Ä [84] U_ACTIV_PROG (1:343/70) ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ ECHOMAIL079 Ä
Msg : 1 of 100
From : Michael Blackstock 1:102/645 12 Jun 93 18:55:00
To : All
Subj : Pt 1/8: AI: FAQ
ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ
.SPLIT: 12 Jun 93 17:33:37 @102/645 501 01/08 +++++++++++
.PTH @socal 1:102/645@fidonet
.MSGID: 1:102/645@fidonet 4f6ae556
From: aa604@freenet.carleton.ca (Michael Blackstock)
.Path: hatch!netcon!ucla-cs!usc!wupost!mont!pencil.cs.missouri.edu!rich
.Newsgroups: misc.activism.progressive
Subject: AI: FAQ
Organization: The National Capital Freenet
.Message-ID: <1993Jun12.175505.26649@mont.cs.missouri.edu>
.PID: Fred 1.9n6
Amnesty International
1 Easton Street
London WC1X 8DJ, England
AI index: NWS 06/02/85
WHAT IS AMNESTY INTERNATIONAL?
Thousands of people are in prison because of their beliefs. Many are held
without charge or trial. Torture and the death penalty are widespread. In
many countries men, women and children have "disappeared" after being taken
into official custody. Still others have been put to death without any
pretence of legality: selected and killed by the governments and their
agents.
These abuses- taking place in countries of widely differing ideologies-
demand an international response. The protection of human rights is an
international responsibility, transcending the boundaries of nations and
ideologies. This is the fundamental belief upon which the work of Amnesty
International, an independent worldwide voluntary movement, is based.
Amnesty International has an active worldwide membership with more than
1,100,100 individual members, subscribers and supporters in over 160
countries and territories. The movement is open to anyone who supports its
goals.
The work is impartial. Amnesty International is concerned solely with the
protection of human rights involved in each case, regardless of either the
ideology of the government or the beliefs of the victims.
Amnesty International attaches great importance to impartial and accurate
reporting of facts. Its Research Department collects and analyses information
from a wide variety of sources. These include hundreds of newspapers and
journals, government bulletins, transcripts of radio broadcasts and reports
from lawyers and humanitarian organizations. Information also comes in from
prisoners and their families, refugee centres, religious bodies, journalists
and other people with first-hand experience. In addition, Amnesty
Internatioanl sends fact-finding missions for on-the-spot investigations and
to observe trials, meet prisoners and interview government officials.
The Amnesty International movement is run democratically. It is funded by
donations from its members and supporters around the world. Its supreme
governing body is an International Council of elected delegates from its
sections in the various countries. The Statute of Amnesty International-
which defines the organization's work and structure- can be altered only by a
two-thirds majority at the International Council. The first article of ths
Statute sets out the objects of Amnesty International: the release of all
prisoners of conscience, fair and prompt trials for all political prisoners,
an end to torture and executions. These goals define the scope of Amnesty
International's work and are commonly referred to as the organizations's
"mandate". The full text of article 1 of the Amnesty International Statute is
reproduced below.
This booklet answers some of the most common questions about Amnesty's
scope or mandate. It is hoped that by giving a clear picture of this mandate,
more and more people, as well as governments and other institutions, will
develop a greater understanding of the role of Amnesty International in the
international protection of human rights.
* * *
STATUTE OF AMNESTY INTERNATIONAL
As amended by the 16th International council,
meeting in Jouy-en-Josas, near Paris, France
31 August- 4 September 1983
OBJECT
1. CONSIDERING that every person has the right to freely hold and to express
his or her convictions and the obligation to extend like freedom to others,
the object of AMNESTY INTERNATIONAL shall be to secure throughout the world
the observance of the provisions of the Universal Declaration of Human
Rights, by:
a) irrespective of political considerations working towards the release of
and providing assistance to persons who in violation of the aforesaid
provisions are imprisoned, detained or otherwise physically restricted
by reason of their political, religious or other conscientiously held
beliefs or by reason of their ethnic origin, sex, colour or language,
provided that they have not used or advocated violence (hereinafter
referred to as "prisoners of conscience");
b) opposing by all appropriate means the detention of any prisoners or any
prisoners of conscience or any political prisoners without trial within
a reasonable time or any trial procedures relating to such prisoners
that do not conform to internationally recognized norms;
c) opposing by all appropriate means the imposition and infliction of death
penalties and torture and other cruel, inhuman or degrading treatment or
punishment of prisoners or other detained or restricted persons whether
or not they have used or advocated violence.
