UK government accountable for a lack of progress on human rights.


A recent report by the Equality and Human Rights Commission highlights a lack of UK government progress on human rights:  It concludes that no progress has been made in the category of ‘political and civic participation, including political representation’ and its ‘equality and human rights legal framework’. This is due in part to the New Immigration Act, Police Crime Bill and the reviews of the Human Rights Act and the legal process of Judicial Review.  

The report also covers the topics of ‘educational attainment’, ‘hate crime and hate speech’, ‘human trafficking and modern slavery’ and ‘mental health’. It concludes that: “Women, ethnic minorities and disabled people remain under-represented in politics and diversity data is inadequate. Candidates sharing certain protected characteristics are disproportionately subject to abuse and intimidation, and long-term funding is needed to ensure disabled people’s equal participation.” 

The EHRC considers that there has been a severe regression of human rights with The Coronavirus Act and the removal of the EU Charter of Fundamental Rights from domestic law after Brexit. 

The United Kingdom is signed up to seven UN human rights treaties. The EHRC’s report clearly demonstrates the UK government’s lack commitment to ensure its citizens’ rights are properly protected.  The EHRC’s full report: Check on UK Government progress | Human Rights Tracker

Urgent Action: Pakistan


This is an urgent action for a couple in prison in Faisalabad for the crime of blasphemy. They face the death penalty and have been in prison since 2014. They are Shafqat and Shagufta and further details can be found on the link below from Amnesty International. The problem is that the ‘crime’ of blasphemy is very hard to prove and is based often on hearsay. The allegation can be made as part of a feud. If you have time to respond to the action it would be appreciated. Previous actions have been successful in gaining the release of people accused of this so-called crime.

https://action.amnesty.org.au/emailviewonwebpage.aspx?erid=5d509ae4-2412-4e4b-ad09-a619edd94cf1&trid=5d509ae4-2412-4e4b-ad09-a619edd94cf1

Sixtieth Anniversary!


Amnesty International celebrates its 60th anniversary this year and the local group braved the inclement weather to take a group shot to mark the occasion. The Salisbury group was established a few years after AI was formed and is still going strong. The need for human rights organisations is even stronger than ever with many examples around the world of people’s rights being infringed.

In Yemen there is the continuing war and bombing of civilians continues unabated; the genocide of Rohingya in Burma (Myanmar); Syria; wars in the Horn of Africa are just some examples.

In the UK we remain concerned at government attempts to stifle freedoms of assembly, the Judiciary and their long term desire to curtail or abolish the Human Rights Act.

If you live in the south Wiltshire area and would like to join us, you would be very welcome.

Minutes of the May meeting


We are pleased to attach minutes of our May meeting via Zoom thanks to group member Lesley for preparing them. The government’s treatment of refugees occasioned a lot of discussion. We hope to be able meet in person later in the summer.

Death penalty report: April – May 21


We attach the death penalty report for April – May 2021. Note the report does not include China which is believed to execute thousands of its citizens but the statistics for which are a state secret.

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Protecting our human rights


Report of a Zoom meeting

This is a report of a Zoom meeting on 28 April 2021, organised by Young Legal Aid Lawyers on the subject of protecting our human rights. Young Legal Aid Lawyers (YLAL) is a group of lawyers who are committed to practising in those areas of law, both criminal and civil, that have traditionally been publicly funded. YLAL members include students, paralegals, trainee solicitors, pupil barristers and qualified junior lawyers based throughout England and Wales. We believe that the provision of good quality publicly funded legal help is essential to protecting the interests of the vulnerable in society and upholding the rule of law.

We are grateful to group member Mike for preparing this post.

The panel of speakers were:  

Ciara Bartlem, Barrister (Chair); Michael Mansfield QC (HR Specialist); Audrey Mogan, Barrister; Katy Watts, Solicitor, Liberty; Chai Patel, Policy Director, JCWI; Shami Chakrabarti, Barrister, House of Lords.  

Two questions posed were: a) is government becoming increasingly authoritarian, and b) what can be done to curb the progression towards authoritarianism? 

The panel all agreed that government is becoming more authoritarian. Michael Mansfield QC said that activist lawyers are now Home Office targets with the Home Secretary tending toward aggressive oppression. He referred to May’s total dislike of the ECHR as well as other examples.  

The main concerns are the three Acts that we have already identified: CHIS, Police Crime Bill and Overseas Trade. The UK HR Act is not under immediate threat though it is under review but the panel agreed that the three acts do undermine our HR and the trajectory is increasing.  

