amnesty International Report 2020/21 309


In March, the Public Prosecution and Political Rights Association (ACPRA),
announced that social media posts that detained since May 2018.
question, or instigate against, the COVID-19 In April, Abdullah al-Hamid, a prisoner of
curfew would be punished under Article 6 of conscience and founding member of ACPRA,
the Anti-Cyber Crime Law, which carries died in detention following medical neglect.
penalties of up to five years’ imprisonment He had written extensively on human rights
and a maximum fine of almost SAR3 million and the independence of the judiciary.1 In
(US$800,000). late April, the authorities arrested writers and
Courts frequently invoked the Anti-Cyber others for expressing sympathy over his
Crime Law to sentence government critics death, including Abdulaziz al-Dakhil, an
and human rights defenders for peacefully economist, writer and former Deputy Finance
exercising their rights to freedom of Minister.
expression, citing tweets or other peaceful More than two years after a wave of arrests
online expression as evidence. targeted women human rights defenders and
The authorities continued to ban the supporters, the authorities continued to
formation of political parties, trade unions detain incommunicado Loujain al-Hathloul
and independent human rights groups, and and Nassima al-Sada for between two to four
to prosecute and imprison those who set up months at a time. In December, Loujain al-
or participated in unlicensed human rights Hathloul was sentenced to five years and
organizations. All gatherings, including eight months in prison, after her case was
peaceful demonstrations, remained transferred to the SCC in November. The
prohibited under an order issued by the court suspended two years and 10 months of
Ministry of Interior in 2011. the total prison term. Several other women
Members of the ruling family, former activists continued to be detained and on trial
governmental officials and their relatives were before the Criminal Court in Riyadh for their
among those arbitrarily arrested or detained. human rights work or expression.
A year after her arrest, an official Twitter
account confirmed in April the detention UNFAIR TRIALS
without charge of Basma bint Saud Al Saud, Grossly unfair trials continued before the
a daughter of former King Saud bin Abdulaziz SCC, a counter-terror court notorious for due
Al Saud and a writer and human rights process violations including mass trials.2
activist. Her family expressed concern about Among those who continued to be tried or
her health as she has underlying conditions were convicted after such trials were a
that require medical treatment. woman human rights defender, religious
clerics and activists charged with offences,
HUMAN RIGHTS DEFENDERS including capital offences, arising from the
The authorities arbitrarily detained, peaceful expression of their views.
prosecuted and imprisoned human rights A mass trial of 68 Palestinian, Jordanian
defenders and family members of women’s and Saudi Arabian nationals facing trumped-
rights activists for their peaceful activities and up charges under the Counter-Terrorism Law
human rights work, including under the began in March before the SCC. Two of them,
Counter-Terrorism Law and Anti-Cyber Crime Mohammed al-Khudari and his son Hani al-
Law. By the end of the year, virtually all Saudi Khudari, were charged with “joining a
Arabian human rights defenders were in terrorist entity” understood to be the Hamas
detention without charge, or were on trial or de facto authorities in Gaza. Both were
serving prison terms. forcibly disappeared during the first month of
Among those arbitrarily detained for their detention and were detained
prolonged periods without appearing before a incommunicado and in solitary confinement
judge or being charged was Mohammed al- for two months. They had no access to legal
Bajadi, a founding member of the Saudi Civil representation from their arrest onwards.

310 Amnesty International Report 2020/21


In June, 14 individuals detained since In August, in a long-overdue development,
April 2019 for their peaceful support of the the Saudi Human Rights Commission
women’s rights movement and women announced that the country’s Public
human rights defenders were charged under Prosecutor had ordered a review of the death
the Anti-Cyber Crime Law, the Counter- sentences against Ali al-Nimr, Abdullah al-
Terrorism Law or both. Among them was Zaher and Dawood al-Marhoun, who were at
Salah al-Haidar, the son of Aziza al-Yousef, a imminent risk of execution.3 The three young
woman human rights defender who remained men had been arrested in 2012 when
on trial for her women’s rights work. children and charged with offences relating
In September, eight people received final to their participation in anti-government
sentences for the murder of Saudi Arabian protests in the Eastern Province. In
journalist Jamal Khashoggi in Turkey in 2018. December, the public prosecution also
The Criminal Court in Riyadh commuted five reviewed its call for the execution of
initial death sentences, and sentenced all Mohammad al-Faraj, a member of the
eight to prison terms ranging from seven to country’s Shi’a minority, who was arrested at
20 years. The authorities permitted the the age of 15 for his “participation in [anti-
attendance of diplomats, but closed the trial government] protests” in the Eastern
to media and independent Province, and instead demanded a prison
observers. Additionally, the identity of those term.
on trial and the charges they faced were not The authorities failed to abide by
disclosed. international fair trial standards in capital
Also in September, the SCC sentenced cases, often holding summary proceedings in
writer and academic Abdullah al-Maliki to secret and without allowing defendants
seven years in prison for his tweets and other access to representation or legal assistance.
online posts in which he wrote about freedom Foreign nationals often did not have access
of expression and political representation and to translation services throughout the various
defended ACPRA members. He was also stages of detention and trial.
accused of hosting an intellectual forum to
discuss books and philosophy, on charges of CORPORAL JUDICIAL PUNISHMENT
“inciting public opinion against the country’s In April, the Minister of Justice issued a
rulers.” circular to all courts to implement the
Supreme Court’s decision to end
DEATH PENALTY discretionary flogging punishments and
Courts continued to impose death sentences, replace them with prison sentences and/or
and carried out scores of executions for a fines. Flogging continued in cases where the
wide range of crimes. punishment is mandatory under Shari’a.
In April, a royal order announced an end It remained unknown whether the
to the use of the death penalty against people discretionary flogging punishment imposed
aged under 18 at the time of the crime for on blogger Raif Badawi had been dropped. In
offences that attract discretionary 2014, he was sentenced to 1,000 lashes, 10
punishments under Shari’a (Islamic law). The years in jail followed by a 10-year travel ban,
order was aligned to the 2018 Law on and a large fine for “insulting Islam” and
Juveniles, which prevents judges from creating an online forum for debate. In
imposing discretionary death sentences on January 2015, he received the first 50
those aged under 15. This law does not lashes. Further floggings were delayed,
prevent judges handing down death initially on medical grounds and since then
sentences for that age group in the case of for unknown reasons.
hadd crimes (those with fixed and severe
punishments under Shari’a) or crimes
punishable by qisas (retaliation).

Amnesty International Report 2020/21 311


appeared in a video defending the personal
WOMEN AND GIRLS’ RIGHTS freedoms of LGBTI people.
In July, members of the Shura Council, a
body that advises the monarchy, proposed an MIGRANTS’ RIGHTS
amendment in the executive by-law to the In March, at the start of the COVID-19
Saudi Nationality Law to give permanent pandemic, the authorities extended residency
residency, without any fee or lengthy permits of foreign workers without charge,
procedures, to the children of Saudi Arabian and the Saudi Human Rights Commission
women married to foreign nationals. This was announced the release of 250 foreign
presented as an interim solution to detainees held for non-violent immigration
shortcomings of the Nationality Law, which and residency offences.
bars Saudi Arabian women married to foreign However, the approximately 10 million
nationals from passing on their citizenship to migrant workers in Saudi Arabia continued to
their children. be governed by the kafala (sponsorship)
In a positive development, also in July, a system, which gives employers
court ruled that “an adult, rational woman disproportionate powers over them and
living independently is not a crime” in the prevents them from leaving the country or
case of Maryam al-Otaibi, a Saudi Arabian changing jobs without the permission of their
woman on trial in a case filed by her father – employers, increasing their vulnerability to
also her legal guardian – for leaving her labour abuses and exploitation. During the
family home. Maryam al-Otaibi had actively COVID-19 pandemic, this situation –
participated in the campaign to end the alongside dire living conditions, scarce legal
guardianship system. It remained unclear protection and limited access to preventive
whether this signalled the authorities’ health care and treatment – put migrant
intention to end the criminalization of women workers in an even more vulnerable position
fleeing their homes without the permission of and at higher risk from COVID-19.
their guardian, which allowed male guardians From March onwards, thousands of
to initiate “absentees” cases against them. Ethiopian migrants, including pregnant
Women and girls continued to face women and children, were arbitrarily
discrimination in law and practice in relation detained in harsh conditions in at least five
to marriage, divorce and inheritance, and detention centres across the country.
remained inadequately protected from sexual Detainees said that they lacked adequate
and other forms of violence. Those who had food, water, health care, sanitation facilities
experienced domestic abuse continued to and clothes. Cells were severely overcrowded
need a male guardian’s permission to leave and prisoners could not go outside. The
shelters. specific needs of pregnant and lactating
women were not addressed. Newborn
RIGHTS OF LESBIAN, GAY, BISEXUAL, babies, infants and teenagers were detained
TRANSGENDER AND INTERSEX (LGBTI) in the same dire conditions as adults.4
PEOPLE While it was difficult to establish the scale
“Homosexuality” remained prohibited in of deaths in detention and corroborate all
Saudi Arabia, punishable by flogging and such allegations, detainees interviewed said
imprisonment. that they had seen seven bodies of inmates.
In July, Yemeni LGBTI rights defender Three women said they had had contact with
Mohamed al-Bokari was sentenced to 10 a female detainee whose baby had died in
months in prison followed by deportation to detention. Eight detainees said they had
Yemen for charges related to violating public experienced and witnessed beatings by
morality, promoting homosexuality online and guards and two reported that guards had
imitating women. He was arrested after he administered electric shocks as punishment.

312 Amnesty International Report 2020/21


In January, a man died in police custody in
1. Saudi Arabia: Prisoner of conscience Dr Abdullah al-Hamid dies while
the city of Fatick after he was allegedly
in detention (Press release, 24 April)
beaten by police. An autopsy, which found he
2. Saudi Arabia: Muzzling critical voices – Politicized trials before Saudi
Arabia’s Specialized Criminal Court (MDE 23/1633/2020)
had died from “natural causes”, led to violent
protests. The authorities then began an
3. Saudi Arabia: Review of young men’s death sentences overdue step
towards justice (Press release, 27 August) investigation into three police officers
suspected of being responsible.
4. Saudi Arabia: “This is worse than COVID-19”: Ethiopians abandoned
and abused in Saudi prisons (MDE 23/3125/2020) In May, the gendarmerie tear gassed a
youth press conference, in the town of Cap
Skirring, called to highlight the lack of
SENEGAL drinking water in the town. At least two
participants were seriously injured.
In June, four protesters were injured when
Republic of Senegal
Head of state and government: Macky Sall police violently dispersed them while they
were demonstrating against the 2013
demolition of their homes in Gadaye suburb
The Criminal Code was amended to in the capital, Dakar.
increase sentences for perpetrators of rape
and child sexual abuse. Police used FREEDOMS OF EXPRESSION AND
excessive force. Detainees protested against ASSEMBLY
poor health conditions and health workers In June, police arrested Assane Diouf after he
threatened strikes over inadequate criticized the government in a live video
resources. Communities were at risk of discussion. He remained in detention on
forcible eviction. There was a resurgence of charges including inciting an armed
violence in the Casamance conflict. gathering and issuing public insults online.
In August, members of Dahiratoul
BACKGROUND Moustarchidine wal Moustarchidati, a
In January, the Criminal Code was amended, religious organization, ransacked Les Échos
criminalizing rape and child sexual abuse newspaper’s office after it alleged that the
and increasing sentences for both. organization’s leader had contracted
In response to the COVID-19 pandemic, COVID-19. Six suspects were arrested for the
the government introduced state of attack.
emergency legislation in March, giving them In September, Adja Ndiaye, a journalist
extensive powers to rule without working for Dakaractu was verbally abused
parliamentary oversight. Most of the and assaulted by police agents in Dakar,
restrictive measures, including a national while reporting on a story. She suffered
curfew, were lifted in June. injuries to her neck and back from the
The ruling party, opposition and civil assault and her camera was also damaged.
society organizations came together under
the Political Commission of National Dialogue RIGHT TO HEALTH
to discuss reforms related to the rights to Health workers
freedom of expression and peaceful In June, the doctors’ union SAMES
assembly. threatened strike action over the inadequate
Violence resurfaced in Casamance with provision of PPE and other resources to
several attacks against military positions, and manage the COVID-19 pandemic, and
targeted killings. frontline doctors threatened to strike over
unpaid salaries and poor working conditions.
EXCESSIVE USE OF FORCE
Security forces used excessive force to
maintain public order.

Amnesty International Report 2020/21 313


Prison conditions FORCED EVICTIONS
Detention facilities were overcrowded and Rural communities in the Thiès region
health risks to inmates were exacerbated by continued to challenge the threat of forced
COVID-19. By October, there were 10,804 eviction as agricultural and petrochemical
detainees of which 5,052 were in pre-trial companies encroached on their land. A
detention. Between March and September, farming community in the village of Ndingler,
the government released 3,731 prisoners in near Mbour city, lost 0.75 square kilometers
response to the COVID-19 pandemic. of communal land to an agri-business
The death of two detainees from COVID-19 project. In July, the authorities brokered a
in Thiès prison led to hunger strikes by truce, allowing farmers limited access to their
inmates calling for mass testing. At least six land.
people died apparently due to poor detention The villagers of Tobène accused a
conditions while in police custody and in petrochemical company of polluting their
Thiès and Diourbel prisons. farmlands and challenged the government’s
decision to allocate an additional 6 hectares
RIGHTS OF LESBIAN, GAY, BISEXUAL, of farming land to the company. The
TRANSGENDER AND INTERSEX (LGBTI) residents protested the company’s
PEOPLE compensation offer of XOF9 million
LGBTI activists were subjected to smear (US$16,110). In August, demonstrations
campaigns and death threats. Under the turned violent and the gendarmerie arrested
Criminal Code, same-sex sexual relations 22 residents, including the activist Ardo
were punishable by up to five years’ Gningue, who said he was tortured and
imprisonment. In October, 25 men and boys otherwise ill-treated during detention in
were arrested at a private party in Dakar and Tivaouane.
charged with “unnatural acts” and detained.
On 6 November, a court in Dakar sentenced ABUSES BY ARMED GROUPS
two of the men indicted to six-months and There was a resurgence of violence in
five men to three-months in prison. The rest, Casamance. In August, Hamidou Diémé, a
including those who were under-age, were former combatant of the Movement of
acquitted. Democratic Forces of Casamance armed
group, was killed in Diégoune in the
CHILDREN’S RIGHTS Ziguinchor region, by unidentified gunmen.
A draft law to regulate Qur’anic schools No one had been brought to justice for the
awaited parliamentary approval. Twelve attack by the end of the year.
Qur’anic students were reportedly tortured
and otherwise ill-treated by their teachers. In
February, a 13-year-old boy was beaten to
death by his teacher in Louga city. In March,
SERBIA
the Dakar Criminal Court sentenced a Republic of Serbia
Qur’anic teacher to 10 years’ imprisonment Head of state: Aleksandar Vučić
for “assault and battery of an individual Head of government: Ana Brnabjić
under 13”; another staff member was
sentenced to five years’ imprisonment for Serbia failed to indict any former senior
failing to assist the victim. police or military commanders for war
In response to the COVID-19 pandemic, crimes and resolution of the fate of missing
the government said it had taken 2,015 persons stalled. Protesters and journalists
children off the streets, returned 1,424 of were seriously injured in the capital,
them to their families and placed the rest in Belgrade, when police used excessive force.
government centres. Few refugees gained access to asylum.

314 Amnesty International Report 2020/21


Protections against domestic violence required a higher percentage of bodily injury,
remained inadequate. only applied to those injured in Serbia and
discriminated between physical and
BACKGROUND psychological damage. An estimated 15,000
With an increasingly repressive President, people, including relatives of the missing and
and no viable opposition, the Serbian survivors of sexual violence, still had no right
government controlled both police and to reparation.
judiciary, weakening the rule of law, eroding
political and civil rights and enabling Enforced disappearances
widespread corruption. Impunity persisted for those responsible for
In March, state of emergency COVID-19 the transfer of bodies of over 900 Kosovo-
legislation introduced a 5pm to 5am curfew Albanians from Kosovo to Serbia in 1999.
and other restrictive measures; armed forces The UN Special Rapporteur on extrajudicial
patrolled Belgrade and other cities to enforce executions urged Serbia to prosecute senior
public health measures.1 People who violated police officials suspected of murdering the
unclear self-isolation regulations were three US-Albanian Bytici brothers, whose
sentenced to up to three years' remains were recovered from a police
imprisonment. Measures were lifted in May training ground in 2001. In November,
for election campaigning and reimposed in human remains, believed to be Kosovo
June, triggering mass demonstrations. Albanians, were discovered in a quarry in
There was little progress in normalizing Kizevak.
Serbia-Kosovo relations in EU-facilitated
talks. EXCESSIVE USE OF FORCE
Over 70 people were seriously injured and
RIGHT TO TRUTH, JUSTICE AND 223 arrested during several days of
REPARATION demonstrations in July following the
No progress was made towards implementing President’s ban on public gatherings and
the national war crimes strategy, opening proposed weekend curfew. Although right-
investigations into the backlog of more than wing activists invaded the Parliament, most
2,500 war crimes cases, or indicting senior protesters were peaceful. However, police
police or military officials for command fired tear gas and stun grenades
responsibility. Seven indictments were raised, indiscriminately, and protesters and
and five first instance decisions were bystanders alike were charged by mounted
delivered. Prosecutions of low-level police or beaten. Four journalists were
perpetrators in cases transferred from Bosnia seriously injured by police in separate
and Herzegovina (BiH) were extremely slow. incidents across the country, including Žikica
Proceedings against 10 men related to the Stevanović who was hospitalized with head
Srebrenica genocide continued to be delayed injuries, despite showing his press card. A
by absences of the accused. In January, joint NGO report documenting 13 allegations
proceedings opened against a Bosnian Serb of ill-treatment was sent in July to the UN
police officer, charged with raping a Bosniak Special Rapporteur on torture. No police
woman in August 1992. officers had been prosecuted by the end of
At the International Criminal Tribunal for the year.
the former Yugoslavia, the retrial continued of
former Serbian State Security officials Jovica DISCRIMINATION
Stanišić and Franko Simatović for “ethnic Discrimination persisted against ethnic
cleansing” in Croatia and BiH. minorities, and anti-migrant protests and
New legislation providing reparation to attacks increased. The Equality
victims of war discriminated against civilian Commissioner reported an increase in hate
victims. A series of cumulative conditions speech during the state of emergency; her

Amnesty International Report 2020/21 315


mandate expired in May, rendering the claim asylum, only 118 applied; by 30
institution unable to function effectively until November, 16 had received asylum and 18
her re-election in November. subsidiary protection.
Pushbacks into Serbia from EU member
FREEDOM OF EXPRESSION states, and from Serbia to neighbouring
Physical attacks, intimidation and political countries, continued. In April, 16 men,
slurs on social media against media workers believing they were being moved to another
continued. In April, journalist Ana Lalić was temporary reception centre due to COVID-19,
arrested for “causing panic” when were driven by police to the southern border
investigating conditions in hospitals; staff and forced at gunpoint to walk into North
were prohibited from providing Macedonia.
“unauthorized” information. Journalists were
briefly excluded from government press VIOLENCE AGAINST WOMEN
conferences, ostensibly for health reasons. In April, the NGO Autonomous Women’s
In July, the Finance Ministry targeted Center reported a threefold increase in
individuals, investigative journalists and 37 contacts from women during the curfew.
human rights NGOs in demanding bank Many described the intensification of
account details under a law used to psychological, economic or physical violence,
investigate terrorist financing and money and their fear of reporting violence to the
laundering. authorities without access to protection. At
least 22 women were killed by a partner or
RIGHT TO HOUSING AND FORCED family member before 25 November.
EVICTIONS
In June, the Belgrade Court of Appeal
1. Policing the pandemic: Human rights violations in the enforcement of
awarded €2,600 compensation each to two COVID-19 measures in Europe (EUR 01/2511/2020)
Roma families who were unlawfully evicted
from their homes in Belvil, Belgrade, in 2012
and bussed to a derelict warehouse in Niš.
Violating legal protections against eviction,
SIERRA LEONE
Belgrade authorities paid Roma residents at
Republic of Sierra Leone
Resnik €19,000 “compensation” to leave the
Head of state and government: Julius Maada Bio
settlement in December.

RIGHTS OF REFUGEES, ASYLUM- Security forces used excessive force against


SEEKERS AND MIGRANTS protesters. Provisions of the Public Order
Between January and November, 24,180 Act (POA) used to criminalize freedom of
refugees and migrants arrived in Serbia. expression were repealed. The ban on
Asylum claims were suspended until May as pregnant girls attending school and sitting
refugees and migrants in overcrowded exams was lifted. Discrimination against
asylum reception centres were placed under women and LGBTI people persisted and
mandatory quarantine controlled by the sexual violence against women and girls
military. Support staff and NGOs were denied remained widespread. Health workers and
entry, although preventative health measures prisoners were at particular risk from
were not implemented. In May, a government COVID-19.
order restricting exit from asylum centres was
successfully challenged by NGOs, but in BACKGROUND
October refugees’ freedom of movement was The political tensions between the ruling
again limited. Sierra Leone People's Party and the All
The asylum process remained inadequate: People's Congress (APC), the main
of 2,639 refugees registering an intention to opposition party, persisted. Measures taken

316 Amnesty International Report 2020/21


to fight the COVID-19 pandemic led to NGOs called for an independent investigation
violations of economic, social, civil and into the incident.
political rights. Between 17 and 18 July, security forces
used excessive force against protesters at a
FREEDOM OF EXPRESSION demonstration, which turned violent in
In May, Sylvia Blyden, publisher of the Makeni, a city in the Northern Province.
Awareness Times newspaper and a leading According to NGO reports, six protesters were
APC member, was arrested and charged killed in the demonstration against the
with, among other things, seditious and government’s decision to relocate an
defamatory libel, conspiracy to pervert the electricity power generator to another town.
course of justice and publication of false
news for alleging, on social media, that WOMEN AND GIRLS’ RIGHTS
former Defence Minister Alfred Paolo Conteh Sexual violence continued unabated. The
had been ill-treated in detention. Her case Rainbo Initiative NGO said it received over
was brought on the same charges before a 1,000 reports of sexual assault between
magistrate court and the High Court. In July, January and May. Survivors of sexual violence
the High Court dismissed the charges against continued to struggle to access justice, health
her on the basis of insufficient evidence. care, legal aid and counselling. In July, the
In July, Parliament repealed Part V of the first Sexual Offences Model Court was
1965 POA, used to prosecute people on established to expedite sexual offences-
defamation and sedition charges for related trials and reduce the backlog of
exercising their right to freedom of cases. A one-stop centre for sexual violence
expression. Consequently, all charges against survivors was established, providing
Sylvia Blyden before the magistrate court psychosocial support and treatment.
were dropped in November. On 30 March, the Ministry of Basic and
On 9 December, 17 environmental and Senior Secondary Education announced with
land rights activists, members of the Malen immediate effect the lifting of the ban on
Affected Land Owners Association, were pregnant girls attending school and sitting
discharged after a prolonged trial which exams. In 2019, the ECOWAS Court of
followed their arrest in early 2019 after a land Justice had ruled that the ban should be
rights demonstration. revoked.
In December, the President launched the
EXCESSIVE USE OF FORCE first Gender Equality and Women’s
Concerns about public order management by Empowerment Policy, partly to normalize the
the security forces continued. gender balance within the political process.
In April, during the lockdown period
imposed to control the spread of COVID-19, RIGHTS OF LESBIAN, GAY, BISEXUAL,
there were multiple allegations of police TRANSGENDER AND INTERSEX (LGBTI)
brutality on social media, notably against PEOPLE
those who went out for essentials like food Male consensual same-sex sexual relations
and water. remained a criminal offence under the
According to the Freetown Correctional Offences Against the Person Act, carrying a
Centre’s July report, 30 prisoners and one maximum penalty of life imprisonment.
correction officer were killed, and dozens of LGBTI people continued to suffer
people injured during a riot at the Pademba discrimination and stigmatization.
Road prison in the capital, Freetown, on 29
April. The prisoners were protesting against RIGHT TO HEALTH
overcrowding and COVID-19 restrictions. The Health workers
report concluded that the military used In April, the government pledged that health
reasonable force to control the riot while workers’ wages would reflect the risks to their

Amnesty International Report 2020/21 317


health posed by COVID-19. According to The rights to freedom of expression and
UNICEF, health workers accounted for 10.2% peaceful assembly were further curtailed,
of all COVID-19 cases as of July. On 2 July, including via the use of a “fake news” law.
doctors stopped treating COVID-19 patients
because they had not received compensation BACKGROUND
or PPE. On 28 July, the government In July, the People’s Action Party retained
announced that health workers would benefit power in general elections with a reduced
from a health insurance scheme, and that majority. The country was placed under strict
families of health workers who died of lockdown from April to June, in response to
COVID-19 would be financially compensated. the COVID-19 pandemic.

Prison conditions FREEDOM OF EXPRESSION


Detention facilities were chronically Throughout the year, directives under the
overcrowded and the health risks to inmates Protection from Online Falsehoods and
were exacerbated by the outbreak of the Manipulation Act (POFMA) – a so-called
COVID-19 pandemic. On 27 April, the “fake news” law – were issued against
President announced that 235 prisoners government critics. In January, authorities
nationwide would be pardoned to ease claimed it was a “coincidence” that the first
overcrowding and reduce the risk of cases under POFMA involved political
COVID-19 infection. The decision was opponents. In February, Facebook expressed
delayed following the prison riot in April two concerns over being forced to block a news
days later, but on 21 July, 153 inmates were site page under POFMA.1 Independent media
released. outlets, including The Online Citizen (TOC)
and New Naratif, were repeatedly hit with
RIGHT TO A FAIR TRIAL POFMA orders. In September, the Court of
On 19 March, former minister Alfred Paolo Appeal reserved judgement on the first legal
Conteh was arrested after he entered the challenges to POFMA.
State House in Freetown carrying a gun. Two
others were also arrested for the incident. MIGRANT WORKERS
They were detained at Pademba Road prison In April over 300,000 migrant workers were
but on 29 April, following the riot there, they quarantined in overcrowded dormitories due
were transferred to an unknown location to the COVID-19 pandemic. Almost all of
without access to their lawyers for several Singapore’s cases of infection were among
days. In July, Alfred Paolo Conteh was migrant workers. Heavy restrictions on their
acquitted of treason but convicted on two movement remained at the end of the year.
charges of possession of arms and sentenced In September the acquittal of a domestic
to 24 months’ imprisonment by the High worker accused of theft from her employer
Court in Freetown. His appeal against the drew attention to access to justice and
conviction remained pending at the end of inequality for migrant workers.
the year.
HUMAN RIGHTS DEFENDERS
In March, police investigated human rights
SINGAPORE lawyer M Ravi and TOC editor Terry Xu for
contempt of court under the Administration
Republic of Singapore of Justice (Protection) Act. The investigation
Head of state: Halimah Yacob followed the publication of articles on TOC’s
Head of government : Lee Hsien Loong website regarding Mohan Rajangam, a
Singaporean who challenged his extradition
to Malaysia in 2015.

318 Amnesty International Report 2020/21


Also in March, the Court of Appeal upheld
the conviction of human rights defender
Jolovan Wham for a Facebook post allegedly
SLOVAKIA
“scandalising the judiciary” in 2018. Wham Slovak Republic
served one week in jail.2 In August, Wham Head of state: Zuzana Čaputová
spent 10 days in jail for organizing a 2016 Head of government: Igor Matovič (replaced Peter
event at which Hong Kong activist Joshua Pellegrini in March)
Wong spoke. In September, media outlet New
Naratif and editor PJ Thum faced police Discrimination against Roma remained
investigation for the publication of paid prevalent. The European Court of Human
advertisements on Facebook during the July Rights found in favour of two Roma victims
elections. In November, Jolovan Wham was of police ill-treatment. A bill restricting
charged with “illegal assembly” after posing access to abortion was rejected by
on his own for a photo with a smiley face parliament.
earlier in the year.3
BACKGROUND
LESBIAN, GAY, BISEXUAL, Parliamentary elections on 29 February
TRANSGENDER AND INTERSEX (LGBTI) resulted in a new government led by Igor
PEOPLE Matovič, who was elected on an anti-
Laws continued to discriminate against corruption platform.
LGBTI people. A constitutional challenge to In response to the COVID-19 pandemic,
the law criminalizing consensual sexual the government declared a state of
relations between men was dismissed by the emergency in March and implemented a
High Court. wide range of measures to stop the spread of
the virus.
DEATH PENALTY In April, a former soldier was convicted of
Death sentences continued to be imposed, the 2018 murder of investigative journalist
including for drug trafficking. In May, during Ján Kuciak and his fiancée Martina
the COVID-19 pandemic, a man was Kušnírová, whose deaths sparked widespread
sentenced to death in a hearing held online, protests. In September, a court acquitted
sparking international attention.4 businessman Marián Kočner, who had been
  accused of ordering the murder. The
  journalist had been investigating allegations
of corruption, including in relation to the
business activities of Marián Kočner.
1. Singapore: Social media companies forced to cooperate with abusive
fake news law (News story, 19 February)
2. Singapore: Drop investigations under abusive contempt of court law
DISCRIMINATION – ROMA
(Public statement, 25 March) Anti-Roma prejudice and discrimination
3. Singapore: Drop charges against peaceful activist (Public statement, remained prevalent as Roma communities
27 November) were stigmatized as a public health threat
4. Singapore: Man sentenced to death on Zoom call (News story, 20 during the COVID-19 pandemic.
May) The authorities targeted Roma settlements
with disproportionate and discriminatory
measures in response to the COVID-19
virus.1 In April, the authorities tested
residents of some Roma settlements for
COVID-19 with the assistance of the army
and ordered the mandatory quarantine of five
Roma settlements on the grounds of public
health. The legal basis for these mandatory

Amnesty International Report 2020/21 319


quarantines, enforced by the police and investigate alleged discrimination in the
army, was unclear, raising concerns of planning of the operation.
arbitrary detention. Residents were not
promptly informed of the duration and RIGHTS OF WOMEN AND GIRLS
conditions of the quarantine. Inadequate Violations of women’s rights, often under the
access to water and sanitation in informal guise of protecting religious or traditional
Roma settlements and a lack of adequate values, increased.
alternative accommodation are long-standing Although Slovakia remains a signatory to
problems that were not sufficiently addressed the Convention on preventing and combating
by authorities in their response to COVID-19, violence against women and domestic
making compliance by the community with violence, parliament has refused to ratify it
public health recommendations much more and in February voted to reject the
difficult. Convention altogether. Organizations working
In July, the Ministry of Education wrote to on violence against women reported an
the European Commission regarding ongoing increase in domestic violence following the
infringement proceedings against Slovakia for outbreak of the COVID-19 pandemic.
systemic discrimination and segregation of The Public Defender of Human Rights
Roma children in schools. In the letter, the expressed concerns regarding women’s
government acknowledged the existence of access to safe and timely sexual and
racial segregation in education in Slovakia reproductive health care during the
and set out a series of measures, including pandemic. Some health care providers
the preparation of a legal definition of suspended abortions, referring to a
segregation. government requirement to postpone non-
essential operations in response to
EXCESSIVE USE OF FORCE COVID-19.
Complaints of excessive use of force and ill- In October, parliament rejected a bill that
treatment by police against Roma continued. would have imposed new barriers on access
In May, the Ministry of Interior opened an to abortion, and thereby endangered the
investigation into allegations that a police health and wellbeing of women and girls.
officer beat five Roma children who had
briefly left an area under mandatory
1. Stigmatizing quarantines of Roma settlements in Slovakia and
quarantine in the village of Krompachy. Bulgaria (EUR 01/2156/2020)
In January, the European Court of Human
Rights (ECtHR) ruled in A.P. v. Slovakia in
favour of a Roma boy who was subjected to
ill-treatment by police in 2015 and criticized
SLOVENIA
the authorities’ failure to effectively
Republic of Slovenia
investigate his complaint. In March, the
Head of state: Borut Pahor
ECtHR formally requested a response from Head of government: Janez Janša (replaced Marjan
Slovakia regarding the alleged ill-treatment of Šarec in March)
six Roma boys in a police station in the city of
Košice in 2009 (M.B. & Others v. Slovakia).
In September, the ECtHR ruled in R.R. Asylum-seekers were denied access to
& R.D. v. Slovakia that two Roma residents of asylum; refugees and migrants were forcibly
the settlement of Moldava nad Bodvou had returned to Croatia. The COVID-19
been subjected to inhuman treatment during pandemic severely affected care home
a police operation in June 2013 in which over residents who accounted for most deaths.
30 people had been injured. The ECtHR also Freedom of peaceful assembly was under
found that the authorities had violated the threat.
prohibition on discrimination by failing to

320 Amnesty International Report 2020/21


proposed to remove use of force as a
RIGHTS OF REFUGEES AND ASYLUM- condition for the commission of offence.
SEEKERS However, the proposal does not fully rely on
Asylum-seekers irregularly entering the the absence of consent.
country continued to be denied access to
asylum and were forcibly returned, frequently RIGHT TO HEALTH
in groups, to neighbouring Croatia. Such The COVID-19 pandemic severely affected
collective expulsions were against the care home residents, accounting for almost
principle of non-refoulement, which prohibits 60% of all COVID-19 deaths. The Ministry of
states from returning individuals to a country Health was criticized during the first wave
where there is real risk of serious human over deciding not to hospitalize care home
rights violations. In November, the residents and instead rely on an advance
Ombudsman’s Office criticized the treatment medical assessment, allegedly conducted in
of hundreds of asylum-seekers by the the care home without patients’ knowledge or
authorities. The asylum-seekers were consent, and which may have deprived some
detained under inhumane conditions in the people of hospital care. Instead, care homes
Centre for Foreigners in Postojna, some had to set up their own isolation units which
before being deported to Croatia. There were lacked space, technical equipment and
reports of widespread violence and abuse by trained staff. Consequently, they did not
Croatian police. adequately protect patients while risking
The Administrative Court ruled in exposing other residents and staff to
December that the authorities violated the infection.
right of a Cameroonian national to seek In August, the Ministry of Health
asylum when he was deported without announced new draft legislation on long-term
procedure to Croatia and subsequently to care for older people to address the issue of
Bosnia and Herzegovina. The Court found insufficient accommodation and care
the authorities ignored the man’s asylum capacities for the growing elderly population.
request and failed to provide translation, legal
assistance or to assess the risk of DISCRIMINATION
refoulement, in violation of domestic and EU Roma continued to face widespread
law. discrimination, high levels of unemployment
In August, the Supreme Court ruled that and social exclusion. Many continued living
the accelerated returns of irregularly entering in segregated settlements in inadequate
migrants and asylum-seekers to Croatia, housing, lacking security of tenure and
based on a bilateral agreement between the access to adequate water, electricity,
two countries from 2006, were lawful. The sanitation and public transport.
case was referred to the Constitutional Court. In March, the European Court of Human
In December, the government proposed to Rights, in a majority decision which largely
Parliament changes to the Law on Foreigners ignored the practical obstacles faced by
and the Law on International Protection Roma living in informal settlements to access
which would further restrict asylum-seekers’, basic services, ruled that Slovenia did not
refugees’ and migrants’ access to protection. violate the rights of two Roma families by
failing to ensure access to water and
VIOLENCE AGAINST WOMEN AND GIRLS sanitation.1 The families claimed their
The definition of rape in the Criminal Code communities were consistently denied access
remained based on the use of force, threat of to a public water supply based on living in
force or coercion, rather than consent, informal settlements. The ruling became final
contrary to international human rights law in September after a referral to the Court’s
and standards. As part of a wider reform of Grand Chamber was rejected.
the Criminal Code, the Ministry of Justice

Amnesty International Report 2020/21 321


All parties to the conflict continued to
FREEDOMS OF ASSEMBLY, ASSOCIATION commit serious violations of international
AND EXPRESSION humanitarian law with impunity.
During anti-government demonstrations Heightened political tensions between
between May and December, police federal and regional authorities ahead of the
conducted random identity checks, detained 2020/2021 elections prevented the
and fined peaceful protesters simply for implementation of necessary judicial,
carrying anti-government placards and constitutional and human rights reforms.
subjected them to legal proceedings. In
November, the authorities considerably INDISCRIMINATE ATTACKS
increased fines for organizing and USAFRICOM (the US military’s command
participating in public gatherings in defiance responsible for military operations in Africa)
of a blanket ban, which was in place continued to use drones and manned
intermittently throughout the year. aircrafts to carry out at least 53 airstrikes.1
On 2 February, a US airstrike targeted a
house in Jilib in the Middle Shabelle region.
1. Slovenia: ECHR judgment is a blow to Roma communities (Press
release, 10 March) Nurto Kusow Omar, an 18-year-old woman,
died from a shrapnel wound to the head. Her
sisters, aged seven and 12, and their 70-
SOMALIA year-old grandmother were injured.
On 24 February, a Hellfire missile from
another US airstrike killed Mohamud Salad
Federal Republic of Somalia
Mohamud at his farm near Kumbareere
Head of state: Mohamed Abdullahi Mohamed
(Farmaajo) village on the outskirts of Jilib. During the
Head of government: Mohamed Hussein Roble year, USAFRICOM admitted responsibility for
(replaced Hassan Ali Khayre in September) killing three civilians and injuring eight others
in three separate airstrikes in 2019 and
Indiscriminate attacks against civilians and 2020. Although USAFRICOM acknowledged
civilian targets continued. Freedom of responsibility for the 2 February killing of
expression was suppressed; journalists were Nurto Kusow Omar and the injuring of her
threatened, harassed, intimidated, beaten, two sisters and grandmother, it maintained
subjected to arbitrary arrests and killed. that Mohamud Salad Mohamud was an Al-
Women and girls continued to be subjected Shabaab operative, despite significant
to sexual violence. Internally displaced evidence suggesting he was a civilian. None
people were disproportionately impacted by of the victims were compensated by the US
the COVID-19 pandemic, and faced forced or Somali governments.
evictions. In Somaliland, government critics In April, July and November, USAFRICOM
and journalists were censored, harassed and issued its first civilian casualty assessment
prosecuted, and attacks on media houses reports. It also established an online civilian
continued. casualty reporting portal, which allowed
people with internet access to report
BACKGROUND allegations of civilian casualties. However,
The ongoing conflict between the government there was a need for further safe and
and its regional and international partners on accessible mechanisms to ensure
one side, and the armed group Al-Shabaab accountability for such attacks, which
on the other, combined with a series of constitute war crimes when they target
natural disasters and the COVID-19 civilians or civilian objects.
pandemic, had a devastating impact on the
civilian population, causing further food
insecurity and mass displacement.