* * *
[Note: This booklet was written in 1985. I have taken the liberty of revising
the membership figures; I have also included the 1991 revision of the
statute. - Mike Blackstock ]
STATUTE OF AMNESTY INTERNATIONAL
As amended by the 20th International Council, meeting in Yokohama, Japan,
31 August - 7 September 1991
[Article 1]
OBJECT AND MANDATE
1. The object of AMNESTY INTERNATIONAL is to contribute to the observance
throughout the world of human rights as set out in the Universal Declaration
of Human Rights.
In pursuance of this object, and recognizing the obligation on each person to
extend to others rights and freedoms equal to his or her own, AMNESTY
INTERNATIONAL adopts as its mandate:
To promote awareness of and adherence to the Universal Declaration of Human
Rights and other internationally recognized human rights instruments, the
values enshrined in them, and the indivisibility and interdependence of all
human rights and freedoms;
To oppose grave violations of the rights of every person freely to hold and
to express his or her convictions and to be free from discrimination by
reason of ethnic origin, sex, colour or language, and of the right of every
person to physical and mental integrity, and, in particular, to oppose by all
appropriate means irrespective of political considerations:
a) the imprisonment, detention or other physical restrictions imposed on any
person by reason of his or her political, religious or other conscientiously
held beliefs or by reason of his or her ethnic origin, sex, colour or
language, provided that he or she has not used or advocated violence
(hereinafter referred to as 'prisoners of conscience'; AMNESTY INTERNATIONAL
shall work towards the release of and shall provide assistance to prisoners
of conscience);
b) the detention of any political prisoner without fair trial within a
reasonable time or any trial procedures relating to such prisoners that do
not conform to internationally recognized norms;
c) the death penalty, and the torture or other cruel, inhuman or degrading
treatment or punishment of prisoners or other detained or restricted persons,
whether or not the persons affected have used or advocated violence;
d) the extrajudicial execution of persons whether or not imprisoned,
detained or restricted, and "disappearances", whether or not the persons
affected have used or advocated violence.
* * *
WHAT DOES AMNESTY INTERNATIONAL DO?
Amnesty International plays a specific role in the international protection
of human rights. Its activities focus on prisoners:
- It seeks the release of prisoners of conscience. These are people
detained anywhere for their beliefs, colour, ethnic origin, language
or religion, who have not used or advocated violence.
- It works for fair and prompt trials for all political prisoners and
on behalf of such people detained without charge or trial.
- It opposes the death penalty and torture or other cruel, inhuman or
degrading treatment or punishment of all prisoners without
reservation.
Amnesty International's work is based on principles set forth in the
United Nations Universal Declaration of Human Rights. The rights proclaimed
by the declaration apply to all people. They have been incorporated into many
countries' constitutions and laws and have been further elaborated in other
human rights standards adopted by the United Nations.
These universal rights include the right to freedom of expression,
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Ä [84] U_ACTIV_PROG (1:343/70) ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ ECHOMAIL079 Ä
Msg : 2 of 100
From : Michael Blackstock 1:102/645 12 Jun 93 18:55:00
To : All
Subj : Pt 2/8: AI: FAQ
ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ
.SPLIT: 12 Jun 93 17:33:37 @102/645 501 02/08 +++++++++++
.PTH @socal 1:102/645@fidonet
.PID: Fred 1.9n6
conscience and religion; to freedom from arbitrary arrest and detention; the
right to a fair trial; the right to life, liberty and security of person; the
right not to be tortured. Amnesty International works to protect these rights
by its efforts to secure the release of prisoners of conscience, fair and
prompt trials in political cases and an end to torture and executions.
