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Newsletter

Amnesty International USA Group 48

09.10
In This Issue . . .

Private
1 EQUATORIAL GUINEA:
Urge Release of two POCs
2 CHAD: Urge Protection for
Civilians as UN Leaves
5 Proposed China death
penalty reforms may have
no great impact on
executions
6 DEMOCRATIC REPUBLIC
OF THE CONGO: Set Trial
Date for Colonel Paul
Ndokayi Marcelino Nguema Santiago Asumu

7 RWANDA: Protect EQUATORIAL GUINEA: Urge Release of two POCs


Politicians and Journalists Marcelino Nguema and Santiago country, adding that although they were
Asumu are members of an opposition not yet known they would be tried on
8 Amnesty International
political party in Equatorial Guinea, the charges of “aggression and terrorism”.
Legislative Update
People’s Union (Unión Popular - UP).
They are prisoners of conscience who Marcelino Nguema and Santiago Asu-
AIUSA-Group 48 mu were arrested on February 18 and 19
http://aipdx.org were arrested solely for their peace-
ful political activities. They have been 2009 respectively in Malabo. Both men
503-227-1878 were held without charge or trial, first
acquitted by a court of all the charges
Next Meeting: at the central police station and then in
brought against them, but are still held
Friday September 10th Black Beach prison, until mid- October
in prison.
First Unitarian Church 2009. Both were tortured several times
1011 SW 12th Ave On February 17, 2009, there was a to extract confessions from them. On
7:00pm informal reported attack on the presidential one occasion, Santiago Asumu had his
gathering palace in Malabo, the capital, which the hands tied behind him and his mouth
7:30pm meeting starts authorities blamed on a Nigerian armed stuffed with papers; he was then put in
group, the Movement for the Emanci- a sack and beaten.
NewsLetter Designed pation of the Niger Delta. (The group
By Michelle Whitlock denied responsibility.) President Obiang Marcelino Nguema and Santiago
MichelleWhitlock.com Nguema asserted that the attackers had Asumu were tried by the Malabo Appeal
been assisted and financed by Equato- Court (Tribunal de Apelación, a first
rial Guineans inside the instance court), from March 17 to 22 »
AIUSA group 48 Newsletter September 2010 Pg 2

2010 on charges of attempting to assassinate President Obi- ◌◌ Call for an investigation into the torture of Marcelino
ang Nguema. At the beginning of the trial, the prosecution Nguema and Santiago Asumu and for those responsible to be
dropped the charges against eight other UP members who brought to justice.
had also been arrested and detained in connection with the
attack on the palace. Send to
President
On April 5, 2010, the court acquitted Marcelino Nguema General Teodoro Obiang Nguema Mbasogo
and Santiago Asumu of all charges. However, instead of set- Presidente de la República
ting them free immediately in accordance with the law, the Gabinete del Presidente de la República,
authorities have refused to release them and they remain in Malabo
detention. Since mid-May they have been held incommuni- Guinea Ecuatorial
cado, with no contact with the outside world.
Fax: 011 240 333 09 3313/ 3334
Action Request Salutation: Excelencia/Your Excellency
Please write a polite letter to the government authorities listed Copies to
below expressing concern detention of Santiago Asumu and
The Honorable Purification Angue Ondo
Marcelino Nguerra and emphasize the following points in
your letter: Ambassador to the United States
◌◌ Call for the immediate and unconditional release of Mar- Embassy of Equatorial Guinea
celino Nguema and Santiago Asumu, who have been arrested 2020 16th Street NW
and detained solely for their membership of the UP political Washington, DC 20009
party. Fax: 1-202-518-5252 , 1-202-296-4195
◌◌Express concern about the continued detention of Santiago Email: info@equatorialguinea.com
Asumu and Marcelino Nguema after they were acquitted of all Salutation: His Excellency
charges by a court of law and say that their detention is illegal.