322 Amnesty International Report 2020/21


occasionally denying journalists access to
ABUSES BY ARMED GROUPS government buildings, major events and
Al-Shabaab continued to enjoy impunity for scenes of incidents such as Al-Shabaab
frequent and indiscriminate attacks targeting attack scenes. Journalists were also denied
civilians and civilian infrastructure, including interviews with senior government officials.
restaurants and hotels. It also carried out Authorities also failed to effectively investigate
targeted killings of those it perceived to have reports of attacks against journalists.
links with the government and other people, In February, Abdiwali Ali Hassan, a
including journalists. According to the UN, freelance journalist, was shot several times by
Al-Shabaab was responsible for 207 out of unknown assailants suspected to be Al-
the 596 civilian casualties it had recorded Shabaab members, near his home in
between early February and early August. Afgooye, Lower Shabelle region. He died on
On 16 August, Al-Shabaab attacked the his way to hospital. In May, Said Yusuf Ali, a
popular seaside Elite Hotel in Mogadishu, Kalsan TV journalist, was stabbed to death in
detonating a car bomb and indiscriminately Mogadishu by a lone attacker. Media reports
firing at residents and staff inside the hotel. suggested the killing was linked to his
At least 11 people were killed and 18 injured. coverage of Al-Shabaab activities.
In March, Mohamed Abdiwahab Nur
UNLAWFUL KILLINGS (known as Abuja), an editor for Radio Hiigsi,
In April, a police officer shot dead two people was arbitrarily arrested for the second time in
in Mogadishu because they were outside eight days. He was detained incommunicado
their homes during the night-time curfew, by the National Intelligence and Security
introduced to control the spread of Agency (NISA) without access to his lawyers
COVID-19. After protesters took to the streets or family for almost three months. His
calling for justice for the victims, the lawyers, other journalists and his family
authorities arrested a police officer in believed he was held for criticizing the
connection with the killings. He was security forces’ conduct in Mogadishu. On 7
sentenced to death in July by a military court June he was secretly taken to a military court,
in Mogadishu. which ordered his transfer to Mogadishu
On 27 May, eight health workers, including Central Prison where he was finally allowed to
seven who worked at a mother and child see one of his lawyers the following day. He
clinic in the village of Gololey in the Middle remained there for a further two months. The
Shabelle region, were abducted and killed by authorities said he was detained while they
unidentified armed men dressed in Somali investigated his alleged Al-Shabaab
military and police uniforms. On 28 May, the membership and involvement in a murder. In
then President of Hirshabelle state appointed August he was acquitted by a military court of
a seven-person committee to investigate the all charges.3
incident. The outcome of the investigation On 2 April, the NISA used Twitter to
had not been made public by the end of the intimidate and harass Harun Maruf, a
year. Washington DC-based Somali journalist with
the Voice of America. The Twitter posts
FREEDOM OF EXPRESSION threatened him with legal action for having
Journalists “links that threatened national security” and
Two journalists were killed during the year. for “engaging with actions outside the media
Journalists were also threatened, harassed, code of conduct.” On 23 April, the NISA
intimidated, beaten and arbitrarily arrested announced it had concluded its
and prosecuted by the police, military and investigations against the journalist and
other government officials throughout south- forwarded his case to the Attorney General.
central Somalia and Puntland.2 The In April police arrested Abdiaziz Ahmed
authorities restricted access to information by Gurbiye, editor and deputy director of the

Amnesty International Report 2020/21 323


independent Goobjoog Media. He was Farah in Mogadishu. Her attackers then
arrested for alleging on Facebook that the allegedly threw her to her death from a
government had mismanaged its response to building. The authorities said that during the
the COVID-19 pandemic, and that the month of September they had arrested at
President had taken a ventilator which had least 11 suspects in relation to the case.
been donated to a local hospital. On 29 July, In August, despite the authorities’ pledge
he was sentenced to six months in prison by to strengthen laws to protect women and girls
the Banadir Regional Court in Mogadishu, from sexual violence, the Federal Parliament
but released the same day after paying a fine. introduced the Sexual Intercourse Related
In May, the President said he was Crimes Bill which contained provisions that
committed to “decriminalizing journalism and breached international law and regional
reviewing the Penal Code”, under which standards regarding rape and other forms of
journalists frequently faced prosecution, and sexual violence. It also contained flawed
to respecting the right to freedom of definitions of offences, and failed to provide
expression. However, journalists continued to survivors of rape and other forms of sexual
be prosecuted. violence with adequate protection.
In August, the President approved
amendments to the 2016 Media Law. INTERNALLY DISPLACED PEOPLE
Although it contained provisions on The prolonged conflict, droughts, floods and
protection and promotion of the right to a locust invasion worsened the humanitarian
freedom of expression – including media crisis and resulted in the displacement of
freedom – and journalists’ right to safety and over 1.2 million people by November, in
security and access to information, other addition to the nearly 2.6 million already
provisions threatened these rights. For displaced in the country.
example, it criminalized the reporting of a Internally displaced people (IPDs) were
wide range of issues and gave the authorities disproportionately affected by the COVID-19
broad and sweeping powers to regulate and pandemic, and were forced to live in severely
monitor the media. overcrowded conditions. Many of them
In September, the Attorney General earned an income from the informal
established a Special Prosecutor to address economy, but COVID-19-related restrictions
crimes against journalists. prevented them from earning a living and
meeting basic needs, like water, food and
VIOLENCE AGAINST WOMEN AND GIRLS sanitary items.4
Security forces and private landowners
Sexual violence against women and girls was continued to evict IDPs, despite the
widespread in south-central Somalia and in pandemic. According to the UN Office for the
Puntland. Attacks often went unreported due Coordination of Humanitarian Affairs, over
to the climate of impunity, as well as the 100,000 IDPs had been evicted from their
stigma and fear associated with the crime, homes by September, most of them forcibly
which prevented many survivors from and with no alternative accommodation
seeking justice. offered. They faced difficulty finding housing,
The UN documented 45 incidents of and some lived in the open where they were
conflict-related sexual violence against four exposed to additional health risks during the
women and 41 girls between May and pandemic.
August, mostly by unidentified armed men.
In April, two girls, aged three and four, FREEDOM OF EXPRESSION IN
were raped near Afgooye and left in a nearby SOMALILAND
field with serious injuries. In September, a Censorship, harassment and prosecution of
public outcry followed the alleged gang rape government critics and journalists, and
and murder of 19-year-old Hamdi Mohamed attacks on media houses continued. In June,

324 Amnesty International Report 2020/21


the Somaliland authorities arbitrarily closed violence soared. The asylum system failed
the independent Universal TV and Star TV those most in need; immigrants and other
stations. The Minister of Information ordered non-nationals were subjected to xenophobic
local television cable providers to remove the social media campaigns. COVID-19 put
two stations from their receivers and revoke health workers at particular risk of infection
their licences. Universal TV was targeted for due to the lack of PPE, while women’s
allegedly failing to broadcast Independence access to sexual and reproductive health
Day celebrations and events as demanded by services was restricted. Children faced
the authorities, and Star TV owners said they significant inequalities and hardship in the
were targeted for airing reports and analysis public education system. Millions of people
on the condition of a detained former air did not have access to safe drinking water;
force pilot, Fouad Youssouf Ali, in and lockdown placed an additional burden
neighbouring Djibouti. In August, the on women having to walk long distances for
Information Ministry issued arbitrary fines of water.
SOS127,500,000 (US$15,000) and
SOS42,500,000 (US$5,000) on Universal TV BACKGROUND
and Star TV respectively. Star TV paid the fine The President continued to take a lead in
and resumed operations, but Universal TV national and regional efforts to resolve
remained closed as of mid-December. political instability and address the need for
In June, Abdimalik Muse Oldon, a human rights reforms in Lesotho and
journalist, was released from Hargeisa Zimbabwe.
Central Prison after spending over a year in The Commission of Enquiry into State
prison for criticizing the President on Capture continued to hear testimonies in
Facebook. He had been arrested and relation to allegations of corruption and other
sentenced to three-and-a-half years in prison abuses of power known as “state capture”,
in 2019 and charged with “spreading anti- during former President Zuma’s rule. Jacob
national propaganda” and “disseminating Zuma was removed from office in 2018 by
false news”. He was released following a the African National Congress (ANC).
presidential pardon. On 15 March the President declared a
National State of Disaster in response to the
COVID-19 pandemic which, in turn, invoked
1. Somalia: Zero accountability as civilian deaths mount from US air
strikes (Press release, 1 April) the Disaster Management Act (2002). A
2. “We live in perpetual fear”: Violations and abuses of freedom of
national lockdown was imposed on 27 March
expression in Somalia (AFR 52/1442/2020) which threatened to undermine rights to
3. Somalia: Authorities must immediately release journalist Mohamed freedom of movement and association, and
Abdiwahab Nur (Abuja) (AFR 52/2649/2020) was eased in August.
4. Somalia: Internally displaced people surviving by “the grace of God” The President established a ministerial
amidst COVID-19 (Press release, 21 July) team to investigate allegations of corruption
connected to COVID-19-related
procurements, including PPE and food aid,
SOUTH AFRICA which was allegedly distributed by ANC-
aligned politicians in a way that favoured
Republic of South Africa certain communities.
Head of state and government: Matamela Cyril The pandemic forced several media
Ramaphosa houses to close, cut down on staff or cut
salaries due to the pandemic’s effect on
The use by security forces of excessive and advertising revenue.
lethal force increased during the COVID-19
lockdown. At least 115 people died in
police custody. Incidents of gender-based

Amnesty International Report 2020/21 325


city, after he was assaulted and brutally
EXCESSIVE USE OF FORCE beaten by members of the SANDF and the
In March, during lockdown, the authorities Johannesburg Metropolitan Police
deployed around 76,000 officers of the South Department. Collins Khosa’s attackers
African National Defence Force (SANDF) and claimed he had violated lockdown rules when
police officers onto the streets to enforce they found a half-consumed glass of beer in
lockdown restrictions. Widespread reports of his yard. The authorities had banned alcohol
their use of excessive, and sometimes during lockdown.2 On 19 August, the Military
unnecessary, lethal force against the Ombudsman found that SANDF officers
population quickly emerged. implicated in the killing had acted
The Independent Police Investigative “improperly”.
Directorate (IPID), an official oversight body, Between 29 August and 1 September, the
received 828 complaints of police IPID arrested three police officers and
misconduct between 25 March and 5 May. charged them with the murder of Nathaniel
They included 16 deaths in police custody; Julies, a 16-year-old disabled boy, on 26
32 deaths as a result of police action; eight August in Eldorado Park, south of
incidents of rape by police officers; 25 Johannesburg. He was allegedly shot by
reports of torture in custody; and 589 police officers after he refused to answer their
assaults. questions.
On 7 April, South African Police Service
(SAPS) officers fired rubber bullets at GENDER-BASED VIOLENCE
homeless people living in a camp at the Gender-based violence continued to soar and
Strandfontein sports grounds in Cape Town the rate was nearly five times higher than the
when they protested against their poor living global average. The President described the
conditions, including lack of food.1 increase as “a war” against women. Reports
In August, police fired rubber bullets and of rape and sexual assault increased by 1.7%
stun grenades at protesters who had in the first quarter of the year, with more than
gathered peacefully outside Parliament in 42,000 rapes reported in 2019-2020 and
Cape Town to mark the first anniversary of almost 144 sexual offences committed every
student Uyinene Mrwetyana’s murder and to day. Such violence increased during the
protest the soaring levels of gender-based lockdown period and within the first week,
violence. Eighteen protesters were arrested. police had received over 2,300 complaints.
Uyinene Mrwetyana had been raped and Twenty-one women were reportedly killed in
killed in Cape Town by a male post office June alone, including Tshegofatso Pule, a 28-
employee. year-old pregnant woman from Roodepoort
town, west of Johannesburg, who was found
hanging from a tree with multiple stab
Unlawful killings wounds. A man was charged with her murder
Elma Robyn Montsumi, a 39-year-old sex and he was awaiting trial at the end of the
worker, died in suspicious circumstances in year.
custody in Mowbray police station in Cape
Town, four days after being arrested on 9 SEXUAL AND REPRODUCTIVE RIGHTS
April on suspicion of possessing drugs. The During lockdown, medical and civil society
police claimed she had committed suicide organizations documented complaints
and the IPID said they were looking into the relating to the lack of availability of, or access
circumstances of her case. No one had been to, sexual and reproductive health services,
arrested in connection with the case by the including safe abortion.
end of the year.
Collins Khosa died on 10 April in
Alexandra, a township north of Johannesburg

326 Amnesty International Report 2020/21


SAPS officers in 2012 in Marikana, a mining
REFUGEES, ASYLUM-SEEKERS AND town in North West Province, were still
MIGRANTS waiting for justice and reparation including
The asylum system failed those who needed adequate compensation for their loss. The
it most and left asylum-seekers and migrants police had responded, using unnecessary
in limbo without legal status. The Refugees lethal force, to a strike at the Marikana mine,
Amendment Act came into force in January; owned by Lonmin Mine plc, near Rustenburg
many argued that it severely undermined the city in the North West province. More than 70
legal and human rights framework for people sustained serious injuries after the
refugees, as well as South Africa’s shooting, including permanent disability,
international obligations to protect refugees. causing some of them to lose their jobs.
During lockdown, the authorities’ failure to
abide by their constitutional and international RIGHT TO HEALTH
legal obligations towards refugees, asylum- By early August, at least 240 health workers
seekers and undocumented migrants was had died after contracting COVID-19.3 On 3
particularly marked. The government’s September, the National Education, Health
COVID-19 aid programmes and social relief and Allied Workers’ Union protested outside
arrangements were only available to people Parliament against the authorities’ failure to
with national identity documents. A legal meet their demands for adequate PPE, and
challenge brought by the Scalabrini Centre, a for fair pay to reflect the health risks arising
civil society organization, led to some asylum- from their exposure at work to COVID-19.
seekers and special-permit holders receiving Their situation was compounded when they
a six-month COVID-19 Social Relief of were denied an annual salary increase as a
Distress grant in June. Refugees, asylum- result of the weak economy and the bloated
seekers and migrants were unable – like civil service wage bill. In July, there was a
citizens – to work in the informal economy surge in COVID-19-related deaths among the
which had previously sustained them. Only population as a whole, and there were more
spaza shops owned by nationals were than half a million confirmed cases
allowed to operate during the period when nationwide. The surge in COVID-19 cases
lockdown was most strictly enforced. In and deaths accelerated in late December
August, the President announced his support during the holiday period.
for a 2019 initiative from the Department of
Small Business Development to develop RIGHT TO EDUCATION
legislation to restrict foreigners from working The public education system, one of the most
in some sections of the economy. unequal in the world, continued to be
A malicious Twitter campaign, characterized by decaying and dangerous
#PutSouthAfricaFirst, evoked a dangerous infrastructure, overcrowded classrooms and
xenophobic narrative in the COVID-19 poor educational outcomes that perpetuated
context, and targeted African migrants, inequality, particularly among those living in
accusing them of stealing jobs and draining poverty. More than 75% of nine-year-olds
public health resources. The media reported could not read properly; 50 to 60% got as far
that nationals damaged or looted 124 spaza as high school, and of those, only around 40
shops owned by foreigners, and other to 50% passed their matriculation, while just
businesses in Thokoza township, south of 14% went to university.4
Johannesburg, in September. Students attending underfunded schools
were forced to study in inadequate
RIGHT TO TRUTH, JUSTICE AND conditions; hygiene levels were poor and
REPARATION children had to use pit latrines which
At the end of the year, the families of 34 mine contravened health and safety legislation.5
workers, and 10 others unlawfully killed by

Amnesty International Report 2020/21 327


Educational inequality was further 3. Global: Amnesty analysis reveals over 7,000 health workers have died
from COVID-19 (Press release 3 September)
exacerbated when the pandemic led to
school closures and students in poorer 4. South Africa: Broken and unequal education perpetuating poverty
and inequality (Press release 11 February)
communities did not have access to remote
5. Broken and unequal: The state of education in South Africa (AFR
learning. Meanwhile, the government paused
53/1705/2020)
its national school feeding programme that
over 9 million learners had benefitted from.
The authorities failed to use the school
closures as an opportunity to improve school SOUTH KOREA
infrastructure. Children and staff who
returned to school in August did not have Republic of Korea
adequate water, sanitation or PPE, and Head of state and government: Moon Jae-in
teaching/learning conditions prevented them
from practising physical distancing. Women were subjected to violence and
Meanwhile, the government diverted funding abuse online and by public officials. LGBTI
which had been promised for the people faced discrimination in media
improvement of infrastructure in around reporting on the COVID-19 pandemic, in
2,000 schools to COVID-19-related projects. the military and in education. Logistics
companies did not provide adequate
RIGHT TO WATER protection for delivery workers who faced
According to the government’s National elevated health risks during the pandemic.
Water and Sanitation Master Plan, around
5.5 million households did not have access to BACKGROUND
safe and reliable drinking water as a result of National Assembly elections took place as
poor infrastructure management and a lack planned on 15 April, despite an earlier wave
of investment in water services. The of COVID-19 infections, with the Democratic
COVID-19 pandemic compounded problems Party winning the majority of seats. Inter-
accessing water and the associated health Korean relations deteriorated, as North Korea
risks arising from poor hygiene. For example, blamed the South Korean government for
people, particularly women, had longer failing to stop civil society groups formed by
distances to walk to find safe drinking water. North Koreans who had moved to the South
Women from QwaQwa region in the Free from sending politically themed leaflets into
State province, in the central eastern part of North Korea using balloons or drones.
the country, said their health suffered from
carrying heavy buckets of water over long VIOLENCE AGAINST WOMEN AND GIRLS
distances. Others relied on rainfall to get Pervasive online violence and abuse against
water and some were forced to break women and girls was revealed when the
lockdown regulations to get to neighbouring police arrested the main operators of the so-
villages, risking fines or arrest, only to find the called “Nth Room", which involved the
water was unfit for consumption. distribution of sexually exploitative videos
According to official information between through chatrooms in the Telegram
March and August, the Department of Water messaging app. The operators and other
and Sanitation delivered 18,678 water tanks perpetrators of similar “digital sex crimes”
to 158 municipalities and districts, and had blackmailed 1,000 women and girls,
407,665 households. mostly after luring them into providing
sexually exploitative photos or videos.
The government passed laws directed at
1. South Africa: Use of excessive force against protesters worrying
(Press release 9 April) the better protection of women and children
2. South Africa: Call for independent investigation into Collins Khosa’s
against sexual exploitation and abuse. In
death (Press release 11 June) April, the National Assembly passed law

328 Amnesty International Report 2020/21


revisions which increased punishment for In June, the Justice Party and five
digital sex crimes. The age of consent for members of the National Assembly from
sexual activity was raised from 13 to 16 other parties co-sponsored a bill towards a
without discrimination. A wider range of comprehensive anti-discrimination law, which
behaviours involving the possession or use of among other things prohibited discrimination
illegally produced sexually exploitative based on sexual orientation and gender
content was criminalized. The revisions identity.1 The bill was pending under the
removed the statute of limitations for crimes relevant committee of the National Assembly
involving the sexual exploitation of children. at year’s end. The NHRCK also made a
Multiple elected public officials were submission to the National Assembly, urging
involved in cases of alleged abuse of it to adopt comprehensive anti-discrimination
authority and sexual misconduct. In April, Oh legislation, as long recommended by the
Keo-don resigned as Mayor of the city of international community.
Busan after admitting to sexually harassing a Transgender people continued to face
woman staff member. In July, Park Won- institutionalized and other discrimination. In
soon, Mayor of the capital, Seoul, was January, the military authorities dismissed a
accused of sexually abusing a former transgender soldier after she underwent
secretary, but the police investigation of the gender reassignment surgery. She filed an
case ended due to his subsequent death. administrative suit with the court in August,
The National Human Rights Commission of after the military authorities had dismissed
Korea (NHRCK) then launched an her appeal. Another transgender woman
independent investigation into the abuse withdrew from a women-only university after
case. In September, two government officials her admission, due to the pressure of
were indicted on charges of sexually students opposing her enrolment.
assaulting a woman originally from North A case on the constitutionality of Article
Korea. 92-6 of the Military Criminal Act, which
criminalizes consensual same-sex sexual
LESBIAN, GAY, BISEXUAL, activity in the military, remained pending at
TRANSGENDER AND INTERSEX (LGBTI) the Constitutional Court.
PEOPLE
In May, a COVID-19 cluster outbreak among RIGHT TO HEALTH
club visitors in Itaewon, a nightlife district in With physical distancing measures in place
Seoul, generated media reports that during the COVID-19 pandemic, the demand
suggested unfounded links between for delivery services soared. At least 16
infections and sexual orientation. Some delivery workers died from overwork during
reports included personal information, such the year according to a coalition of civil
as the age, residence, workplace, occupation society organizations, while there were
and commuting patterns of individuals, ongoing concerns over the lack of timely
impacting on their privacy. The discriminatory health and safety measures for workers in the
reports caused stigma against LGBTI people, industry. More than 150 people were infected
many of whom subsequently avoided with COVID-19 in outbreak clusters linked to
COVID-19 testing for fear of being “outed”. a major logistics centre near Seoul.
Civil society called on the government to offer According to media reports, the company
anonymous testing, and such tests were failed to provide necessary hygiene
expanded to become nationally available. The guidelines, clean uniforms and adequate
authorities also revised their practice in personal protective equipment to workers.
publicizing personal information, so that third Inmates and staff of correctional facilities
parties could not use information such as were at greater risk of COVID-19 infection, as
location history to identify individuals. the pre-existing problem of overcrowding
persisted. In December, at least 772 people,

Amnesty International Report 2020/21 329


more than one-third of the inmates at the provide significant space for arbitrary police
Seoul Eastern Detention Centre, were decisions. Under many circumstances,
infected. The authorities also neglected outdoor assemblies within sight and sound of
specific health needs of detainees. In May, a key venues, including the National Assembly
man suffering from a psychosocial disorder building, the official residence of the Prime
died in the Busan Detention Centre after Minister and all levels of courts, remained
being constrained and placed in solitary illegal.
confinement overnight, while waiting for a
COVID-19 test. His family later filed a CONSCIENTIOUS OBJECTORS
complaint of ill-treatment with the NHRCK. From 30 June, people objecting to
Abortion ceased to be criminalized as the compulsory military service could apply for
year ended, following the order of a alternative service for the first time. The
Constitutional Court decision in 2019, but newly created Commission for Examination of
regulatory frameworks to ensure safe access Alternative Service operating under the
to abortion services were not yet developed. purview of the Ministry of National Defense
received 1,959 applications. At year’s end,
REFUGEES, ASYLUM-SEEKERS AND the commission reviewed only those
MIGRANTS applications made on religious grounds and
The arrival of nearly 500 asylum-seekers on accepted 730 of them. In October, the first
Jeju Island in 2018 had sparked a trend of batch of alternative service personnel started
increasingly strict immigration and refugee their 36-month duty, which was much longer
policies. The Ministry of Justice subsequently than the average military service and was
changed the interpretation of procedures limited only to working in prisons or other
provided for in the Refugee Act, thereby detention facilities.
excluding transit passengers from applying
for asylum at Incheon International Airport. DEATH PENALTY
The Incheon District Court ruled in June that On 16 December, the government voted in
this exclusion was unlawful, but the ministry favour of the resolution on a moratorium on
appealed, and asylum-seekers could be held the use of the death penalty adopted by the
at the airport until a final court decision was UN General Assembly (UNGA). South Korea
reached. had previously abstained from all seven
Reports that individuals were held at the UNGA moratorium resolutions.
airport transit zone for months during the
COVID-19 pandemic raised concerns among
1. South Korea: New anti-discrimination bill offers hope and safety to
domestic legal experts. They noted that such many (News story, 16 July)
extended confinement was often without valid
reasons and may have constituted arbitrary
detention, as it grossly exceeded the
necessary time  ̶  up to seven days according
SOUTH SUDAN
to the Refugee Act  ̶  for examining the
Republic of South Sudan
admissibility of asylum applications.
Head of state and government: Salva Kiir Mayardit
FREEDOM OF ASSEMBLY
The National Assembly passed an Thousands of people fled fighting and
amendment to the Assembly and sought refuge in neighbouring countries.
Demonstration Act in May. The revision did Fighting between ethnic groups, clans and
not fully abolish the automatic bans on sub-clans surged across the country and
assemblies contained in Article 11, which sporadic clashes between parties to the
had been ruled unconstitutional by the armed conflict continued, mainly in the
Constitutional Court, and continued to south. All parties to the conflict perpetrated

330 Amnesty International Report 2020/21


serious violations of international human
rights and humanitarian law, including the RIGHTS OF REFUGEES AND ASYLUM-
killing of civilians, the recruitment and use SEEKERS
of children and acts of sexual violence. According to the UN, the armed conflict
Impunity for human rights violations displaced over 38,100 civilians during the
remained the norm. The security forces year, of whom at least 17,000 fled to
continued to arbitrarily arrest and detain Ethiopia, Sudan and Uganda. Hundreds of
actual and perceived government opponents people trying to seek refuge in Uganda were
and other critics. The government stranded in makeshift structures near the
continued to fail in its obligation to respect border and lacked food, adequate shelter,
and protect the right to health. medical care and clean water after a
COVID-19 outbreak led Uganda to close its
BACKGROUND borders between 20 March and 1 October
By the end of the year, parties to the 2018 (see Uganda entry).1 According to the UN,
revitalized peace agreement had not nearly 110,000 refugees returned to South
established the new Parliament, leading to Sudan.
delays in the passing of critical legislation.
They had also failed to amend crucial laws CONFLICT AND ARMED VIOLENCE
like the 2014 National Security Service Act. Fighting, including cattle raiding, between
Efforts to reform the security sector were not ethnic groups, clans and sub-clans surged
successful, partly because the National across the country, with the alleged
Security Service (NSS) – the best-equipped involvement of members of armed groups
security force in the country and a key agent and government forces. According to the UN
of repression – was left out of the process. In Commission on Human Rights in South
February, parties began to form the Sudan, weapons were supplied by state
Revitalized Transitional Government of actors.
National Unity; however, they did not ensure Reports from the UN Secretary-General
that the new executive included a 35% quota said that clashes resulted in the killing of at
of women, in accordance with provisions in least 600 people, while around 450 were
the agreement. injured and hundreds of thousands were
In March, the government imposed an displaced without access to adequate shelter,
overnight curfew and travel restrictions, food, water or health care. In June the
banned social gatherings and closed President appointed a high-level committee
educational institutions as neighbouring to investigate the security situation in Jonglei
countries confirmed COVID-19 cases. state and the Greater Pibor Administrative
In April, evidence emerged of new small Area, focusing on containing the violence.
arms and ammunition imports, violating the
UN Security Council’s 2018 arms embargo UNLAWFUL KILLINGS
which was renewed for another year in May. Fighting between parties to the conflict
In September, the UN peacekeeping continued, particularly in the south. Soldiers
mission (UNMISS) started withdrawing from committed serious violations and abuses,
three of its Protection of Civilian sites, which including war crimes. They killed civilians,
accommodate over 40,000 people displaced committed acts of sexual violence, looted
since the conflict began in 2013. civilians’ belongings, burned villages and
In October, the government and armed destroyed property and buildings.
groups not party to the 2018 peace Consequently, many villages were made
agreement resumed peace negotiations uninhabitable, and those internally displaced
which had been paused, in part by the by the fighting were unable to return to their
pandemic. homes.2

Amnesty International Report 2020/21 331


Inter-communal violence in Jonglei state
CHILDREN’S RIGHTS resulted in at least 74 women being killed,
In March, the government closed schools to around nine injured, and some 224
control the spread of COVID-19 and only abducted, according to UN figures. In
started reopening them in October. Due to Western Equatoria state, the main opposition
the closures, over 2 million children were group released 47 women and 26 children,
denied access to education and the school- including 12 girls, in January.
run feeding and health programmes. The UN There was also a high incidence of gender-
said this was in addition to the estimated 2.4 based violence outside conflict situations. In
million children out of school before the May, Eye Radio reported that in the capital,
pandemic. Juba, three men took an eight-year-old girl
Between December 2019 and December from her home after holding her mother at
2020, the UN Country Task Force on gunpoint, gang raped her and dumped her
Monitoring and Reporting on Children and unconscious body outside her house. Save
Armed Conflict documented 133 grave the Children said that after the schools were
violations committed against children by closed in March, there was an increase in
armed groups and government security violence against girls, and teenage
forces, including the forced recruitment of pregnancies. In July, a media outlet said that
children and their use in combat and in Cueibet county, in the Lakes state, two
supportive roles like porters, cooks and spies. girls, one of whom was 15 years old, were
The Task Force also reported killings, beaten to death by male relatives in relation
maiming, abductions and rapes of children. to pregnancies their families disapproved of.
At least 28 children died and two were The case of the 15-year-old girl was
maimed as a result of explosive remnants of submitted to the High Court and four
war. During fighting between ethnic groups in suspects remained on remand in prison.
Jonglei state, the UN recorded that at least Early and forced marriages were
16 children had been killed, about nine commonplace and had detrimental effects on
injured, and at least 194 abducted. women and girls’ sexual and reproductive
health. In July, the media reported that a
Child soldiers government soldier killed a 19-year-old
Throughout the year, child soldiers were woman in Aweil because she had refused to
identified among the members of armed marry him. In September, a High Court in
opposition groups and the Presidential Aweil sentenced him to death, and he was
Guard3. In February, the government signed transferred to Wau Central Prison. According
an action plan with the UN to end and to the UN Population Fund, almost half of
prevent all grave violations against children; 18-year-old women were married.
several opposition groups committed to In March, the police established a national
achieving this goal. Between February and committee to oversee the implementation of
May, the UN Task Force supported the its action plan to combat sexual violence.
release of 57 children from armed groups
and government security forces. IMPUNITY
Despite several trials related to sexual
GENDER-BASED VIOLENCE violence, impunity for crimes under
Between December 2019 and December international law remained the norm and
2020, UNMISS documented 79 incidents of victims lacked access to redress, and
conflict-related sexual violence, including medical and psychosocial services.
gang rape, rape, sexual slavery and forced In June, the President appointed a former
nudity, by government forces, armed groups opposition commander suspected by the UN
and community militias. of widespread conflict-related sexual
violence, as governor of Western Equatoria

332 Amnesty International Report 2020/21


state. Also in June, according to the UN, arrested and detained in the NSS’ main
civilian courts in the towns of Kuacjok and detention facility in Juba, known as Blue
Wau convicted a soldier and a police officer House. In June he accessed a lawyer who
“of conflict-related sexual violence against filed an application to the High Court in Juba,
children.” They were given prison sentences at the end of the month, for him to be
of between five and 10 years and ordered to unconditionally released or brought before a
pay damages to the families. In September, a court. He suffered poor health and was
special court martial established by the army denied medical care until he was released
convicted soldiers of nine rapes and two gang without charge on 22 September.
rapes involving 11 survivors, despite the fact On 1 May, a journalist was briefly detained
that military courts were not competent to while covering a story about motorcyclists
deal with the case. who stormed a police station after alleged
According to the UN Development police harassment on the roads during the
Programme, between October 2019 and enforcement of COVID-19 restrictions.
October 2020 a court established to hear
sexual and gender-based violence cases and EXCESSIVE USE OF FORCE
juvenile cases, concluded 13 out of 369 On 3 June, security forces shot at unarmed
registered cases, resulting in one dismissal protesters in Juba’s Shirkat neighbourhood,
and 12 convictions. These included three injuring at least two people. The protests were
rape cases against government soldiers and sparked by the unlawful killing by soldiers of
one rape case against an NSS officer, all four people, including a pregnant woman and
unrelated to the conflict. an older man, following a physical
The government took no discernible action confrontation over a land dispute involving a
to establish the Commission for Truth, relative of the President who succumbed to
Reconciliation and Healing, the his injuries later that night. At least 14
Compensation and Reparation Authority and demonstrators were arrested, and illegally
the Hybrid Court for South Sudan (HCSS), detained in Juba Central Prison. They were
provided for in the 2015 and 2018 peace released in November but charged with
agreements. The HCSS is an envisaged AU- offences against public order and public
backed tribunal with a mandate to investigate nuisance.
and prosecute crimes under international law
and other serious violations committed since DEATH PENALTY
December 2013. Death sentences continued to be handed
down and executions were carried out. On 14
ARBITRARY ARRESTS AND DETENTIONS July, the Court of Appeal quashed the death
The NSS and the Military Intelligence sentence against Magai Matiop Ngong on
Directorate continued to arbitrarily arrest grounds that he was a child at the time of his
actual and perceived government opponents crime in 2017, and ordered that his case be
and other critics, including journalists and sent back to the High Court to rule on an
civil society members, and to hold them in appropriate sentence. He was removed from
prolonged arbitrary detention in harsh death row on 29 July and remained on
conditions without charge or prospect of trial. remand in Juba Central Prison pending
Detainees were denied the right to have their appeal before the Supreme Court by the
detention reviewed by a court4. Those family of the man he killed.
suspected of criminal responsibility for these
violations acted with impunity. RIGHT TO HEALTH
On 29 May, Kanybil Noon, a civil society The right to health remained under serious
representative on the Strategic Defense and threat. Public health facilities were under-
Security Review Board, a body created under resourced, and according to the UN, 56% of
the 2018 peace agreement, was arbitrarily the population did not have access to primary

Amnesty International Report 2020/21 333


health care services. The public health sector
1. East Africa: People seeking safety are trapped at borders due to
was underfunded and received only 2.8% of
COVID-19 measures (Press release, 22 June)
the national budget (around US$14 million).
2. South Sudan: UN arms embargo must be maintained after surge in
Medical equipment for COVID-19 treatment, violence against civilians in 2020 (Press release, 30 November)
such as ventilators, and personal protective
3. Systematic harassment of civil society, journalists, private sector and
equipment for health workers was lacking. critics by South Sudan’s intelligence agency (AFR 65/2727/2020)
Media outlets reported that at the onset of the
4. Accountability critical to ending grave human rights violations in
pandemic in South Sudan in April, the South Sudan (AFR 65/3105/2020)
country only had four ventilators for an 5. Exposed, silenced, attacked: Failures to protect health and essential
estimated 11 million people. workers during the COVID-19 pandemic (POL 40/2572/2020)
Post-traumatic stress disorder was
widespread in the population, but access to
mental health and psychosocial support
services remained extremely limited. As a
SPAIN
result, people with mental health conditions Kingdom of Spain
were routinely housed in prisons. Head of state: Felipe VI
Head of government: Pedro Sánchez
Health workers
The government failed to protect the rights of
health workers during the COVID-19 Health care workers lacked adequate
pandemic. They had insufficient access to personal protective equipment at the
PPE and suffered under huge workloads. beginning of the pandemic. COVID-19
Doctors on the government payroll were not deaths among older people were
paid between February and May and did not disproportionate. Police officers issued
receive welfare packages or medical cover. In more than one million fines and subjected
May, doctors held a one-day strike, after some individuals to arbitrary punishments
which the government offered them for COVID-19 lockdown breaches.
SSP10,000 (US$40) as a lump sum to cover Allegations of excessive use of force by law
part of the salary arrears. Some doctors who enforcement officers policing protests
refused to accept the offer were threatened continued. There was a significant rise in
with dismissal.5 calls to helplines by women at risk of
gender-based violence. Lack of affordable
DENIAL OF HUMANITARIAN ACCESS housing and homelessness remained a
The humanitarian crisis was compounded by major concern. Migrants and refugees were
inter-communal violence, the COVID-19 confined to overcrowded facilities in Melilla
pandemic and floods, which affected about during lockdown.
half the country. Up to 1.7 million people
remained internally displaced, and an BACKGROUND
estimated 6 million people, over half the In January, a new coalition government was
population, were acutely food insecure. sworn in comprising the socialist party
Millions of people had limited or no access to (PSOE) and the left-wing Unidas Podemos.
safe water and sanitation, adequate health On 14 March, three days after the World
care and related services. Health Organization declared the COVID-19
The crisis was exacerbated by attacks on outbreak a global pandemic, the government
aid workers between January and November approved a Royal Decree establishing a state
of whom nine were killed. Humanitarian of emergency. The decree granted
organizations reported that there were 459 emergency powers to enforce lockdown
incidents which impeded humanitarian regulations and was extended on six
access. Aid workers were frequently robbed occasions until 21 June. In October, an
and attacked on main roads.