By concentrating on a specific program in the human rights field, Amnesty
International does not imply that the rights it does not deal with are less
important. Amnesty International is convinced of the indivisibility and
mutual dependence of all human rights. The movement concentrates on its own
defined area in order to be as effective as possible and to put its limited
resources to the most efficient use. Amnesty International therefore takes up
only those cases that fall within its object, as set out in its Statute. This
object is commonly referred to as Amnesty International's "mandate".
PRISONERS OF CONSCIENCE
In many countries people are detained for trying to exercise their rights
to freedom of expression, association, assembly, or movement. Some are
imprisoned because they or their families are involved in political or
religious activities. Some are arrested because of their connection with
political parties or national minority movements that oppose government
policies. Trade Union activity or participation in strikes or demonstrations
is a common cause of imprisonment. Often people are imprisoned simply because
they questioned their government or tried to publicize human rights
violations in their own countries. Some may be held for refusing to do
military service on grounds of conscience. Others are jailed on the pretext
that they committed a crime, but it is in fact because they criticized the
government.
People who are imprisoned, detained or otherwise physically restricted
because of their political, religious or other conscientiously-held beliefs
or because of their ethnic origin, sex, colour, or language and who have not
used or advocated violence are considered by Amnesty International to be
prisoners of conscience.
Prisoners of conscience are held by governments in all regions of the
world; in countries with diverse political and social systems. Some prisoners
of conscience are held for actions undertaken as individuals; others are part
of a group or movement. Some have spoken in direct opposition to the
government in power or the established system or government; others have
taken care to work within their countries political system but have been
imprisoned for their beliefs or peaceful activites nonetheless.
WHAT DOES AMNESTY INTERNATIOAL DO FOR SUCH PRISONERS?
The detention of any prisoner of conscience violates the Universal
Declaration of Human Rights. Amnesty International works for the immediate
and unconditional release of ALL prisoners of conscience.
When the facts show that individuals are prisoners of conscience, the
cases are usually allocated to one or more of the movement's groups around
the world. The groups- comprising local Amnesty International members- study
the background to the cases and then begin writing to the responsible
authorities, appealing for the prisoners' immediate and unconditional
release.
Letter after letter goes out to cabinet ministers and prison officials.
The members try to get publicity in the local press about the prisoner they
are working to free. They go to the foreign embassy or trade delegation in
their country. They get prominent people to sign appeals. If they can contact
the prisoner's family, they may send relief parcels and correspond with the
prisoner.
For every prisoner of conscience whose case becomes known, there are many
more who are unknown; and even those who gain wide publicity tend to be
forgotten over time. Amnesty International aims to give attention to all the
forgotten prisoners, to ensure that they remain a public concern and that
they are cared for individually, while the efforts to free them are underway.
WHAT HAPPENS WHEN AMNESTY INTERNATIONAL IS UNCERTAIN ABOUT
THE GROUNDS FOR A PERSON'S IMPRISONMENT?
When Amnesty International does not have enough information to be certain
about the reasons for imprisonment, but where there are grounds to believe
that the individual might be a prisoner of conscience, the case is taken up
for investigation. The case is usually assigned to a group which is asked to
write to the authorities to obtain further details, such as where the
prisoner is held, what charges are faced, and what is the evidence against
the prisoner. If such prisoners are being held without charge or trial,
Amnesty International may urge that they either be charged and given a fair
trial or released. Only if it is clear that a case can be treated as that of
a prisoner of conscience, however, does Amnesty International "adopt" the
prisoner and call unconditionally for his or her immediate release.
WHOM DOES AMNESTY INTERNATIONAL REGARD AS A PRISONER?
Many people are persecuted in ways that do not involve imprisonment or similar
physical restrictions. They may be fired from their jobs, have their
telephones cut off or correspondence intercepted, be summoned for frequent
police questioning or be threatened with other reprisals.