CHAD: Urge Protection for Civilians as UN Leaves


On July 15, 2010, Amnesty International released a news
report that highlights serious concerns regarding ongoing
luc255 Stock.Xchng

insecurity and human rights violations in eastern Chad as an


important UN peacekeeping mission starts to withdraw from
the country. The report, Chad: “We too deserve protection” -
Human rights challenges as the UN mission withdraws (http://
www.amnesty.org/en/library/info/AFR20/009/2010/en)
highlights the fact that the withdrawal of the United Nations
Mission in the Central African Republic and Chad (MINUR-
CAT) puts at risk the relative security enjoyed by more than
250,000 refugees from Sudan (Darfur) and 170,000 internally
displaced Chadians, in addition to the local population in
eastern Chad. Under the terms of a May 2010 UN Security
Council (SC) resolution, MINURCAT is to have fully com-
pleted its withdrawal by 31 December 2010. »
AIUSA group 48 Newsletter September 2010 Pg 3

The SC, at the request of the Chadian government, adopted riel” (email address) are required in order to send a message.
on 25 May 2010 resolution 1923 (2010) ordering the with- Obviously it should be shorter than a paper letter.
drawal of MINURCAT by December 2010 without a detailed
and concrete plan of action from Chadian Authorities on how His Exellency Idriss Déby Itno
they intend to protect the civilian population in eastern Chad Président de la République
as MINURCAT starts its withdrawal. Présidence de la République
B.P. 74
Amnesty International (AI) believes the Security Council de- N’Djaména
cision premature and dangerous and fears that MINURCAT´s Republic of Chad
withdrawal could jeopardize the lives and safety of civilians
living in eastern Chad. AI is also concerned that both the Your Excellency,
Chadian government, in making its demand for the with- I write to urge you to ensure that the Chadian government
drawal of MINURCAT, and the Security Council, in acceding fulfills its responsibility to protect civilians in the aftermath
to that demand, failed to consult with refugees, displaced of the withdrawal of the UN Peacekeeping mission in eastern
Chadians and other individuals and communities whose Chad and northern Central African Republic (CAR), MIN-
rights will be directly affected by this decision. URCAT. MINURCAT’s withdrawal comes at a time when its
presence and operations were making a real difference on the
Amnesty International calls on the Chadian Government and ground in eastern Chad. Since early 2010, civilian security
the international community through the SC to take immedi- in the region began to improve significantly. However, the
ate steps to protect the human rights of the civilian popula- security situation in these areas remains unstable and grave
tion in eastern Chad. In particular, the organization recom- human rights violations continue on a regular basis, Without
mends that the Government of Chad: MINURCAT’s presence, civilians in eastern Chad will have
◌◌ Ensure that it protects all persons within its territory, in- far less protection, and no security.
cluding refugees from Darfur and displaced Chadians, from
violations of international human rights and humanitarian Your government has failed to provide the plan you prom-
law; ised the UN Security Council for replacing the security that
MINURCAT provided to vulnerable civilians in eastern Chad.»
◌◌ Ensure that its security forces do not commit human rights
and humanitarian law violations. The government of Chad
should immediately formulate, disseminate and implement a Postage Rates
detailed and transparent plan of action for civilian protection
in eastern Chad. Within the United States
$0.28 - Postcards
For further reference: Human Rights Challenges as UN Mis- $0.44 - Letters and Cards up to 1 oz.
sion Withdraws, Index: AFR 20/009/2010, Amnesty Interna-
To Canada
tional, July 2010 (http://www.amnesty.org/en/library/info/
$0.75 - Postcards
AFR20/010/2010/en) $0.75 - Airmail Letters and Cards up to 1 oz.

NOTE: It may also be possible to send emails to the govern- To Mexico


ment from the Chadian government website at: http://www. $0.79 - Postcards
$0.79 - Airmail Letters and Cards up to 1 oz.
presidencetchad.org/ Look under “Contacts” where it says
“Ecrivez=-nous:” http://www.presidencetchad.org/contact.php To all other destination countries
$0.98 - Postcards
Letters on paper are preferable, but it will do no harm to $0.98 - Airmail Letters and Cards up to 1 oz.
flood that site with a few emails. “Nom” (Name) and “Cour-
AIUSA group 48 Newsletter September 2010 Pg 4

