1 Amnesty International Urges United States to Clarify Basis for Lethal Drone Attacks in Pakistan

Newsletter
Amnesty International USA Group 48

02.12
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2 INDONESIA: Urgent Action - Fears For Church Congregation Continue 4 CHINA:Urgent Action Risk of execution, Legal concern 6 HONDURAS: Urgent Action - Death Threats Against Honduran Journalist 7 UN court ruling on Nazi war crime victims a setback for rights AIUSA-Group 48 http://aipdx.org 503-227-1878 Next Meeting: Friday February 10th First Unitarian Church 1011 SW 12th Ave 7:00pm informal gathering 7:30pm meeting starts
NewsLetter Designed By Michelle Whitlock MichelleWhitlock.com

The United States must disclose details

January 31, 2012

Amnesty International Urges United States to Clarify Basis for Lethal Drone Attacks in Pakistan
ability in the U.S. drone program: its scope, legal justification and provisions to safeguard civilians, said Tom Parker, Amnesty International USAs policy director for (counter) terrorism and human rights.

The President said that the drone strikes were a targeted focused effort at people who are on a list of active terrorists. President Obama made the rare public He asserted that the strikes targeted acknowledgment on Monday during an al-Qaeda suspects who are up in very hour-long online video chat with users tough terrain along the border between of the social network Google+. Amnesty Afghanistan and Pakistan. International also called on the United U.S. Attorney General Eric Holder will States to monitor civilian casualties reportedly touch on the U.S. Governinflicted by drone attacks in Pakistan. ments legal arguments in support of President Obamas confirmation of such killings by drone attacks in a speech on national security in the comdrone use in Pakistan opens the door ing weeks. for improved transparency and account-

of the legal and factual basis for the lethal use of drones in Pakistan, Amnesty International said today, after President Barack Obama confirmed that the CIA is using the unmanned aircraft to target suspected militants in the countrys tribal areas.

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The drone program has been conducted in secrecy for too long, said Parker. Attorney General Holder needs to bring some clarity to this debate by answering questions on the legal theory underpinning these operations, how targets are chosen and who decides when to pull the trigger. Past justifications offered by U.S. officials have invoked legal justifications based on a global war between the United States and al-Qaeda, a concept that is not recognized by international humanitarian or human rights law. U.S. drone attacks have doubled overall in Pakistan during the Obama administration. Thousands of people have been

killed by the strikes - civilians as well as suspected militants. Because of the security situation and difficulty in accessing the terrain, it has been impossible for organizations like Amnesty International to verify the number of civilian casualties caused by drones. In its June 2010 report, As If Hell Fell on Me: The Human Rights Crisis in Northwest Pakistan, Amnesty International said the use of drones to target insurgents in northwest Pakistan had generated considerable resentment inside the country. Available evidence shows that the number of strikes decreased during 2011.

INDONESIA: Urgent Action - Fears For Church Congregation Continue

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Since the church was sealed off in 2008, the congregation have conducted weekly services on the pavement outside the church, where they face continued protests and intimidation by radical groups. However, Amnesty International is not aware of any investigation into the ongoing threats against the congregation.

This Urgent Action reflects an ominous trend in Indonesia attacks by fundamentalist Muslim groups against minority religious communities. These attacks are ignored or abetted by authorities. This attack is against a Christian group, but several Muslim communities have been attacked also. (For years Amnesty and Human Rights Watch have documented attacks against Ahmadiyya Muslims). Below this action I have appended a few paragraphs from a January 13 news report by Amnesty regarding attacks against a Shia community. PLEASE respond to this Urgent Action. Max White

On this occasion, due to ongoing fears for their safety, the congregation had decided in advance to move their weekly service to a house about 300m from the church. Protesters intimidated and verbally abused some of the congregation as they made their way to the service at the house. At 9am, around 30 minutes after worship began, at least 50 Bogor Municipal Administrative Police (Satpol PP) officers also arrived at the scene.

Shortly afterwards, dozens of protesters began gathering outside the house, intimidating the congregation and shouting at them to leave. However, instead of taking steps to ensure that the service could be conducted without interference, the administrative police attempted to persuade the worshippers to leave. Despite such pressure, the congregation refused to he congregation of the Taman Yasmin Indonesian Christian leave while the protesters were present. This continued until the Bogor District Police Chief agreed to guarantee protection Church fear for their safety after they were intimidated by of the congregation.The congregation then left the house unmembers of radical Islamist groups on 22 January. They are der police protection. The church was closed in 2008 after its at risk of further intimidation and possible attacks. At about 7am on 22 January, members of two radical Islamist groups - building permit was revoked. The Bogor city administration the Islamic Reform Movement and Muslim Communications claimed that the permit was obtained using falsified signatures. However, in December 2010 the Indonesian Supreme Forum - gathered near the site of the church, blocking the Court overturned the decision and ordered the church to be road with tree branches and wooden chairs.