While the Police Crime Bill does not directly make protesting illegal, it provides the police with huge powers to determine when a protest is causing a ‘disturbance of the peace of others’; it gives ‘guilty’ protestors a criminal record and excessive sentencing powers to the courts. ‘Disturbing the peace of others’ is not specified and could be about noise, inconveniencing shoppers to holding up traffic.  

Shami Chakrabarti was particularly scathing about CHIS and how it can be used in conjunction with the Police Bill. She warned of agent provocateurs being used to create/encourage violent protests thereby giving the police powers to act, and the courts powers to sentence ‘undesirable’ protestors.  

They all agreed that these, and the general trend, is a back door threat to our freedoms and towards an increasingly authoritarian government.  

There was also a lengthy discussion about the ending, or curtailing, of Judicial Reviews. Judicial Review is the ability for courts (lawyers) to challenge the legality of a government action (or a government agency such as the police). Either in the three Acts or elsewhere the government wants to end (restrict) the process of Judicial Review, thereby rendering government unaccountable to the law. There has been an continuing debate as to whether judges, enabled in part by the Human Rights Act, have expanded their reach into what some consider to be inherently political areas of decision making.  Judicial Review is subject to a review at present.

Sadly, what can be done was far more directed towards lawyers and actions in the court than activists. They talked about the increasing importance of using Legal Observers at protests.  

Though an interesting and simple suggestion was: get ready to use your mobile phone, learn how to video quickly. The George Floyd case in America was blown open by video. We are unlikely to see a lot of such incidents in Salisbury, but the inference is to stop abuse in the streets before it gets to the courts.  

The panel also recommended two videos:  

The Brink: [trailer] Steven Bannon in the US and his involvement in UK, particularly, Brexit politics. 

The 13th: [trailer] after the emancipation of slaves the 13th amendment was used to criminalise black people.  

The Salisbury group is concerned – along with many others – about the government’s stated desire to abolish the Human Rights Act. Curtailment of liberties, including the right to protest and Judicial Review, is part a drip, drip of actions the government is engaged in.

Amnesty’s death penalty report: 2020


This is an extract from Amnesty’s annual death penalty report for 2020 which, overall, is good news with a decline in the use of the penalty around the world. It excludes China which executes thousands of its citizens but does not publish figures which are a state secret.

Once again the number of known executions has fallen (by 26%) and at 483 is now at its lowest for 10 years.  The number of known death sentences imposed has also fallen. Much of the fall in execution numbers has been driven by significant reductions in Saudi Arabia (down 84%) and Iraq (down over 50%).  However, these falls have been offset by a tripling of executions in Egypt to at least 107.

The five countries that executed the most people are China (1,000s), Iran (at least 246), Egypt (at least 107), Iraq (at least 45) and Saudi Arabia (27). In the USA the picture is mixed with state executions significantly down but this was negated by a surge in federal executions ordered by the outgoing Trump administration.  The USA remains the only country in the Americas to execute people.

The number of known death sentences handed down has also fallen from 2,307 to 1,477 although some of this reduction appears to be due to delays in proceedings in response to the pandemic.

18 countries are known to have carried out executions in 2020, a reduction of 2 since 2019.  Chad and the US state of Colorado abolished the death penalty and Kazakhstan committed to its abolition. On the other hand executions were resumed in India, Qatar, Oman and Taiwan.

Some of the more disturbing trends in 2020 included the following:

  • The Trump administration executed 10 people at the federal level in less than six months
  • China used the death penalty to crack down on offences related to Covid-19 prevention efforts
  • In some countries, including the USA, defence lawyers said that they had been unable to meet clients face to face because of Covid restrictions.

Asia-Pacific countries were notable for imposing death sentences for crimes not involving intentional killing, which is in violation of international law. This included drug offences in China, Indonesia, Laos, Malaysia, Singapore, Sri Lanka, Thailand and Viet Nam, corruption in China and Viet Nam and for blasphemy in Pakistan. In the Maldives five people under the age of 18 at the time of their offences remain under sentence of death.

Nevertheless the trend remains positive. 144 countries have now abolished the death penalty in law or in practice.  123 countries supported the UN General Assembly’s call for a moratorium on executions.  In the USA the state of Virginia recently became the first southern state to abolish the death penalty and several bills to abolish it at federal level are pending before Congress.

Amnesty continues to oppose the death penalty in all circumstances and will continue to campaign until the death penalty is abolished everywhere for good.