334 Amnesty International Report 2020/21


additional state of emergency was adopted older people in the care homes rather than
for six months. transferring them to hospitals were
In June, Parliament adopted the Minimum discriminatory and violated the right to
Subsistence Income, a benefit intended for health.
people living in severe poverty. At the height of the pandemic some older
Spain accepted most of the people living in care homes were confined to
recommendations made under the UN their rooms, with little or no contact with their
Universal Periodic Review, including those families, for an indefinite period and without
referring to freedoms of expression and effective supervision by the national and
peaceful assembly, as well as those relating regional authorities, resulting in violations of
to past human rights violations.1 their human rights. Throughout this time,
Assistance to victims of gender-based health care workers’ associations expressed
violence was considered essential and a concerns about persistent staff shortages and
Specific Contingency Plan was approved to the failure to provide sufficient quality PPE to
ensure that such services remained available staff, as well as the inadequate provision of
during the lockdown. medical care to people living in care homes
In March, the government announced a in the first months of the pandemic.2
draft law on sexual violence that included a
new legal definition of rape to comply with WOMEN’S RIGHTS
international human rights law. During the lockdown, there was a 60%
increase in women calling the support
RIGHT TO HEALTH helplines against gender-based violence run
By the end of the year, at least 93,000 health by the Ministry of Equality, compared to the
workers had contracted COVID-19, same period the previous year. Online
accounting for 5.1% of cases; 89 died as a consultations with women seeking safety
result. Over 78% of infected health care during the lockdown increased by 586%.
workers were women. Forty-five women were killed by their partners
During the first weeks of the pandemic, or former partners.
there was a shortage of quality personal
protective equipment (PPE). As a result, RIGHT TO HOUSING
health care workers were frequently forced to Many people, especially in low-income areas,
resort to inadequate PPE or to reuse items continued to face challenges in accessing
designed for single use. Health care workers adequate housing. Royal Decree Law 8/2020
in settings outside hospitals, such as primary and Royal Decree Law 11/2020, both
care medical centres and care homes, adopted in March, established a three-month
received PPE later than staff in hospitals. moratorium on mortgage payments for
Additionally, during the first three months particularly vulnerable people and a six-
of the pandemic, health care workers only month moratorium on rental payments
had limited access to COVID-19 tests. respectively. The decrees also suspended
eviction procedures for vulnerable
Rights of older people households without alternative housing. Royal
As of November, around 20,000 older people Decree Law 30/2020 adopted in September
had died from COVID-19 in care homes; they extended this suspension until January 2021.
comprised approximately 50% of all In April, the UN Special Rapporteur on
COVID-19 deaths reported until that period. It extreme poverty and human rights
was estimated that around half of the deaths recommended that Spain introduce new
of older people in care homes occurred in the legislation to guarantee the right to housing.
capital, Madrid, and in Catalonia. There were The Rapporteur also recommended greatly
concerns that referral protocols in both increased investment in public housing and
regions which recommended treating sick fiscal disincentives for leaving housing

Amnesty International Report 2020/21 335


vacant, as well as increased rent-control Public Security, criminalizing some legitimate
arrangements in key cities. forms of protests, were in line with the
Constitution, but found that the requirement
EXCESSIVE USE OF FORCE of prior authorization in the use of video
The 2015 Law on Public Security, which recordings of the police limited the right to
limits freedoms of expression, assembly and freedom of information.
information, continued to be enforced,
adding to the coercive powers of security RIGHTS OF REFUGEES, ASYLUM-
forces. SEEKERS AND MIGRANTS
During the state of emergency, and until Following the declaration of the state of
23 May, law enforcement officials issued over emergency, eight migration detention centres
one million fines and arrested 8,547 people were closed, and irregular migrants were
for breaches of lockdown. There were reports released to help prevent the spread of
of excessive and disproportionate use of force COVID-19. Alternative accommodation was
by law enforcement officials to ensure provided. However, in June, the government
compliance with lockdown rules. Law announced the progressive re-opening of
enforcement officials lacked clear criteria to detention centres due to the increase of
use their powers and applied them arbitrarily, arrivals by sea.
for example by imposing fines on journalists While the total number of people arriving
who were carrying out their job and against irregularly in Spain grew by 29%, in
people who were homeless or experienced comparison to 2019, irregular arrivals in the
other specific marginalization.3 Canary Islands increased by 756.8%.
In June, the government revealed that four Between June and November, lack of
internal investigations into the National Police adequate and sufficient accommodation
were ongoing and that 41 Civil Guards had resulted in many refugees and migrants
been sanctioned for their actions during the spending several days outdoors on the docks
state of emergency. in unsafe conditions.
In October, the European Court of Human The number of asylum applications
Rights found that Spain had violated the right dropped significantly due to restrictions of
to freedom of assembly and association in movement and border closures. From
the case of a woman who had been left January to November, 84,705 people
permanently injured after police forcefully submitted asylum applications; 39,839 of
dispersed a spontaneous peaceful protest those were women and 15,206 were minors,
against austerity measures and compared to more than 117,000 people in
unemployment in 2014. 2019. Concerns remained about the backlog
Investigations into allegations of excessive of asylum applications, with 99,105 cases
use of force by law enforcement officials pending in November. Lockdown restrictions
during the October 2017 protests in Catalonia compounded disruptions to asylum
remained open at the end of the year. interviews and renewal of documents.
Asylum-seekers encountered difficulties in
FREEDOMS OF EXPRESSION AND obtaining an appointment to formalize their
ASSEMBLY asylum application.
At the end of the year, Jordi Sánchez and Asylum-seekers and migrants continued to
Jordi Cuixart, presidents of two pro- live in overcrowded reception conditions and
independence organizations in Catalonia, without adequate protection from COVID-19.
remained in prison after being convicted for The Centre for Temporary Stay of Immigrants
sedition in connection with protests and the in Melilla remained at overcapacity during the
referendum on independence in 2017. pandemic, accommodating up to 1,600
In November, the Constitutional Court people, including minors and lesbian, gay,
found that offences foreseen in the Law on bisexual, transgender and intersex people.

336 Amnesty International Report 2020/21


Despite the health risks, transfers of people criminal investigators were increasingly
from Melilla to mainland Spain were limited. intimidated and harassed. There were
In July, the Spanish Supreme Court reports of deaths in custody and
reiterated that asylum-seekers had a right to extrajudicial executions. Violence against
freely move across Spanish territory and women remained widespread. Minority
access the mainland from Ceuta and Melilla, Malayaha Tamil labourers suffered
upholding 22 lower court decisions. However, disproportionately from loss of wages during
the government continued its containment the COVID-19 pandemic and their efforts to
policy in both Ceuta and Melilla at the end of secure better pay were halted.
the year.
In February, the European Court of Human BACKGROUND
Rights found that Spain had not breached The election results of 2019 sparked
the European Convention on Human Rights concerns among human rights defenders in
when it summarily expelled two men from light of allegations of gross human rights
Melilla to Morocco in 2014. violations under Mahinda Rajapaksa during
In November, the Constitutional Court his 2005-2015 presidency. His brother,
upheld the constitutionality of the provision President Gotabaya Rajapaksa, had served
allowing for border rejections of people as the Secretary to the Minister of Defence
attempting to enter the Spanish enclaves of during the last phase of the internal armed
Ceuta and Melilla, provided that it applies to conflict, which ended in 2009. Both parties
individualized entries, border rejections are to the conflict – the Sri Lankan armed forces
subjected to judicial review and carried out in and the Liberation Tigers of Tamil Eelam
compliance with international law. (LTTE) – were accused of war crimes and
other serious violations and abuses of
international human rights law.
1. The authorities must fulfil their commitments and take measures to
guarantee the right to freedom of expression and peaceful assembly - Soon after the elections, the new
Human Rights Council adopts Universal Periodic Review outcome on government announced its intention to
Spain (EUR 41/2732/2020)
withdraw support for UN Human Rights
2. Spain: Older people in care homes abandoned during COVID19 Council resolution 40/1 and all linked
pandemic (Press release, 3 December)
resolutions promoting post-war reconciliation,
3. Human rights violations during the state of emergency (in Spanish accountability and human rights in Sri Lanka.
only, Violaciones de derechos humanos durante el estado de alarma,
June)
In October, the Constitution was amended,
with serious implications for independent
institutions including the national Human

SRI LANKA Rights Commission and the Police


Commission, as well as the independence of
the domestic judiciary and the police.
Democratic Socialist Republic of Sri Lanka
Head of state and government: Gotabaya Rajapaksa ENFORCED DISAPPEARANCES
The government announced its intention to
There was continued impunity for violations review the Act establishing the Office on
committed during the internal armed Missing Persons (OMP), the permanent body
conflict, and the government failed to established during the previous government
uphold commitments to the UN Human in line with commitments to the UN Human
Rights Council around justice and Rights Council with a mandate to investigate
reconciliation. As such, justice stalled and the fate of “the missing” in the country. In
impunity prevailed, including in cases of January, the practice of issuing interim relief
killings and other violations allegedly linked to families of the disappeared, as
to the ruling Rajapaksa family. Human recommended by the OMP and carried out
rights defenders, journalists, lawyers and during the previous administration, was

Amnesty International Report 2020/21 337


discontinued, putting these families under party, boasted of killing some 2,000 to 3,000
further financial strain. Sri Lankan Army personnel in one night
Lawyers involved in cases of enforced during the armed conflict. Although the
disappearance, especially the so-called Navy police began investigations into the
11 case and the Navatkuli case, faced statement, they did not investigate war
intimidation and attacks on social media. In crimes he allegedly committed. The
both cases, members of the Sri Lankan investigation had not produced an outcome
armed forces were suspected perpetrators. by the end of the year. Vinayagamoorthi
The cases saw little progress during the year. Muralitharan was later given a position in
After months of delays, the court case for the Prime Minister Mahinda Rajapaksa’s
disappearance of journalist Prageeth personal staff. Several military officers who,
Eknaligoda began at the Permanent High according to the findings of various UN
Court Trial-at-Bar. During the trial, witnesses investigations, could be responsible for
appeared before the President-appointed crimes under international law were also
Commission of Inquiry on “political promoted during the year and appointed to
victimization”, leading to concerns that the powerful positions within the administration.
parallel inquiry would interfere with the During the year there was a further
ongoing court case. In December, the crackdown on law enforcement officers
President appointed the Chairman of the pursuing accountability for human rights
Commission as the new Chairperson to the violations. Immediately after the presidential
OMP, raising further fears around the future, election, more than 700 criminal investigators
commitment and independence of domestic were banned from leaving the country. Shani
mechanisms. Abeysekara, former Director of the Criminal
Investigations Department (CID), was
IMPUNITY arrested in July over allegations of concealing
Little or no progress was made towards evidence. A sub-inspector who made the
accountability for violations and abuses allegation later confessed to a magistrate that
committed during the armed conflict and in he was pressured into framing Shani
the post-conflict period. Sri Lanka failed to Abeysekara. During his time at the CID,
establish a judicial mechanism with special Shani Abeysekara pursued many criminal
counsel to investigate allegations of violations cases involving human rights violations, some
of human rights and international allegedly linked to the Rajapaksa ruling
humanitarian law as promised at the UN family. While in custody, Shani Abeysekara
Human Rights Council. There was no notable tested positive for COVID-19, but was
progress in the investigations of the killings of withheld prompt access to medical care at a
journalist Lasantha Wickrematunge in 2009 hospital for days.
and sportsman Wasim Thajudeen in 2012.
In March, President Gotabaya Rajapaksa FREEDOMS OF EXPRESSION AND
pardoned Sergeant Sunil Rathnayaka, who ASSOCIATION
was convicted and sentenced to death by a Human rights defenders, journalists, lawyers
Sri Lankan high court in 2015 for the and criminal investigators came under
December 2000 murder of eight Tamil increased intimidation and harassment
civilians, including three children, in the during the year. Law enforcement officials
village of Mirusuvil, Jaffna. The pardon was in paid unannounced visits to human rights
line with the President’s campaign pledge to organizations and enquired about their work
acquit and release those who he called “war and funders. At least 18 such visits were
heroes” being held on “baseless” charges. recorded in the north, east and west of Sri
In June, Vinayagamoorthi Muralitharan Lanka during the year and 13 incidents of
(known as Karuna), former deputy leader of intimidation of journalists. Dharisha Bastians,
the LTTE and current supporter of the ruling former editor of a state-owned newspaper

338 Amnesty International Report 2020/21


and New York Times correspondent, was the safe management of a corpse in the
under investigation for reporting on various context of COVID-19.
cases and human rights issues.
In April in the context of the COVID-19 EXCESSIVE USE OF FORCE AND
pandemic, the police announced that they EXTRAJUDICIAL EXECUTIONS
would take legal action against those who Incidents of police brutality were recorded in
publish posts on social media criticizing many parts of the country. In one incident in
government officials and obstructing their the south, the victim was a Muslim child with
duties. Several social media commentators disabilities. In the north, Tamil ethnic
were arrested following the announcement. minorities were targeted.
Ramzy Razeek was arrested and detained At least 14 prisoners died and more than
after peacefully expressing himself in a 100 were injured when the authorities used
Facebook post. His health deteriorating, he lethal force to control protests against the
was granted bail five months later. The spread of COVID-19 inside several prisons.
investigation against him was continuing at Detainees in police custody too were shot
the end of the year. The 2019 case against dead, allegedly while trying to escape. People
short story writer Shakthika Sathkumara also allegedly involved in drug-related crimes were
remained pending. Hejaaz Hizbullah, a extrajudicially executed, reportedly during
prominent lawyer, was arrested in April on “crossfire” with the police.
suspicion of offences under Sri Lanka’s
draconian Prevention of Terrorism Act (PTA). VIOLENCE AGAINST WOMEN AND
He continued to be arbitrarily detained at the CHILDREN
end of the year without any evidence of There was continued impunity for sexual and
wrongdoing produced in court. Muslim poet gender-based violence, despite repeated
Ahnaf Jazeem was arrested under the PTA assurances by consecutive governments to
for a collection of poems he published. He tackle the issue. A total of 142 rapes and 42
continued to be held in custody without legal cases of “serious sexual abuse” against
representation at the end of the year. The children were reported to the police in just
PTA remained in use despite the previous the first 15 days of the year.
government’s pledges to repeal and replace
the law, which was used arbitrarily against DISCRIMINATION
the minority Muslim population following Malayaha Tamil estate labourers and their
bombings on 21 April 2019. families continued to suffer marginalization
Thousands of people were arrested for and poverty. They were particularly affected
violating the COVID-19 curfew, despite it by the lack of income during the COVID-19
having no legal basis. Police also used pandemic. Many relied on loans or were
excessive force to arrest activists peacefully forced to pawn jewellery to cover basic living
carrying out a Black Lives Matter solidarity expenses. Many young people from the
protest in strict observance of COVID-19 community lost their daily wage jobs in towns
guidelines, without first giving the protesters and cities. Children in plantation estates were
the opportunity to disperse voluntarily. deprived access to online education during
The pandemic also led to an increase in the pandemic because of a lack of
anti-Muslim rhetoric in social and computers and internet access in their
mainstream media, in some instances by homes. In spite of record profits for Sri
senior government members. The authorities Lanka’s tea exporters of LKR353 billion
carried out forced cremations (forbidden by (US$1.9 billion) in 2019, the call by Tamil
the Muslim faith) of Muslims who died from labourers for an increase from LKR700
COVID-19, despite domestic directives at the (US$3.8) to LKR1,000 (US$5.4) a day was
time allowing for burials. WHO guidelines rejected. The tea companies blamed the
allowed for either burials or cremations for pandemic for stalling talks with the

Amnesty International Report 2020/21 339


government over workers’ pay, despite failed to adequately protect civilians in
President Rajapaksa’s promise to secure a Darfur, South Kordofan and eastern Sudan
wage increase. from serious human rights abuses arising
from armed attacks by militias.
LESBIAN, GAY, BISEXUAL,
TRANSGENDER AND INTERSEX (LGBTI) BACKGROUND
PEOPLE A year after the 2019 overthrow of President
Sections of the Penal Code that prohibit Omar al-Bashir, the transitional government
“carnal intercourse against the order of continued to struggle to address the former
nature” and “gross indecency between government’s legacy of corruption, economic
persons” continued to be used to persecute, crisis, past human rights violations, and lack
harass and discriminate against LGBTI of justice and accountability.
people. Rights organizations reported in In March, the government declared a
October that at least seven LGBTI people had national health emergency in response to the
been subjected to forced anal and vaginal COVID-19 pandemic, introducing measures
examinations by the police and Judicial including an overnight curfew, movement
Medical Officers since 2017 in an attempt to restrictions and border closures.
prove allegations of same-sex sexual In August, a peace agreement was signed
relations. between the government and the Sudan
Revolutionary Front, an alliance of nine
DEATH PENALTY armed political groups based throughout the
In 2019, former President Maithripala country, including in the conflict-torn areas of
Sirisena signed death warrants for four death Blue Nile, Darfur and South Kordofan. Some
row prisoners who had been convicted of armed groups did not sign the agreement.
drug-related crimes. The Supreme Court The Sudan Liberation Movement/Army-Abdul
granted a temporary reprieve while cases Wahid Nur in Darfur refused to participate in
challenging the order were heard in court. any peace talks. Also, no agreement was
The case was ongoing at the end of 2020 reached with the Sudan People’s Liberation
and the stay of executions was extended. Sri Movement-North which controlled parts of
Lanka has not carried out any executions South Kordofan and Blue Nile.
since 1976.
RIGHTS OF WOMEN AND GIRLS
The government took steps to improve the
SUDAN protection of women's and girls’ rights. In
June, it adopted a National Action Plan for
Republic of the Sudan the Implementation of UN Security Council
Head of state: Abdel Fattah al-Burhan Resolution 1325 on women, peace, and
Head of government: Abdalla Hamdok security, which provides guidance on
preventing gender-based violence in armed
Positive legal reforms were instituted, conflict and increasing women’s participation
including abolition of some forms of in the peace processes.
corporal punishment, and criminalization of In July, the government introduced
female genital mutilation (FGM). Security legislation criminalizing the practice of FGM.
forces used excessive, and sometimes
lethal, force against protesters. Opposition EXCESSIVE USE OF FORCE
activists and officials of the deposed former In September, police used live ammunition to
government of Omar al-Bashir were disperse demonstrators in the town of Nertiti
subjected to prolonged arbitrary detention. in Central Darfur, killing two protesters and
COVID-19 lockdown measures left millions injuring four others. The demonstrators were
in need of relief assistance. The authorities protesting against the government’s failure to

340 Amnesty International Report 2020/21


protect civilians after unknown assailants In July, the government introduced legal
attacked their community, killing a 14-year- reforms to protect certain rights. It abolished
old girl and a 24-year-old man, earlier that some provisions in the 1991 Criminal Act,
day. The Central Darfur State Security including the use of flogging and some forms
Committee promised to investigate the two of corporal punishment as penalties for
incidents. There was no further information various crimes, and introduced legislation to
on the investigation at the end of the year. decriminalize apostasy.

RIGHT TO TRUTH, JUSTICE AND ARBITRARY DETENTION


REPARATION At least 40 people remain arbitrarily detained,
The National Committee of Inquiry, including opposition activists and members
established to investigate the killing and of the former government.
injuring of protesters on 3 June 2019, had On 2 June, Muammar Musa Mohammed
not concluded its work by the end of the year. Elgarari, an opposition activist and leader of
On that day, members of the Rapid Support the Future Movement Group, was arrested in
Forces and other security forces fired live Khartoum for allegedly harassing members of
ammunition at peaceful protesters outside the Committee for Removal of Empowerment.
the military headquarters in Khartoum, killing The Committee had been established to
at least 100 and injuring 700 others. Many dissolve the NCP and confiscate its property.
survivors and relatives of those killed were He remained in detention without charge in a
not optimistic that the Committee would police station in Khartoum North at the end
provide them with justice and reparation. of the year.
In February, the government announced At least 40 NCP senior party leaders and
that former President Omar al-Bashir should members, who had been detained without
appear before the ICC on charges related to charge for 14 months, were finally charged
war crimes, crimes against humanity and and brought before a special criminal court in
genocide carried out in Darfur. The ICC July. They had been arrested following the
issued arrest warrants for Omar al-Bashir in 2019 military coup, after which they were
2009 and 2010. It also issued arrest warrants held in Kober prison. In June 2020, the
for two other officials in Omar al-Bashir’s Attorney General announced that at least five
former ruling National Congress Party (NCP) cases would be submitted to the courts over
— Ahmad Harun in 2007 and Abdel Raheem the following weeks, including those involving
Muhammad Hussein in 2012. However, the suspects accused of serious human rights
transitional government continued to fail to violations committed during the years under
meet its obligation to surrender them to the Omar al-Bashir. The first trial began on 21
Hague court, and still had not ratified the July and related to the 1989 military coup
Rome Statute of the ICC. that brought Omar al-Bashir to power. It was
In June, Ali Muhammad Ali Abd-Al- ongoing at the end of the year.
Rahman (also known as Ali Kushayb), a
former senior commander of the Janjaweed ECONOMIC, SOCIAL AND CULTURAL
militia, surrendered to the ICC to answer RIGHTS
charges of war crimes and crimes against Doctors and other health workers were
humanity allegedly committed in Darfur. physically and verbally attacked by patients
or their relatives who blamed them for the
TORTURE AND OTHER ILL-TREATMENT government’s mishandling of the COVID-19
Despite the widespread practice of torture pandemic.1 In May, the Central Committee of
during the past 30 years, the government Sudanese Doctors reported 28 attacks on
had not ratified the UN Convention against health workers nationwide between March
Torture. and May. In June, the government passed
legislation to protect health workers, and

Amnesty International Report 2020/21 341


deployed dedicated security forces to prevent On 13 July, 10 protesters were killed in
further attacks. Fata Borno camp for internally displaced
Between 18 April and early June, the people in North Darfur, and at least 17
authorities imposed a 24-hour lockdown in people injured, during an attack by an armed
Khartoum, although people were still allowed militia group, thought to be affiliated with
to leave their homes to buy essentials. government security forces. The attack took
Thousands who worked in the informal place as protesters staged a peaceful eight-
economy struggled to earn a living when day sit-in to demand, among other things,
movement between states was restricted. The better security, protection for their crops from
measures put human rights at risk, militia and other armed group attacks, and
particularly the rights to food, health, water the dismissal of officials affiliated with the
and sanitation, of groups facing former government.3
marginalization and discrimination like On 25 July, at least 60 people from the
internally displaced people, refugees, Massalit ethnic group were killed and more
migrants, women and children. In than 54 wounded in a reprisal attack by an
September, the UN Independent Expert on armed group in and around the village of
the Situation of Human Rights in Sudan said Masterei in West Darfur. The Sudanese
that 9.3 million people needed humanitarian authorities failed to intervene or to prevent
assistance, an increase from 5.2 million in the attack, which lasted several hours.
2015. Although the authorities announced they
would investigate the attack, no findings were
RIGHT TO HEALTH made public by the end of the year.
The COVID-19 pandemic exposed the extent
of under-investment in the public health
1. Exposed, silenced, attacked: Failures to protect health and essential
system. Hospitals were found lacking key workers during the COVID-19 pandemic (POL 40/2572/2020)
equipment for PPE and ventilators. 2. Sudan: UN and AU must prioritize protection of civilians in Darfur
(AFR 54/2351/2020)
UNLAWFUL KILLINGS 3. Sudan: Promptly investigate protester killings at Fata Borno (Press
The violence in Darfur, South Kordofan and release, 14 July)
eastern Sudan continued. Inter-communal
violence resulted in unlawful killings, sexual
violence, torture and other ill-treatment,
destruction of property and burning and
SWEDEN
looting of villages. At least 20 incidents were Kingdom of Sweden
reported by the end of the year. The security Head of state: Carl XVI Gustaf
forces and the government repeatedly failed Head of government: Stefan Löfven
to provide protection for civilians or to
intervene in a timely manner to prevent the COVID-19 deaths occurred
escalation of fighting and human rights disproportionately among older people and
abuses. in immigrant communities. Despite the
On 21 April, residents of the village of pandemic, authorities carried out hundreds
Tamar Bol-Jimeil, north-east of Zalingei in of evictions.
Central Darfur, were attacked by members of
a militia from the neighbouring nomadic DISCRIMINATION
Rizeigat Arab ethnic group. Some of the In June, “Black Lives Matter” protests took
attackers were said to have been wearing place in several cities. The Minister for
military uniforms. Two people were killed and Gender Equality publicly acknowledged that
14 injured. At least 18 houses were burnt people of African descent and ethnic
down and more than 400 families reportedly minorities faced discrimination in accessing
temporarily displaced.2

342 Amnesty International Report 2020/21


employment, housing, education and health
care. RIGHT TO SEEK ASYLUM
Authorities continued to forcibly return to
Right to health Afghanistan people whose asylum
At year’s end, 7,389 people aged over applications were rejected, in risk of violating
had 70 died from COVID-19, out of a total of the principle of non-refoulement (forcible
8,154 deaths. Almost 6,000 of them were return of individuals to a country where they
care home residents or had received care at risked serious human rights violations).
home. The Health and Social Care
Inspectorate and the National Corona TORTURE AND OTHER ILL-TREATMENT
Commission identified failures in carrying out In its October review, the UN Committee
individual medical assessments in care Against Torture repeated its long-standing
homes and shortages of personal protective criticism of Sweden for failing to define or
equipment for staff as contributing factors. criminalize torture in domestic law.
In June, public health research indicated
that the number of older people in some CORPORATE ACCOUNTABILITY
immigrant communities dying from COVID-19 In June, the Swedish Prosecutor confirmed
was disproportionately high. Initial studies the completion of an investigation into two
suspected a link between higher mortality representatives of oil company Lundin Energy
risk and the crowded living conditions (formerly Lundin Petroleum) for alleged
experienced by some immigrant complicity in serious violations of
communities, combined with the exposure international law in what is now South Sudan.
risk of employment in the service sector.

Right to housing and forced evictions


Between February and mid-December,
SWITZERLAND
despite the COVID-19 pandemic, the Swiss Confederation
authorities carried out 4,621 evictions, which Head of state and government: Simonetta Sommaruga
was a 6% increase over the same period the
previous year. The police forcibly evicted EU
nationals living in informal settlements in the Parliament adopted draconian anti-terrorism
capital Stockholm, many of whom were laws. The government’s COVID-19 response
Roma. The authorities failed to offer disproportionately limited the right to
alternative accommodation. freedom of expression. Parliament began
reviewing the criminal law relating to sexual
Sami Indigenous People offences; Swiss citizens voted to include
In January, the Supreme Court ruled that the sexual orientation in hate-speech
Sami village of Girjas had the exclusive right legislation. The government refused to
to manage fishing and hunting licences for resettle more refugees from the Greek
their traditional lands. Following the ruling, islands, and temporarily suspended asylum
hate speech on social media against Sami applications at borders due to COVID-19. A
people was reported. landmark referendum calling for mandatory
human rights due diligence for
GENDER-BASED VIOLENCE multinational companies was held.
In June, a review of Sweden’s 2018 consent-
based rape legislation was published showing BACKGROUND
a significant increase in the number of Between March and June, the government
prosecutions and convictions for rape since ruled by emergency powers in response to
the law’s introduction. the COVID-19 pandemic, impacting a range
of rights such as freedom of assembly and

Amnesty International Report 2020/21 343


movement. Despite pressure by numerous In July, hate speech legislation was
organizations and associations, by year’s end, extended to criminalize advocacy of hatred
no comprehensive, independent study had and discrimination based on sexual
been commissioned to determine measures orientation, following a referendum in favour
to provide maximum protection to health of the change.
workers in Switzerland.1 The Senate (2nd
Chamber) accepted a government proposal RIGHTS OF REFUGEES AND ASYLUM-
to create an independent national human SEEKERS
rights institution; the proposal was expected There were allegations of disproportionate
to go to the other Chamber in 2021. In use of force by security staff at federal
September, Parliament decided to reduce asylum-seeker reception centres.5 By
greenhouse gas emissions by 50% below December, no independent investigations
1990 levels by 2030. had been announced or conducted. During
the closure of the border with Italy from mid-
UNFAIR TRIALS March to mid-May, asylum applications at the
In May, the Council of Europe Human Rights borders were suspended, except for
Commissioner and UN experts criticized vulnerable people, as part of COVID-19
proposals for “draconian” new anti-terrorism emergency measures.
laws.2 In September, Parliament adopted the In March, a parliamentary initiative calling
laws which pre-emptively restrict a person’s for the introduction of a humanitarian clause
liberty without charge or trial, and included a in the legislation which penalizes
vague and overly broad definition of “Encouraging unlawful entry, exit or an
“terrorism”. unlawful period of stay” was rejected. In July,
the Federal Court upheld the convictions for
FREEDOM OF ASSEMBLY “facilitation of unlawful entry” of human
At the start of the pandemic, the police rights defenders Anni Lanz and Lisa Bosia
lacked clear guidelines to implement Mirra, who had helped asylum-seekers in
emergency measures and disproportionately need to enter Switzerland.
limited protesters’ right to freedom of The government refused to accept more
peaceful assembly by imposing blanket bans refugees from the Greek islands, although
on demonstrations in public and handing out several major cities offered relocation places.
fines in certain cantons. 3 Exceptions included 54 unaccompanied
minors with family ties to Switzerland who
GENDER-BASED VIOLENCE were relocated. After the destruction of Moria
In January, a parliamentary committee refugee camp in Lesbos, Greece, in
reviewed the criminal law relating to sexual September, (see Greece entry) the
offences.4 It instructed the government to government accepted another 38 minors,
submit a proposal to redefine sexual acts intended to be resettled by the end of the
committed against a person's will. The year.
current definition of rape required a female
victim and the use of coercion or force. CORPORATE ACCOUNTABILITY
On 29 November, the referendum on the
RIGHTS OF LESBIAN, GAY, BISEXUAL, Responsible Business Initiative, calling for
TRANSGENDER AND INTERSEX (LGBTI) mandatory human rights and environmental
PEOPLE due diligence for multinational companies
Parliament voted in favour of introducing doing business abroad, was held and voted
same-sex marriage. Same-sex couples will down. Although the initiative was rejected by
now have the same rights with the exception the cantons it won the majority of the
of certain restrictions in the area of sperm people’s vote. This was the first time that the
donation.