Amnesty International, however, concentrates on people who have been
jailed or otherwise forcibly restricted; people in prison, people in official
custody and detention centres, people under strict house arrest or confined
to a village, or others whose freedom of movement has been so severely
restricted as to amount to a form of detention. For this reason, Amnesty
International's mandate is often described as "prisoner-oriented".
WHAT DOES AMNESTY INTERNATIONAL DO IN CASES WHERE
POLITICALLY MOTIVATED PRISONERS HAVE USED OR ADVOCATED VIOLENCE?
Amnesty International takes no position on the question of violence. It does
not identify itself with any of the parties to any conflict, violent or
non-violent, nor does it presume to judge in any situation whether recourse
to violence is justified or not. It deliberately restricts itself to working
for the protection of the human rights that fall within its mandate and does
not comment or act on issues that fall outside those terms of reference.
It opposes the torture and execution of ALL prisoners and advocates fair
and prompt trials for ALL POLITICAL PRISONERS, regardless of whether they are
accused of using or advovating violence. However, Amnesty International seeks
the immediate and unconditional release only of individuals imprisoned for
the exercise of their human rights, whose imprisonment cannot be reasonably
attributed to the use or advocacy of violence. In these cases, the detention
violates the Universal Declaration of Human Rights.
The human rights violations against which Amnesty International works
sometimes take place in a context of violence. This may take various forms:
confrontation between government and opposition groups which engage in
terrorist acts, civil war, international war.
Amnesty International's mandate applies in these circumstances as in any
other. A context of violence does not justify taking prisoners of conscience
or the practice of torture or execution of prisoners. This is an important
standard. The existence of a context of violence is often taken as
justification for a more permissible attitude towards human rights
violations- the arrest of people on account of their beliefs or origins, the
torture of prisoners or the use of the death penalty. Indeed, in times of
violence prisoners are particularly vulnerable to such violations, and
international standards and protection work become especially important at
such times.
Governments often falsely accuse people of having been involved in
violence when in fact they are imprisoned solely on account of their
non-violent exercise of their human rights. Indeed, the accusation that
dissenters have been involved in violence is one of the arguments most
frequently used by governments in response to expressions of concern about
prisoners of conscience.
On the basis of its careful research Amnesty International makes its own
assessment of the facts in each case. It is not bound to accept the
assertion of a government, the interpretation of a court, or the claim of a
prisoner, as to whether an individual has used or advocate violence. The
fact that a prisoner has been convicted of breaking the law or belongs to an
organization whose aims call for the use of violence, does not in itself
preclude an individual from being considered a prisoner of conscience.
Amnesty International takes up each case on its own merits.
HOW DOES AMNESTY INTERNATIONAL REGARD CONSCIENTIOUS
OBJECTORS TO MILITARY SERVICE?
A conscientious objector is understood to be a person liable to conscription
for military service who, for reasons of conscience or profound conviction
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Ä [84] U_ACTIV_PROG (1:343/70) ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ ECHOMAIL079 Ä
Msg : 3 of 100
From : Michael Blackstock 1:102/645 12 Jun 93 18:55:00
To : All
Subj : Pt 3/8: AI: FAQ
ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ
.SPLIT: 12 Jun 93 17:33:37 @102/645 501 03/08 +++++++++++
.PTH @socal 1:102/645@fidonet
.PID: Fred 1.9n6
arising from religious, ethical, moral, humanitarian, philosophical,
political or similar motives refuses to perform armed service or participate
directly or indirectly in wars or armed conflicts.
Amnesty International considers such a person a prisoner of conscience if
his or her imprisonment arises from any of the following:
- the legal code of a country does not contain provisions for the
recognition of conscientious objection and for a person to register
his or her objection at a specific time.