You have a duty to protect those living on your territory, but Tel: (202) 462 4009
for many years, your government has not demonstrated the Fax: (202) 265 1937
capacity or the inclination to protect either the endangered Email address: info@chadembassy-usa.org
Darfuri refugees, or Chadian citizens displaced by Chad’s on-
going civil war. I am very concerned that the loss of MINUR- HUMAN RIGHTS FILM
CAT will leave them without any protection whatsoever. AND DIALOGUE EVENT
I urge your government to live up to its promise by respect-
ing your obligations under international human rights and The Response is a courtroom drama based on the
humanitarian law. Your government must ensure that the actual transcripts of the Guantanamo Bay military
rights of all persons, including refugees, are protected without tribunals. In the film, three military officers must
any form of discrimination. It is urgent that your government decide the fate of a suspected enemy combatant. Is
he guilty of providing material support to Al Qaeda
create, disseminate publically, and implement a promised
and responsible for the deaths of several American
Plan of Action for security and human rights protection in soldiers? Or is he an innocent victim of circumstances
eastern Chad which contains benchmarks and timelines. Any as he claims? For more information about the film, go
progress towards achieving these benchmarks should be to http://www.theresponsemovie.com/.
made public.
Your government must take immediate steps to address wide-
spread impunity for human rights abuses in eastern Chad
by promptly investigating reports of human rights abuses
and ensuring that those responsible are brought to justice in
proceedings that meet international fair trial standards. Any
member of the Chadian security forces, who is suspected of
involvement in human rights violations, including threats,
torture, rape, or enforced disappearance, should be suspend-
ed pending an official and public investigation. Scene from "The Response"
PLEASE JOIN US to learn, explore, and dialogue
Finally, your government should work together with the UN about the Guantanamo Bay military tribunals and
Security Council to promote respect for human rights in the meaning of justice. The City of Portland Office
Chad, and to continue with efforts to strengthen the justice of Human Relations and Amnesty International
system in eastern Chad through the technical assistance of USA Group 48 invite you to view The Response and
engage in dialogue with Federal Public Defender,
the UN Office of the High Commissioner for Human Rights. Steven Wax and adjunct professor of Lewis and Clark
Law School, Travis Hall after the film. The dialogue
Thank you for your kind attention to my very sincere con-
will be led by Office of Human Relations staff and
cerns, used as a space where we seek to understand, find
AIUSA member commonalities, and share our experiences.
Copies To
Film: The Response
The Chadian Embassy in Washington DC Date: Wednesday September 22
His Excellency Mahamoud Adam Béchir, Embassy of the Time: 5:30–8:00PM
Republic of Chad Location: Office of Human Relations
2401 Massachusetts, NW 5315 N Vancouver Avenue
Portland, OR 97217 »
Washington, DC. 20008
AIUSA group 48 Newsletter September 2010 Pg 5

Steven Wax is a Federal Public Defender for the The Human Rights Film and Dialogue Series is a
District of Oregon. He and his team successfully monthly event that encourages Portlanders to learn,
worked to free six men formerly held as enemy dialogue, and take meaningful action on local and
combatants in Guantanamo. He is the author of the global human rights issues. This event is held every 4th
book, Kafka Comes to America: Fighting for Justice in Wednesday 5:30-8PM at the Office of Human Relations.
the War on Terror – A Public Defender’s Inside Account.
For more information about the event, or to learn
Travis Hall is a former Army interrogator and Arabic more about the Community Education and Peace
linguist who later served as an Army Judge Advocate Building program, please contact Muna Abshir
(“JAG”). He practices law in Portland for the firm Mohamud at muna.mohamud@portlandoregon.gov or
Bateman Seidel and is an adjunct professor of call 503-823-4427. This event is FREE and open to the
international law and national security law & policy at public. Food and refreshments will be provided.
Lewis and Clark College Law School.