344 Amnesty International Report 2020/21


voters of any country had said yes to this kind thousands of people, including peaceful
of mandatory due diligence.6 activists, humanitarian workers, lawyers and
journalists, subjecting many to enforced
IMPUNITY disappearance. The self-styled Syrian
In June, the European Court of Human National Army, supported by Turkey,
Rights ruled Switzerland had violated the subjected civilians in the northern cities of
right to life after failing to take adequate Afrin and Ras al-Ayn, which are under
measures to protect a man who committed effective control of Turkey, to a wide range
suicide in police custody in 2014. Swiss of abuses, including looting and
authorities had also neglected to conduct an confiscation of property, arbitrary detention
effective investigation. and abduction. In the north-west, the
armed opposition group Hay’at Tahrir al-
Sham arbitrarily detained and attacked
1. Garantir les droits des professionnel-le-s de la santé (in French only),
(Press release, 18 August) media activists, journalists, medical and
2. Les lois antiterroristes sapent l’état de droit! (in French only), (Press
humanitarian workers, and others. In the
release, 24 September) north-east, the Autonomous Administration
3. COVID-19: Des directives claires pour l'expression de l’opinion dans led by the Democratic Union Party (PYD)
les lieux publics (in French only), (Press release, 5 May) arbitrarily detained individuals and
4. Projet distinct de révision du droit pénal sexuel (in French only), continued holding tens of thousands of
(Press release, 18 January) people suspected of affiliation to the armed
5. Un régime rigide dans les centres fédéraux et des délais très courts group Islamic State (IS) in inhumane
(in French only), (Press release, 28 February) conditions. The Syrian government failed to
6. Multinationals seem too big for accountability. Switzerland may adequately protect its health workers from
change that (News story, 27 November) COVID-19 and lacked a robust national
response, which endangered thousands of
lives. Tens of thousands of internally
SYRIA displaced people were at risk of contracting
COVID-19 due to dire living conditions.
Syrian Arab Republic
Head of state: Bashar al-Assad BACKGROUND
Head of government: Hussein Arnous (replaced Imad The conflict continued between the
Khamis in June) government and its allies, and armed
opposition groups in Idlib, Hama, Aleppo and
Parties to the conflict in Syria continued to Daraa. In January, hostilities between the
commit with impunity serious violations of government, supported by Russia, and
international humanitarian law, including Hay’at Tahrir al-Sham significantly escalated
war crimes and crimes against humanity, in north-west Syria. By 2 March, the
and gross human rights abuses. Syrian and government had recovered control of the
Russian government forces carried out Damascus-Aleppo highway as well as key
direct attacks on civilians and civilian towns and cities in the southern Idlib
objects, including hospitals and schools, governorate and in the western part of the
through aerial bombing of cities in the Aleppo governorate. On 5 March, Russia and
governorates of Idlib, Hama and Aleppo, Turkey agreed to a ceasefire and to carry out
displacing close to 1 million people. joint military patrols of the Aleppo-Latakia
Government forces continued to impede highway (also known as the M4 highway).
access to humanitarian aid to civilians. Between January and April, unidentified
Security forces arbitrarily detained peaceful armed groups shelled and detonated car
protesters as well as civilians who had bombs in Afrin, a city in northern Syria under
reconciled with the government, and the control of pro-Turkey armed groups,
continued to arbitrarily detain tens of killing and injuring many civilians and

Amnesty International Report 2020/21 345


damaging civilian infrastructure such as schools. A doctor said that in January, three
homes and markets. Between March and air strikes in the vicinity of the hospital he
July in Daraa governorate in the south-west, worked at in Idlib flattened at least two
tensions escalated between armed opposition nearby residential buildings and killed 11
groups and government forces following civilians, including one of his colleagues.
clashes, shelling and targeted killings by both Evidence showed that Russia was
sides. responsible for the attack.
In April, the Board of Inquiry established in
2019 by the UN Secretary-General to Denial of humanitarian access
investigate “incidents” that destroyed or The barrage of attacks on civilians and
damaged “facilities on the de-confliction list civilian infrastructure in north-west Syria
and UN-supported facilities” in north-west between December 2019 and March 2020,
Syria published a summary of its findings. when a ceasefire was reached, pushed close
The Board’s conclusions included that it was to one million people to seek refuge in
“highly probable” that “the Government of already overstretched displacement camps
Syria and/or its allies” carried out three air close to the Turkish border or in unfinished
attacks and that a ground rocket attack it buildings, farms and schools, or on the
investigated was carried out by “armed streets. The displaced people lived in
opposition groups or by Hayat Tahrir al- intolerable conditions, with limited access to
Sham”. In October, the Organization for the adequate shelter, food and medication.
Prohibition of Chemical Weapons published The spread of COVID-19 in north-west
two reports into two alleged chemical weapon Syria further exacerbated the conditions and
attacks on Idlib and Aleppo on 1 August challenged humanitarian organizations,
2016 and 24 November 2018, respectively. already struggling to meet needs. On 10
Neither established whether or not chemicals January, the UN Security Council extended
were used as weapons. until July the authorization of the mechanism
Israel continued air attacks targeting the that allowed the UN to deliver humanitarian
Syrian government and Iranian and Hizbullah aid to Syria across the border with Turkey.
forces in Syria. The resolution reduced the geographic scope
In June, the USA adopted the Caesar of the mechanism from four to two crossings,
Syrian Civilian Protection Act imposing Bab al-Hawa and Bab al-Salam. After several
sanctions on Syrian government officials, failed attempts, the UN Security Council on
military officials and business people. 11 July adopted resolution 2533 extending
the UN-facilitated delivery of aid from only
UNLAWFUL ATTACKS Bab al-Hawa for 12 months.
Direct attacks on civilians and civilian objects Government forces continued to impede
by the Syrian government and Russia access to UN humanitarian aid agencies and
Civilians in north-west Syria, including Idlib, Damascus-based international humanitarian
northern Hama and western Aleppo organizations across Syria. A report published
governorates, continued to face air and by Oxfam and the Norwegian Refugee
ground attacks, combined with dire Council in July described the challenges and
humanitarian conditions. Between January obstacles imposed by government forces on
and March, the Syrian government, backed the delivery of humanitarian aid, including
by Russia, subjected civilians to unlawful bureaucratic impediments, interference in
attacks targeting residential areas and civilian humanitarian activities, and restricting
infrastructure, including medical facilities and partnerships with Syrian NGOs and local
schools.1 communities.
Residents, medical workers and teachers
described how they endured relentless
attacks on their homes, hospitals and

346 Amnesty International Report 2020/21


Independent International Commission of
ARBITRARY DETENTION AND ENFORCED Inquiry on the Syrian Arab Republic (UN
DISAPPEARANCES Commission of Inquiry).
The Syrian government continued to subject The SNA arbitrarily detained and abducted
tens of thousands of people, including civilians in Afrin and then tortured and
journalists, human rights defenders, lawyers otherwise ill-treated them for various reasons,
and political activists, to enforced including for criticizing SNA members and for
disappearance. formerly belonging to the PYD-led
It continued to resort to arbitrary detention Autonomous Administration and its security
to suppress peaceful protest and curb and military branch. For example, in August
human rights and humanitarian activities. On armed group members took a 70-year-old
7 June, rare anti-government protests Kurdish man from his home in Afrin and held
erupted in Sweida city in the southwest him for two months after he had verbally
calling for “regime change” and better living condemned the beating of a young man by
conditions after rising unemployment and SNA fighters. They denied him access to his
food prices, amongst other issues, ensued family who had to pay “intermediaries” a
from the economic crisis. Between 9 and 16 significant sum of money for his release. In
June, security forces arbitrarily arrested at addition, the armed group confiscated his
least 11 men for participating in the protests car.
and denied them access to lawyers and their The SNA detained, raped and otherwise
families.2 They were released in July following sexually assaulted women and girls,
pressure by community leaders. according to the UN Commission of Inquiry.
In Daraa and Damascus Countryside
governorates, government forces continued Hay’at Tahrir al-Sham
to arbitrarily detain former humanitarian Hay’at Tahrir al-Sham, which controlled parts
workers, doctors, former civil defence of north-west Syria, arbitrarily detained
members, political activists and local individuals who opposed their rule or
committee leaders even though they had ideology, including media activists,
gone through the so-called reconciliation journalists, medical and humanitarian
agreement and received security clearance. workers, and others. On 20 August, Hay’at
Tahrir al-Sham fighters arbitrarily detained a
ABUSES BY ARMED GROUPS doctor, who was also the director of a medical
Syrian National Army school, for displaying drawings in an art
The Syrian National Army (SNA), a pro- exhibition deemed to violate Shari’a (Islamic
Turkey armed group, perpetrated a wide law).
range of human rights abuses against On several occasions between April and
civilians in Afrin and Ras al-Ayn, including June, Hay’at Tahrir al-Sham violently
looting, confiscation of property, arbitrary dispersed protests by shooting, beating and
detention, abduction, and torture and other detaining protesters. Protests centred on the
ill-treatment. opening of commercial crossings between
The looting and property confiscation Idlib and Aleppo into government-controlled
particularly affected Syrian Kurds, who had areas. On 10 June, according to the Syrian
left the area during hostilities in 2018 and Network for Human Rights, Hay’at Tahrir al-
2019. In some incidents, fighters confiscated Sham beat and verbally abused 13 journalists
homes of remaining civilians after subjecting filming a joint Russian-Turkish patrol on the
them to extortion, harassment, abduction and M4 highway.
torture to force them to leave. They also
threatened and arbitrarily detained people
who filed complaints, forcing them to pay
money for their release, according to the

Amnesty International Report 2020/21 347


to limited resettlement places provided by
ABUSES BY THE PYD-LED AUTONOMOUS western countries, the number of
ADMINISTRATION resettlement submissions by the most
The PYD-led Autonomous Administration vulnerable Syrian refugees fell to 10,056
continued to control some of the compared to 29,562 in 2019, according to
predominantly Kurdish north-east region of UNHCR, the UN refugee agency.
Syria, including Raqqa and Qamishli. It Worsening humanitarian conditions in
arbitrarily detained humanitarian workers, countries neighbouring Syria, with rising
political activists and Arabs. unemployment as well as administrative and
The Syrian Democratic Forces, the military financial obstacles to obtaining or renewing
branch of the Autonomous Administration, residency permits, continued to drive
continued to hold tens of thousands of refugees to return to Syria. Between January
people suspected of affiliation to IS in al-Hol and July, according to UNHCR, 21,618
camp in squalid conditions without access to Syrian refugees organized their own return
legal recourse. from Egypt, Iraq, Jordan, Lebanon and
Turkey.
RIGHT TO HEALTH Displaced people across Syria continued to
The Syrian government failed to adequately live in overcrowded makeshift camps,
protect health workers from COVID-19, or to schools and mosques that did not provide an
provide a robust response to the spread of adequate standard of living. They had limited
the disease and refused to provide access to aid, basic services, clean water,
transparent and consistent information about hygiene, food, health care, education and
the country’s outbreak.3 livelihood opportunities; and were at
Thousands of lives continued to be at risk increased risk of contracting COVID-19.
with no transparent and effective information Between January and March, the military
or testing. Relatives of COVID-19 patients, offensive in north-west Syria led to nearly one
medical professionals and humanitarian million people fleeing to other parts of the
workers said that public hospitals had been country, according to the UN Office for the
forced to turn patients away due to a lack of Coordination of Humanitarian Affairs.
beds, oxygen tanks and ventilators. In Between January and June, 204,000 people
desperation, some residents were forced to had returned to their homes. Thousands
rent oxygen tanks and ventilators at continued to be internally displaced in north-
exorbitant fees. east Syria as a result of the military offensive
The Syrian government’s inadequate launched by Turkey in 2019.
distribution of PPE endangered the lives of Al-Hol camp in al-Hasake governorate
health workers. The Ministry of Health did not hosted the largest number of displaced
publish information about the impact of people where around 65,000 individuals, the
COVID-19 on health workers; the only majority of them women and children, lived
available information is that which the in dire conditions. Because of limited access
Ministry reported to the UN. Syria’s doctors’ to medical care in al-Hol, eight children
union reported that at least 61 health workers under the age of five died between 6 and 10
had died of the disease as of August, while August due to malnutrition-related
official sources reported 15 deaths. complications, dehydration, heart failure,
internal bleeding and other causes,
REFUGEES AND INTERNALLY according to UNICEF. Between January and
DISPLACED PEOPLE August, the water supply from the Alouk
By the end of the year, the number of people water station in areas under the control of
internally displaced in Syria since 2011 had pro-Turkey armed groups was disrupted 13
reached 6.7 million, while 5.5 million people times, cutting supply to residents and
had sought refuge outside the country. Due internally displaced people in al-Hasake city

348 Amnesty International Report 2020/21


as well as in Tel Tamer and surrounding review of Taiwan’s implementation of the
areas, including in al-Hol and other camps. ICCPR and the ICESCR.

RIGHT TO TRUTH, JUSTICE AND MASS SURVEILLANCE


REPARATION In January, the government introduced a
In April, the trial of two former officials of the series of measures aimed at preventing the
Syrian government’s security services spread of COVID-19, some of which
charged with crimes against humanity started threatened the right to privacy. The
at the Higher Regional Court in Koblenz, government established a digital framework
Germany. On 18 September, the Netherlands of mass surveillance and connected
invoked Syria’s responsibility for gross human government databases, such as travel and
rights violations, particularly for torture under health insurance records, for the purposes of
the UN Convention against Torture. Under tracking and tracing. Over 35 government
the Convention, unless Syria and departments were able to constantly monitor
the Netherlands reach an agreement within people’s movement and other activities,
six months, either party may refer the dispute including the purchase of surgical masks,
to the International Court of Justice. through this platform. The government
provided few details about its use of the
DEATH PENALTY platform, nor specified when the data
The death penalty remained in force for collection measures would end.1
many offences. The authorities disclosed little
information about death sentences passed, DEATH PENALTY
and provided no information on executions. Amendments to the Prison Act in January
resulted in changes to the Regulations for the
Execution of the Death Penalty in July. The
1. “Nowhere is safe for us”: Unlawful attacks and mass displacement
in north-west Syria (MDE 24/2089/2020) amended regulations still allowed death
2. Syria: Peaceful protesters detained in Sweida must be released
sentences for individuals with psychosocial or
immediately (Press release, 24 June) intellectual disabilities.2 The authorities made
3. Syria: Lack of adequate COVID-19 response puts thousands of lives no progress towards abolition during the year
at risk (Press release, 12 November) and continued to carry out executions.3

RIGHT TO TRUTH, JUSTICE AND


TAIWAN REPARATION
The National Human Rights Commission
Taiwan established as part of the Control Yuan (the
Head of state: Tsai Ing-wen government supervisory agency regulated by
Head of government: Su Tseng-chang (replaced the Constitution) began work in August. The
William Lai Ching-te in January) commission is composed of members
appointed to act independently and
The government took several measures to mandated to investigate complaints of human
control the spread of the COVID-19 virus, rights violations, including discrimination, as
some of which threatened the right to well as drafting and publishing a national
privacy. Amendments to the Prison Act human rights report and advising government
failed to address concerns about rights of agencies.4
people on death row with psychosocial or
intellectual disabilities. In August, a REFUGEES AND ASYLUM-SEEKERS
National Human Rights Commission was Refugees and asylum-seekers received only
established. In October, the International limited assistance.5 Over 200 people from
Review Committee received reports from Hong Kong arrived in Taiwan seeking asylum
international organizations ahead of its after the enactment of a national security law

Amnesty International Report 2020/21 349


in late June. This highlighted the inadequacy care workers in hospitals, care homes and
of Taiwan’s present legal framework regarding detention facilities was inadequate, as was
refugees, asylum-seekers and others in need protection given to survivors of domestic
of international protection (such as non- and gender-based violence.
refoulement) and led to renewed calls for the
adoption of a Refugee Act. BACKGROUND
The authorities long denied the advent and
INTERNATIONAL SCRUTINY scope of COVID-19 infections, but imposed
On 29 June, the government announced it restrictions, including shutting the borders
was inviting national and international experts and closing all detention facilities to visitors.
to review its implementation of the Remittances (previously comprising a third of
International Covenant on Civil and Political gross domestic product), fell by over 50%
Rights (ICCPR) and the International prompting fears of food shortages. In
Covenant on Economic, Social and Cultural September, the International Monetary Fund
Rights (ICESCR).6 This International Review reported that Tajikistan was experiencing
Committee is expected to gather for its third “severe effects” from the pandemic.
review from 18 to 22 October 2021. President Emomali Rahmon, effectively
uncontested, was re-elected in October.
1. Taiwan: Submission to the International Review Committee on the
domestic implementation of the ICCPR and ICESCR: 3rd reports, (ASA FREEDOM OF EXPRESSION
38/3212/2020) Blocking internet-based information
2. Taiwan: Amendment to the regulations for the execution of the death resources and, intermittently, internet access
penalty: General Comment No. 36 of ICCPR should be included remained popular tools in the authorities’
(Statement, 20 July, Chinese only)
campaign against critical voices. The
3. Taiwan: Second execution under President Tsai (Statement, 2 April, President signed a new Law on Counteracting
English and Chinese)
Extremism in January, granting the
4. Taiwan: Establishment of National Human Rights Commission (Press
authorities wide-ranging powers to restrict
statement, 19 June, Chinese only)
freedom of expression. Thirteen government
5. Taiwan: World Refugee Day (Press statement, 19 June, Chinese only)
agencies were authorized to request the
6. Taiwan: Submission to the International Review Committee on the Communication Service to block websites
domestic implementation of the ICCPR and ICESCR (Press release 23
October 2020, in both English and Chinese)
without judicial review.
In February, the Supreme Court concluded
that the foreign-based independent news

TAJIKISTAN website Akhbor offered a platform to


“terrorists and extremists” and ruled to block
it. This effectively made journalists working
Republic of Tajikistan
for Akhbor members of a banned “extremist”
Head of state: Emomali Rahmon
organization and so liable to prosecution. In
Head of government: Qokhir Rasulzoda
November, Akhbor’s editor-in-chief
stated that he was forced to close down the
The authorities tightly controlled news and website due to security risks to all those
information around the COVID-19 pandemic associated with it, including its readers.
and restricted freedom of expression, The authorities continued to use charges
blaming media and civil society for of “incitement to discord” and “terrorism and
spreading “false” information. The courts extremism” against journalists and bloggers
used counter-terrorism legislation to block who published critical material on politically
access to some independent media outlets sensitive topics.
based abroad. A journalist was imprisoned In April, a court in the capital Dushanbe
for “inciting religious discord”. Personal found independent journalist Daler Sharipov
protective equipment received by health guilty of “inciting religious discord” for

350 Amnesty International Report 2020/21


publishing and disseminating unofficially his PPE was the main reason, as confirmed by
dissertation on Islam and sentenced him to health care workers anonymously on social
one year in prison. The prosecutor argued media, who also complained that authorities
that he had published “extremist” articles had forbidden them from sharing any
and had links to an extremist organization. information about COVID-19. Nonetheless,
Daler Sharipov rejected the charges but the authorities insisted in July that not a
admitted that he might have “made single medical doctor had died from
mistakes” in the dissertation; he did not COVID-19.
appeal his sentence.1 Anonymous sources also reported a lack of
PPE for health care workers in the military,
Media restrictions during the pandemic the penitentiary system, children’s homes
The authorities tightly controlled the narrative and care homes for older people. COVID-19
and messaging around the COVID-19 was of particular concern in detention
pandemic and introduced new legislation centres, criticized by the UN Human Rights
against “false” information about coronavirus Committee in 2019 for chronic overcrowding,
infections. poor sanitary facilities and lack of adequate
In June, Parliament adopted changes to medical care. These conditions, which did
the Administrative Code to punish, with not improve in 2020, facilitated the spread of
substantial fines, journalists, bloggers, and infectious diseases among prisoners.
others for distributing “inaccurate” and After the borders were closed, thousands
“untruthful” information about the pandemic of migrant labourers found themselves
through mass media or social networks. stranded in airports, cars or makeshift camps
The amendments exposed users of mobile at the borders, or in quarantine facilities
messenger apps to prosecution for sharing without access to adequate sanitary and
“unreliable” information and gave the medical facilities.
security services powers to monitor private
correspondence. Those wishing to share their GENDER-BASED VIOLENCE
experiences of COVID-19 on social media The government failed to combat domestic
had to obtain an official certificate confirming violence effectively and ensure adequate
their diagnosis, or risk prosecution for protection to survivors.
distributing “false” information. Crisis centres reported an alarming
increase in cases of domestic and gender-
Prisoners of conscience based violence during the pandemic. The
In April, the health of human rights lawyer Gulrukhsor Women’s Centre in Khudjand,
Buzurgmekhr Yorov sharply deteriorated, with northern Tajikistan, received 142 applications
COVID-19-consistent symptoms. It improved in May alone, a threefold increase from the
but anonymous sources reported some previous month.
months later that his health continued to be In October, a court in Dushanbe found a
fragile and that he was facing punishment young fashion designer guilty of defamation.
from prison authorities for interacting with She had accused her former employer of
fellow prisoners and giving them legal advice. physical violence and verbal threats of rape.
The newspaper that had published her story
RIGHT TO HEALTH was also found guilty of defamation. Both
According to UN agencies in Tajikistan, as of were sentenced to pay financial
8 June, 1,701 health care workers (36% of compensation. The authorities failed to
all those infected in the country) had investigate the allegations despite compelling
contracted COVID-19, including 619 doctors evidence.
and 548 nurses, while Radio Ozodi published
an official list of 10 medical personnel who
died in Khatlon Region. The lack of adequate

Amnesty International Report 2020/21 351


Lesbian, gay, bisexual, transgender and intersex RIGHT TO HEALTH
(LGBTI) people The government withheld information relating
Without access to already very scarce to COVID-19 and disregarded WHO guidance
community resources and support structures, about how governments, health professionals
LGBTI people, in particular young people, and the general public should respond to the
similarly could not leave their homes and pandemic. There was no reliable or prompt
were forced into cohabitation with system of accurate information on the
unsupportive, often abusive, families. pandemic at the end of the year. On 29 April,
the government stopped publishing
information on infection rates. On 5 June, the
1. Tajikistan: Independent journalist imprisoned for a year (EUR
60/2206/2020) President announced that the country was
free of COVID-19, making it harder for
Tanzanians to take adequate steps to protect
TANZANIA themselves from infection.

Prison conditions
United Republic of Tanzania
In April, the President pardoned 3,717
Head of state and government: John Pombe Magufuli
prisoners in line with WHO recommendations
to decongest prisons to limit the spread of
The government restricted the rights to COVID-19. However, prisons remained
freedom of expression, association and overcrowded, putting prisoners’ health at risk.
peaceful assembly in the run-up to the There were 32,438 prisoners, of which
October elections. The President declared 17,974 were on remand; the prison
Tanzania to be COVID-19-free in June. The population was 9% over capacity.
authorities severely restricted media
freedom, claiming they were curbing the DISCRIMINATION – WOMEN AND GIRLS
“spread of false news” on the pandemic. Pregnant girls and young mothers were
Media outlets were shut down for reporting discriminated against in the education sector.
on political events. Pregnant schoolgirls The government continued to ban them from
were banned from mainstream schools and schools and used a World Bank loan –
segregated in alternative education centres. intended for the improvement of girls’
secondary school education – to maintain
BACKGROUND their segregation in alternative learning
On 28 October, Tanzania held its sixth centres, where the four-year lower secondary
general election since the reintroduction of school curriculum was compressed into two
the multi-party system in 1992. In November, years.
the President began his second term in office
following a controversial election. In the run- REPRESSION OF DISSENT
up to, during and after elections, opposition The authorities used legislation to silence
politicians and hundreds of their supporters peaceful dissent and severely restricted the
were arbitrarily arrested and beaten by the right to freedom of expression and media
police, and others were killed. Several freedom, particularly in the run-up to the
politicians, including Tundu Lissu, the elections.
presidential candidate for Chadema, the In April, the Tanzania Communication
main opposition party, and opposition Regulatory Authority (TCRA) fined Star Media
politicians, Lazaro Nyalandu and Godbless Tanzania Limited, Multichoice Tanzania
Lema and his family fled the country after the Limited and Azam Digital Broadcast Limited
elections, fearing persecution. TZS5 million (US$2,150), and ordered them
to apologize for “spreading false and

352 Amnesty International Report 2020/21


misleading information” on the government’s programme designed for the purpose of
handling of the COVID-19 pandemic, an committing an offence”, as well as with
offence contrary to the Tanzania “leading organized crime, and money
Communications Regulatory Authority Act. laundering”. Their cases were adjourned
Later that month, the TCRA suspended more than 10 times by a court in Dar es
Mwananchi, an online newspaper, for six Salaam after the prosecution repeatedly
months and fined it TZS5 million (US$2,150) asked for more time to complete their
for publishing a photo of the President in investigations.
which he appeared to breach physical In July, police arrested Sheikh Issa Ponda,
distancing guidelines. The authorities said an Islamic cleric, in Ilala, a district of Dar es
that Mwananchi had violated the 2018 Salaam. They held him for 10 days for
Electronic and Postal (Online Content) circulating an article which they alleged
Regulations. amounted to incitement and a breach of the
The government penalized newspapers peace during the run-up to an election. In his
and broadcasting stations, particularly article, he had highlighted the need for an
between June and October, for reporting on independent electoral body and had claimed
political events related to the elections. The that Muslims faced discrimination, especially
Tanzania Daima newspaper was given an in recruitment to government jobs. After his
indefinite ban on all print runs and release, people he believed to be police
distribution; the online television network, officers threatened to re-arrest him and in
Kwanza TV, was suspended for 11 months, August he went into hiding, where he
and Clouds TV and Clouds FM Radio were remained at the end of the year.
suspended for seven days.
In August, the TCRA amended the FREEDOM OF ASSOCIATION
Electronic and Postal Communications The government increasingly controlled and
(Radio and Television Broadcast) Regulations prevented the work of NGOs, severely
to limit international media coverage of the restricting the right to freedom of association.
elections. Local broadcasters were obliged to On 24 June, the Registrar of NGOs
obtain the regulator’s permission to air suspended the activities of Inclusive
content produced by, or in collaboration with, Development for Citizens – Tanzania, an
foreign media. The amendments also organization which promoted good
required that foreign journalists be governance. It was accused of failing to
accompanied by government officials while provide details of its 2019 activities, a list of
on assignments. its members and agreements with donors,
among other things, in violation of the Non-
HUMAN RIGHTS DEFENDERS Governmental Organizations Act and NGO
The authorities subjected human rights regulations.
defenders to intimidation, harassment, On the same day, the Registrar issued
threats, arbitrary arrests and detention, and notices to the Tanzania Human Rights
prosecution. Human rights organizations Defenders Coalition (THRDC) and the Legal
faced closure or suspension if they did not and Human Rights Centre (LHRC),
meet excessive requirements imposed by demanding that they explain within seven
legislation and various regulations. days why legal measures, including
Human rights lawyer Tito Elia Magoti and deregistration for flouting NGO laws, should
Theodory Giyani remained in detention not be taken against them. The Registrar also
following their arbitrary arrests in December ordered the LHRC to suspend any election-
2019. They were held in connection with related activities. Following this, the National
their social media activities and charged Electoral Commission (NEC) refused both
under various laws, including the NGOs’ applications to observe the general
Cybercrimes Act, of “possessing a computer elections.

Amnesty International Report 2020/21 353


In August, the THRDC, which comprised Tundu Lissu (see above, Background) was
more than 160 individuals and organizations, arrested the following day. They were all
announced the temporary suspension of its released on bail.
operations after police ordered the freezing of
its accounts for not complying with the Non- UNFAIR TRIALS
Governmental Organizations Act. The THRDC In February, the Resident Magistrate Court of
was accused of entering agreements with Dar es Salaam at Kisutu released
donors without consulting the Office of the investigative journalist Erick Kabendera from
Treasury Registrar and the Office of the prison after he entered a plea bargain
Registrar of NGOs. agreement with the prosecution. He had
been abducted by unidentified men in July
ARBITRARY ARRESTS AND DETENTIONS 2019. Twenty-four hours later, the police
In June, in the Kilwa region, police arrested confirmed he was in their custody. He was
Zitto Kabwe, leader of the ACT-Wazalendo later charged with money laundering and
opposition party, along with seven other party involvement in organized crime.
members. The party said the men were Erick Kabendera was subjected to a
accused of “endangering the peace” while prolonged court trial which was adjourned 16
attending a party meeting which the police times. He said he was tortured in Segerea
said was illegal. They were released on bail prison in Dar es Salaam. He also suffered
the following day and were not given any repeated bouts of illness and was refused
details of their alleged offences. permission to visit his sick mother who died
In July, police arrested Nusrat Hanje, while he was in prison. The court ordered
Secretary General of Chadema’s youth wing, him to pay the Director of Public Prosecution
and five other party members, in the Singida over TZS273 million (US$116,000) to cover,
region west of Dodoma city, after they had among other things, alleged tax evasion debts
hoisted the party’s flag while singing the and a fine. He was required to pay within six
national anthem. Charges against them months or be re-arrested.
included “illegal assembly, ridiculing the In May, police arrested comedian Idris
national flag and the national anthem, and Sultan, and released him 10 days later, on
conduct likely to cause a breach of the bail of TZS15 million (US$6,550). He was
peace.” They were denied bail and detained held in connection with a video he distributed
at Singida prison on 10 July where they on social media in which he allegedly
remained for 133 days, despite the High mocked the President. He was charged with
Court in Dodoma allowing their appeal “failure to register a SIM card previously
against refusal of bail on 26 August. The owned by another person,” and “failure to
Director of Public Prosecution dropped the report change of ownership of a SIM card.”
charges against the six on 23 November. His case was adjourned by the Resident
In August, police arrested Joseph Mbilinyi, Magistrate Court of Dar es Salaam at Kisutu
who was running as a parliamentary at least nine times and remained pending at
candidate for the Mbeya Urban constituency the end of the year.
and accused him of holding an unauthorized
demonstration. He was arrested on his way to RIGHT TO TRUTH, JUSTICE AND
collect nomination forms from the regional REPARATION
NEC offices. He was released the same day In June, Parliament passed the Written Laws
without charge. (Miscellaneous Amendments) Act No. 3 of
In November police arrested and charged 2020 which, among other things, required
Freeman Mbowe, the chairman of Chadema claimants, under the Basic Rights and Duties
and three party members with “terrorism Enforcement Act, to submit affidavits showing
offences” for calling for countrywide protests that violations had affected them directly. It
against the conduct of the October elections. therefore undermined public interest lawsuits

354 Amnesty International Report 2020/21


and government accountability for human extended it until the end of December. The
rights violations. extensive powers granted to authorities under
the Emergency Decree were used to repress
dissent and prosecute students and activists
THAILAND who led and took part in peaceful
assemblies. In October, authorities declared a
Kingdom of Thailand “severe” state of emergency, granting more
Head of state: Maha Vajiralongkorn powers to police, before revoking the order
Head of government: Prayut Chan-O-Cha the following week. In November, the
government convened an extraordinary
Authorities repressed peaceful protesters, parliamentary session to discuss cross-party
and detained and launched criminal solutions to ongoing protest gatherings amid
proceedings against human rights talks of constitutional reform.
defenders, opposition politicians and other
critics for joining peaceful assemblies and ENFORCED DISAPPEARANCES
expressing critical views of the government, In January, the State Prosecutor, citing lack of
the Constitution, and the monarchy. A evidence, dropped the charges of
series of demonstrations took place in premeditated murder and illegal detention
Bangkok and other cities. Official measures against Kaeng Krachan National Park officials
to control the COVID-19 pandemic left who had been accused of the enforced
refugees at heightened risk of refoulement. disappearance of environmental activist
The courts handed down death sentences, Pholachi “Billy” Rakchongcharoen in 2014.2
including for murder; a number of death In June, unknown individuals abducted
sentences were commuted by royal pardon Wanchalearm Satsaksit, a Thai blogger who
to life imprisonment. was exiled in Cambodia.3 Thai authorities did
not reveal whether they had worked with the
BACKGROUND Cambodian government to investigate his
Under the Organic Law on Political Parties, enforced disappearance, nor did they
the Constitutional Court ruled in February to announce whether they took any initiatives to
dissolve the Future Forward party, a new ascertain his fate and whereabouts. At least
opposition party that had won 81 seats in the eight other Thai activists who had sought
2019 elections. The move was widely seen as exile in neighbouring countries were
politically motivated.1 The dissolution abducted or disappeared between 2016 and
triggered public criticism of the government 2019.
and calls for constitutional reform. Authorities
announced criminal proceedings against the TORTURE AND OTHER ILL-TREATMENT
party leader and other executives, 16 of In March, Amnesty International reported a
whom were prohibited from competing in pattern of torture and other ill-treatment,
elections for 10 years. including sexual violence, against military
Prime Minister Prayut Chan-O-Cha issued conscripts at the hands of their commanding
an Emergency Decree in March which gave officers.4 No investigations were known to
government agencies authority to enforce have been conducted by the military’s
specific actions meant to curb the spread of command structure into such allegations.
COVID-19. The government also issued a list The Council of State finalized its latest
of prohibitions accompanying the Emergency review of legislation criminalizing torture and
Decree, which included vague and overly enforced disappearance in September. The
broad restrictions on the right to freedom of bill was not tabled by the cabinet for
expression. parliamentary discussion.
The Emergency Decree was initially set to People detained in the three southern
expire after 30 April, but the government provinces of Pattani, Yala and Narathiwat,

Amnesty International Report 2020/21 355


where martial law and the Emergency Decree commentators in four separate cases after
remained in force, reported the use of torture years of criminal proceedings initiated by
and other ill-treatment amid an ongoing authorities and corporations against them for
insurgency against the central government. alleged online defamation.6 The courts
confirmed that their social media posts on
REPRESSION OF DISSENT alleged labour abuses or political comment
In July, students led protests in the capital, were lawful criticisms made in the public
Bangkok, and across the country to demand interest.
the resignation of the Prime Minister, the The authorities continued to charge
revision of the Constitution, and reform of the dozens of individuals under the broad and
monarchy so that it would be subject to legal, vaguely-worded provisions of the Computer
political and fiscal oversight. The government Crime Act for opinions posted online.7 Among
responded by enforcing restrictive laws and these, authorities targeted an artist for his
using its extensive powers under the Facebook post about airport screening for
Emergency Decree to unduly restrict peaceful COVID-19, and a social media user for his
assemblies. tweets about the royal motorcade.
In October, the government announced In August, Facebook announced that they
additional emergency measures to address had complied with a request from the
what it called “illegal public assemblies” and authorities to restrict access to the Royalist
the alleged obstruction by protesters of the Marketplace, an anti-monarchist Facebook
royal motorcade. An estimated 220 group, despite deeming that the order
individuals who had participated in the “contravene[s] international human rights
protests, including children, were detained or law”.8 Authorities also sought to censor the
faced criminal proceedings, including for media, including by requesting court
alleged sedition, lèse majesté, computer permission to shut down five online media
crimes and breaching emergency measures.5 outlets in relation to their coverage of
Five activists faced life imprisonment for peaceful demonstrations.
charges under Article 110 of the Criminal
Code for “intending to cause harm to the HUMAN RIGHTS DEFENDERS
Queen’s liberty”; they remained free on bail. In July, the civil court granted class action
The demonstrations were overwhelmingly status to a lawsuit brought by more than 700
peaceful, but there were instances when Cambodian families who sued Thai sugar
police used excessive and unnecessary force company Mitr Phol after being forcibly
to disperse the protesters. In October and evicted from their homes in north-western
November, police used water cannons laced Cambodia from 2008 to 2009.9
with a chemical irritant and threw tear gas Community-based human rights groups
canisters towards peaceful protesters. reported experiencing harassment and
Children attending demonstrations threats of criminal proceedings from
reported receiving threats of expulsion from authorities for planning or taking part in
school and other forms of pressure and peaceful protests.
harassment from teachers and school Despite the adoption of a National Action
executives to prevent them from joining the Plan on Business and Human Rights, the
protests. Some reported school authorities government failed to prevent Strategic
hitting them, confiscating their belongings Litigation Against Public Participation
and requiring their attendance at meetings (SLAPP) lawsuits filed by corporations and
with authorities. other business entities to silence human
rights defenders. While courts dismissed
FREEDOM OF EXPRESSION some of these SLAPP lawsuits against human
At the beginning of the year, courts acquitted rights defenders, corporations filed new ones.
14 human rights defenders and online

356 Amnesty International Report 2020/21


The rights to freedom of expression and
REFUGEES, ASYLUM-SEEKERS AND peaceful assembly were restricted. The
MIGRANTS police used excessive force, notably while
Authorities delayed the implementation of a enforcing COVID-19 restrictions. Health
National Screening Mechanism for refugees workers protested against the lack of PPE
and asylum-seekers that came into force in and poor conditions, while prisoners were at
June. risk of COVID-19. Violence against women
Migrants and refugees were subjected to persisted.
indefinite arbitrary detention and
overcrowding in detention facilities, BACKGROUND
increasing their risk of COVID-19 infection. In February, the President was re-elected for
Fifty Uyghur men remained indefinitely a fourth term while the opposition denounced
detained in poor conditions in immigration alleged electoral fraud and irregularities. The
detention facilities, pending proof of their presidential contender, Agbéyomé Kodjo,
nationality from Turkey or China. declared himself President. He was charged
During the year boats with hundreds of with “disturbing public order” and
Rohingya refugees were stranded at sea for “undermining internal state security” after he
months with inadequate food, water and called on the army to mobilize against the
health care. Thai authorities put lives at risk government. His parliamentary immunity was
by preventing disembarkation and by lifted and, in April, he was detained for three
reportedly pushing boats back to sea. days. Upon release, he was placed under
judicial supervision. His supporters also
faced arrest and prosecution.
1. Thailand: Authorities must reverse dissolution of opposition Future
Forward Party (News story, 21 February) The government implemented measures
2. Thailand: Six years after Billy disappeared, authorities must provide
which restricted the rights to freedom of
justice and protect his community’s rights (ASA 39/2155/2020) movement and peaceful assembly, and
3. Cambodia: Investigate whereabouts of missing Thai dissident (News released 1,048 prisoners in response to the
story, 5 June) COVID-19 pandemic.
4. “We were just toys to them”: Physical, mental and sexual abuse of
conscripts in Thailand’s military (ASA 39/1995/2020) ARBITRARY ARRESTS AND DETENTIONS
5. Thailand: Drop unjustified charges and release peaceful protesters Brigitte Kafui Adjamagbo and Gérard Yaovi
(News story, 24 October) Djossou, members of a coalition of opposition
6. Thailand: Oppose defamation charges against human rights parties and civil society organizations, were
defenders for exposing labour abuses (ASA 39/1846/2020) arrested by police in November and charged
7. They are always watching”: Restricting freedom of expression online with “criminal conspiracy” and “undermining
in Thailand (ASA 39/2157/2020)
the internal security of the state” in
8. Thailand: Facebook caves to abusive censorship requests (News connection with protests against the
story, 25 August)
presidential election results and harassment
9. Amicus curiae in the case of Hoy Mai & Others vs. Mitr Phol Co. Ltd of opponents. They were released
(ASA 39/2753/2020)
conditionally after around three weeks in
detention.

TOGO TORTURE AND OTHER ILL-TREATMENT


The use of torture continued in police
Togolese Republic detention. On 23 April, police arrested Kokou
Head of state: Faure Gnassingbé Langueh. He said that while he was held at
Head of government: Victoire Tomegah Dogbe (replaced the Central Directorate of Judicial Police
Komi Sélom Klassou in September)
headquarters in Lomé, police beat him on his
back and buttocks for several hours to extract
a “confession” about his connections with

Amnesty International Report 2020/21 357


Agbéyomé Kodjo. He was released on 30
April without charge. EXCESSIVE USE OF FORCE
The security forces used excessive force
FREEDOM OF EXPRESSION while enforcing COVID-19 measures or
The authorities continued to restrict the right dispersing peaceful protesters.
to freedom of expression. In January, the new In March, Émile Bousse was shot dead by
Press and Communication Code allowed for a soldier in Agoègan on the Togo/Benin
journalists to be punished with hefty fines for border. He had refused to comply with orders
insulting the President, MPs, and when he was arrested for crossing the border
government members. which was closed because of the COVID-19
In February, the internet was shut down on pandemic. The Security Ministry said the
polling day. Meanwhile, the electronic soldier was arrested.
communications of human rights defenders, In April, Gueli Kodjossé died from his
activists and others were put under injuries in the Avedji district in Lomé, the
surveillance. capital. The Minister of Security said that he
In March, the High Authority of died as a result of his epilepsy. However, his
Audiovisual Communication ordered the family said he was not epileptic, but was
suspension of the Liberté and L’Alternative beaten to death by security forces during the
newspapers for 15 days and two months curfew. Dodji Koutouatsi was beaten to death
respectively because they had published in April by security forces when he went out
“serious, unfounded, and derogatory” during the curfew.
accusations against the French ambassador. In the same month, the authorities opened
After the Fraternité newspaper published an investigations into the killings of people at the
article criticizing the suspensions, it was also hands of law enforcement agents policing the
suspended for two months. COVID-19 curfew.
In April, François Doudji and Béni Okouto In May, Agbendé Kpessou was shot dead
of the Collective of Associations against in Avedji by a police officer for disobeying an
Impunity in Togo, and a journalist, Teko- order during an altercation with two soldiers.
Ahatefou Aristo, were arrested while they The authorities launched an investigation but
were monitoring a police intervention at there was no further information about its
Agbéyomé Kodjo’s house. They were progress at the end of the year.
interrogated at the Central Intelligence and Security forces killed one person and
Criminal Investigation Service and released injured several others when they used tear
the same day. gas canisters to disperse a traditional
In November, L’Alternative newspaper and celebration in the Prefecture of Doufelgou in
its publications director were each fined September.
XOF2 million (US$3,702) for defamation and
ordered to compensate financially the RIGHT TO HEALTH
complainant in relation to a story about Health workers
misappropriation of funds. Health workers lacked adequate PPE and
denounced the lack of an incentive bonus. In
FREEDOM OF ASSEMBLY August, staff at Lomé University Hospital
The police prevented the Mandela Centre threatened to go on strike and
Consciousness Movement from holding its demonstrated at the hospital premises calling
official organizational launch in July, without for PPE and better sanitary conditions. In
providing a reason. September, the authorities provided all
The authorities banned peaceful protests medical staff with health care insurance. In
and meetings, including protests related to November, the government announced a
the disputed election results, particularly one-off XOF50,000 (around US$92) bonus
between August and October. for all health workers.