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re-opened. Following the failure of the Bogor city administra- Additional Information The Taman Yasmin Indonesian Christian Church (Gereja tion to comply with the decision, the Indonesian OmbudsKristen Indonesia, GKI) in Bogor, West Java, was closed and man has referred the case to the President. sealed off by the Bogor city administration in 2008 after its Action building permit was revoked. The Bogor city administration Please write immediately in English, Indonesian calling on claimed that the permit was obtained using falsified signaIndonesian authorities to: tures from members of the community. However, in Decem Take adequate measures to guarantee the safety of the ber 2010 the Indonesian Supreme Court overturned the deciTaman Yasmin Indonesian Christian Church congregation sion and ordered the church to be re-opened. The authorities so that they can practice their religion free from attacks and in Bogor have refused to comply with the ruling, citing fears intimidation; that it would spark social unrest. The case of the Taman Yas Ensure that the Bogor city authorities immediately comply min Indonesian Christian Church has received support from with the Indonesian Supreme Court ruling and re-open the various political and religious figures across Indonesia and Taman Yasmin Indonesian Christian Church; in the past they have been present at the site of the church to monitor the weekly threats against the congregation. On Conduct prompt, independent and impartial investigations into all reports of intimidation, harassment and attacks January 22 Lily Wahid, an Indonesian parliamentarian, and against members of the Taman Yasmin Indonesian Christian members of her team who were also present, attempted to negotiate with the Bogor Municipal Administrative Police Church and bring the perpetrators to justice inaccordance (Satpol PP) officers to allow the congregation to continue with international fair trial standards. their worship. On 18 July 2011 the Indonesian Ombudsman, Appeals To tasked with overseeing state officials and public services, gave PLEASE SEND APPEALS BEFORE 6 MARCH 2012 TO: the Bogor city administration a 60-day deadline to comply President of the Republic of Indonesia with the Supreme Court ruling. On 13 October 2011, after H.E. Susilo Bambang Yudhoyono Istana Merdeka AIUSA Group 48 Contact Information Jakarta, 10110 Indonesia Central Africa / OR Group Coordinator State Death Penalty Joanne Lau Fax: + 62 21 345 2685 Abolition jlau@easystreet.net Salutation: Your Excellency Head of the Indonesian National Police General Timur Pradopo Jl. Trunojoyo No. 3 Jakarta Selatan, Indonesia Fax: +62 21 722 0669 Salutation: Dear General Minister of Justice and Human Rights Amir Syamsuddin Jl. H.R. Rasuna Said Kav No. 4-5 Kuningan, Jakarta Selatan, 12950 Indonesia Fax: +62 21 525 3095
Copies To
Treasurer Tena Hoke tena.hoke@gmail.com Newsletter Editor Dan Webb write_to_dan@yahoo.com Concert Tabling Will Ware ww_ware@yahoo.com Legislative Coordinator Dan Johnson daniel.p.johnson@gmail.com Indonesia Max White 503-292-8168 maxw33@comcast.net Terrie Rodello tarodello@igc.org Central America Marylou Noble marylou_noble@ yahoo.com Darfur (Sudan) Marty Fromer martyfromer@gmail.com Prisoners Cases Jane Kristof kristofj@pdx.edu Cornelia Cerf Ron Noble ronald0216@yahoo.com

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the Bogor city administration had failed to comply with the recommendation, the Indonesian Ombudsman reportedly referred the case to the Indonesian President and House of Peoples Representatives, as permitted under the 2008 Ombudsman Law (Law No. 37/2008).

(http://www.amnestyusa.org/news/news-item/indonesiamust-protect-shi-a-villagers-from-further-attacks)

Excerpt from a January 13 AI news release, Indonesia must protect Shia villagers from further attacks

The right to freedom of religion in Indonesia is guaranteed in the Indonesian Constitution and the International Covenant on Civil and Political Rights (ICCPR), to which Indonesia is state party. However, Amnesty International continues to Although security forces knew the timing of the attack in receive reports of attacks and intimidation against religious minorities in Indonesia, including Christians. In 2011 at least advance, instead of taking steps to prevent it or protect the villagers, they stood by filming on their mobile phones or 18 churches were attacked or forced to close down. Some churches were burned down or otherwise damaged by violent watching the attacks. (One of the videos is online at: http:// youtu.be/362RWe8H0zQ) groups. Church members have also been targeted and atThe only person arrested for the attack has since been retacked. leased.

... On 29 December 2011, houses, a boarding school and a place of worship belonging to the Shia community in Nangkrenang village, Sampang, Madura Island, were attacked and burned by a mob of around 500 people, some of whom were carrying sharp weapons.