- a person is refused the right to register his or her objection;
- the authorities' recognition of conscientious objection is so
restricted that only some and not all of the above grounds of
conscience are acceptable;
- a person does not have the right to claim conscientious objection
after being conscripted into the armed forces;
- he or she is imprisoned for leaving the armed forces without
authorization for reasons of conscience developed after being
conscripted if he or she has tried to secure his or her release by
lawful means or if he or she did not use those means because he or
she had been deprived of reasonable access to the knowledge of them;
- there is no right to service outside the "war machine";
- the length of the alternative service can be seen as a punishment
for conscientious objection.
A person who is not willing to state the reason for his or her refusal tp
perform military service is not adopted as a prisoner of conscience, unless
it can be inferred from all the circumstances of the case that the refusal is
based on conscientious objection. Nor is someone considered a prisoner of
conscience if he or she is offered and refuses comparable alternative
service outside the "war machine".
WHAT DOES AMNESTY INTERNATIONAL DO FOR PEOPLE WHO TRY
UNSUCCESSFULLY TO LEAVE THEIR OWN COUNTRY?
The right to leave one's own country is recognized in the Universal
Declaration of Human Rights. Amnesty International adopts as prisoners of
conscience people who have been imprisoned for trying to exercise this right
when their motives for wanting to leave their country are linked to their
political views, religious beliefs or their origins, or can be assumed to be.
In cases where detailed information is not available at the time of arrest,
Amnesty International draws its own conclusions from all the circumstances
and takes into account the established behaviour of the authorities and
would-be emigrants in the country concerned, particularly where such people
are commonly imprisoned for seeking their right to emigrate.
POLITICAL TRIALS AND IMPRISONMENT WITHOUT TRIAL
-----------------------------------------------
In many countries, either under the ordinary law or states of emergency, the
authorities put people in prison without a trial. In some cases imprisonment
lasts for decades. A fair and public hearing within a reasonable time is a
basic human right as is the right to freedom from arbitrary arrest and
detention. To imprison people for a long period without proving a case
against them is a violation of these rights.
Amnesty International opposes the detention of any political prisoner
without a trial within a reasonable time. It has called on various
governments to end administrative internment and other procedures that allow
for prolonged political detention without trial.
Amnesty International also opposes trial procedures in political cases
that do not conform to internationally agreed standards. For example, secret
trials take place. Sometimes they are nominally public, but only those
selected by the authorities are allowed to attend. Prisoners are denied a
defence lawyer of their choice- or the defence is not allowed to call
witnesses or present evidence. Cases are heard by special tribunals and
military courts whose composition is incompatible with an impartial hearing
or whose procedures fall short of those in ordinary courts.
HOW DOES AMNESTY INTERNATIONAL USE THE TERM "POLITICAL PRISONER"?
Amnesty International uses a broad interpretation of the term "political
prisoner" so as to cover all cases with a significant political element. The
offence itself may be of a clearly political nature, such as belonging to a
banned political party. In other cases, however, a person may be charged with
an ordinary crime, but the context in which it is said to have been committed
is political, such as a political demonstration. Or it is possible that the
accused person may have committed a criminal offence, but for political
motives. In other cases, the authorities may be holding a prisoner for
political reasons, even though the individual is said to be suspected of a
criminal offence. False criminal charges may be brought against political
activists (the charges could be currency offences. for example), when the
real reason is to punish them for their political activities- or to deter
others from opposing the government. In all cases there would be a political
yHy{ywtPzM/moOoidered.
It is important to bear in mind that Amnesty International applies this
broad interpretation in assessing political trials and the cases of political
prisoners. Apparent contradictions between Amnesty International and
governments do arise because each uses such terms in its own way. Some
governments say they hold no political prisoners, only criminals or criminal
suspects, because all its prisoners are charged or convicted under the normal
criminal law. Amnesty International, however, may still speak of "political
imprisonment" or "political trials" in such a country if the cases have a
political element of any of the sorts described above.
It is important to note that Amnesty International does not oppose political
imprisonment as such or ask for the release of all political prisoners.
Amnesty International needs to establish whether there is a political element
in a particular case solely for the purpose of determining whether it falls
within the scope of the organization's concern about fair and prompt trials
for political prisoners.