358 Amnesty International Report 2020/21


Prisoners RIGHTS OF REFUGEES, ASYLUM-
After 6% of 283 prisoners tested positive for SEEKERS AND MIGRANTS
COVID-19 at Lomé prison, a group of inmates The authorities continued to fail to implement
started a riot demanding their release or national refugee legislation or to provide other
relocation to safer detention facilities. Guards ways for Venezuelans in need of international
quelled the protest with tear gas. protection to regularize their status in the
country.
VIOLENCE AGAINST WOMEN AND GIRLS Authorities denied calls for migrants and
The UN Population Fund recorded 839 cases asylum-seekers held in immigration detention
of gender-based violence, including 13 rapes, solely for irregular entry or while waiting for
between January and June. Women and girls their asylum claims to be heard to be
were increasingly at risk of domestic violence released as a measure to protect them from
when COVID-19 measures restricted their COVID-19.1
movement. In July, the Minister of National Security
claimed that “illegal immigrants” and
business people who “trafficked”
TRINIDAD AND Venezuelans into the country presented a
potential health risk due to COVID-19. He

TOBAGO issued a hotline number for reporting


suspected cases and said that Venezuelans
who had registered and were given legal
Republic of Trinidad and Tobago residency and the right to work under a
Head of state: Paula-Mae Weekes
government registration process in 2019 and
Head of government: Keith Christopher Rowley
who were found to be “harbouring” irregular
migrants could have their residency revoked
The authorities continued to forcibly return and face deportation.
Venezuelans seeking international During the year, a group of approximately
protection, in violation of international 25 human rights organizations sent two Open
human rights law. The government passed Letters to the Prime Minister urging him to
amendments to the law on domestic consider re-opening the registration process
violence but failed to extend those and stop sending people back to danger.
protections to people in same-sex Nevertheless, throughout the year authorities
relationships. continued to forcibly return Venezuelans. In
July, the authorities deported approximately
BACKGROUND 165 Venezuelans, in violation of international
In March, in an attempt to curb the spread of human rights law.2
COVID-19, the authorities closed the borders In September, just days after a UN-
to all international travellers, including appointed Independent International Fact-
nationals, many of whom were stranded Finding Mission on Venezuela found
overseas. Those who returned were required reasonable grounds to believe that the
to quarantine. authorities there had committed grave
Trinidad and Tobago failed to sign the UN human rights violations that could amount to
Convention against Torture or the crimes against humanity, the authorities of
International Convention for the Protection of Trinidad and Tobago sent another 93
All Persons from Enforced Disappearance. Venezuelans back to the human rights and
humanitarian situation they were fleeing,
violating their obligations of non-
refoulement.3

Amnesty International Report 2020/21 359


Similarly, in November, authorities Jason Jones case before taking a position on
deported at least 16 children and an providing protections for LGBTI people in
estimated 12 adults to Venezuela, who were other areas of law.
later returned to Trinidad following an outcry.4
The Inter-American Commission on Human DEATH PENALTY
Rights subsequently granted some of the Trinidad and Tobago continued to punish
children precautionary measures. In murder with the mandatory death penalty.
December, according to UNHCR between 14
and 21 children and adults died or were
1. Americas: Governments must halt dangerous and discriminatory
missing after a boat was shipwrecked detention of migrants and asylum seekers (Press release, 2 April)
reportedly on its way to Trinidad from 2. Trinidad and Tobago: Deportation of 165 Venezuelans violates
Venezuela.5 international law (Press release, 6 August)
3. Open letter to the Prime Minister of Trinidad and Tobago (AMR
GENDER-BASED VIOLENCE 49/3188/2020)
Throughout the year, civil society 4. Trinidad & Tobago: Return of deported children gives government
organizations and women’s human rights second chance to do the right thing (Press release, 25 November)
defenders protested about widespread 5. Trinidad and Tobago and Venezuela: Policies from both governments
gender-based violence. put lives at risk (Op ed, 16 December)
In January, the Police Service established
a Gender-based Violence Unit as a response
to the ongoing problem of domestic violence.
In June, for the first time in 21 years, the
TUNISIA
government passed amendments to the Republic of Tunisia
Domestic Violence Act. Head of state: Kaïs Saïed
In August, civil society widely condemned Head of government: Hichem Mechichi (replaced Elyes
a brutal attack on a Venezuelan teenager and Fakhfakh in September, who replaced Youssef Chahed
reiterated calls for the authorities to take in February)
steps to stop all types of gender-based
violence and discrimination. Bloggers and social media users were
investigated or prosecuted for the peaceful
RIGHTS OF LESBIAN, GAY, BISEXUAL, online expression of their views, including
TRANSGENDER AND INTERSEX (LGBTI) for criticizing the government’s approach to
PEOPLE dealing with COVID-19. Protests were
The government continued to appeal against staged against insufficient government aid
a landmark High Court judgement in 2018 and protection of health workers during the
(Jason Jones v. Attorney General of Trinidad pandemic. Refugees and asylum-seekers
and Tobago) that decriminalized sexual were detained for irregular entry into
activity between consenting adults of the Tunisia. Arbitrary detention of
same sex. The government indicated that it undocumented migrants in reception
intended to have this case heard by the centres continued. Lesbian, gay, bisexual,
country’s highest appellate court, the Judicial transgender and intersex (LGBTI) people
Committee of the Privy Council in the UK. were arrested and detained for consensual
In amending the Domestic Violence Act, same-sex sexual relations. The government
the government failed to extend protections published in the official gazette the final
to same-sex couples, despite proposals from report of the Truth and Dignity Commission,
a Senator and civil society to do so. The and trials continued before specialized
Attorney General, on the floor of Parliament criminal chambers of people accused of
during a Senate debate on the bill, indicated human rights violations committed between
that the government was awaiting the 1956 and 2013.
outcome of the appeal of the ruling in the

360 Amnesty International Report 2020/21


In April, police arrested two bloggers, Anis
BACKGROUND Mabrouki and Hajer Awadi, after they
After legislative and presidential elections in criticized on Facebook local authorities’
October 2019, a new coalition government distribution of aid during lockdown. On 13
headed by Elyes Fakhfakh took office on 27 April, the prosecution of the Court of First
February. Following allegations of corruption, Instance of El-Kef city charged Hajer Awadi
Elyes Fakhfakh resigned on 15 July. with “insulting a civil servant” under Article
President Kaïs Saïed tasked former Minister 125 of the Penal Code and “causing noises
of Interior Hichem Mechichi to form a new and disturbances to the public” under Article
government, which took office on 2 316, in reference to an altercation that took
September. place between her and a police officer who
The country was put under a general tried to stop her from filming live on the
lockdown from 22 March to 4 May to control street.2 She was detained until 20 April when
the spread of COVID-19. The government the court sentenced her to a suspended 75-
allocated TND450 million (US$155 million) in day prison term. On 15 April, Anis Mabrouki
aid for poor families and people who had lost was charged with “causing noises and
their income due to the pandemic, and disturbances to the public” and “accusing
adopted other measures to support public officials of crimes related to their jobs
businesses and low-income workers. without furnishing proof of guilt.” He was
Protests continued over the lack of detained until the Court of First Instance in
employment opportunities, poor living Manouba city acquitted him on 30 April.
conditions and water shortages, particularly In July, the Court of First Instance of Tunis
in marginalized and underdeveloped regions. sentenced blogger Emna Chargui to six
People financially impacted by the COVID-19 months in prison after convicting her on
crisis protested in several governorates, charges relating to a satirical social media
accusing local authorities of corruption and post she shared that was deemed “offensive
demanding a more transparent distribution of to Islam”. The charges were “inciting hatred
government aid. between religions through hostile means or
The Constitutional Court, which was due to violence” and “offending authorized
be set up in 2015, was still not established as religions” under Articles 52 and 53 of the
Parliament once again failed to elect the first Press Code, respectively.3 On 8 October
third of the Court’s members. 2020, Myriam Bribri, an anti-impunity
The authorities renewed four times the activist, appeared before the Court of First
nationwide state of emergency in place since Instance in Sfax after being charged the
November 2015. same day under Article 86 of the
Telecommunications Code following a
FREEDOM OF EXPRESSION complaint from the Secretary General of a
At least nine bloggers and social media users security forces union in Sfax, accusing her of
were investigated or faced criminal “insulting the police”.
prosecutions for publishing online posts
critical of local authorities, the police or other FREEDOM OF ASSEMBLY
state officials under restrictive Penal Code In June, police used unnecessary and
and Telecommunications Code provisions excessive force when dispersing a peaceful
that criminalize “insult”. In five of these cases three-week protest known as the El-Kamour
the people were detained for periods ranging sit-in in the southern governorate of
between a few hours and two weeks. Police Tataouine. The sit-in blocked all roads to the
unions openly threatened to press charges El-Kamour oil pump station which stopped all
against people for legitimate criticism of work at the station. Overnight on 20/21 June,
police conduct.1 police fired tear gas recklessly in densely
populated residential areas with some

Amnesty International Report 2020/21 361


canisters landing inside homes and near to a oppression and corruption prevalent in
hospital. Patients, health workers, hospital Tunisia for 60 years and made
staff and soldiers guarding the hospital were recommendations for reform.
exposed to tear gas which caused them Trials of people accused of human rights
breathing difficulties. At least 11 protesters violations perpetrated between 1956 and
who were arbitrarily arrested during the 2013, referred by the Commission, continued
dispersal said they were insulted, kicked, before specialized criminal chambers, albeit
dragged along the ground, beaten with at a slow pace with frequent adjournments.
batons or firearm butts, even when they did Victims, and relatives of victims who had
not resist. Injured protesters were left in died, continued to await implementation of
police stations for hours before being taken to the reparation programme set up by the Truth
hospital to receive urgent medical care.4 and Dignity Commission. The government
established a reparations fund in June that
WOMEN’S RIGHTS was activated on 24 December. The
On 15 March, the Supreme Judicial Council reparations included financial compensation,
postponed all civil case hearings, including rehabilitation, professional integration or
family law cases, on the grounds that all but education, the restitution of rights and official
“emergency or necessary” court proceedings apologies.
were suspended. This hindered women’s The first hearing in the trial of customs
access to justice because “emergency” cases officials accused of killing Aymen Othmani in
as specified by the Ministry of Justice and the 2018 was held on 21 January at the Tunis II
Supreme Judicial Council did not take into Court of First Instance. The two officials
account the situation of women as they charged with manslaughter and three others
excluded matters relating to domestic abuse, charged with failure to provide assistance
custody of children, alimony and protective were not present at the hearing. Aymen
measures dealt with by a family judge. Othmani died in Sidi Hassine neighbourhood
According to the UN Entity for Gender of Tunis, the capital, after customs officials
Equality and the Empowerment of Women, fired live bullets during a raid on a
helplines and shelters for survivors of contraband warehouse. According to the
violence reported a sharp increase in calls for forensic report, Aymen Othmani was shot in
help and requests for emergency shelter the back and upper leg.
during the pandemic. Between 23 March
and 31 May, 9,800 calls were recorded on RIGHT TO HEALTH
the Ministry of Family’s toll-free numbers, Between March and September, health
nine times more than usual. Of these, 2,700 workers in hospitals in Kasserine, Sfax, Tunis
concerned cases involving violence. and other governorates staged protests
According to women’s rights organizations, against the authorities’ failure to protect them
police failed in many cases to provide the against COVID-19 at work. The Health
necessary response to women at risk of Workers Union protested against the lack of
domestic violence during lockdown. sufficient personal protective equipment
(PPE) in health facilities and criticized the
RIGHT TO TRUTH, JUSTICE AND government for failing to address their needs.
REPARATION In response to this, in September, the union
On 24 June, and after a delay of a year, the and the Ministry of Health reached an
government finally published in the official agreement that included a commitment from
gazette the report of the Truth and Dignity the government to provide PPE for health
Commission, the entity that looked into workers, consider COVID-19 an occupational
human rights violations perpetrated between disease and give health workers priority in
1956 and 2013. The report exposed the COVID-19 testing procedures.
multi-layered and intricate system of

362 Amnesty International Report 2020/21


the police officer and Rania Amdouni which
RIGHTS OF REFUGEES, ASYLUM- attracted attention from passers-by who then
SEEKERS AND MIGRANTS attacked her and three of her friends. The
Authorities continued to arrest and detain, police stood by, failing to intervene to stop the
without legal grounds, undocumented attack and inciting the violence by using
migrants and asylum-seekers. At least 50 homophobic and transphobic insults. The
migrants from sub-Saharan countries were four pressed charges and an investigation
detained arbitrarily between March and was opened. Although the identity of the
September in the Ouardia Reception and police officers involved was known, they were
Orientation Centre in Tunis. In June, a group not suspended or arrested following the
of 22 migrants detained in the Centre filed an investigation.
urgent complaint before the Tunis
Administrative Court challenging their DEATH PENALTY
arbitrary detention. On 10 July, the Court Death sentences were handed down; there
issued an order to suspend the detention of were no executions.
the migrants. The Ministry of Interior In September, President Saïed said he was
gradually released the detainees between in favour of resuming executions during a
July and September. The Ouardia Centre National Security Council meeting.
continued to receive migrants and asylum-
seekers, and remained overcrowded with at
1. Tunisia: Freedom of expression at risk as prosecutions rise (Press
least 50 detainees sharing five rooms, two release, 9 November)
bathrooms and a communal eating area. 2. Tunisia: End prosecution of bloggers for criticizing government's
These conditions made it impossible to response to COVID-19 (Press Release, 21 April)
prevent the spread of COVID-19, posing a 3. Tunisia: Blogger Emna Chargui sentenced to six months in prison for
grave risk to the health of all those who social media post (Press release, 15 July)
worked and stayed there.5 4. Tunisia: Authorities must investigate excessive use of force in
Tataouine (MDE 30/2747/2020)
RIGHTS OF LESBIAN, GAY, BISEXUAL, 5. Tunisia: Release immigration detainees amid COVID-19 pandemic
TRANSGENDER AND INTERSEX (Press release, 29 April)
(LGBTI) PEOPLE
LGBTI people continued to be arrested and
prosecuted under laws that criminalize
consensual same-sex sexual relations,
TURKEY
“indecency” and acts deemed “offensive to Republic of Turkey
public morals”. According to DAMJ, the Head of state and government: Recep Tayyip Erdoğan
Tunisian Association for Justice and Equality,
between January and October, courts The judiciary disregarded fair trial
convicted at least 15 men and one woman guarantees and due process and continued
under Article 230 of the Penal Code, which to apply broadly defined anti-terrorism laws
criminalizes “sodomy”. to punish acts protected under international
Transgender people faced police human rights law. Some members of the
harassment and continued to live with the judiciary and legal profession were
risk of arrest under vague “public decency” subjected to sanctions for the legitimate
articles of the Penal Code, including Article exercise of their professional duties. The
226bis. judicial harassment of individuals such as
On 5 August, a police officer verbally journalists, politicians, activists, social
abused Rania Amdouni, a feminist LGBTI media users and human rights defenders for
rights activist and President of the association their real or perceived dissent continued.
Chouf Minorities, in the centre of downtown Four human rights defenders, including
Tunis. This led to a verbal altercation between Taner Kılıç, were convicted in the baseless

Amnesty International Report 2020/21 363


Büyükada trial. Despite his acquittal in the services unavailable in Turkey. In December,
Gezi trial and a European Court of Human YouTube announced it was setting up a legal
Rights (ECtHR) ruling for his release, entity in the country.
Osman Kavala remained in prison.
Comments by a senior state official against STATE OVERREACH
LGBTI people were endorsed by some Judiciary and lawyers
government officials, including President A disciplinary investigation initiated by the
Erdoğan. The ruling party threatened to Council of Judges and Prosecutors against
withdraw from the Istanbul Convention. the three judges who on 18 February
Legal amendments introduced in the acquitted the Gezi trial defendants, including
context of COVID-19 excluded from early civil society leader Osman Kavala, was
release individuals who had been unjustly ongoing at the end of the year. The
convicted under anti-terrorism laws and investigation followed the President’s public
those held in pre-trial detention. Credible criticism of the acquittal decision.
reports of torture and other ill-treatment In July, Parliament passed a law changing
continued to be made. the structure of bar associations. Thousands
of lawyers protested and 78 out of 80 bar
BACKGROUND associations signed a statement opposing the
In February, Turkey launched a military reform. The new law weakens the
operation (Spring Shield) against Syrian associations’ authority and independence.
forces after Syrian air strikes killed 33 Turkish Criminal investigations targeting lawyers for
soldiers in Idlib, Syria (see Syria entry). representing clients accused of “terrorism-
Concurrently, Turkey declared its borders related offences” continued.
with the EU open, and encouraged and In September, police detained 47 lawyers
facilitated the transportation of thousands of on suspicion of “membership of a terrorist
asylum-seekers and migrants to Greece’s organization”, based solely on their work. At
land borders. Greek forces responded with least 15 lawyers were remanded in pre-trial
violent pushbacks, resulting in at least three detention. Also in September, the Court of
deaths. In April, the government used the Cassation upheld the prison sentences of 14
COVID-19 crisis to further crack down on the lawyers from the Progressive Lawyers
opposition, banning several opposition-run Association, prosecuted under terrorism-
municipal donation campaigns and related legislation.
launching investigations into pandemic
fundraising efforts by the mayors of Istanbul REPRESSION OF DISSENT
and Ankara. Criminal investigations and prosecutions
In March and again in October, due to the under anti-terrorism laws and punitive pre-
COVID-19 pandemic, the Ministry of Health trial detention continued to be used, in the
prohibited health workers from resigning. The absence of evidence of criminal wrongdoing,
measure was initially foreseen for a three- to silence dissent.
month period but was later extended until Under the guise of combating “fake
further notice. news”, “incitement” or “spreading fear and
In November and December, social media panic”, the authorities used criminal law to
companies, including Facebook, Twitter and target those discussing the COVID-19
Instagram, were fined 40 million Turkish liras pandemic online. The Cyber Crimes Unit of
(more than €4 million) each for failing to the Interior Ministry alleged that 1,105 social
appoint a legal representative in Turkey as media users had made “propaganda for a
required by the amended law on social terrorist organization”, including by “sharing
media. Companies failing to meet legal provocative COVID-19 posts” between 11
obligations will face further sanctions, March and 21 May; reportedly 510 were
including reduced bandwidth, making their detained for questioning.

364 Amnesty International Report 2020/21


In October, the President targeted the and not to be subjected to the misuse of
Turkish Medical Association (TTB) and called limitations on rights had been violated.
its new chair “a terrorist” after the TTB In December, Parliament passed a new
repeatedly criticized the government’s law ostensibly to prevent the financing of the
response to COVID-19. proliferation of weapons of mass destruction,
In April, as COVID-19 spread in the with severe consequences for civil society
country, the government amended the law on organizations. The law included allowing the
the execution of sentences, enabling the removal of individuals facing prosecution
early release of up to 90,000 prisoners. under anti-terrorism laws from boards of
Specifically excluded were prisoners in pre- NGOs to be replaced with government-
trial detention and those convicted under appointed trustees.
terrorism laws.
Abusive investigations and prosecutions FREEDOM OF EXPRESSION
targeting former parliamentarians and Journalists and other media workers
members of opposition parties continued. In remained in pre-trial detention or served
June, an Istanbul Appeals Court upheld the custodial sentences. Some prosecuted under
conviction of Canan Kaftancıoğlu, Istanbul anti-terrorism laws were convicted and
Provincial Chairperson of the opposition sentenced to years of imprisonment, their
Republican People’s Party (CHP). She was legitimate work presented as evidence of
sentenced to nine years and eight months in criminal offences.
prison for “insulting the President” and In March, police detained at least 12
“insulting a public official”, “inciting enmity journalists for their reporting of the COVID-19
and hatred” and “making propaganda for a pandemic, including journalist and human
terrorist organization”. The sentence referred rights defender Nurcan Baysal, who
to tweets she had shared seven years earlier. was accused of “inciting the public to enmity
The case was pending before the Court of and hatred” for her social media posts. Six
Cassation at year’s end. journalists were imprisoned for their reporting
In October, 20 former and current on the funeral of two alleged intelligence
members of the pro-Kurdish Peoples’ officers from the Turkish National Intelligence
Democracy Party (HDP), including the Mayor Agency (MIT) killed in Libya. In May, the six
of Kars city, Ayhan Bilgen, were remanded in detained and one other journalist were
pre-trial detention for their alleged role in indicted for “revealing the identities of
violent protests in October 2014. The intelligence officers”. In September, five of
accusations were largely based on social them received prison sentences for
media posts from the official HDP twitter “publishing intelligence information”.
account at the time. Following the remand in Journalists Alptekin Dursunoğlu and Rawin
pre-trial detention of Ayhan Bilgen, the Sterk Yıldız, detained for their social media
Ministry of Interior on 2 October appointed posts in March, were released at their first
the Kars Governor as trustee to Kars hearing in March and September
Municipality. Former co-chairs Selahattin respectively. Their cases continued at the
Demirtaş and Figen Yüksekdağ remained in end of the year.
pre-trial detention as part of the same
investigation since September 2019. A new HUMAN RIGHTS DEFENDERS
indictment was pending at the first instance Dozens of human rights defenders faced
court at the end of the year, days after the criminal investigations and prosecutions for
ECtHR’s Grand Chamber called for the their human rights work.
immediate release of Selahattin Demirtaş, In July, the Büyükada trial of 11 human
finding that his rights to freedom of rights defenders concluded with the court
expression, liberty and security, free elections convicting Taner Kılıç of “membership of the
Fethullah Gülen Terrorist Organization

Amnesty International Report 2020/21 365


(FETÖ)”, sentencing him to six years and “membership of a terrorist organization”,
three months’ imprisonment; İdil Eser, Günal based on his human rights work. An appeal
Kurşun and Özlem Dalkıran were sentenced was pending at the end of the year.
to “one year and 13 months” for “knowingly In October, following a 2019 report by the
and willingly supporting FETÖ”. The research group Forensic Architecture, the
remaining seven defendants were acquitted. trial of three police officers and an alleged
On 1 December, a regional appeals court member of the armed Kurdistan Workers
upheld the convictions of the four defenders, Party (PKK) accused of killing human rights
who appealed to the Court of Cassation. lawyer Tahir Elçi began almost five years after
In February, Osman Kavala and eight other his death in Diyarbakır. The officers faced
civil society figures were acquitted of all charges of “causing death by culpable
charges including “attempting to overthrow negligence”.
the government” and allegedly “directing”
the 2013 Gezi Park protests. However, RIGHTS OF LESBIAN, GAY, BISEXUAL,
Osman Kavala was detained on new charges TRANSGENDER AND INTERSEX (LGBTI)
just hours after his release. In May, the Grand PEOPLE
Chamber of the ECtHR confirmed its In April, a senior state official at the Religious
December 2019 decision calling for his Affairs Directorate (Diyanet) blamed
immediate release, having found his homosexuality and people in extra-marital
prolonged pre-trial detention to be unlawful relationships for the spread of HIV/AIDS. He
and serving an “ulterior purpose”. In its urged followers to combat this “evil” in a
examinations of the case in September and Friday sermon focusing on the COVID-19
October and its interim resolution in pandemic, a call supported by the President.
December, the Council of Europe’s Bar associations criticizing the statements
Committee of Ministers urged Turkey to faced criminal investigation under Article
comply with the ECtHR’s ruling. 216/3 of the Penal Code that criminalizes
In October, an Istanbul court accepted a “insulting religious values”.
new indictment against Osman Kavala and
US academic Henri Barkey, charging them RIGHTS OF WOMEN AND GIRLS
with “attempting to overthrow the In July, the brutal murder of 27-year-old
constitutional order” and “espionage”, student Pınar Gültekin led to country-wide
despite lack of evidence. In December, the protests. The trial of two men accused of her
General Assembly of the Constitutional Court murder continued at the end of the year.
found no violation in relation to his ongoing In August, suggestions by some politicians
pre-trial detention. Osman Kavala remained in the ruling Justice and Development Party
in prison at the end of the year. (AKP) to withdraw from the Istanbul
In January, the Istanbul prosecutor Convention sparked country-wide
requested the conviction of human rights demonstrations. Women’s rights
lawyer Eren Keskin in the main Özgür organizations criticized the lack of
Gündem trial, along with others who had implementation of the Convention, including
participated in a solidarity campaign. In an adequate response to rising domestic
February, in an interim ruling, her co- violence during COVID-19 restrictions. The
defendants Necmiye Alpay and Aslı Erdoğan Ministry of Interior announced that 266
were acquitted. The prosecution against Eren women had died as a result of gender-based
Keskin and three other defendants violence in 2020, though the figures provided
continued. by women’s organizations were much higher.
In March, Raci Bilici, former chair of the
Diyarbakır branch of the NGO Human Rights FREEDOM OF ASSEMBLY
Association (IHD), was sentenced to six years In March, for the second year running, the
and three months’ imprisonment for authorities banned the International Women’s

366 Amnesty International Report 2020/21


Day march in Istanbul. Police used tear gas
and plastic bullets to disperse peaceful ENFORCED DISAPPEARANCES
protesters who had defied the ban. In February, Gökhan Türkmen, one of seven
The prosecution of six women accused of men accused of links with the Fethullah
“failure to disperse” under Article 32 of the Gülen movement who went missing in 2019,
Law on Meetings and Demonstrations began recounted in court the torture and other ill-
in November. The charges related to their treatment he had been subjected to during
participation in the peaceful December 2019 the 271 days of his enforced disappearance.
Las Tesis protest to end femicide. The court requested a criminal investigation
In June, an Ankara administrative court to be launched into his allegations.
ruled that banning the Pride march by The whereabouts of Yusuf Bilge Tunç,
students on campus was unlawful. On 10 disappeared in August 2019, remained
December, the trial of 18 students and one unknown at the end of the year.
academic of the Middle East Technical
University in Ankara for attending a campus-
based Pride march in May 2019 was RIGHTS OF REFUGEES, ASYLUM-
postponed to April 2021. SEEKERS AND MIGRANTS
Turkey continued to host the largest refugee
TORTURE AND OTHER ILL-TREATMENT population in the world: around 4 million
In September, Osman Şiban and Servet people, including 3.6 million Syrians. The
Turgut suffered severe injuries after being 2016 EU-Turkey deal, which provides
detained and allegedly beaten by a large European financial assistance to support
group of soldiers in Van province, according refugees in Turkey in exchange for its co-
to Osman Şiban’s testimony. Servet Turgut operation on migration control and returns,
died in hospital on 30 September. Statements continued to operate.
by the Van Governor’s Office and the Minister After announcing the opening of the EU
of Interior contradicted eye-witnesses’ and borders on 27 February, Turkey recklessly
Osman Şiban’s statements. A criminal encouraged and facilitated the movement of
investigation into the allegations of torture asylum-seekers and migrants to the Greek
opened by the Van Prosecutor was subjected land border, where violent pushbacks led to
to a secrecy order. In October, four journalists deaths and injuries (see Greece entry). At the
who covered the case were arrested in Van end of March, Turkish authorities removed
for being “members of a terrorist people from the border area.
organization” on the grounds of the news According to an NGO report published in
agencies they worked for and of making news October, Turkey deported more than 16,000
on “public incidents in line with PKK/KCK’s Syrians to Syria during the year. A group of
[Kurdistan Communities Union] perspective Syrians reported in May they were forcibly
and orders to the detriment of the state”. returned to Syria and had been pressured
In December, a prisoner on pre-trial into signing documents stating that they
detention at Diyarbakır prison, Mehmet wanted to return.1
Sıddık Meşe, was denied access to urgent As of September, according to UN
medical care and to examination by medical numbers, Turkey deported around 6,000
forensic staff after he was allegedly subjected people to Afghanistan, although the situation
to severe beating by prison guards. The in the country still did not allow safe and
prosecuting authorities had not launched an dignified returns.
independent investigation into the allegations
by year’s end.
1. Turkey: Halt illegal deportation of people to Syria and ensure their
safety (EUR 44/2429/2020)

Amnesty International Report 2020/21 367


fined. The advice changed in July after the
TURKMENISTAN Ministry of Health recommended mask
wearing owing to “increased levels of dust in
Turkmenistan the air”.
Head of state and government: Gurbanguly A WHO mission, following a visit in July,
Berdymukhamedov noted the recent measures to prevent
COVID-19 transmission and called for the
The regime in Turkmenistan remained country to further activate critical public
deeply authoritarian. Serious human rights health measures such as test and trace. The
violations were routine. The right to health delegation noted that the hospitals they
was violated in the context of the outbreak visited were well equipped without high bed
of the COVID-19 pandemic in the country. occupancy rates or a significant number of
The authorities continued to deny that there patients with respiratory diseases. According
were any cases of COVID-19 despite to Radio Free Europe, however, the hospitals
evidence to the contrary. The right to had stopped receiving patients days before
freedom of expression was severely the arrival of the WHO mission, and those
restricted. Consensual sex between men with respiratory diseases had been moved to
remained a criminal offence. Conscientious other wards not visited by the delegation.
objectors to military service risked being Despite continuing official denial of deaths
imprisoned. The fate and whereabouts of at from COVID-19, the NGO Analytical Centre
least 120 prisoners subjected to enforced for Central Asia analysed Google Maps to
disappearance remained unknown. track the digging of graves in the town of
Balkanabad. They estimated that between 25
BACKGROUND March and 16 April alone, 317 new graves
Turkmenistan remained effectively closed to were dug, as opposed to 524 for the entire
human rights and other international period from 31 May 2018 to 25 March 2020.
monitors. The media operated under firm
state control, leading to self-censorship and REPRESSION OF DISSENT
an inability to report events regarded by the The authorities continued to stifle peaceful
authorities as negative, including the spread expression of dissent or criticism. One of the
of COVID-19. The standard of living most sustained protests followed repeated
continued to fall and shortages of food as well hurricanes and heavy rains in the eastern
as cash persisted, with often exceptionally part of the country in April and May, which
long queues at the limited number of bank destroyed houses and caused dozens of
machines. The extent of the economic fatalities. Residents left for weeks in flooded
problems was masked by an official houses with no electricity blamed the inaction
exchange rate which overvalued the local of the authorities and there were protests by
currency. people at home and abroad. The authorities
attempted to stop the protests abroad by
RIGHT TO HEALTH putting pressure on the demonstrators and
The authorities continued to deny the their relatives in Turkmenistan. Turkmenistani
occurrence of any COVID-19 cases. They students in Turkey reported being visited by
delayed the introduction of WHO- Turkmenistani secret police who threatened
recommended measures such as physical to have them forcibly returned if they had
distancing and masks until July, while taken part in demonstrations. A friend of the
holding mass events requiring mandatory organizer of the protest action in Istanbul,
participation to mark the traditional Novruz who was living in Turkmenistan, was
spring holiday in March and World Bicycle reportedly repeatedly summoned to the local
Day in June. In April, Radio Free Europe branch of the Ministry of National Security
reported that those wearing a mask would be where he was beaten and asked to tell the

368 Amnesty International Report 2020/21


organizer not to participate in the protest
movement. Several dozen people were also ENFORCED DISAPPEARANCES
detained in Turkmenistan on accusations of The fate and whereabouts of at least 120
sharing photos and video clips of the prisoners subjected to enforced
hurricane damage with relatives and other disappearance remained unknown. Some
contacts abroad. One, Pygambergeldy were imprisoned after an alleged
Allaberdyev, was sentenced in September to assassination attempt on then President
six years’ imprisonment on fabricated Saparmurat Niyazov in November 2002. One,
charges of hooliganism and bodily harm for Yazgeldy Gundogdyev, died in detention in
his links to activists abroad. December; he had been serving his sentence
incommunicado.
RIGHTS OF LESBIAN, GAY, BISEXUAL,
TRANSGENDER AND INTERSEX (LGBTI)
PEOPLE
Consensual sexual relations between men
UGANDA
remained a criminal offence punishable by Republic of Uganda
up to two years’ imprisonment. In May, a Head of state and government: Yoweri Kaguta
well-known entertainer was sentenced to two Museveni
years’ imprisonment for consensual same-sex
sexual relations. An unknown number of The authorities continued to restrict the
other men from the entertainment industry rights to freedom of expression, peaceful
were also reportedly sentenced. assembly and association. Security forces
Widespread societal homophobia and used excessive and unnecessary lethal force
transphobia left LGBTI people, or those and killed at least 66 people. Courts made
perceived to be, highly vulnerable to torture several rulings which promised to protect
and other ill-treatment, sexual abuse, and human rights. The authorities continued to
extortion at the hands of the police and carry out forced evictions, including against
others. They also came under severe Indigenous Peoples. Refugees and asylum-
pressure from their families who sought “to seekers were left stranded and in need of
protect the family honour” including by humanitarian aid when borders were closed
imposing forced marriages. in March to contain the spread of
COVID-19.
FREEDOM OF RELIGION AND BELIEF
Conscientious objectors faced criminal BACKGROUND
prosecution. Two Jehovah’s Witnesses, On 22 March, President Yoweri Museveni
brothers Eldor and Sanjarbek Saburov, were issued directives which included lockdown
sentenced to two years’ imprisonment in measures to halt the spread of COVID-19. In
August after a previous administrative July, after 34 years as President, he
sentence for refusing to perform military confirmed he would stand for re-election in
service. Myrat Orazgeldiyev was also given a the January 2021 general elections.
two-year prison sentence in September. The
NGO Forum 18 reported that four other EXCESSIVE USE OF FORCE
Jehovah’s Witnesses were imprisoned as Security forces, including police, military and
conscientious objectors during the year, and members of the armed civilian defence force
that six others sentenced in 2018 and 2019 – the Local Defence Unit (LDU) – used
continued to serve jail terms at the end of the excessive, unnecessary, and in some cases
year. lethal force while enforcing physical
distancing and other measures introduced to
contain the spread of COVID-19.