CHINA: Urgent Action - Risk of execution, Legal concern

Lau Fat-wai (m)
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selling drugs and illegal possession of firearms, and were given sentences ranging from three years to death sentence with a two year reprieve. Guangdong Provincial Higher People's Court upheld Lau Fat-wai's death sentence on 28 September 2011. The Supreme People's Court, which reviews all death sentences in China and has the power to approve or revise them, is now reviewing Lau Fat-wai's case. Lau Fat-wai is currently detained in Guangzhou City No. 1 Detention Center. According to his family, the authorities have not allowed them to meet with Lau Fat-wai since his arrest April 2006. They have only been able to correspond with him through letters. Please write immediately in Chinese or your own language: urging the Chinese authorities not to execute Lau Fat-wai; calling on the authorities to ensure that Lau Fat-wai has access to his family and any medical attention he may require; urging the National People's Congress to introduce a legal procedure for requesting clemency and to eliminate the death penalty for all non-violent crimes;
Action

A man sentenced to death in China for drugs offenses, Lau

Fat-wai, is currently having his case reviewed by the Supreme People's Court. If the Supreme People's Court upholds his death sentence, he could be executed within a week of the court's decision. Lau Fat-wai is a resident of Macau, a partly autonomous special administrative region of China. He was arrested in mainland China in April 2006 accused of transporting and manufacturing drugs and the illegal trading in materials for manufacturing drugs. He was sentenced to death by the Guangzhou City Intermediate People's Court, south-east China, on 16 March 2009. Thirteen other co-defendants were convicted for various crimes including manufacturing and

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urging the authorities to establish an immediate moratorium on executions with a view to abolishing the death penalty, in line with UN General Assembly resolutions 62/149 of 18 December 2007, 63/168 of 18 December 2008 and 65/206 of 21 December 2010. PLEASE SEND APPEALS BEFORE 1 MARCH 2012 TO: Supreme People's Court President WANG Shengjun Yuanzhang Zuigao Renmin Fayuan 27 Dongjiaomin Xiang Beijingshi 100745 PEOPLE'S REPUBLIC OF CHINA Fax: 011 86 10 6529 2345 Salutation: Dear President National People's Congress Standing Committee Chairman WU Bangguo Weiyuanzhang Quanguo Renda Changwu Weiyuanhui Bangongting 23 Xijiaominxiang Xichengqu Beijingshi 100805 PEOPLE'S REPUBLIC OF CHINA Salutation: Dear Chairman Chief Executive of Macau Special Administrative Region CHUI Sai On Fernando Sede do Governo da RAEM Avenida da Praia Grande MACAU Fax: 011 853 2872 6168 Email: gce@raem.gov.mo Salutation: Dear Chief Executive Ambassador Zhang Yesui Embassy of the Peoples Republic of China 3505 International Place NW Washington DC 20008 Tel: 202 495-2266 Fax: 1 202 495-2138 Email: chinaembpress_us@mfa.gov.cn Please check with the AIUSA Urgent Action Office if sending appeals after the above date.
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No one sentenced to death receives a fair trial in China. There are also significant gaps between the law, practice and international commitments made by China to uphold international fair trial standards. Many have had confessions accepted despite saying in court that these were extracted under torture; have had to prove themselves innocent, rather than be proven guilty; and have had limited access to legal counsel. The death penalty is applicable to at least 55 offenses in China, including non-violent ones, such as drug-related crimes. Statistics on the death penalty are a state secret but Amnesty International estimates that China executes thousands of people every year and certainly more than the rest of the world combined. In January 2007, the practice of having the Supreme Peoples Court (SPC) review all death sentences was restored. It had been suspended in 1982. All death sentences must now be reviewed by the SPC, which has the power to approve or revise death sentences. The Chinese authorities have reported a drop in executions since the SPC resumed this review but decline to release relevant statistics which remain classified as a State Secret. Legal academics and court officials in China have occasionally been quoting estimating the decrease at between 10-15% each year since 2007. Whilst information on the application of the death penalty remains shrouded in Postage Rates
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secrecy in China, it is impossible to make a full and informed analysis of death penalty developments in China, or to verify if there has been such a reduction in its use.

China provides no clemency procedures for condemned prisoners after they have exhausted their appeals through the courts.