Israel accused of Apartheid


Damning report by human Rights Watch published

A damning report accusing the Israeli government of Apartheid was published today (27 April 2021). The 213 page report goes into copious detail about the wide range of actions by the Israeli government, which in the view of HRW amount to the crime of Apartheid. The report echoes the previous report published by B’Tselem in January alleging the same thing.

Apartheid as a policy of discrimination against an ethnic or racial group is closely linked to South Africa where the white settlers practised a wide range of discriminatory policies against the black population. The practice was defined in 1973 by the International Convention on the Suppression and Punishment of the Crime of Apartheid and the 1998 Rome Statute (not ratified by Israel) to consist of three elements:

  • An intent to maintain domination by one racial group over another
  • A context of systematic oppression by the dominant group over the marginalised group
  • Inhuman acts.

The actions by the Israeli government against Palestinians are extensive and include systematic discrimination against them. A range of abuses are carried out the report says including sweeping movement restrictions, confiscation of vast swathes of land in the West Bank, forcible transfer of Palestinians out of their homes – thousands of which are demolished – denial of residency rights and the suspension of basic human rights to millions of Palestinians.

“Denying millions of Palestinians their fundamental rights, without legitimate security justification and solely because they are Palestinian and not Jewish, is not simply a matter of an abusive occupation. These policies, which grant Jewish Israelis the same rights and privileges wherever they live and discriminate against Palestinians to varying degrees wherever they live, reflect a policy to privilege one people at the expense of another” Kenneth Roth, Executive Director, HRW.

The report draws on years of human rights documentation, case studies, and a review of government planning documents, statements by officials and other sources. HRW wrote to the Israeli government in July 2020 but received no reply. Even during the Covid-19 crisis, twenty times more Jewish people have received vaccination in comparison to Palestinians.

Inhuman acts include expropriation of land and property, creation of separate reserves and ghettos, and the denial of a right to leave and return to their country.

The Israeli government has acted with continuing impunity safe in the unwavering support it receives from the USA. It has repeatedly denied access to the UN Commission on Inquiry into Gaza. It also denies access to Amnesty and other human rights organisations researching allegations of war crimes during the various conflicts.

Human Rights Watch argues that this report, and others, should prompt a re-evaluation by the international community into the nature of its engagement with Israel. They should adopt a more human rights centred approach rather than continue to cling to the stalled peace process. Arms sales and security equipment should be conditional on Israeli authorities taking concrete and verifiable steps to ending the commission of the crimes described in the report. Countries persist with viewing the occupation as temporary whereas in reality, the oppression of Palestinians has reached a permanence which meets the threshold of apartheid and persecution.

The Israeli government dismissed the report as ‘preposterous and false’ but did not respond to any of the central assertions within it. (Sky News, 27 April)

Sources: Amnesty International; Guardian; Human Rights Watch; B’Tselem; Sky News

UPDATE: We have added Israeli Campaign Against Housing Demolitions to the list of contact addresses at the bottom of this site (30 April). This followed a presentation at a SCIP meeting (29 April).

The death penalty in USA


Eloquent piece by Clive Stafford Smith of Reprieve concerning the death penalty in the USA

Stafford Smith has represented many individuals on death row in the USA so his experience of a dysfunctional and unfair system is considerable. Many more black people are convicted than white people. There is no obligation on the police to make exculpatory evidence available. Prisoners spend decades on death row going through seemingly endless appeals. One case – Kris Maharaj – which we have highlighted on this site, is a case of miscarriage gone badly wrong. Despite copious evidence that he had nothing to do with the murder, he still languishes in prison in Florida. New evidence cannot be introduced at the appeal stage. The level of mistakes is high at around 10% and one of the problems with executions is that they cannot be put right.

Judges may have little criminal experience. Defendants are usually poor and cannot afford experienced or capable lawyers.

This account is of the USA but we should remember that the system is much worse in some other countries of the world: Egypt, Saudi Arabia, Iran for example and that thousands are executed in China where details are a state secret.

Death penalty in USA

Source: Al Jazeera

Reprieve

Urgent Action: Iran


This is an urgent action on behalf of Jamshid Sharmahd, a German/Iranian who is at risk of execution following a grossly unfair trial. He has been arbitrarily held for around 8 months and has no access to an independent lawyer. There are fears that he is not receiving adequate health care.

If you can spare time to write that would be appreciated.

https://www.amnesty.org.uk/tags/death-penalty

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