Amnesty International Report 2020/21 369


On 30 March, the Chief of Defence Forces food to needy families during lockdown. On 4
publicly apologized to a group of women who May, he appeared with his face swollen in a
were subjected to excessive force by security video from Lubaga Hospital in Kampala. He
agents – mostly LDU members – and said the said he had been tortured over several days
military would hold those responsible to in various detention facilities.
account but did not specify how. Several
videos had emerged showing security agents FREEDOMS OF EXPRESSION, ASSEMBLY
beating the women who were selling fruit in AND ASSOCIATION
Kampala, for allegedly violating the COVID-19 Political opposition members and activists,
measures. journalists and others were arrested, detained
and faced prosecution for exercising their
UNLAWFUL KILLINGS rights to freedom of peaceful assembly,
Security forces unlawfully killed at least 66 expression and association.
people in the period from March onwards, at In January, police arrested and charged
least 12 of whom were killed for violating five protesters, including Robert Kyagulanyi
lockdown measures. for violating the Public Order Management
Since electoral campaigns began on 9 Act (POMA) during a political rally to protest
November, dozens of people were killed in the introduction, in 2018, of a social media
the context of riots or protests, most of them tax. They were all released on police bond
shot dead by police and other security forces, the same day. During the arrests, police fired
including armed individuals in plain clothes. tear gas to disperse the demonstrators. On
On 18 and 19 November, 54 people were 10 September, the Buganda Road Chief
killed in protests that followed the arrest of Magistrate Court in Kampala suspended
opposition presidential candidate and proceedings against the five protesters,
popular musician, Robert Kyagulanyi (also stating that the Court lacked powers to
known as Bobi Wine) while campaigning in interpret such a case and deferred it to the
eastern Uganda. Constitutional Court. In March, the
Constitutional Court cancelled the provisions
TORTURE AND OTHER ILL-TREATMENT under the POMA which gave police excessive
Kakwenza Rukirabashaija, an activist from powers to prohibit public gatherings and
the eastern town of Iganga, said he had been protests.
tortured in Mbuya Military Barracks, In February, the Kampala High Court
Kampala, in April. He was arrested in April ordered the release of Stella Nyanzi, an
and again in September by military police. On activist and academic, on the basis that she
the first occasion, he was held for 23 days on had been wrongfully convicted of harassing
trumped-up charges of defamation and the President online, and that her human
cyber-related crimes before being charged rights had been violated. She was released
with “committing negligent acts likely to on 20 February, just days before she was due
spread infectious diseases” and released on to complete the 18-month prison sentence
police bond. In September, he was released she had been handed following her
on bond after three days, after being charged conviction. By the end of the year, she had
with inciting violence and promoting been arrested and released at least three
sectarianism. Both arrests were connected to more times for organizing peaceful
books he had written which criticized the assemblies in protest at the government’s
President and his family and the authorities. COVID-19 restrictions.
On 19 April, the authorities arrested In June, the Electoral Commission of
Francis Zaake, an opposition MP. On 29 Uganda launched a revised COVID-19
April, he was released on police bond after election road map for the 2021 general
being charged with disobeying the COVID-19 elections, requiring that all political
presidential directives, when he distributed campaigning be conducted exclusively

370 Amnesty International Report 2020/21


online, thereby banning public political In August, the Permanent Secretary in the
gatherings. These regulations were applied Ministry of Lands, Housing and Urban
more stringently against opposition Development announced that the cabinet
candidates. In September, the Uganda had directed the Ministry to allocate 82.5km2
Communications Commission ordered all of land in the Mount Elgon National Park in
online data communication and broadcast the east of the country to the Indigenous
service providers to obtain licences before Benet people. Since 1983, the Benet have
posting information on the internet. suffered multiple forced evictions by various
On 27 July, police arrested Bwaddene authorities, including the National Forestry
Basajjamivule, a broadcast journalist and Authority and the Uganda Wildlife Authority.
charged him with promoting violence and These evictions, along with other housing
sectarianism. The charges were connected to rights violations over a 12-year period, have
comments he made in a video posted on left at least 178 families living in internally
Facebook in which he alleged that people displaced people’s camps.
from ethnic groups in western Uganda were
favoured in appointments to the military and HUMAN RIGHTS DEFENDERS
the government. He was released on police On 11 June, the High Court in Kampala
bond on 29 July. ordered Makerere University to pay damages
On 10 December, the Media Council of of UGX120 million (US$32,600) to Stella
Uganda cancelled the accreditation of all Nyanzi for her wrongful dismissal from her
foreign journalists. All media outlets and research post in 2018 and ordered that she
media workers in Uganda were forced to be reinstated.
apply afresh for accreditation before 31 On 30 June, anti-riot police arrested
December. lawyers Kaijuka Aaron, Marunga Christine,
On 26 December, the Electoral Balyerali Joan, Tuwayenga Brian, Bajole Eric,
Commission of Uganda suspended political Muhindo Morgan and Nafula Elizabeth in
gatherings in more than 10 districts citing Kiryandongo district as they were preparing
COVID–19 prevention but without providing submissions for a hearing on the forced
sufficient details to justify why these localities eviction of the Maragoli Indigenous people
should be subject to restrictions. (see above, Forced evictions). They were
charged with “negligent acts likely to spread
FORCED EVICTIONS infectious diseases” and released on police
Between February and August, the bond on 1 July.
authorities forcibly evicted over 35,000 On 4 September, police arrested eight
Maragoli Indigenous people from their homes human rights defenders in Kiryandongo
in Kiryandongo district in the west to pave district, held them for three days and
way for industrial farming. charged them with threatening violence and
The authorities failed to establish adequate malicious damage to property before
procedures to protect the rights of those releasing them on police bond on 8
being evicted, despite a High Court order in September. One of them, Pamela Mulongo,
2019 which ruled that the state should was brutally beaten during her arrest and
urgently develop and implement protection detention. The eight were arrested after they
guidelines. The Court noted that even when had asked a company – accused of seizing
evictions are inevitable, they must comply community land in the area – to return
with human rights standards. In at least two livestock confiscated for allegedly trespassing
cases, the authorities failed to comply with on company property.
the requirements to seek the free, prior and On 22 December, the authorities arrested
informed consent of Indigenous Peoples Nicholas Opiyo, the Executive Director of
regarding projects that led to their evictions Chapter Four Uganda, a human rights
from their ancestral lands. organization, along with four others he was

Amnesty International Report 2020/21 371


meeting and placed them in incommunicado humanitarian aid or protection. They lived in
detention overnight at the Special makeshift camps and were in urgent need of
Investigations Unit of the police in Kireka, adequate shelter, food, medical care and
Kampala. On 23 December, the authorities clean water.
released all the men except Nicholas Opiyo
on police bond. Nicholas Opiyo was held on
fabricated charges of money laundering until
the High Court released him on bail of
UKRAINE
UGX15 million (around US$4,050) on 30 Ukraine
December. Head of state: Volodymyr Zelensky
Head of government: Denys Shmyhal (replaced Oleksiy
RIGHTS OF LESBIAN, GAY, BISEXUAL, Honcharuk in March)
TRANSGENDER AND INTERSEX (LGBTI)
PEOPLE The right to health was compromised by a
Security forces used directives for the control significant shortage of PPE during the
of COVID-19 infection as a pretext to COVID-19 pandemic; families of health
arbitrarily arrest and detain dozens of LGBTI workers who died faced bureaucratic
people. On 23 March, 23 young LGBTI obstacles to compensation. Allegations of
people living in a shelter were arrested. Four torture and other ill-treatment, particularly
were released on medical grounds during the in police custody, continued. Security
first three days after their arrest; the service officials responsible for secret
remaining 19 were charged with “negligent detention and torture in eastern Ukraine
acts likely to spread infectious diseases” and from 2014 to 2016 continued to enjoy
“disobeying legal orders” and were detained complete impunity. Attacks by groups
without access to their lawyers or to medical advocating discrimination against activists
treatment. Some were denied access to anti- and marginalized minorities continued,
retroviral medications. They were released on often with total impunity. Intimidation and
18 May, and in June the High Court awarded violence against journalists were regularly
each of them compensation of UGX5 million reported. Domestic violence remained
(US$1,360) for being arbitrarily detained by widespread; access to support services was
the police for 50 days. negatively affected by strict COVID-19
measures. Both sides in the conflict in
REFUGEES AND ASYLUM-SEEKERS eastern Ukraine imposed travel restrictions,
Uganda was host to around 1,430,000 impacting the socioeconomic rights of local
refugees and asylum-seekers at the end of people. In occupied Crimea, the crackdown
the year. on dissent and human rights defenders
On 20 March, the government closed continued.
country borders in response to the COVID-19
pandemic, as conflict in eastern Democratic BACKGROUND
Republic of the Congo (DRC) drove over COVID-19 restrictions were introduced in
10,000 refugees seeking entry to Uganda to March but failed to effectively prevent its
camp near the border. On 1 July, Uganda spread. This was exacerbated by a lack of
temporarily opened the border in Zombo PPE and sufficient testing, which in turn
district in the north, to allow refugees from put strain on the health care system.
the DRC to enter. Local elections in October, marked by low
The border with South Sudan remained turnout, showed falling ratings for
closed, leaving hundreds of people displaced mainstream parties in favour of local parties
by conflict between government forces and and political activists. Voting did not take
armed groups in South Sudan’s Central place in many locations in eastern Ukraine,
Equatoria state without access to

372 Amnesty International Report 2020/21


including some under government control, On 23 May, a man was taken to Kaharlyk
ostensibly due to security concerns. District police station in Kyiv region as a
A major reform of the Prosecutor General’s criminal suspect along with his wife as a
Office began, with 55% of prosecutors witness. Their allegations that they were
dismissed following reappraisals, but stalled tortured and the woman repeatedly raped,
after its head was sacked. His replacement were widely reported in the media. In May,
left another key agency in the criminal justice two police officers from Kaharlyk were
system, the State Investigations Bureau detained by the State Investigation Bureau
which she had headed, without permanent and remanded as criminal suspects. Other
leadership. alleged survivors of torture in Kaharlyk came
In September, the government made forward. Five police officers from Kaharlyk
human rights a compulsory element in the were subsequently charged with unlawful
school curriculum for pupils aged 11 to 15, deprivation of liberty and torture. The
effective from 2022. Minister of the Interior refused to resign, but
The ceasefire between government forces promised additional measures for torture
and Russia-backed armed groups in eastern prevention, including better registration and
Ukraine largely held, bar minor flare-ups in monitoring systems.
March and May. The territory of Crimea
remained under Russian occupation. IMPUNITY
No justice, truth or reparation was attained
RIGHT TO HEALTH for any of the victims of enforced
A significant shortage of PPE for medical disappearance, secret detention and torture
workers, which continued until the end of the and other ill-treatment of civilians by the
year, and insufficient testing for COVID-19 Security Service of Ukraine (SBU) from 2014
was reported by the Health Ministry. By mid- to 2016, and not a single suspected
December, over 51,731 medical workers perpetrator was prosecuted. The new head of
were reported to be infected with COVID-19, the SBU noted in June that the agency
out of a total of 1,055,047 confirmed and a currently had no secret prisons, but said
further 1,214,362 “suspected cases”. nothing of such practices in the past, and
According to the Minister of Social Policy, denied torture. The four-year-old investigation
over 300 medical workers had died by 19 into this practice was handed over by the
December but only 53 deaths were Military Prosecutor’s Office to the State
recognized as work-related by a special Investigation Bureau in December 2019, but
commission. Their families had been by year’s end, had yielded no tangible
promised state compensation but according results.
to media reports, by 12 November, only 21
had received full and 22 partial DISCRIMINATION
compensation, due to onerous bureaucracy Members of groups advocating discrimination
and the necessity of proving that the (commonly described in Ukraine as far-right
deceased contracted COVID-19 at work. groups) continued to target civil society
activists, political opponents, journalists and
TORTURE AND OTHER ILL-TREATMENT members of marginalized groups with
Allegations of torture and other ill-treatment, harassment, intimidation and violence – often
particularly of detainees in police custody, with total impunity.
were regularly reported. The final figures for On 12 June, members of the Feminist
2020 published by the Prosecutor General’s Workshop NGO attempted to take down
Office indicated that it registered 129 alleged posters with discriminatory messages in the
torture cases, pressed charges in 59 cases capital Kyiv and were attacked by some 15
and closed proceedings in 52 cases. men from a far-right group. The assailants
pushed and verbally demeaned the activists,

Amnesty International Report 2020/21 373


hit one of them in the face and threatened with their editorial policies, and intimidation
further violence. An eyewitness called the and violence against journalists, were
police, but none arrived within 45 minutes. regularly reported.
The activists filed a report with the police and In July, journalist Katerina Sergatskova, the
an investigation was launched, but no co-founder of the web-based media outlet
progress was reported by the end of the year. Zaborona, was targeted in a smear campaign
On 30 August, LGBTI activists in Odessa by a popular blogger, who criticized her work
were unable to form a human chain of and published details of her personal life
solidarity at their intended location because it along with a photo of her young son.
was occupied by counter-demonstrators. The Comments by his readers also contained
police insisted that LGBTI activists move to Katerina Sergatskova’s home address and
another location, but reportedly offered no further photos; she also received death
protection when the counter-protesters threats and abusive messages. Katerina
followed and attacked them. Activists were Sergatskova reported these to the police, but
pelted with eggs, sprayed with tear gas, and no action was taken until she won a court
assaulted; several sustained burns and other case complaining about police inaction. In
injuries. Police arrested 16 alleged assailants. the meantime, she had left Kyiv for her
personal safety.
Roma The trial of a man and two women
Discrimination against Roma persisted. The suspected of direct involvement in the killing
pandemic further affected their livelihoods as of journalist Pavel Sheremet in July 2016
the informal economy, on which many of began in September with all three claiming
them rely, contracted. Those lacking official their innocence. Meanwhile, an investigation
identification could not access social into who ordered the killing was ongoing in
benefits, pensions, or health care. separate proceedings, with no outcome
No progress was reported in the reported by year’s end.
investigation into the violent attack against an
informal Roma settlement in Lysa Hora park GENDER-BASED VIOLENCE
in Kyiv in April 2018, despite the public Domestic violence
nature of the attack and early identification of Domestic violence remained widespread,
the alleged perpetrators from publicly under-reported, and often ineffectively
available video footage of the incident. addressed. Legal and institutional initiatives
A Roma family camping in the Lysa Hora of recent years intended to address domestic
vicinity described how they were violently violence were often poorly implemented, if at
attacked on 29 April by two men who entered all. Police were reluctant to issue emergency
their makeshift tent in the early hours of the protective orders, and unwilling or unable to
morning. They pepper-sprayed inside the tent enforce them. Military personnel and police
and beat the young Roma man with a officers remained among those exempt from
wooden board. When his wife asked them to provisions under the Administrative Code
stop and told them that she was pregnant which punish domestic violence. In practice,
they verbally abused her and shouted, this can mean that they also avoid
“Someone like you should only be raped”. prosecution for domestic violence as a
The tent was burnt, together with the family’s criminal offence, as the law is often
possessions and documents. On 2 May, interpreted as requiring two previous
police opened a criminal investigation, but no convictions under the Administrative Code to
outcome had been reported by year’s end. meet the threshold of “systematic” abuse
needed for a criminal prosecution.
FREEDOM OF EXPRESSION The conflict in eastern Ukraine continued
Media remained pluralistic and largely free, to amplify such systemic flaws and erode the
although harassment of outlets in connection institutional response to systems of

374 Amnesty International Report 2020/21


protection.1 A woman from Donetsk region Prosecutor of Rivne Garrison repeatedly
reported to police in 2019 at least five returned the case file to the investigation to
instances of violence by her husband, a rectify purported irregularities, including for
military serviceman, but the police were investigative activities that had already been
unable to apply any administrative measures. undertaken. The case did not reach court by
In 2020, criminal proceedings were started the year’s end, nor was the officer indicted.
against the man and a restraining order
issued, but no disciplinary or other measures Lesbian, gay, bisexual, transgender and intersex
were taken by his senior officers while the (LGBTI) people
investigation was ongoing. On 30 April, a 19-year-old transgender
In May, a petition signed by 25,000 people person from Zhytomyr was badly beaten,
was delivered to President Volodymyr sexually assaulted and robbed by a group of
Zelensky calling for ratification of the Istanbul youths who then tried to take them hostage
Convention, an international treaty against and demanded money from their father
violence against women and domestic before police were called. A criminal
violence. In September, the President signed investigation was opened but the transphobic
a decree, “on urgent measures for prevention hate motive of the crime was ignored by the
and combating domestic violence”, which police. Meanwhile, no restraining measures
obliged the government to develop a state were applied against the suspects.
programme lasting until 2025, including In May, three alternative draft laws were
measures to improve inter-agency co- tabled in Parliament to introduce sexual
ordination, further legislative amendments, orientation and gender identity as specific
and the adoption of rehabilitation hate crime grounds in the Criminal Code.
programmes for offenders. However, the These initiatives provoked criticism from
decree made no mention of the Istanbul religious and other groups, and none were
Convention, and no steps towards its put to a vote.
ratification were taken during the year. LGBTI people subjected to hate crimes
Access to support services for survivors of were reluctant to report them, lacking
domestic violence was affected by strict confidence in the police and for fear of
COVID-19 quarantine measures. The further reprisals. Where reported, such
government-funded free legal aid offices crimes were seldom if ever effectively
switched to providing only remote investigated or qualified as such, with the
consultations for survivors. This precluded perpetrators facing minor or no charges.
help to survivors who remained in premises
with their abuser and could not discuss their DONBAS
situation. Access to shelters was further Territories in eastern Ukraine controlled by
complicated as it was conditional on the Russia-backed separatists remained beyond
survivor first undergoing a medical the reach of many civil society and
examination. Survivors from locations with no humanitarian actors. Suppression of all forms
shelters could not travel elsewhere when all of dissent persisted, including through arrest,
public transport, including buses and trains, interrogation and torture and other ill-
was cancelled from March to May. treatment by the de facto authorities, and
imprisonment in often inhumane conditions.
Impunity Independent information from these
Progress was manifestly stalled in the territories was increasingly sparse, its scarcity
investigation into the allegations by exacerbated by severe pandemic-related
Lieutenant Valeria Sikal, the first Ukrainian travel restrictions.
ex-servicewoman who reported sexual
harassment by a commanding officer in the
Armed Forces in 2018. The Military

Amnesty International Report 2020/21 375


Seydaliyev, and human rights defender
Freedom of movement Abdureshit Dzhepparov, and served them
Both sides in the conflict imposed restrictions with an official written warning against taking
on travel across the contact line, often part in future “unsanctioned actions” (any
appearing as reciprocal measures. The UN protest or commemorative events). The
Human Rights Monitoring Mission in Ukraine previous co-ordinator of Crimean Solidarity,
reported that the number of crossings in both prisoner of conscience Server Mustafayev,
directions dropped from a monthly average of was convicted on 16 September under
one million to tens of thousands by October. terrorism-related charges alongside his seven
Families were separated and numerous co-defendants and sentenced to 14 years in
livelihoods affected. Older people who should prison by a military court in Rostov-on-Don,
receive pensions from areas of Ukraine under in Russia.
government control, those in need of Persecution of religious minorities
substantive health care including HIV-positive continued. Two Jehovah’s Witnesses from
people, and other marginalized groups, were Crimea, Serhii Filatov and Artem Herasymov,
most affected by the lack of access to were convicted in separate trials for
government-controlled territories. exercising their right to freedom of thought,
Travel restrictions were somewhat eased in conscience and religion. They were each
June. Restrictions applied by the de facto sentenced to six years’ imprisonment, in
authorities in Donetsk appeared arbitrary. March and June respectively.
They restricted travel to certain days without
explanation and travel was subject to
1. Ukraine: Not a private matter: Domestic and sexual violence against
advance application for permission, which in women in eastern Ukraine (EUR 50/3255/2020)
numerous reported cases was rejected, also
without explanation.

CRIMEA UNITED ARAB


A severe crackdown on human rights work
and all dissent continued, as did restrictions EMIRATES
on the media. Enforced disappearances from
2014, at the start of Russian occupation of United Arab Emirates
the territory, were not investigated. Head of state: Khalifa bin Zayed Al Nahyan
The occupying Russian authorities Head of government: Mohammed bin Rashed Al
Maktoum
continued to target human rights defenders,
including members of Crimean Solidarity, a
grassroots self-help group of ethnic Crimean Over two dozen prisoners of conscience,
Tatars. Dozens of its members faced including well-known human rights
politically motivated criminal proceedings, defender Ahmed Mansoor, continued to be
mostly on allegations of purported detained in the United Arab Emirates
membership of Hizb-ut-Tahrir, an Islamist (UAE). The state continued to restrict
movement banned as “terrorist” in Russia freedom of expression, taking measures to
but legal in Ukraine. Arbitrary intrusive house silence citizens and residents who
searches, unofficial interrogation by Russian expressed critical opinions on COVID-19
security forces, and intimidation were also and other social and political issues. A
widely used as reprisals against ethnic number of detainees remained in prison
Crimean Tatars. past the completion of their sentences
In March, members of Russian law without legal justification. A UK court found
enforcement agencies visited the homes of that head of government Mohammed bin
several Crimean Solidarity members, Rashed Al Maktoum had abducted and
including its current co-ordinator Mustafa detained two of his daughters.

376 Amnesty International Report 2020/21


had arranged for his daughter Shamsa’s
BACKGROUND enforced removal from the UK in 2000 and
Emirati authorities continued to ban political the “capture” and detention of another
opposition and to detain prisoners for such daughter, Latifa, in a maritime assault
opposition. Scores of Emiratis continued to launched when she attempted to escape the
serve prison sentences in the UAE-94 case, a royal family in 2018.
mass trial of 94 defendants that concluded in
2013 with 69 convicted on charges of FREEDOM OF EXPRESSION
seeking to change the system of government. More than 25 prisoners of conscience
In February 2020, the UAE announced the remained in jail on account of their peaceful
completion of its “phased military political criticism. They included attorneys
withdrawal” from Yemen after five years of Mohamed al-Roken and Mohammed al-
co-leading the coalition in the armed conflict. Mansoori, former heads of the UAE Jurists
It continued, however, to illicitly divert Association (which the government took over
weapons and military equipment to militias in in 2011 after the Association called for free
Yemen (see Yemen entry). In Libya, the national elections), who were convicted in the
Emirati government provided arms to the self- UAE-94 trial; Nasser bin Ghaith, a lecturer in
proclaimed Libyan National Army, in violation economics at Sorbonne University’s Abu
of a UN embargo, and operated military Dhabi branch, detained since 2015; and
drones in Libyan airspace, in some cases human rights defender Ahmed Mansoor.
leading to the killing of people not directly Government agencies in Dubai and Ajman
participating in hostilities (see Libya entry). warned that they would prosecute individuals
who spread information about COVID-19
ARBITRARY DETENTION deemed misleading by authorities, later
At least 10 people continued to be arbitrarily announcing they had initiated several such
detained after completing their prison prosecutions.
sentences. Articles 40 and 48 of the counter-
terrorism law (Federal Act No. 7 of 2014) UNFAIR TRIALS
stated that those “adopting extremist or Emiratis and foreign national residents
terrorist thought” may be held indefinitely in continued to face imprisonment following
prison for “counselling”. Most such prisoners unfair trials. On 17 February, the State
were held at al-Razin prison in the desert Security Chamber of the Federal Supreme
south-east of Abu Dhabi city. They included Court upheld the conviction and sentencing
Omran Ali al-Harithi, a defendant in the of five Lebanese men on charges of planning
UAE-94 trial, who should have been released violent acts in the UAE. They had faced
in July 2019; and Abdullah Ebrahim al-Helu, unfair trial procedures, including
convicted in June 2016 of belonging to the incommunicado detention for months, denial
charitable arm of al-Islah, the formerly legal of access to lawyers, and use of coerced
Emirati branch of the Muslim Brotherhood, “confessions” as evidence.1 In May, Abdallah
who was due for release in May 2017. The Awadh al-Shamsi – an Omani national born
authorities released some prisoners after they to an Emirati mother and an Omani father
appeared in videos posted to pro-government resident in the UAE – was sentenced to life in
social media channels in which they prison after proceedings marred by a similar
“confessed” that al-Islah was a “terrorist” pattern of violations.
organization and repudiated their affiliation
with it. ARBITRARY DEPRIVATION OF
In March, the UK High Court of Justice NATIONALITY
(Family Division) made public a fact-finding The estimated 20,000-100,000 stateless
judgement reached the previous December people born in the UAE continued to be
that concluded that the head of government deprived of equal access to rights covered for

Amnesty International Report 2020/21 377


Emirati citizens at state expense, such as clause that could be used to punish both
state-subsidized health care, housing and same-sex sexual activity and extramarital sex.
higher education, or jobs in the public sector. The provision was, in some cases, used to
Access was dependent on proof of prosecute migrant labourers who had given
citizenship and stateless people were denied birth out of wedlock, requiring such mothers
recognition as citizens, despite most of them to serve prison sentences before being
having roots in the UAE going back allowed to leave the country.
generations.
Stateless Emiratis given Comorian MIGRANTS’ RIGHTS
passports under a 2008 deal between The sponsorship (kafala) system for
Comoros and the UAE found it difficult or employing migrant workers in the UAE –
impossible to get these passports renewed, alongside unsanitary living conditions in
leaving many of them, once again, lacking overcrowded accommodations, scarce legal
basic identity documents. protection and limited access to preventive
health care and treatment – put these
WOMEN’S RIGHTS workers in an even more vulnerable position
Women remained unequal with men under and at risk of infection during the COVID-19
Emirati law. Married women were obliged “to pandemic.2
look after the house” as a “right” held by
husbands under Article 56.1 of the Law on DEATH PENALTY
Personal Status. The Article was amended in Courts continued to issue new death
late 2019 to remove a line stating that a sentences, primarily against foreign nationals
husband has the right to “courteous for violent crimes. No executions were
obedience” from his wife. reported.
Article 72 continued to allow judges to
determine whether a married woman was
1. UAE: Supreme Court confirms verdict in an unfair trial (MDE
permitted to leave the house and to work. 25/2000/2020)
In the past two years Amnesty 2. UAE: Ensure protection of migrant workers in COVID-19 response
International had reported that Article 53.1 of (MDE 25/2169/2020)
the Penal Code, recognizing “a husband’s
discipline of his wife” as “an exercise of
rights,” was still in effect, but in 2020 the
organization learned that this clause was
UNITED KINGDOM
removed in late 2016. United Kingdom of Great Britain and Northern Ireland
Transmission of nationality continued to be Head of state: Elizabeth II
granted on a gender-preferential basis, Head of government: Boris Johnson
meaning that children of Emirati mothers did
not automatically receive nationality and were
recognized as nationals only at the discretion The government response to COVID-19
of the federal cabinet. raised human rights concerns, including in
In September, the UAE annulled Article relation to health, immigration policies,
334 of the Penal Code, which had made domestic abuse and housing. Instances of
“honour” killings punishable by as little as racial discrimination and excessive force
one month in jail. against protesters by the police were
documented. Northern Ireland made
SEXUAL AND REPRODUCTIVE RIGHTS progress on same-sex marriage and
Consensual sexual behaviour continued to be abortion, but full accountability for past
prosecuted under Article 356 of the Penal violations remained unrealized. New
Code, authorizing a minimum of one year in licences for military exports to Saudi Arabia
prison for “consensual violation of honour”, a resumed. Bills on counter-terrorism and

378 Amnesty International Report 2020/21


overseas military operations endangered were significantly over-represented among
human rights. Extradition proceedings COVID-19 related deaths of health workers.
against Julian Assange threatened the right The government resisted calls from over
to freedom of expression. 70 organizations to immediately launch an
independent public inquiry into its handling
BACKGROUND of the COVID-19 pandemic, stating that an
On 31 January, the UK left the European inquiry would take place at an unspecified
Union and began an 11-month transition time in the future.
period.
In response to the COVID-19 pandemic, DISCRIMINATION
parliament granted far-reaching emergency In March, a review of the so-called
powers to the UK and devolved governments “Windrush scandal” was published. The
for up to two years, subject to parliamentary review identified serious failings in the
renewal every six months. Lockdowns government’s treatment of the Windrush
implemented to slow the spread of the virus generation, who settled in the UK as British
severely restricted freedom of movement, nationals from the Caribbean and other
freedom of peaceful assembly and the right Commonwealth countries before 1973 but
to privacy and family life. who, along with some of their descendants,
At least 74,570 people died in the UK as a were later treated as if they had no
result of COVID-19 in 2020. The economic permission to be in the UK. Although the
impact of the pandemic caused widespread government promised to act on the far-
hardship, particularly for those in insecure reaching recommendations of the review, the
employment and people subject to proposed changes failed to address the root
immigration controls. causes of the scandal, including the racism
In May and June, Black Lives Matter embedded in nationality and immigration
protests drew attention to systemic racism laws and policies.
and discrimination against Black people. Discrimination in the exercise of police
powers continued to be a concern. Data on
RIGHT TO HEALTH fines issued for non-compliance with the
The UK death toll due to COVID-19 COVID-19 related lockdown revealed that
represented one of the highest death rates Black and Asian people were
from the virus in Europe. Health and other disproportionately fined. In May, during the
essential workers reported shortages of first national lockdown, police in London
adequate personal protective equipment conducted a record number of stop and
(PPE) to minimize their risk of contracting searches: 43,644, of which 10,000 targeted
COVID-19. By 25 May, 540 deaths involving young Black men. Racial disproportionality
COVID-19 had been registered among social specifically against Black people continued to
care and health workers.1 The authorities feature heavily across various policing issues,
violated the right to health and right to life of including the use of force and of Taser. Police
older people resident in care homes, figures published in 2020 showed that Black
including by failing to provide adequate PPE people were up to eight times more likely to
and regular testing, discharging infected or have Taser used against them than White
possibly infected patients from hospitals to people in 2018/19. High-profile cases of
care homes and suspending regular oversight Taser use against Black people in London
procedures.2 and Manchester, including one case in the
In June, an official investigation found that presence of a child, highlighted this issue.
people of Black and Asian ethnicity were
disproportionately impacted by COVID-19. In FREEDOM OF ASSEMBLY
particular, Black and Asian health workers In June, police used excessive force against
Black Lives Matter protesters in London,

Amnesty International Report 2020/21 379


including the confinement of people to a
narrow space (“kettling”) and the use of RIGHT TO HOUSING
horses to disperse crowds. Police issued In response to the COVID-19 pandemic, the
approximately 70 infringements of COVID-19 government introduced some measures,
restrictions to peaceful protesters at Black albeit only short-term, to protect the right to
Lives Matter demonstrations in Belfast and housing. It suspended court proceedings for
Derry-Londonderry and initiated criminal evictions in England and Wales from 27
investigations against the organizers, relying March until 20 September and temporarily
on COVID-19 related enforcement powers increased the minimum notice period prior to
that came into force on the eve of the protest. eviction for most tenants.
In December, the Northern Ireland Policing By September, 29,000 rough sleepers and
Board found policing of the protests to have other vulnerable people had been supported
been “potentially unlawful”, while the Police into accommodation during the pandemic,
Ombudsman for Northern Ireland found it to according to official figures. Homelessness
have been “unfair” and “discriminatory”. charities reported a sharp increase in
demand for their services since the start of
REFUGEES, ASYLUM-SEEKERS AND the COVID-19 pandemic.
MIGRANTS
During the COVID-19 pandemic, the RIGHTS OF LESBIAN, GAY, BISEXUAL,
government failed to adequately modify TRANSGENDER AND INTERSEX (LGBTI)
immigration policies and practices to PEOPLE
safeguard public health. People continued to In February, the first same-sex marriages took
be held in immigration detention for the place in Northern Ireland after the success in
purposes of removal from the UK, despite the 2019 of a long-running campaign for
heightened risk of infection in detention and marriage equality. Religious same-sex
obstacles to effecting removal. Asylum claims marriages were permitted from September,
were required to be made in person. and the conversion of existing civil
Statutory exclusions or restrictions on partnerships was allowed from December.
access to employment, welfare, Amid growing transphobic rhetoric and
accommodation and health care for people fear-mongering in the media, the
subject to immigration control undermined government’s proposed amendments to the
their ability to protect themselves from the outdated Gender Recognition Act in England
virus and maintain an adequate standard of and Wales fell short of human rights
living. The government resisted widespread standards. A second consultation to reform
calls to suspend the “no recourse to public gender recognition law in Scotland ended in
funds” policy, which restricts access to March.
benefits for many migrants, during the
pandemic. WOMEN’S RIGHTS
Parliament passed a new immigration law There was an increase in reported cases of
in November which granted exceptionally domestic violence during the COVID-19
broad legislative powers to the Home pandemic. The government lacked a fully
Secretary and ended free movement rights coordinated plan to tackle the foreseeable
under EU law. Children entitled to British risk of domestic violence during the
citizenship continued to be prevented by pandemic and failed to provide sufficient and
government policy and practice from timely emergency funding for frontline
registering their entitlement. Children of EU services. None of the additional funding was
nationals became particularly at risk because ring-fenced for specialist services for ethnic
of their loss of free movement rights in the minority women, despite an increase in
UK. referrals to these services. Migrant women
whose immigration status excludes them

380 Amnesty International Report 2020/21


from most government benefits faced rights violations and abuses during the
compounded challenges in obtaining support decades-long conflict.
for domestic violence. The government refused to launch a
The Domestic Abuse Bill lacked provisions public inquiry into the murder of Patrick
to ensure safety and access to justice for Finucane, a Belfast lawyer killed in 1989,
migrant women. The bill did not meet the despite a 2019 Supreme Court ruling, which
government’s stated intention of bringing found that his murder was not effectively
domestic legislation in line with the Istanbul investigated in line with human rights
Convention, which the UK had yet to ratify. standards.
The criminalization of sex work and denial
of sex workers’ labour rights meant that they IRRESPONSIBLE ARMS TRANSFERS
were particularly affected by the COVID-19 The UK resumed issuing licences for military
pandemic and related measures. The exports to Saudi Arabia in July, after a court
government maintained a five-week waiting ruling in June 2019 required the government
period for social security payments, despite to suspend new licensing of military
previously acknowledging that it was a factor equipment to Saudi Arabia (see Yemen
in some women resorting to sex work. entry).
In response to the excessive use of force
SEXUAL AND REPRODUCTIVE RIGHTS against US Black Lives Matter protesters,
After the decriminalization of abortion in members of parliament and several
2019, regulations governing the provision of organizations, including Amnesty
abortion services in Northern Ireland took International, called on the UK to suspend
effect on 31 March. exports of crowd control equipment, such as
The government allowed both abortion pills tear gas and rubber bullets, to US law
to be taken at home during the COVID-19 enforcement agencies. In September, the
pandemic in all regions of the UK except government stated that it had re-assessed
Northern Ireland, where a local temporary export licences of such equipment to the
service providing early medical abortions USA in response to these events and
began in April, allowing one abortion pill to be concluded there was “no clear risk” of
taken on health and social care premises, misuse.
and the second one at home.
Whilst abortion services in Northern STATE OVERREACH
Ireland were legal and running to varying The Counter-Terrorism and Sentencing Bill
degrees, by year’s end the authorities had yet proposed a major overhaul of the sentencing
to formally commission abortion services that regime for counter-terrorism offences,
were adequately resourced, sustainable and including the removal of some key
fully accessible to all who need them. safeguards on the use of already concerning
administrative control measures known as
NORTHERN IRELAND – LEGACY ISSUES Terrorism Prevention and Investigation
In March, the government issued proposals Measures (TPIMs). The proposed changes
to address the legacy of the conflict in included lowering the standard of proof for
Northern Ireland which were not compatible the imposition of a TPIM.
with human rights standards and departed
from commitments made in the 2014 IMPUNITY
Stormont House Agreement and subsequent In March, the government proposed a new
government statements and agreements. The law which would seriously restrict
proposals would limit prosecutions of those prosecutions for offences committed by
suspected of criminal responsibility for British soldiers overseas, including torture
crimes under international law and human and other ill-treatment as well as other crimes
under international law. The proposed law

Amnesty International Report 2020/21 381


would create a “presumption against and intersex (LGBTI) people; and victims of
prosecution” after five years. war crimes, among others. It also exploited
the COVID-19 pandemic to target migrants
FREEDOM OF EXPRESSION and asylum-seekers for further abuses. Joe
Hearings to consider a US extradition request Biden was declared the winner of the
for Julian Assange began in February and November presidential election.
resumed in September. Assange remained
detained at Belmarsh prison and faced BACKGROUND
prosecution in the USA for the publication of Despite confirmation by the Electoral College
disclosed documents as part of his work with that Joe Biden had won the November
Wikileaks. Amnesty International called on presidential election, President Trump
the USA to drop the charges and on the UK continued to challenge the result, making
to halt his extradition to the USA where he repeated unsubstantiated claims of electoral
would face a real risk of serious human rights irregularities. These continued allegations
violations. sparked a number of pro-Trump protests and
raised concerns about the peaceful transfer
of power in January.
1. Exposed, silenced, attacked: Failures to protect health and essential
workers during the COVID-19 pandemic (POL 40/2572/2020)
2. UK: As if expendable: The UK Government’s failure to protect older
DISCRIMINATION
people in care homes during the Covid-19 pandemic (EUR The COVID-19 pandemic exacerbated long-
45/3152/2020) standing inequalities in the USA. Inadequate
and uneven government responses to the
pandemic had a disproportionate and
UNITED STATES OF discriminatory impact on many people based
on their race, socioeconomic situations and
AMERICA other characteristics. Systemic disparities
dictated who served as frontline workers and
who had employment and economic security
United States of America
Head of state and government: Donald Trump and access to housing and health care.1
Incarcerated people were particularly at
risk due to insanitary conditions in prisons
The Trump administration’s broadly dismal and detention where they were unable to
human rights record, both at home and adequately physically distance and had
abroad, deteriorated further during 2020. inadequate access to hygienic supplies as
The USA experienced massive facilities became hotspots for infection.
demonstrations across the country with the Additionally, racially discriminatory political
backdrop of the COVID-19 pandemic, speech and violence risked increasing the
contested 2020 general elections and a number of hate crimes.
widespread racist backlash against the
Black Lives Matter movement. In response RIGHT TO HEALTH
to thousands of public demonstrations Workers in health care, law enforcement,
against institutional racism and police transportation and other “essential” sectors
violence, law enforcement authorities faced enormous challenges as the US
routinely used excessive force against government failed to adequately protect them
protesters and human rights defenders and during the pandemic. Shortages in personal
failed to constrain violent counter-protests protective equipment (PPE) meant that
against primarily peaceful assemblies. The health and other essential workers often had
administration also sought to undermine to perform their jobs without adequate
international human rights protections for protection and in unsafe environments. In
women; lesbian, gay, bisexual, transgender April, the National Nurses Union held a