HONDURAS: Urgent Action - Death Threats Against Honduran Journalist

the phone and alerted her colleagues who were there with her. The caller rang again immediately, but another journalist answered the phone. The man demanded to talk to Gilda Silvestrucci and claimed he was armed with a weapon. Please write immediately in Spanish or your own language: Calling for an independent, thorough and impartial investigation into the threats against Gilda Silvestrucci, with the results made public and those responsible brought to justice; Urging the authorities to take immediate steps to fully provide appropriate protection to Gilda Silvestrucci and her family members in accordance with her wishes. PLEASE SEND APPEALS BEFORE 8 MARCH 2012 TO: Attorney General Sr. Luis Alberto Rub Fiscal General de la Repblica Lomas del Guijarro, Avenida Repblica Dominicana, Edificio Lomas Plaza II Tegucigalpa HONDURAS Fax: 011 504 2221 5667 Salutation: Sr. Fiscal General / Dear Attorney General
Appeals To Action
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Honduran journalist Gilda Silvestrucci has received death

threats by phone. In recent weeks she has been campaigning for justice for Honduran journalists who have been threatened, attacked or killed as a consequence of their work, often exposing human rights violations. Her safety could be at risk.

Gilda Silvestrucci is a journalist based in the capital, Tegucigalpa, where she currently hosts a radio programme on Radio Globo that focuses on human rights issues including a new mining law, unlawful killings that have taken place in the Aguan region, and corruption. Since December 2011, Gilda Silvestrucci has been a member of the group Journalists for Life and Freedom of Expression (Periodistas por la Vida y la Libertad de Expresin). She joined the group after a journalist Minister for Justice and Human Rights was killed in Tegucigalpa in December 2011. Ana Pineda Ministra de Justicia y Derechos Humanos On 23 January, half an hour after the end of her radio proCol. Lomas del Mayab, gram, Gilda Silvestrucci received a phone call to her mobile phone. The male caller asked her if she was the owner of the Ave. Repblica de Costa Rica, phone. When Gilda Silvestrucci demanded the reason for the Entre BAC-BAMER y BANHCAFE question, the caller said Look, we already know you have Tegucigalpa MDC three children ...that just now you were in the street with your HONDURAS son...and the eldest [child] ...is at home, and were going to Fax: 011 504 2235 8379 kill you (Ya sabemos que tens tres hijos... que Email: info@sjdh.gob.hn ahorita ands en la calle con tu hijo... y que la mayor est Salutation: Dear Minister / Estimada Sra. Ministra en tu casa...y te vamos a matar). Gilda Silvestrucci hung up

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Comit de Familiares de Detenidos Desaparecidos en Honduras (COFADEH) Barrio La Plazuela, Avenida Cervantes
February 3rd, 2012
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Copies To

Casa No. 1301 Tegucigalpa, HONDURAS Fax: 011 504 2220 5280

UN court ruling on Nazi war crime victims a setback for rights

Although Italy was a German ally during World War II, many Italians suffered a similar fate to Ferrini. Since 2004, numerous proceedings have been taken out against Germany before Italian courts by prisoners of war who were used as forced labourers and by the families of massacre victims crimes perpetrated by German forces during the final months of the Second World War. Germany has paid tens of billions of dollars in reparations since the 1950s and appealed to the ICJ in 2008 after Italys Supreme Court backed Luigi Ferrinis compensation claim. German authorities have argued that if the ICJ sided with Italy, it would open floodgates for compensation claims by individuals around the world.

A decision by the United Nations top legal body that Italy

was wrong to allow action through its courts to seek compensation from Germany for Nazi-era war crimes is a setback for human rights, Amnesty International said today.

Todays ruling by the International Court of Justice (ICJ) conThe court noted with surprise and regret that Germany firms that Germany has legal immunity from being sued for reparations in foreign courts by victims of Nazi war crimes, in excludes Italians interned by Germany during the war from existing reparation schemes. The Court said Germany was breach of their human rights. responsible for war crimes committed by its armed forces This is an astonishing ruling. Today the ICJ has taken a big during the Second World War in Italy and Greece, and admitstep backwards on human rights and turned the right to ted that its judgment may prevent victims receiving compencompensation for war crimes into a right without a remedy, sation. said Widney Brown, Amnesty Internationals Senior Director However, it said that the claims could be the subject of furof International Law and Policy. ther negotiation between Germany and Italy with a view to The judgment flies in the face of the Hague Convention, unresolving the issue. der which victims of war crimes are entitled to sue the state The suggestion that further negotiations will resolve the isresponsible to obtain reparation, she said. sue disregards the rights at stake, said Widney Brown. What is particularly worrying is that other national courts They have produced no reparation for the victims for more may follow this judgment despite the fact that the ICJs than 60 years. judgment in this case is binding only upon Germany and Italy. While ICJ rulings are binding on the parties in the case at The ICJ said Italys Supreme Court violated Germanys sovereignty in 2008 by ruling that an Italian civilian, Luigi Ferrini, was entitled to reparations for his deportation to Germany in 1944 to work as a slave labourer in the armaments industry. hand, other national courts must remember that this judgment is not the final word on the right of victims to reparations or on claims of immunity by states that refuse to implement that right, she added.

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AIUSA group 48 Newsletter February 2012