Proposed China death penalty reforms may have no great impact on executions
23 August 2010
“We are still waiting for the Chinese government to release
the data that shows these proposed revisions are more than
Luiz Baltar Stock.Xchng

just legal housekeeping, removing crimes which have seldom


been punished with the death penalty in recent years,” said
Catherine Baber.
The draft amendment to China’s criminal code would, if
passed, reportedly remove the death penalty as a punishment
for white collar crimes such as tax fraud, and for smuggling
valuables and cultural relics. It would also remove the death
Amnesty International has warned that proposed reforms penalty as a punishment for those over 75 years of age.
of China’s application of the death penalty may not result in The ultimate impact of any reforms to China’s use of the death
significantly fewer executions. penalty cannot be publicly known and evaluated due to clas-
Chinese government news agency Xinhua reported on sification of execution figures as state secrets.
Monday that proposed amendments to China’s criminal code Amnesty International has called on the Chinese govern-
may see the death penalty removed from 13 out of 68 crimes ment to make the draft legislation and the national execution
that currently carry the punishment. The draft amendments figures public, so that there can be transparent analysis and
are working their way through numerous readings in China’s debate on the death penalty.
legislative chamber.
In a challenge to China’s lack of transparency, Amnesty
“Although we would welcome any reform that would in prac- International declined to publish its own minimum figures
tice decrease executions in China, we are not yet convinced for Chinese executions and death sentences in its worldwide
that these legal revisions will have a significant impact,” said annual report this year on the death penalty.
Catherine Baber, Amnesty International’s Deputy-Director
for the Asia-Pacific programme. China is estimated to be the world’s biggest executor.
As part of its campaigning against the death penalty, Amnesty Amnesty International said it opposes the death penalty in all
International has called on China to reduce the number of cases without exception, as the ultimate violation of human
capital crimes. rights.
AIUSA group 48 Newsletter September 2010 Pg 6

DEMOCRATIC REPUBLIC OF THE CONGO:  Set Trial Date for Colonel


Paul Ndokayi
He currently faces charges for “wasting ammunition” (dissipa-
tion de munition de guerre) and “illegally possessing weap-
Jascha Hoste Stock.Xchng

ons” (detention illégale d’arme et de munition de guerre). The


Colonel has said that he doesn’t understand why he has been
charged for these offences. Previously, he also faced charges
relating to terrorism and insurrection (participation à un
mouvement insurrectionnel), but these charges were dropped
in December 2007.
Colonel Ndokayi’s trial has been delayed because the respon-
sibility for his case has been passed between the Military
Prosecutor and the Military Tribunal in Kinshasa. In April
2008, the Military Prosecutor passed responsibility for the
case to the Military Tribunal. However, the physical folder
Since his detention in late 2006, Amnesty International has containing all the information was not transferred, so nothing
happened on the case.
worked for the release of Colonel Paul Ndokayi, who has been
tortured and has not been able to defend himself in a court In July 2009, the Military Prosecutor reiterated this, and
of law. This action updates his case and targets government at that time transferred the physical file. The Head of the »
officials with the authority to help him obtain a trial before a
legal judicial authority. AIUSA Group 48 Contact Information
Background Group Coordinator Central Africa
Colonel Ndokayi was arrested on Kinshasa, the capital of the Joanne Lau RAN
Democratic Republic of Congo (DRC). He was detained at 971-221-5450 Terrie Rodello
the headquarters of the Special Services Police for about a jlau@easystreet.net 503-246-6836
Concert Tabling tarodello@igc.org
month, during which he was tortured and subjected to other
Will Ware OR State Death
forms of serious ill-treatment. He is now held at the main 503-227-5225 Penalty Abolition
prison in Kinshasa, the Centre de Detention et Rééducation ww_ware@yahoo.com Coordinator
de Kinshasa (CPRK). He has been denied medical treatment Newsletter Editor Terrie Rodello
for the serious injuries he suffered during his torture. He has Dan Webb 503-246-6836
trodello@igc.org
not been tried or given the chance to challenge his detention 503-253-3491
after three and a half years. dlwebb02@yahoo.com Central America
Treasurer RAN
Because he was never treated after being tortured when he Tena Hoke Marylou Noble
tena.hoke@gmail.com 503-245-6923
was arrested, he still has difficulty hearing his. His health is marylou_noble@
much improved compared to how he was when Amnesty Legislative Coordinator yahoo.com
International met him in 2007. Dan Johnson
503-310-4540 Prisoners' Cases
subtlet@hotmail.com & Darfur
Colonel Ndokayi’s wife visits him regularly and brings him Jane Kristof
food. He is held in a high security part of the prison and, like Indonesia RAN kristofj@pdx.edu
Max White Marty Fromer
other detainees, he is regularly intimidated and insulted by 503-292-8168 503-227-1878
the police controlling his cell. maxw33@comcast.net martyfromer@gmail.com
AIUSA group 48 Newsletter September 2010 Pg 7