382 Amnesty International Report 2020/21


physically distanced protest in front of the indiscriminate firing of “less lethal”
White House against the lack of PPE for projectiles.
health workers. From March to December In numerous incidents, human rights
2020, more than 2,900 health care workers defenders – including protest organizers,
died amidst the COVID-19 pandemic. The US media representatives, legal observers and
Centres for Disease Control and Prevention street medics – were specifically targeted
(CDC) acknowledged that available figures with chemical irritants and kinetic impact
were likely underestimates. projectiles, arrested and detained, seemingly
Some health and other essential workers in on account of their work documenting and
the public and private sectors also faced remedying law enforcement agencies’ human
reprisals, including harassment, disciplinary rights abuses.
procedures and unfair dismissal, if they
spoke out about the inadequate protective RIGHT TO LIFE AND SECURITY OF THE
measures. PERSON
The government’s ongoing failure to protect
EXCESSIVE USE OF FORCE individuals from persistent gun violence
At least 1,000 people were reportedly killed continued to violate their human rights,
by police using firearms. The limited public including the right to life, security of the
data available suggests that Black people are person and freedom from discrimination,
disproportionately impacted by police use of among others. Unfettered access to firearms,
lethal force. The US government’s a lack of comprehensive gun safety laws
programme to track how many such deaths (including effective regulation of firearm
occur annually was not fully implemented. acquisition, possession and use) and a failure
No state laws governing the use of lethal to invest in adequate gun violence prevention
force by police – where such laws exist – and intervention programmes continued to
comply with international law and standards perpetuate this violence.
regarding the use of lethal force by law In 2018, the most recent year for which
enforcement officials.2 data was available, some 39,740 individuals
died from gunshot injuries while tens of
FREEDOM OF ASSEMBLY thousands more are estimated to have
Law enforcement across the USA committed sustained gunshot injuries and survived. In
widespread and egregious human rights the midst of the COVID-19 pandemic, with
violations against people protesting about the increased gun sales and shootings, the USA
unlawful killings of Black people and calling failed in its obligation to prevent deaths from
for police reform. Amnesty International gun violence, which could have been done
documented 125 separate incidents of through a range of urgent measures,
unlawful police violence against protesters in including de-listing gun stores as essential
40 states and Washington, D.C., between 26 businesses.
May and 5 June alone.3 Thousands more As of 2020, expansive “Stand Your
protests took place in the remainder of the Ground” and “Castle Doctrine” laws, both of
year. which provide for private individuals to use
Violations were committed by law lethal force in self-defence against others
enforcement personnel at the municipal, when in their homes or feeling threatened,
county, state and federal levels, including by existed in 34 US states. These laws appeared
National Guard troops who were deployed by to escalate gun violence and the risk of
the federal government in some cities. The avoidable deaths or serious injuries, resulting
violence included beatings with batons or in violations of the right to life.
other devices, the misuse of tear gas and As protesters against the killing of Black
pepper spray, and the inappropriate and people took to the streets in cities across the
USA, there were instances where armed

Amnesty International Report 2020/21 383


civilians in states where the open carrying of approximately half that number were actually
firearms is permitted engaged protesters, resettled during 2020.
causing at least four deaths.
HUMAN RIGHTS DEFENDERS
RIGHTS OF REFUGEES, ASYLUM- The authorities failed to adopt any
SEEKERS AND MIGRANTS accountability measures to remedy misuse of
Despite a serious outbreak of COVID-19 in the law to harass migrant human rights
civil immigration detention facilities, US defenders in 2018 and 2019. In a step
Immigration and Customs Enforcement (ICE) backward, in June the US Supreme Court
refused to release tens of thousands of vacated a 2018 federal appellate court
migrants and asylum-seekers, over 8,000 of decision that found unconstitutional a key
whom contracted the virus in detention. criminal statute that the government had
Contrary to guidance from the CDC, ICE used to target migrant human rights
failed to adequately provide soap and defenders for unlawful surveillance, instead
sanitizer or introduce physical distancing, remanding the decision to be reconsidered at
and continued to transfer thousands of the appellate level.
people unnecessarily between immigration
detention facilities.4 This included WOMEN’S RIGHTS
approximately 100 families held in detention Indigenous women continued to experience
centres that a US federal judge deemed “on disproportionately high levels of rape and
fire” because of confirmed COVID-19 cases sexual violence and lacked access to basic
and inadequate protection. Instead of post-rape care. In 2019, President Trump
releasing families together, ICE asked parents issued an Executive Order forming the Task
in May if they would agree to release their Force on Missing and Murdered American
children without them, while the parents Indians and Alaska Natives. As of December,
remained detained. the Task Force had opened seven cold case
Simultaneously, the US government offices to investigate cases, but the exact
exploited the COVID-19 crisis to halt all number of victims remained unknown as the
processing of asylum-seekers on the US- US government did not collect data or
Mexico border and to deny access to asylum adequately coordinate with Tribal
procedures to those who crossed into the governments.
USA irregularly. Instead, the authorities The COVID-19 pandemic and ensuing
unlawfully detained and “expelled” over lockdowns significantly impacted domestic
330,000 migrants and asylum-seekers and intimate partner violence across the
between March and November – including country, in some cases leading to increases
over 13,000 unaccompanied children – in reported incidents or the severity of
without consideration of their protection injuries.
needs or the risks of persecution, death, The exponential increase in purchases of
torture or other ill-treatment that they faced firearms during the pandemic increased the
upon refoulement to their countries of origin.5 risks of gun violence for children and
In hundreds of documented cases, these domestic violence survivors as more
returnees had contracted COVID-19 in US unsecured firearms were located in homes
custody due to the negligence of authorities where people were forced to quarantine with
and contributed to the regional outbreak of their abusers.6
the pandemic throughout the Americas.
The resettlement of refugees in the USA RIGHTS OF LESBIAN, GAY, BISEXUAL,
plummeted further. Refugee admissions for TRANSGENDER AND INTERSEX (LGBTI)
the fiscal year 2020 were set at 18,000, the PEOPLE
lowest in the programme’s history, while According to official data released in 2020,
incidents of hate crimes based on sexual

384 Amnesty International Report 2020/21


orientation or gender identity remained high The federal government ended a 17-year
in 2019 for a fifth consecutive year. Trans hiatus and carried out 10 executions between
women of colour were especially targeted for July and December. The relentless pursuit of
violent hate crimes and killings. the executions showed contempt by the
The administration sought through policy Trump administration for safeguards and
and the courts to continue to dismantle restrictions established under international
protections against discrimination based on law and standards to protect the rights of
sexual orientation and gender identity in those facing the death penalty, including the
education, the military, employment and prohibition of executions while appeals are
other areas of federal government. pending and of people with mental
(psychosocial) disabilities.
SEXUAL AND REPRODUCTIVE RIGHTS The federal government carried out more
Federal and state governments intensified than three times the number of executions in
efforts to curtail sexual and reproductive 2020 than it had between 1977 and 2019
rights by seeking to criminalize abortion and combined. State executions, however, slowed
limit access to reproductive health services.7 down, largely due to the COVID-19
The administration also sought to amend US pandemic. Since judicial killing resumed in
foreign policy and development policy to end the USA under revised statutes in 1977, a
support for the protection of sexual and total of 1,529 people have been executed.
reproductive rights at the international level.
ARBITRARY DETENTION
TORTURE AND OTHER ILL-TREATMENT Forty men remained arbitrarily and
A decade after dozens of detainees were held indefinitely detained by the US military in the
in a CIA-operated secret detention detention facility at the US Naval Base in
programme – authorized from 2001 to 2009 Guantánamo Bay, Cuba, in violation of
– during which systematic human rights international law. Only one person had been
violations were committed, including transferred out of the facility since January
enforced disappearance, torture and other ill- 2017. Five prisoners cleared for transfer from
treatment, no person suspected of criminal Guantánamo since at least 2016 remained
responsibility had been brought to justice for there at the end of 2020 and the Trump
these crimes. The limited investigations administration eliminated the system
conducted into those crimes were closed previously created to arrange for their
without charges being brought against transfer.
anyone. None of the 40 men had access to
adequate medical treatment and those who
DEATH PENALTY survived torture and other ill-treatment by US
In March, Colorado became the 22nd US agents were not given adequate rehabilitative
state to abolish the death penalty. services. Seven of them face charges in the
Six people were exonerated from death military commission system, in breach of
row, bringing the total of such exonerations international law and standards, and could
since 1977 to 173. Among those released face the death penalty if convicted. The use
was Curtis Flowers, who endured six trials of capital punishment in these cases, after
and 23 years on death row in Mississippi. proceedings that did not meet international
The state dropped all charges in September, standards for a fair trial, would constitute
after the US Supreme Court concluded in arbitrary deprivation of life. The trials of those
June 2019 that the district attorney violated accused of crimes related to the 11
Curtis Flowers’ constitutional rights by September 2001 attacks were scheduled to
intentionally removing African-Americans begin on 11 January 2021, but were delayed
from the jury at the sixth trial in 2010. in 2020 as pre-trial hearings in all cases were
suspended.

Amnesty International Report 2020/21 385


potential war crimes and crimes against
UNLAWFUL KILLINGS OF CIVILIANS humanity committed by US civilian and
Under its flawed “global war” doctrine, the military officials in connection with the armed
USA repeatedly resorted to lethal force in conflict in Afghanistan, which the US
countries around the world, including using authorities have failed to investigate,
armed drones, in violation of its obligations prosecute or punish.
under international human rights law and, In July, the US Department of State
where applicable, international humanitarian released a report by its advisory panel called
law. NGOs, UN experts and the news media the “Commission on Unalienable Rights”.
documented how such strikes inside and The report appeared to unilaterally redefine
outside of zones of active armed conflict what human rights mean, rejecting the
arbitrarily deprived protected individuals, interpretive authority of UN and other
including civilians, of their right to life and international human rights bodies, and
may have resulted in unlawful killings and specifically undermining the human rights
injuries, in some cases constituting war framework by re-evaluating protections from
crimes. discrimination for women, LGBTI people and
The weakening by the US government of others.10
protections for civilians during lethal In July, as it struggled to contain and
operations increased the likelihood of address millions of cases of COVID-19, the
unlawful killings, impeded the assessment of USA initiated its withdrawal from the WHO,
the legality of strikes and prevented which was due to enter into force in July
accountability and access to justice and 2021. Under President Trump, the USA has
effective remedies for victims of unlawful also withdrawn from the UN Human Rights
killings and civilian harm.8 Council, the UN cultural agency (UNESCO)
Despite calls by UN human rights experts and the global Paris Agreement to tackle
and others for clarifications of the legal and climate change.
policy standards and criteria the USA applies
when using lethal force outside of the USA,
1. USA: Letter to Governors calling for the implementation of Equity Task
the government continued to be neither Forces (Open letter by Amnesty International USA, 6 May)
transparent nor forthcoming. 2. USA: The World Is Watching: Mass violations by US police of Black
Lives Matter protesters’ rights (AMR 51/2807/2020)
INTERNATIONAL HUMAN RIGHTS 3. USA: Amnesty International documents widespread police violence
MECHANISMS AND TREATIES against protesters for Black Lives, (Map, launched by Amnesty
In November, the UN Human Rights Council International USA in June)

conducted the third UPR of the USA’s human 4. USA: ‘We are adrift, about to sink’: The looming COVID-19 disaster in
US immigration detention facilities (AMR 51/2095/2020)
rights record.
Since January 2018, the USA has not 5. Explainer on US deportations and expulsions during the COVID-19
pandemic (Explainer, 21 May)
responded to communications from Special
Procedures or accepted their requests for 6. COVID-19 And gun violence: Top ten ways the pandemic intersects
with the crisis of gun violence in the US (Article by Amnesty
invitations to carry out official visits.9 International USA, May)
Following announcements that the ICC
7. USA: Joint submission on reproductive health, rights, and justice to
would investigate violations of international third Universal Periodic Review of United States (Joint submission,
humanitarian law and crimes against June)
humanity committed on the territory of 8. USA: Defense department undercounts civilian casualties in new
Afghanistan since 1 May 2003, the Trump reporting (Article by Amnesty International USA, 6 May)
administration issued an Executive Order on 9. USA: Rolling back of human rights obligations: Amnesty International
11 June which declared a “national Submission for the UN Universal Periodic Review, 36th session of the
UPR Working Group, November 2020 (Updated August 2020) (AMR
emergency” and authorized asset freezes 51/1407/2019)
and family entry bans against certain ICC
officials. The action undermined redress for

386 Amnesty International Report 2020/21


10. USA: State department’s flawed ‘unalienable rights’ report
undermines international law (Press release, 16 July)
DUE PROCESS GUARANTEES AND
DETENTION
URUGUAY Concerns about the LUC included issues
relating to the principle of the presumption of
innocence for police officers and provisions
Eastern Republic of Uruguay that allow increased use of pre-trial detention.
Head of state and government: Luis Alberto Lacalle The LUC also removed some fair trial
Pou (replaced Tabaré Vázquez in March) guarantees and introduced longer prison
terms for certain crimes. These measures
The crisis caused by COVID-19 deepened risked increasing the prison population in a
structural inequalities, especially impacting prison system where overcrowding and
the rights of those historically marginalized. insanitary conditions were rife. According to
The Urgent Consideration Act (LUC) the Public Prosecutor’s Office, in November
threatened the rights to peaceful protest there were 13,077 incarcerated adults, of
and freedom of expression. Inadequate whom almost 20% were awaiting trial.
prison conditions continued to worsen. Uruguay’s rate of incarceration of 370 per
Violence against women increased. 100,000 inhabitants was one of the highest
Impunity remained a concern and evidence in the region.
emerged indicating key information about
past human rights violations had been IMPUNITY
withheld. The government expressed its intention to
search for those who disappeared during the
ECONOMIC, SOCIAL AND CULTURAL civil-military regime (1973-1985). In
RIGHTS February, the Public Prosecutor’s Office
The COVID-19 response had an adverse started criminal proceedings against four
impact on the access to economic and social retired military personnel on charges of
rights of people in marginalized communities. torture for acts committed in 1972. On 24
Confinement measures affected economic May, the Inter-American Commission on
activity, which deepened pre-existing Human Rights referred the case of three girls
structural inequalities. The University of the subjected to enforced disappearance in 1974
Republic reported that in April more than and two other cases to the Inter-American
100,000 people fell below the poverty line, a Court of Human Rights.
35% increase compared to December 2019. In August, the notes of a 2006 Military
Media reported that in August, more than Tribunal of Honour were published, showing
40,000 people were reliant on food banks. that the army tortured and executed
Access to housing was difficult for sex Uruguayan detainees in Argentina during the
workers, domestic workers, migrants and 1970s and confirming that evidence had
refugees. been concealed.

FREEDOM OF EXPRESSION AND VIOLENCE AGAINST WOMEN AND GIRLS


ASSEMBLY COVID-19 confinement measures led to an
Approved in July, the LUC included broadly increase in cases of domestic violence
worded provisions that restrict freedom of against women and girls. According to the
expression and assembly and could outlaw Ministry of the Interior, 33,004 complaints
demonstrations and social protests. were registered between January and
October, 203 more than in the same period
in 2019. The response to the COVID-19
pandemic did not include proper

Amnesty International Report 2020/21 387


mechanisms to prevent violence against
women. BACKGROUND
The President’s reform agenda included
SEXUAL AND REPRODUCTIVE RIGHTS setting up a National Council on International
Despite the lack of official data on child Ratings to undertake a systematic review of
pregnancy for 2020, it remains a low reforms, and a National Human Rights
visibility-problem in Uruguay. Girls giving Strategy setting out monitoring mechanisms
birth under the age of 15 are mostly a including on the prevention of torture.
consequence of situations of sexual abuse
and exploitation. According to the National HUMAN RIGHTS DEFENDERS
Committee for the Eradication of Sexual In March, for the first time since 2003, the
Exploitation of Children and Adolescents, in authorities granted registration to Huquqiy
2020 there was a 41% increase in reports of Tayanch (Legal Support), an independent
commercial sexual exploitation of children NGO. However, they continued to reject or
and adolescents. obstruct the applications of other
Difficulties in accessing sexual and independent human rights organizations.
reproductive health services increased during Human rights defenders and journalists,
COVID-19 confinement measures, especially including those in exile, continued to be
access to abortion, which is legal in the under secret surveillance and were the target
country but difficult to access due to health of sophisticated phishing and spyware
professionals’ refusal to perform this service attacks. The legal framework for such
on religious grounds and a lack of access to surveillance provided insufficient safeguards
health centres in rural areas. against abuse. The security services were
able to bypass some security tools that
activists use to protect themselves against
UZBEKISTAN surveillance and carried out a campaign of
malicious emails using fake websites, along
Republic of Uzbekistan with spyware embedded in legitimate
Head of state: Shavkat Mirzioiev software.1
Head of government: Abdulla Aripov
FREEDOM OF ASSEMBLY
Renewed efforts to improve the country’s Draft legislation on public meetings,
image saw the President prioritize a reform published in August, severely restricted the
agenda. However, freedoms of association, right to freedom of peaceful assembly. It
expression and peaceful assembly remained barred NGOs without official registration from
tightly regulated. Human rights defenders organizing or holding public meetings,
continued to face targeted surveillance. required organizers to apply for permission
Progress in the eradication of forced labour 15 days in advance, limited the duration of
in the cotton sector was marred by any public meeting to two hours during
harassment of independent monitors. A daytime, and proscribed meetings from
significant increase in domestic and taking place within 300m of various
gender-based violence during the COVID-19 premises. A public meeting would include
pandemic was exacerbated by the closure of flash mobs and single person protests,
virtually all crisis centres during lockdown. making it virtually impossible for anyone to
Consensual sexual relations between men exercise their right to freedom of peaceful
remained a criminal offence. A draft bill assembly.
was introduced on an independent torture
complaints mechanism, although reports of FREEDOM OF EXPRESSION
torture and other ill-treatment, including In response to the COVID-19 pandemic, the
deaths in custody, continued. Prosecutor General’s Office set up an inter-

388 Amnesty International Report 2020/21


agency working group to monitor social during the COVID-19 pandemic. LGBTI youth
media for “fake news” or misleading were at particular risk of domestic and
information on the spread of the virus. gender-based violence during lockdown; they
Amendments to the Criminal Code at the end were without access to community resources
of March introduced stricter punishment for and support structures since they could not
the dissemination of false information on the leave their homes and were forced into
spread of the virus, increasing sentences cohabitation with unsupportive and/or
from five to a maximum of 10 years in prison. abusive families.
In May, a young blogger from Margilan was
briefly detained by police for allegedly not Women’s rights
wearing a face mask in public after he had Domestic and gender-based violence
posted a comment on his Facebook account increased significantly during the pandemic
endorsing an article critical of the local and human rights activists said that the
authorities’ handling of the pandemic.2 problem was exacerbated by the fact that
only five out of the 197 national crisis shelters
ECONOMIC, SOCIAL AND CULTURAL were able to operate during lockdowns and
RIGHTS other restrictive measures.
Significant progress in the eradication of In July, a group of young female activists
forced labour in the cotton sector was marred faced a backlash on social media, including
by continued harassment of human rights online abuse and threats of violence, when
defenders monitoring the implementation of they organized a flash mob action to protest
ILO reforms during the cotton harvest. Police gender-based violence and discrimination
in Namangan detained and beat four following a highly publicized assault on a 17-
independent monitors in June as they were year-old girl. In August, a programme on
recording adolescents working in the cotton national television denounced their protest
fields. Police confiscated cameras, mobile action as dangerous and criticized them for
phones and notes, forcibly tested the activists not respecting “traditional” values.
for COVID-19 and placed them under
supervised quarantine. In April, the TORTURE AND OTHER ILL-TREATMENT
authorities had cited economic hardship In May, the authorities signalled their
caused by the COVID-19 pandemic to put intention to set up independent mechanisms
pressure on the Cotton Campaign to endorse to investigate complaints of torture; provide
lifting the boycott of Uzbekistani cotton. effective redress and compensation to victims
and their families; and monitor places of
DISCRIMINATION detention to prevent torture and other ill-
Rights of lesbian, gay, bisexual, transgender and treatment. The announcement followed a
intersex (LGBTI) people Presidential Resolution on additional
Consensual sexual relations between men measures to improve the prevention of
remained a criminal offence despite promises torture.
by the authorities to revise the criminal code. Reports of torture, however, continued. In
A member of the Uzbekistani UN delegation July, the authorities launched investigations
stated in September that non-heterosexual into the deaths in January, June and July of
relations were contrary to “traditional” values three men in prison and police custody and
and that the public was not ready to endorse charged the alleged perpetrators with torture.
decriminalization. Programmes on national In September, five police officers were found
television stigmatized LGBTI people and guilty and sentenced to up to nine years in
declared them a “dangerous foreign prison for the torture of Yusuf
influence”. Abdurakhmanov in January. A forensic
LGBTI people faced increased investigation found blood that matched Yusuf
discrimination in accessing health care Abdurakhmanov’s on the inside of a

Amnesty International Report 2020/21 389


gas mask. In November Andijan Regional COVID-19 pandemic. People returning to
Court sentenced five police officers to 10 the country were held in state-run
years in prison for the torture of Alijon quarantine centres in conditions and for
Abdukarimov. lengths of time that may have constituted
arbitrary detention and ill-treatment. The
Impunity UN Fact-Finding Mission (FFM) on
In March, in a retrial, a court in Kashkadaria Venezuela established there were
acquitted human rights defender and torture reasonable grounds to believe that crimes
survivor Chuyan Mamatkulov of all charges against humanity have been committed in
and quashed his sentence. In October, the Venezuela since 2014 and that President
Supreme Court granted him financial Maduro and senior military and ministerial
compensation. Other human rights activists, figures ordered or contributed to the crimes
however, have not been granted the right to documented in its report.
challenge their convictions, despite
compelling evidence that the charges against EXTRAJUDICIAL EXECUTIONS
them were fabricated and that they were Reports of extrajudicial executions by the
tortured to “confess”. Special Action Forces of the Bolivarian
National Police (FAES) and the Criminal
Investigative Police (CICPC) continued.
1. Targeted surveillance attacks in Uzbekistan: An old threat with new
techniques (Blog, 12 March) According to the OHCHR at least 2,000
2. Blogging in Uzbekistan: welcoming tourism, silencing criticism (Blog,
people were reportedly killed in the country in
25 June) the context of security operations between 1
January and September. As of June, the Zulia
state Human Rights Committee had recorded
VENEZUELA 377 deaths, allegedly resulting from violence
by these police forces in Zulia state. Those
Bolivarian Republic of Venezuela targeted were primarily young men living in
Head of state and government: Nicolás Maduro Moros low-income neighbourhoods who were
arbitrarily detained in circumstances which
the authorities claimed involved clashes with
The continuing human rights crisis in police.
Venezuela saw further reports of
extrajudicial executions, excessive use of ARBITRARY DETENTION
force and unlawful killings by the security Arbitrary detentions continued to be used as
forces during the year. People expressing part of the policy of repression targeting
criticism of government policies – including dissidents.
political activists, journalists and health The Venezuelan human rights organization
workers – were subjected to repressive Penal Forum reported that, as of October,
measures including criminalization, unfair there had been 413 arbitrary, politically
trials and arbitrary detention. There were motivated arrests; these increased following
reports of torture and other ill-treatment the declaration of a state of emergency in
and enforced disappearance of those response to the COVID-19 pandemic in
arbitrarily detained. Human rights March.
defenders were stigmatized and faced In addition to political activists, 12 health
obstacles in carrying out their work. The workers who made critical public statements
humanitarian crisis worsened with about the government’s response to the
widespread shortages of services and high pandemic faced short-term detention and
levels of extreme poverty. These and the subsequent restrictions.
ongoing undermining of health service The COVID-19 pandemic was used to
infrastructure were exacerbated by the restrict notification of arrests, obliging

390 Amnesty International Report 2020/21


relatives to rely on unofficial information (SEBIN) and Military Counter-Intelligence
about the whereabouts of detainees. This General Directorate (DGCIM) and the use of
uncertainty and the vulnerability of detainees clandestine facilities by the DGCIM.
was exacerbated by the suspension of Reports of torture and other ill-treatment
activities by the courts and the Public were not investigated by the authorities and
Prosecutor’s Office as part of the measures to went unpunished.
contain the pandemic.
Enforced disappearances, periods of EXCESSIVE USE OF FORCE
incommunicado detention and isolation Excessive and illegal use of force by the
during the early stages of detention police, military and armed groups against
continued, increasing the risk of torture and demonstrators remained widespread. The
other cruel, inhuman or degrading treatment authorities did not take any meaningful steps
of detainees. to prevent this.
Congressmen Renzo Prieto and Gilber There were numerous reports of the
Caro, detained in March 2020 and December indiscriminate use of force during law
2019 respectively by the FAES, were enforcement operations. During May in
subjected to long periods of isolation and Petare, a low-income neighbourhood in
incommunicado detention. Both were held in Caracas, an armed confrontation between
police stations that did not meet minimum alleged criminal gangs led to a joint police
standards for the treatment of prisoners. and military operation that lasted over a
Maury Carrero, an accountant, was week, during which there were several
arbitrarily detained in April, allegedly over reports of sustained bouts of indiscriminate
links to an adviser to the President of the shootings and allegations of extrajudicial
National Assembly, Juan Guaidó. She was executions.
charged by a court dealing with “terrorism”
cases and transferred to the National Institute IMPUNITY
for Women’s Guidance and held Impunity for human rights violations and
incommunicado for five months, during crimes under international law remained the
which time no official information was norm.
provided about her. An OHCHR report on judicial
On 31 August, 110 people who had been independence and access to justice,
criminalized were pardoned by President published in July, found that victims of
Nicolás Maduro. Renzo Prieto, Gilber Caro human rights violations could not access
and Maury Carrero were among those justice because of structural obstacles,
pardoned. Further arbitrary arrests took place including lack of judicial independence.
within days and during the rest of the year. In September, the Public Prosecutor’s
Among those detained was Roland Carreño, Office announced that 565 law enforcement
a journalist and member of the Popular Will officials had been charged for human rights
party, who was arrested in October. violations committed since August 2017.
In September, new evidence emerged
TORTURE AND OTHER ILL-TREATMENT regarding the arbitrary detention, enforced
Reports of the use of torture to extract disappearance, torture and death of Rafael
confessions or incriminating testimony Acosta Arévalo in June 2019 by the DGCIM.
continued. The OHCHR documented 16 Contradictions and gaps in the criminal
cases, reporting the use of methods including investigation highlighted the need for this and
beatings, electric shocks, asphyxiation and similar cases to be investigated
sexual violence. The UN Fact-Finding independently.1 The Public Prosecutor’s
Mission (FFM) on Venezuela reported the use Office reopened the case.
of increasingly violent methods of torture by
the Bolivarian National Intelligence Service

Amnesty International Report 2020/21 391


and ministers in his government ordered or
UNFAIR TRIALS contributed to the crimes documented in the
Unfair trials continued to be used to report.
criminalize those with opinions that differed
from those of the Maduro government. The REPRESSION OF DISSENT
use of military jurisdiction to prosecute The policy of repression to silence dissent
civilians or retired military personnel and control the population continued and
continued. intensified during the COVID-19 pandemic
Rubén González, a prisoner of conscience and in the run-up to parliamentary elections
and trade union leader detained in 2018 in December.
serving a sentence imposed following an Members of the National Assembly were
unfair trial by a military court, was released subjected to a pattern of repression including
as part of the 31 August pardon. arbitrary detention, misuse of the justice
The OHCHR highlighted major system and smear campaigns.
shortcomings in the justice system, courts Prisoners of conscience remained subject
and the Public Prosecutor’s Office, to severe restrictions and prosecution.
emphasizing cases of lack of independence The justice system continued to be
and interference by other public authorities. politically instrumentalized against dissent,
From 15 March onwards, most judicial including ruling against political parties
circuits suspended their activities due to critical of the government.
COVID-19 restrictions; only those courts with
in flagrante jurisdiction continued FREEDOM OF ASSEMBLY
functioning. Restrictions on freedom of peaceful assembly
and association remained common.
INTERNATIONAL SCRUTINY According to the NGO Venezuelan
Despite efforts by Nicolás Maduro’s Observatory of Social Conflict, by November
government to elude scrutiny by the Inter- there had been more than 9,000 protests.
American human rights system, the Inter- These were sparked by a variety of issues,
American Commission issued seven such as lack of health care during the
precautionary measures during the year in COVID-19 pandemic, low wages, high food
favour of individuals in Venezuela. prices, delays in the distribution of food aid
Monitoring of the situation in the country funds and lack of basic services, including
continued through the Special Follow-Up fuel. Some 402 of these protests were
Mechanism for Venezuela (MESEVE) created attacked by the police, military or pro-
by the Inter-American Commission. government armed groups, resulting in the
The OHCHR maintained a team of two deaths of six protesters and the injury of 149
officers on the ground and in September others.
announced the strengthening of its presence
in the country and committed to the visit of FREEDOM OF EXPRESSION
three Special Procedures to Venezuela in The civil society organization Public Space
2021. reported that between January and August
The FFM on Venezuela issued its first there were more than 747 attacks on the
report in September. This stated that since press and journalists, including intimidation,
2014, the Venezuelan authorities and digital attacks, censorship, arbitrary
security forces had planned and carried out detentions and physical assaults. Many of
serious human rights violations, some of these attacks took place after the state of
which – including arbitrary killings and the emergency was declared in March in
systematic use of torture – amounted to response to the COVID-19 pandemic.
crimes against humanity, with reasonable On 21 August, journalists Andrés Eloy
grounds to believe that President Maduro Nieves Zacarías and Víctor Torres were killed

392 Amnesty International Report 2020/21


in an FAES security operation in Zulia state. Venezuelan nationals; many of those seeking
The Public Prosecutor’s Office launched an to return had been excluded from care
investigation into their possible extrajudicial measures during the pandemic in host
execution and an arrest warrant was issued countries. People who sought to enter
for six FAES officers. Venezuela through informal channels were
Darvinson Rojas, a journalist and prisoner criminalized and stigmatized.
of conscience, was arbitrarily detained for Mandatory quarantine in state custody was
disseminating information about COVID-19. one example of the repressive response to
He was released after 12 days but remained COVID-19. Officially, 90,000 people were
subject to restrictions and criminal reported to have passed through the state-
proceedings. run centres known as Comprehensive Social
Journalist and prisoner of conscience Luis Service Points (PASI) by August in order to
Carlos Díaz also remained subject to severe comply with the mandatory quarantine on
restrictions and prosecution. their return to Venezuela. However, the
centres adopted arbitrary and militarized
HUMAN RIGHTS DEFENDERS procedures that resulted in punitive and
Women human rights defenders continued to repressive measures and failed to prioritize
face threats and stigmatization when carrying health care and infection prevention. The
out their work. The Centre for Defenders and conditions in the PASI were precarious and,
Justice reported that as of June, there had in many cases, ignored WHO protocols. For
been more than 100 attacks against women example, lack of clean water, adequate food
human rights defenders, including and access to medical care were reported.
criminalization, harassment, digital attacks The length of time for which people were
and arbitrary detention. held was in many cases arbitrary and not
In August, the humanitarian organization based on objective criteria. This, combined
Solidarity Action was raided by FAES officials with inadequate conditions in state-run
and eight people were detained for several quarantine centres, may have constituted ill-
hours. treatment and arbitrary detention.
In October, Vannesa Rosales, a human
rights defender in Merida state, was arbitrary HUMANITARIAN EMERGENCY
detained for providing a 13-year-old girl who The humanitarian emergency continued and
was pregnant as a result of rape with deepened. Prevailing conditions, including
information on procedures for the termination the continued shortage of basic services such
of the pregnancy. as water, electricity and fuel; a weakened
Health workers and journalists reporting on health infrastructure; and difficulty in
the COVID-19 pandemic were harassed and accessing medicines and food, were
threatened. Some were charged with inciting aggravated by COVID-19 and seriously
hatred. hampered people’s ability to cope with the
containment measures imposed to curb the
RIGHTS OF REFUGEES, ASYLUM- pandemic.
SEEKERS AND MIGRANTS In July, the UN Humanitarian Response
The number of Venezuelan refugees and Plan noted that US$762.5 million was
migrants fleeing to other countries seeking needed to provide humanitarian assistance to
international protection continued to 4.5 million people.
increase, reaching 5.4 million by the end of Solidarity Action estimated that 10 million
the year. people did not receive medical care for
The authorities restricted entry to conditions and diseases such as
Venezuela during the COVID-19 pandemic to hypertension, diabetes, Parkinson’s, cancer
a maximum of 100-300 people per day, and malaria, among others.
limiting the entry and departure of

Amnesty International Report 2020/21 393


Despite the recommendation of the authorities regarding testing, rates of infection
OHCHR and the insistence of civil society, and deaths due to COVID-19.
the UN World Food Programme (WFP) was There were reports that pregnant women
not allowed access to the country. suspected of having COVID-19 were denied
Economic measures, such as the limited adequate care by public health services.
increase in minimum wages to US$1.71 a
month, deepened the pressing economic RIGHT TO FOOD
situation and hyper-inflation was rampant at In May, the Centre for Documentation and
the end of the year. Social Analysis of the Venezuelan Federation
Over-compliance with sanctions imposed of Teachers (CENDAS-FVM) reported that the
by the USA led to obstacles in accessing basic monthly family food basket – a list of
goods and services in Venezuela. basic foodstuffs deemed necessary for an
average family in Venezuela – cost
WOMEN’S RIGHTS US$513.77. In August CENDAS-FVM
According to a coalition of NGOs in reported that it would require an income 184
Venezuela, existing gender gaps, already times the minimum wage to purchase a basic
aggravated by the complex humanitarian monthly basket.
emergency, were further exacerbated by In July, the National Survey of Living
COVID-19. The OHCHR and the Inter- Conditions (ENCOVI) reported that 96% of
American Commission on Human Rights households in Venezuela were in income
highlighted impacts on women, including poverty and 79% in extreme income poverty
lack of access to maternal and sexual and and unable to purchase the basic food
reproductive health services and health basket.
services in general. In February, the WFP reported that 7.9%
Although no official information on of the Venezuelan population was severely
femicide rates has been issued since 2013, food insecure, 24% (7 million people) were
NGOs reported a steady increase in violence moderately food insecure and one in three
against women in the country. NGOs also people were food insecure and needed
reported that no shelter for women survivors assistance, classifying the situation as one of
of violence was operational during 2020. the 10 worst food crises globally.
The FFM on Venezuela documented Food distribution systems, such as the
gender-based crimes against humanity, Local Supply and Production Committees
including torture and sexual violence against (CLAPs), continued to fail to meet nutritional
women detained by the DGCIM and SEBIN needs and operated according to politically
and in the context of protests. discriminatory criteria.

RIGHT TO HEALTH RIGHT TO WATER


Health services continued to deteriorate. Problems with the supply of drinking water
Shortages of basic medicines, which were and sanitation continued and deepened,
unaffordable for most people, intensified. adversely affecting living conditions and
Lack of access to adequate health services heightening the risk of COVID-19 infection.
seriously impacted the state’s response to ENCOVI stated that only one in four
COVID-19. households had running water every day,
Medical and health personnel were not while the majority had access to running
provided with personal protective equipment water in their homes only on certain days of
(PPE) or adequate protection measures the week (59%) or several days a month
against COVID-19. Many of those who voiced (15%). The most vulnerable sectors of the
concerns about this were arrested and population continued to be forced to look for
criminalized. There were also concerns about sources of water supply from water trucks,
the lack of transparency on the part of the wells and springs.