Military Tribunal (Premier Président de la Cour Militaire de nal in July 2009 and call on them to set a date for the hearing
la Gombe) has not yet set a date for the hearing. He says he is of the case. Send a copy to the DRC Ambassador in the US.
busy with another file which involves over 30 co-defendants,
Letters to
and therefore, has not yet been able to examine the file of
Colonel Ndokayi. Head of Military Tribunal
Premier Président de la Cour Militaire de la Gombe
The main obstacle to a trial for Colonel Ndokayi is the setting Juge Kalala
of a trial date. Amnesty International is directing its actions Cour Militaire de la Gombe
to specifically target the Head of the Military Tribunal, whose 46, avenue Lubefu
responsibility it is to schedule the hearing and the Chief Commune de la Gombe
Military Prosecutor, who transferred the file to the Military Kinshasa
Tribunal in order to set a trial date Democratic Republic of the Congo
Action Request
Chief Military Prosecutor
Although Amnesty International is concerned about Colonel General Joseph Konde Isambwa
Ndokayi’s health and the lack of an independent investiga- Auditorat General des FARDC
tion into the allegations that he was tortured and ill-treated, Kinshasa
the current focus in his case is to set a trial date. Amnesty République Démocratique du Congo
International is directing its actions to target the Head of the Salutation: Dear General / Cher General Konde Isambwa
Military Tribunal, whose responsibility it is to schedule the
hearing and the Chief Military Prosecutor, who transferred Copies to
the file to the Military Tribunal to set a trial date. Ambassador Faida Mitifu
Embassy of the Democratic Republic of the Congo
Please write polite letters to the Head of the Military Tribu- 1726 M St. NW Suite 601
nal and the Chief Military Prosecutor and remind them that Washington, DC 20036
Colonel Ndokayi’s case was transferred to the Military Tribu- Fax: 202 234 2609

RWANDA: Protect Politicians and Journalists


In recent months, killings, arrests and the closure of newspa-
pers and broadcasters reinforced a climate of fear in Rwanda,
SomalilandTimes

where the presidential election was held on August 9 with


President Kagame winning 93%. Opposition parties were
restricted from holding the meetings required to register their
parties, party leaders were arrested under Rwanda’s vague
laws on genocide ideology and journalists continued to be in-
creasingly at risk of harassment and even death. The current
climate of repression is likely to inhibit freedom of expression
after the presidential elections.
Tell Rwanda to Protect Politicians and Journalists:
http://takeaction.amnestyusa.org/siteapps/advocacy/
index.aspx?c=jhKPIXPCIoE&b=2590179&template=x.
Paul Kagame, President of Rwanda ascx&action=14644
AIUSA group 48 Newsletter September 2010 Pg 8

Amnesty International Legislative Update


by Daniel Johnson, Legislative Coordinator
AIUSA as a key Senator to contact regarding indefinite deten-
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tion without trial.  We were all distressed to hear President


Obama’s announcement earlier this year about the intent to
continue to hold a number of Guantanamo detainees without
trial, and perhaps, to do so within the country.  The last thing
we want to see is an official framework or justification for this
practice.  We’d like to see funding for any domestic detention
facility contingent on being unable to house detainees who
have not and will not be tried, or detainees involved in the
flawed military tribunal system.  Of course, legislative priori-
ties have centered around other issues lately, but it’s important
to let them know that it is still an issue of significant impor-
tance for us.
This month I attended a meeting in Senator Wyden’s office, If you'd like to support this, please call (202) 224-5244 and tell
where I spoke with three staff members from Washington them you’re calling to encourage the Senator to take action
DC over teleconference.  Senator Wyden was identified by against indefinite detention without trial.

Postage

AIUSA group 48 Newsletter September 2010

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