394 Amnesty International Report 2020/21


PRISON CONDITIONS
Deaths in custody and the lack of
VIET NAM
investigations into them persisted. The NGO Socialist Republic of Viet Nam
Window to Freedom reported 118 deaths in Head of state: Nguyễn Phú Trọng
custody between January and June. Head of government: Nguyễn Xuân Phúc
Serious overcrowding and insalubrious
conditions in prisons put detainees at Arbitrary arrests and prosecutions of human
heightened risk of COVID-19 infection. rights defenders significantly increased,
The Venezuelan Prison Observatory with a record number of prisoners of
reported in May that 46 detainees died in conscience documented. Individuals who
violence in the Los Llanos Penitentiary Centre expressed themselves online were
(CEPELLA) in the city of Guanare, particularly targeted. Pro-democracy
Portuguesa state. An investigation was activists, independent journalists, authors
opened by the Public Prosecutor’s Office, but and publishers faced sustained harassment,
no progress had been reported in the physical assault, arbitrary prosecution and
investigation by the end of the year. torture and other ill-treatment in police
custody. Authorities issued death sentences
INDIGENOUS PEOPLES’ RIGHTS and executions were carried out. Violence
In the Orinoco Mining Arc and other parts of against women remained a persistent and
the country, illegal mining continued to widespread concern. Viet Nam won praise
seriously affect the rights of Indigenous for its COVID-19 response, effectively
Peoples. The OHCHR reported that levels of containing the spread of the virus. However,
labour exploitation, trafficking and violence the authorities’ punishment for distributing
were high because of corruption and bribery “disinformation” on the pandemic often
by criminal groups who controlled the mines amounted to arbitrary restrictions on the
and operated a system of bribes to military right to freedom of expression.
commanders.
According to Penal Forum, 13 Pemón BACKGROUND
Indigenous men were held in pre-trial Ahead of the 13th National Congress of the
detention over 1,200km from their Communist Party of Viet Nam (CPV),
community, without adequate measures scheduled for January 2021, the government
being taken to protect their cultural identity or initiated a major crackdown on all forms of
ensure a fair trial. dissent as rival politicians and factions within
In April, the Indigenous Wayuu community the CPV competed for positions of power. Viet
in Zulia state held a protest to demand basic Nam ratified the EU-Viet Nam Free Trade
conditions, including access to clean water, a Agreement in June, which included
long-standing issue that acquired even obligations to abide by international human
greater urgency with the need to combat rights and labour standards.
COVID-19. Military officials responded with
excessive use of force, injuring a Wayuu FREEDOM OF EXPRESSION
woman. The authorities engaged in a wide-ranging
crackdown on freedom of expression,
particularly targeting individuals who
1. Venezuela: Dying before a judge: The arbitrary detention, enforced
disappearance, torture and death of Rafael Acosta Arévalo (AMR expressed themselves online. There was a
53/2909/2020) major increase in censorship of online
speech, in addition to a significant rise in
arbitrary arrests, detentions and prosecutions
of individuals in connection with their right to
exercise freedom of expression both online

Amnesty International Report 2020/21 395


and offline. Journalists and authors were also Government-sponsored “cyber-troops” and
targeted, with a string of arrests and “public opinion shapers” targeted
prosecutions targeting the Liberal Publishing government critics with online abuse,
House and the Viet Nam Independent harassment, trolling and mass reporting
Journalists Association. Two members of the campaigns, often leading to restrictions on
Liberal Publishing House  ̶  a local the accounts and content of human rights
independent publisher selling books defenders. Human rights defenders also
considered sensitive by the government faced physical attacks and other forms of
 ̶  were tortured by police in detention in Ho offline threats and violence in relation to their
Chi Minh City.1 online activism.
In April, Facebook announced its decision
to significantly increase its compliance with PRISONERS OF CONSCIENCE
the authorities’ demands for the censorship As of December, at least 173 known
of so-called “anti-state” content on its prisoners of conscience were imprisoned in
platform, which often amounted to Viet Nam, the highest recorded number since
censorship of legitimate expression in Amnesty International began publishing
violation of international human rights law.2 these figures in 1996. Among those, 72 were
Facebook’s decision reportedly came after held for expressing their opinions online, a
the authorities pressured the company by marked increase on previous years. Of the 30
slowing down its services in the country. prisoners of conscience newly detained
Human rights defenders and other during the year, 24 (80%) were detained for
activists raised alarm at the content online expression. Most were held under
restrictions they faced from both Facebook either Article 331 of the Criminal Code, which
and YouTube at the behest of the authorities, prohibits “abusing democratic freedoms to
including widespread geo-blocking of infringe the interests of the State”, carrying
sensitive content, profile blocking and penalties of up to seven years’ imprisonment,
account suspensions. These measures or Article 117, which criminalizes “making,
marked a significant deterioration in the storing or spreading information, materials or
space for freedom of expression in the items for the purpose of opposing the State of
country.3 the Socialist Republic of Viet Nam” and
On 3 February, the authorities introduced carries a sentence of up to 20 years’
Decree 15/2020/ND-CP on penalties for imprisonment.
administrative violations against regulations Prison conditions remained generally
on postal services, telecommunications, radio harsh, but prisoners of conscience in
frequencies, information technology and particular were subjected to discrimination,
electronic transactions (“Decree 15”), further harassment and ill-treatment. Family
adding to a legal framework that severely members reported incidents of prisoners of
undermined the right to freedom of conscience being subjected to torture or
expression. Decree 15 provides for a wide other ill-treatment in detention, including
range of administrative offences for both Nguyen Van Hoa, Nguyen Van Tuc, Huynh
internet users and internet service providers Truong Ca, Nguyen Ngoc Anh and Le Dinh
and contains a range of severe penalties Luong.
which threaten freedom of expression and
access to information. Technology companies DEATH PENALTY
that violate the decree can have their The courts continued to impose death
operating licences suspended for up to two sentences and executions were carried out
years. Decree 15 also introduced penalties during the year. The government continued
for users who post or share “fake news” on the policy of classifying information related to
social networks, which can be imposed in the death penalty as a state secret. Details
addition to any civil or criminal punishments. about those sentenced to death remained

396 Amnesty International Report 2020/21


unavailable, including their gender, age, some virus suppression measures were
ethnicity or the types of crime for which they largely successful at protecting the right to
were sentenced. In December, Viet Nam health, there were multiple instances when
abstained in a vote at the UN General the authorities repressed the right to freedom
Assembly calling for a moratorium on the use of expression as part of their response. At
of the death penalty. least two women  ̶  Dinh Thi Thu Thuy and
Ma Phung Ngoc Phu – were arbitrarily
WOMEN’S RIGHTS arrested and charged for expressing their
Violence against women remained a views on the government’s COVID-19
widespread and persistent problem. A joint response, and hundreds more people were
study by the government and the UN fined for expressing their opinion on the
revealed that nearly two in three married COVID-19 response on social media.
women experienced physical, sexual,
emotional or economic violence and
1. Viet Nam: Independent booksellers tortured by police (ASA
controlling behaviours by their husbands in 41/2325/2020)
their lifetime, and almost one-third reported 2. Viet Nam: Facebook must cease complicity with government
such treatment in the preceding 12 months. censorship (News story, 22 April)
Reporting of domestic violence or 3. Viet Nam: Let us breathe! Censorship and criminalization of online
mistreatment remained extremely low, with expression in Viet Nam (ASA 41/3243/2020)
very few women seeking support from the 4. Viet Nam: Human rights champion arrested, at grave risk of torture
authorities or service providers. (News story, 7 October)
Women human rights defenders continued
to face harassment, discrimination and
gender-based violence. Pham Doan Trang, a
celebrated author and human rights
YEMEN
defender, was arbitrarily arrested on 6 Republic of Yemen
October and charged under Article 117 of the Head of state: Abd Rabbu Mansour Hadi
Criminal Code. Amnesty International Head of government: Maeen Abdulmalik Saeed
recognizes her as a prisoner of conscience.4
If convicted, she could be imprisoned for up All parties to the conflict in Yemen
to 20 years. continued to commit violations of
international humanitarian law and human
ECONOMIC, SOCIAL AND CULTURAL rights abuses with impunity. The Saudi
RIGHTS Arabia-led coalition, supporting the
According to government statistics, the internationally recognized Yemeni
percentage of households living in poverty government, and Huthi forces continued to
had dropped to 2.75% in 2020, a significant carry out attacks that unlawfully killed and
decrease from 9.88% in 2015, reflecting a injured civilians and destroyed civilian
trend whereby growing numbers of the objects. All parties to the conflict carried
population realized their right to an adequate out arbitrary detentions, enforced
standard of living. However, rising economic disappearances, harassment, torture and
inequality threatened the country’s other ill-treatment, and unfair trials of
sustainable development. individuals, targeted solely for their
political, religious or professional
Right to health affiliations, or for their peaceful activism.
Viet Nam reported its first COVID-19 case on The parties to the conflict impeded the flow
23 January and the authorities applied strict of life-saving goods, including food,
measures to contain the spread of the virus. medicine and fuel, and Huthi forces
They reported a total of 1,465 cases of continued to impose arbitrary restrictions on
COVID-19 and 35 deaths at year’s end. While humanitarian aid agencies. The outbreak of

Amnesty International Report 2020/21 397


the COVID-19 pandemic put further The UN Secretary-General’s call in March
pressure on an already depleted health care for an immediate global and humanitarian
system, which had only 50% of its hospitals ceasefire to end hostilities and counter
and health care facilities still operating, as COVID-19 was welcomed by all parties to the
compared to 2016. Additionally, a 50% conflict except the Huthi forces, who refused
drop in the humanitarian response fund to participate. The UN Special Envoy for
compared to 2019 further compounded the Yemen pursued negotiations with parties to
effects of the pandemic on what was left of the conflict, and in September a draft joint
the health system, increased food insecurity declaration was submitted, including
and limited access to clean water, guidelines for a nationwide ceasefire,
sanitation and public health. People with humanitarian measures and engagement in
disabilities and migrant workers were the political process.
impacted disproportionately by the In April, the Southern Transitional Council
combined effects of the conflict and the (STC), backed by the United Arab Emirates
pandemic. Death sentences were handed (UAE), declared “self-rule” in areas under its
down for a wide range of crimes, and control in the south of the country, after
executions were carried out. withdrawing from the Saudi-brokered peace
deal reached in 2019 between the STC and
BACKGROUND the internationally recognized Yemeni
In December, the internationally recognized government. Talks subsequently resumed,
Yemeni government reported that the during which the STC abandoned its
number of COVID-19 cases had reached declaration of self-administration. On 18
2,078, namely in Hadramawt, Aden, Ta’iz, December, a new power-sharing cabinet was
Lahij, Abyan, Almahra, Aldal’a, Ma’arib and formed as part of the Riyadh agreement
Shabwa governorates. Meanwhile, the Huthi headed by Maeen Abdulmalik Saeed.
de facto authorities reported only a handful of The UAE announced the completion of its
cases in northern Yemen. The UN Under- phased military withdrawal from Yemen.
Secretary-General for Humanitarian Affairs However, it continued to illicitly divert
and Emergency Relief Coordinator estimated weapons and military equipment to militias in
in June that there were possibly up to 1 Yemen and carried out air strikes.
million people affected by the virus in the
country, with a fatality rate as high as 25%, UNLAWFUL ATTACKS AND KILLINGS
five times the global average. According to All parties to the conflict continued to commit
the UN, health workers, including those serious violations of international
working on the front line responding to humanitarian law with impunity, including
COVID-19, were significantly impacted by the indiscriminate attacks which killed and
almost 50% reduction in aid. The UN injured civilians and destroyed and damaged
estimated that this would result in: the civilian objects.
closure of water and sanitation programmes Huthi forces used imprecise weapons in
serving 4 million people; 5 million children populated areas, placed internationally
going without routine vaccinations; and the banned anti-personnel mines in farmland,
closure of malnutrition programmes and wells and villages, and shelled
other wider health programmes serving 19 indiscriminately, causing hundreds of civilian
million people. casualties. In March, indiscriminate attacks
The armed conflict continued throughout by Huthi forces hit al-Thawra hospital, the
2020, with attacks by parties to the conflict largest public hospital in Ta’iz city and in
escalating, including in Ma’arib, al-Jawf, al- April, the Central Prison in Ta’iz, killing five
Bayda, Dahle’, Hodeidah, Abyan and Shabwa women and a child, and injuring at least 11
governorates. civilians.

398 Amnesty International Report 2020/21


On 30 December, Aden’s airport was Haydara, who had been detained since
attacked shortly after members of the new 2013, were released.
government from Riyadh arrived in the city of In April, the Huthi-run Specialized Criminal
Aden. The attack killed 26 individuals, Court sentenced four journalists to death
including aid workers, and injured 50 others after a deeply flawed trial based on trumped-
but there were no casualties among cabinet up charges. The same month, the Court
members. The Huthi de facto authority did announced the release of six other
not claim responsibility.    journalists, including Salah al-Qaedi, who had
The Saudi-led coalition carried out multiple been sentenced to three years of house
air strikes in the north, killing at least 49 arrest. The 10 journalists had been detained
civilians, including six children, between for five years without charge or trial.2
June and August. The UN Group of Eminent
International and Regional Experts on Yemen CRUEL, INHUMAN OR DEGRADING
determined that these incidents warranted PUNISHMENT
further investigation, noting that the high Conditions in prisons and detention centres,
number of civilian casualties raised questions including overcrowding, lack of access to
around the proportionality of the attacks and health care and poor sanitation and hygiene,
whether the Saudi Arabia-led coalition took combined with the spread of COVID-19,
all necessary measures to protect civilians exposed detainees to substantial health risks.
and minimize casualties. In August, an air The Yemeni authorities failed to take
strike hit a community college used by Huthi measures to protect detainees and curb the
forces as a detention facility and killed 134 spread of the virus in prisons and detention
detainees and injured 40 others. centres by providing masks or other hygiene
In July, the UK government resumed products.
issuing licences for arms sales to Saudi Tawfiq al-Mansouri remained on death row
Arabia, reversing a 2019 decision, saying as one of four journalists sentenced to death
“there is not a clear risk that the export of in 2020. He suffers from chronic illness
arms and military equipment to Saudi Arabia including diabetes, kidney failure, heart
might be used in the commission of a serious problems, prostate inflammation and asthma,
violation of international humanitarian law.” and in June he contracted COVID-19. The
Huthi de facto authorities continued to deny
FREEDOMS OF EXPRESSION AND him life-saving medical treatment despite his
ASSOCIATION critical health condition.3
All parties to the conflict continued to All parties to the conflict continued to
suppress freedom of expression and detain and torture hundreds of individuals
association through arbitrary detention, targeted solely for their political, religious or
enforced disappearance, harassment, torture professional affiliations or for their peaceful
and other ill-treatment, and unfair trials. In activism. Parties to the conflict also targeted
October the UN Special Envoy for Yemen journalists and human rights defenders,
reported the release of 1,000 prisoners, a many since 2016. Detainees were held in
very low number given the scale and pattern unofficial detention centres and in dangerous
of enforced disappearance and detention conditions. For example, in Aden, the UAE-
cases in the country. backed STC held detainees in a tin building
In March, Mahdi al-Mashat, head of the and an underground cellar in Al Jala camp.
Sana’a-based Supreme Political Council of According to the organization Mwatana for
Yemen, the executive body set up by the Human Rights, at least 13 people were
Huthis, announced the release of all Baha’i arbitrarily detained in Al Jala camp and 17
political prisoners.1 Four months later, six were tortured between May 2016 and April
people of the Baha’i faith, including Hamid 2020.

Amnesty International Report 2020/21 399


According to the Group of Eminent explode or spill more than 1 million barrels of
International and Regional Experts on Yemen, oil into the Red Sea, threatening an
the internationally recognized Yemeni environmental, economic and humanitarian
government was responsible for ill-treatment, catastrophe. An agreement was reached in
sometimes amounting to torture, of detainees November between the Huthi de facto
in Ma’rib political security prison, including authorities and UN. The de facto authorities
beatings, electric shocks and burning of allowed access to UN experts to assess the
genitals, threats of sterilization, and forcing oil tanker and the UN mission team was
detainees to crawl on broken glass. expected to arrive on site by mid-
February 2021.
DENIAL OF HUMANITARIAN ACCESS
The COVID-19 pandemic in Yemen DISCRIMINATION
challenged an already fragile health care people with disabilities
system. Compounded by a funding shortage, People with disabilities continued to face
a blockade, obstruction of aid and a fuel exclusion, inequality and violence, largely
crisis, hospitals lacked the means to respond arising from the systematic failure of the
to the COVID-19 outbreak leading to the Yemeni authorities, humanitarian
resignation of health workers, hospital organizations and donor states to guarantee
closures and the wide spread of the disease their rights and respond to their needs.
among the population. The UN Office for the The conflict further impoverished people
Coordination of Humanitarian Affairs warned with disabilities, and resulted in the complete
that the response to the pandemic and other loss of the limited social security support they
diseases would cease in several once received. People with disabilities also
governorates, affecting 18 million people, lacked access to information on the
including 6 million children. prevention of and protection from COVID-19,
All parties to the conflict impeded access but no data specific to people with disabilities
to humanitarian aid. According to the UN, in was gathered to determine the scale.
2020 approximately 80% of the population
were in need of humanitarian aid and Migrants
protection – with limited access to health The COVID-19 pandemic worsened the
care or clean water – and 20 million people already precarious situation of migrants in
were food insecure. Yemen, who faced ongoing discrimination,
Parties to the conflict increased stigmatization, forcible expulsion and abuse,
bureaucratic restrictions and interfered in aid including sexual violence.
projects, including blocking needs Huthi forces detained migrants in poor
assessments. The escalation of fighting conditions and denied them access to
further restricted freedom of movement, protection and asylum processes. When the
impeding the delivery of aid. pandemic spread, the Huthi authorities
In March, the United States Agency for expelled thousands of migrants to Saudi
International Development (USAID), Arabia, where they were detained in life-
suspended US$73 million of the US$85 threatening conditions pending their
million pledged to NGOs who were delivering repatriation.4
aid to Huthi-controlled areas.
In May, Huthi forces blocked containers DEATH PENALTY
belonging to the WHO and shipments of The death penalty remained in force for
personal protective equipment (PPE) for the many offences, and the authorities continued
COVID-19 response. to use it as a way to silence dissent.
In September, the UN Special Envoy for Executions were carried out by all parties to
Yemen warned that FSO Safer, an oil tanker the conflict. The Huthi-run Specialized
moored near the port of Hodeidah, could

400 Amnesty International Report 2020/21


Criminal Court sentenced individuals to death amendments on grounds that they would
in their absence for treason. undermine the democratic process.

1. Yemen: Huthi authorities’ decision to release Baha’i prisoners is


FREEDOM OF EXPRESSION
‘positive signal’ (Press release, 26 March) Police continued to use the Public Order Act,
2. Yemen: Huthis must end use of judicial system to silence dissent
and other provisions, as well as threats and
(Public statement, 25 March) intimidation to clamp down on freedom of
3. Yemen: Journalist on death row denied medical treatment (Press expression.
release 7 December) In March, police officers in the Central
4. Saudi Arabia: ‘This is worse than COVID-19’: Ethiopians abandoned Province arrested and charged a 15-year-old
and abused in Saudi prisons (MDE 23/3125/2020) boy with defaming the President under Penal
Code provisions after he allegedly mocked
him on social media.
ZAMBIA Chella Tukuta, a photographer, was
arrested by police in June after he spoke
Republic of Zambia publicly about official corruption. He was
Head of state and government: Edgar Chagwa Lungu charged with criminal libel for allegedly
making derogatory remarks about the
The authorities repressed the rights to Minister of Information and other government
freedom of expression, assembly and officials, and detained in various police
association. Journalists, media workers and stations in Lusaka, the capital, and Ndola
lawyers were harassed. The police used over a 10-day period.
intimidation to enforce COVID-19
movement restrictions. Children were Human rights defenders
denied their right to information about Fumba Chama, Laura Miti and Bornwell
reproductive and sexual health and rights. Mwewa were acquitted in a trial before the
Livingstone Magistrates Court in September
BACKGROUND on charges under the Public Order Act.
The national debt reached over ZMK228 Fumba Chama was charged with unlawful
billion (US$11 billion) and was expected to assembly after he hosted a youth forum on
increase as a result of the COVID-19 good governance. Laura Miti and Bornwell
pandemic. Zambia defaulted on its debt after Mwewa were charged, in connection with the
failing to pay a US$42.5 million coupon on same event, with disorderly conduct and
one of its Eurobonds in November. assaulting a police officer. The three had
In August, the Health Minister was been arrested in December 2019 and held at
acquitted of corruption charges in relation to Livingstone Central Police Station before
the misuse of public funds which had been being released on bail.
allocated to COVID-19 health care.
Tensions between the ruling Patriotic Front Journalists
(PF) party and the opposition United Party for Authorities continued to hinder journalists in
National Development (UPND) were their work and to clamp down on the
heightened in advance of the 2021 general independent media.
elections. Jubilee Malambo, a journalist for Prime
The authorities took steps to amend the Television, was prevented from doing his job
2016 Constitution with the introduction of on 21 March in Samfya when PF cadres
Amendment Bill 10, which failed to pass with threatened to break his camera if he took
the required two-thirds threshold of 111 photographs of people whose homes had
votes. Both civil society organizations and been destroyed in heavy rainfall.
individual citizens had challenged the On 9 April, the Independent Broadcasting
Authority (IBA) cancelled Prime Television’s

Amnesty International Report 2020/21 401


licence “in the interests of public safety, Inspector-General of Police said civil society
security, peace, welfare or good order”. The members and traditional leadership were
same day, police went to Prime Television’s “inciting anarchy”.
office in Lusaka and forced staff from the Meanwhile, the ruling party deployed
building. The incident followed the media cadres, made up of its supporters, to carry
outlet’s having run stories about COVID-19 out acts of violence and other intimidatory
and Bill 10. tactics against UPND supporters and others
The authorities also tried to restrict online as a means of preventing and disrupting
broadcasting. Having said publicly that it did peaceful assemblies, beating them and
not regulate broadcast content online, in July destroying their property.
the IBA forced Spring TV to obtain an In July, they attacked mourners at a UPND
operating licence before broadcasting on the supporter’s funeral in Mutumbi Cemetery in
internet. Lusaka.
PF members used violence to prevent the While, generally speaking, the perpetrators
media from airing programmes which of such attacks enjoyed impunity, one cadre
featured opposition leaders. In May, they was sentenced in August to two years’
fired tear gas into the Isoka Community Radio imprisonment for assaulting the Justice
and Muchinga FM stations to prevent them Minister at Kabwata Market in 2019.
from broadcasting interviews with Hakainde
Hichilema, the UPND leader. EXCESSIVE USE OF FORCE
The police employed tactics of intimidation,
Lawyers harassment and arbitrary detention to
Lawyers continued to be subjected to enforce movement restrictions under
intimidation and violent attacks by the COVID-19 regulations and, on some
authorities. In March, the Acting Chief occasions, to prevent peaceful protests. In
Registrar barred constitutional lawyer John April, a police spokesperson announced on
Sangwa from appearing before courts after national television that they had adopted a
he criticized Bill 10 which could, among strategy to “whip” and “detain” anyone found
other things, give the President excessive on the streets.
powers, and the Constitutional Court’s failure In December, police killed two protesters
to allow a petition to challenge Bill 10. when they opened fire on UPND activists
In February, participants at a Law who had gathered in central Lusaka in
Association of Zambia public meeting about support of Hakainde Hichilema, who had
Bill 10, which took place at the been summoned to the police headquarters.
Intercontinental Hotel in Lusaka, were
physically assaulted and had their belongings RIGHT TO HEALTH
stolen by a mob, thought to be members of The authorities failed to provide adequate
PF cadres. public health protection from COVID-19
infection. PPE was available within Zambia
FREEDOM OF ASSEMBLY but did not reach the places where it was
Legislation, intimidation and harassment most needed. Some health workers in high
were used by the authorities to repress the risk regions that did not receive PPE
right to freedom of assembly. In June, the contracted the virus.
President issued threats against members of In May, a laboratory technician was
civil society organizations and anyone else delegated to transport COVID-19 samples for
who planned to protest against infringements testing using public transport. After the bus
of their right to freedom of expression. He he was travelling on crashed, the Health
called on the Minister of Home Affairs to Minister claimed that this mode of transport
“deal with these boys” whom he said did not pose a threat to other passengers and
promoted “anarchy”. On 30 September, the that it was a method normally used for

402 Amnesty International Report 2020/21


transporting samples. Road traffic accidents consulted about the seizure of their
are the third main cause of death in Zambia, traditional land or compensated for the
claiming about 2,000 lives annually and risks destruction of their properties and assets.
of accidents are higher when using public
vehicles.

SEXUAL AND REPRODUCTIVE RIGHTS


ZIMBABWE
In October, the National Assembly Republic of Zimbabwe
suspended the Comprehensive Sexuality Head of state and government: Emmerson Dambudzo
Education (CSE) programme, following a Mnangagwa
review by a working group under the Minister
of National Guidance and Religious Affairs, The authorities used COVID-19 regulations
on the basis that it was “graphic, to justify severe restrictions on the rights to
inappropriate and offensive to cultural, freedom of expression and peaceful
religious and family values”. The CSE was assembly. They deployed security forces to
introduced into the school curriculum in abduct, assault and torture perceived
2013 for primary and secondary school critics, and opposition members and
learners. The African Charter on the Rights leaders. Police and security agents killed at
and Welfare of the Child Articles 11 and 27 least 10 people. Women were denied
protect young people from exploitation and access to essential maternal health care,
provide for their right to education and and violence against women and girls was
information. Suspension of CSE would be widespread.
regressive to the realization of these articles.
BACKGROUND
DISCRIMINATION - PEOPLE WITH In January, a constitutional amendment was
ALBINISM published in the official gazette giving the
People with albinism continued to be President powers to hand-pick judges to
subjected to violent attacks. On 24 March, higher courts and weakening Parliament’s
Emmanuel Phiri’s dismembered body was oversight of financial agreements entered into
found in a field a few kilometres from his by the government.
home in Chipata in the Eastern Province. His On 30 March, the government introduced
eyes, tongue and arms had been removed in measures to prevent the spread of COVID-19,
what appeared to be a ritual killing. In April, imposing punitive movement restrictions,
the body of Josephat Mutenda was exhumed initially for three weeks but periodically
from his grave and his body parts stolen from extending throughout the year. Information
the Likolwa burial site in the Kankomba area. about lockdown rules was unclear, and their
implementation appeared to be arbitrary. On
FORCED EVICTIONS 21 July, a national curfew between 6pm and
On 30 April, the High Court of Zambia ruled 6am was imposed.
that the forced eviction of Serenje rural The pandemic exacerbated the economic
communities from their ancestral land in the crisis and the authorities were unable to
Central Province violated their rights to life, provide social security to vulnerable people.
freedom of movement and association, According to the UN, 7 million people were in
dignity and equal protection under the law; need of humanitarian assistance and 4.3
and that the conversion of their customary million people were severely food insecure.
land was illegal. The communities had been In July, opposition members called on
forcibly evicted in 2013 to make way for people to participate in the nationwide “July
commercial farming projects, since when 31” protests against alleged state corruption,
they had lived in makeshift tents in a forest economic hardship, and to demand the
reserve. The Serenje community was not President’s resignation. The country

Amnesty International Report 2020/21 403


remained in political turmoil: in August, the relating to the charges connected to their
South African government appointed two abduction in May, the Harare Regional
special envoys to visit Zimbabwe and identify Magistrate ordered that Joana Mamombe be
possible resolutions to ongoing violence by tried separately from Cecilia Chimbiri and
security forces against the population. Netsai Marova on grounds that she had been
declared unfit to stand trial. An application by
EXCESSIVE USE OF FORCE their lawyers for this order to be reviewed was
Security forces frequently used excessive pending at the end of the year.
force to prevent or crackdown on peaceful In the days running up to the July 31
protests and to impose lockdown restrictions, protests, security forces raided the homes of
killing at least 10 people. Security forces also those suspected of supporting the initiative,
arbitrarily arrested and detained protesters in some cases vandalizing property.
and others in the context of enforcing On 30 July, Tawanda Muchehiwa was
COVID-19 measures. In the first four months arrested by police in a shop in Bulawayo. On
of lockdown, 116,000 people were arrested the way to the police station, the officers
for violating COVID-19 regulations. Many handed him over to the Ferret Team, who
were subjected to violence, including a tortured him to reveal the whereabouts of his
significant number of women. Two sisters, uncle, Mduduzi Mathuthu, the editor of
Nokuthula and Ntombizodwa Mpofu, were online newspaper ZimLive.com. They
severely beaten by police on 16 April in released him far from his home four days
Bulawayo when they went out during curfew later.
to buy food for their children. The same day, security forces raided
A joint team comprised of agents of the Mduduzi Mathuthu’s home, and, when they
police, military, the Central Intelligence failed to find him, took away his sister and
Organisation, and the Office of the President, two of his nephews who were later released
known as the “Ferret Team”, terrorized after the Media Institute of Southern Africa
government critics, opposition leaders and intervened.
activists, and their family members. Many, The violence continued after July, and on
including several members of the main 7 August, four unidentified men abducted
opposition party, Movement for Democratic Noxolo Maphosa in the street. She was
Change-Alliance (MDC-A), were abducted sexually assaulted to force her to reveal the
from police custody, tortured and dumped far whereabouts of her uncle, Josphat Ngulube,
from their homes. an MDC-A member who had been accused
In May, Joana Mamombe, a politician, of distributing face masks bearing the slogan
Cecilia Chimbiri and Netsai Marova were “#ZANUPFMustGo” (referring to the ruling
arrested at a police roadblock in the capital, party).
Harare, while they were leading a On 12 August, Tamuka Denhere, another
demonstration against inadequate protection member of the MDC-A, was taken from his
for the poor. They were abducted the same home in Gweru city by unidentified men and
day from Harare Central Police Station by a tortured over several hours. They then
group of men believed to be from the Ferret handed him over to Harare Central Police
Team, who physically and sexually assaulted Station. Police also arrested his wife after she
them and dumped them 87km from their reported his abduction.
homes in Harare three days later. In June,
the State charged the women with faking Unlawful killings
their abductions and “tarnishing the country’s Police and state security agents unlawfully
image”. On 31 July, they were re-arrested at killed at least 10 people. No meaningful
a checkpoint. While they were being held, a investigations were carried out into these
soldier whipped Cecilia Chimbiri for allegedly crimes.
insulting him. In December, in the case

404 Amnesty International Report 2020/21


On 15 March, police went to the home of In March, the Commander of the
Bhekani Moyo in Silobela village, in Zimbabwe National Army said that social
connection with assault allegations, and shot media was proving a threat to national
him dead. On 30 March, Levison Moyo was security and that the military would put
beaten by police in Bulawayo for allegedly private electronic communications under
violating lockdown restrictions and died four surveillance to “guard against subversion”.
days later from a brain haemorrhage. In May, Christian Rambu was arrested in Chipinge
police, travelling in an unmarked vehicle, town in April for distributing a WhatsApp
shot and killed Paul Munakopa in Hillside, message accusing the President of
Bulawayo. incompetence. Rujeko Hither Mpambwa,
At least two opposition activists were from Kariba, was arrested in August for
unlawfully killed. In July, Mazwi Ndlovu, from criticizing on social media the President’s
Bulilima, was killed by agents suspected to address to the nation.
be affiliated with ZANU-PF after he raised
concerns about the way food was distributed Journalists
to those in need. A man suspected of killing Police and military officers used the
him was later arrested but released without COVID-19 restrictions as a pretext to justify
appearing in court or applying for bail. Also in the harassment and intimidation of journalists
July, state security agents in Hurungwe and other media workers, at least 25 of
abducted, murdered and dumped the naked whom were assaulted and arbitrarily arrested
body of Lavender Chiwaya, an MDC-A and detained while working, or on their way
councillor, near his home. to and from work. They were accused of
violating lockdown restrictions, disorderly
FREEDOM OF EXPRESSION conduct or using expired accreditation
The authorities used COVID-19 restrictions as documents which, under the COVID-19
a pretext to limit civic space and restrict regulations, should have been considered
human rights. Section 14 of Statutory valid during lockdown. Journalists were
Instrument 83 of 2020 on Public Health frequently ordered to delete their videos or
(COVID-19 Prevention, Containment and photographs without a valid reason.
Treatment) Regulations, 2020 criminalized
the “spreading of false news” about FREEDOM OF ASSEMBLY
COVID-19 and imposed a 20-year prison The authorities used Section 14 of Statutory
sentence and/or a hefty fine. Lovemore Instrument 83 of 2020 on Public Health to
Zvokusekwa, from Chitungwiza, a town on prohibit demonstrations during lockdown.
the outskirts of Harare, was arrested in April, Between March and August, security
and accused of circulating a fabricated press forces locked down roads to Harare’s central
statement purporting to be from the business district to prevent protests in
President, announcing a lockdown extension. support of prominent activists facing trial.
Later that month, the President said he In townships in Harare, officers robbed
should receive a 20-year prison sentence as some people at gunpoint, demanded bribes
an “example” to others. On 30 April, he was or severely beat them for breaking lockdown
released from detention on remand although regulations.
he faced trial pending possible further Dozens of people were arrested for
investigations by the prosecution. The organizing or participating in peaceful
authorities used further provisions which demonstrations, including activists Namatai
criminalized people solely for peacefully Kwekweza and Vongai Zimudzi, arrested in
exercising their right to freedom of June for demonstrating against constitutional
expression, including “undermining the amendments.
authority of the President” or “insulting” him, In July, at least 17 nurses were prosecuted
to discourage criticism on social media. for violating lockdown regulations after they

Amnesty International Report 2020/21 405


protested against low wages and poor early, ostensibly to allow staff to get home
working conditions at the Sally Mugabe before the curfew. Consequently, hearings
Central Hospital in Harare. They were were repeatedly adjourned, and critics and
acquitted of all charges. activists were unable to get bail and were
In the same month, the authorities kept in prolonged pre-trial detention. Jacob
launched a brutal crackdown on opposition Ngarivhume, a politician, who was arrested in
leaders involved in organizing the July 31 connection with the July 31 protests, and
protests (see above, Excessive use of force) Hopewell Chin’ono, a journalist who was
and on trade unionists who had called for arrested for exposing allegations of corruption
strike action. Throughout July, security forces among government officials, spent around six
arrested at least 60 people. weeks in pre-trial detention, having been
On 12 July, unidentified men tried to denied bail three times. Godfrey Kurauone,
abduct the brother and nephew of Peter an MDC-A councillor in Masvingo, spent over
Mutasa – the leader of the Zimbabwe five weeks in jail for “insulting” the President.
Congress of Trade Unions – from his home. At least 10 lawyers were harassed in
On 16 July, a group of men broke into the connection with cases they represented,
house of Obert Masaraure, President of the some of them facing prosecution on
Amalgamated Rural Teachers Union of trumped-up charges. In June, Thabani
Zimbabwe (ARTUZ), in the early hours, Mpofu was arrested and bailed, on
taking his wife into custody for several hours allegations of obstructing justice by filing an
to try to force her to reveal his whereabouts. affidavit from a fictitious person in a case
Three days earlier ARTUZ had organized a which challenged the appointment of the
demonstration to protest about low wages. Prosecutor General. The author of the
An overnight curfew was imposed on 21 affidavit later presented himself to the police,
July, ostensibly to prevent the spread of but the case against the Thabani Mpofu
COVID-19 infection, but which critics continued at the end of the year.
interpreted as a clampdown on protests. On In July, the Chief Justice directed that all
27 July, a ZANU-PF spokesperson called on court judgements be “approved” by the head
supporters to use all necessary means to of the court or division before being handed
defend themselves ahead of the nationwide down. The directive was withdrawn following
July 31 demonstrations. When the protests strong objections from lawyers and civil
went ahead, police arrested at least 20 society activists.
people, who were charged with various In August, a magistrate barred Beatrice
offences including “public nuisance”, Mtetwa, a human rights lawyer, from
“intention to incite public violence”, and representing her client and recommended
breaking COVID-19 regulations. They were that her licence be revoked after she was
later released on bail. On 4 August, the falsely accused of running a Facebook page
President said the protest supporters were which criticized the justice system.
“bad apples” who would be “flushed out”.
RIGHT TO HEALTH
RIGHT TO TRUTH, JUSTICE AND Between March and June, a total of 106
REPARATION maternal deaths were recorded, largely as a
Opposition and civil society members, result of movement restrictions which
activists and lawyers accused the authorities prevented many pregnant women from
of using the judicial system to harass and accessing services. In July, a woman from
penalize opponents or perceived critics of the Chitungwiza was forced to pay a bribe to get
government. through a police roadblock to reach hospital
Statutory instruments were used to when she was in labour.
suspend constitutional rights. For example, The government did not release
COVID-19 restrictions led to courts closing information on the number of health workers

406 Amnesty International Report 2020/21


who had tested positive for COVID-19 until
August, when they announced there were
more than 480 cases. In September, the UN
Office for the Coordination of Humanitarian
Affairs reported a decrease in access to
essential health care facilities as a
consequence of COVID-19 infection among
health workers and a lack of PPE, among
other things. Calls from front-line health
workers for adequate PPE and essential
drugs went unheeded, and in April the
Zimbabwe Association of Doctors for Human
Rights took a case to the High Court which
ordered the government to, among other
things, provide PPE to front-line health
workers.

VIOLENCE AGAINST WOMEN AND GIRLS


Within the first 11 days of lockdown, 764
cases of violence against women and girls
were recorded, rising to 2,768 by mid-June.
The authorities failed to prioritize services to
protect women and girls from such attacks.
Meanwhile, victims were denied prompt
access to justice.

Amnesty International Report 2020/21 407

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