The specific category "prisoner of conscience" is distinguished form the
general one "political prisoner" in the following important respects.
Prisoners of conscience are precisely defined by Amnesty International's
Statute as those held "by reason of their political, religious or other
conscientiously held beliefs or by reason of their ethnic origin, sex, colour
or language". The category "prisoner of conscience" do not include those
whose imprisonment may reasonably attributed to their having used or
advocated violence.
A crucial difference to bear in mind is that whereas in the case of all
political prisoners Amnesty International seeks fair and prompt trials, it is
only in the cases of prisoners of conscience that Amnesty International says
that the individuals should not be in prison at all and asks for their
release.
DOES AMNESTY INTERNATIONAL CALL FOR SPECIAL STATUS FOR POLITICAL PRISONERS?
Amnesty International does not call for special status for particular groups
of prisoners or call on governments to give political prisoners special
conditions. Governments are obliged to treat all prisoners humanely. Where
there are allegations of torture or ill-treatment or where the death sentence
has been imposed, the case comes within thoses concerns of Amnesty
International that apply to ALL prisoners: opposition to torture and
executions. Where the existence of prisoners of conscience has been
confirmed, Amnesty International works for their unqualified, immediate
release.
WHAT DOES AMNESTY INTERNATIONAL DO IN RESPONSE TO POLITICAL TRIALS
AND CASES OF IMPRISONMENT WITHOUT TRIAL?
Amnesty International investigates such cases to determine whether the
individuals are prisoners of conscience. It may send observers to trials and
examine laws and procedures that permit unfair trials in political cases or
imprisonment without trial. If prisoners are not eligible for adoption as
prisoners of conscience, their cases may be assigned to groups which are
asked to urge that the prisoner's right to a fair trial within a reasonable
time be respected.
Where Amnesty International has enough information to conclude that
detainees are prisoners of conscience it demands their release. In other
cases of political imprisonment Amnesty International may urge the prisoners
be given a fair trial or else released, or may call for a review of the
cases, either by established judicial procedures or by an independent review
body. It recommends legislative improvements or urges that existing laws that
do offer protection be respected.
However, if the person has been imprisoned solely for criminal acts (such
as traffic offences, theft or murder) and if there are no grounds to believe
that either the crime or the imprisonment were politically motivated, the case
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Ä [84] U_ACTIV_PROG (1:343/70) ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ ECHOMAIL079 Ä
Msg : 4 of 100
From : Michael Blackstock 1:102/645 12 Jun 93 18:55:00
To : All
Subj : Pt 4/8: AI: FAQ
ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ
.SPLIT: 12 Jun 93 17:33:37 @102/645 501 04/08 +++++++++++
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.PID: Fred 1.9n6
does NOT fall within Amnesty International's mandate. For this reason Amnesty
International does not take action even if there are allegations that there
may have been miscarriages of justice in such cases. Nor does it seek the
release of people convicted of such crimes. Of course, if the prisoner has
been tortured or sentenced to death, the case does come within those concerns
of Amnesty International that apply to ALL prisoners: opposition to torture
and executions.
WHAT ARE THE STANDARDS FOR ASSESSING TRIALS?
Among the many factors to be taken into account in analysing the fairness of a
trial are the following, based on internationally agreed upon human rights
standards and Amnesty International's own experience. Even if these standards
have been violated to an extent that justifies the assessment that a trial
was unfair, that does not demonstrate the innocence any more than a
conviction demonstrates guilt.
- All proceedings should conform to established national or
international requirements for the protection of human rights, such
as those stipulated, for example, in the International Covenant on
Civil and Political Rights.
- Those entrusted with applying and interpreting the law, making
judgements and passing sentence must be manifestly independent of
other governmental authorities, particularly those bringing charges.
They must be protected from improper pressures in the fulfilment of
their functions. The competence, incorruptibility and impartiality
of judges must be ensured. Judges should have legal training. The
bringing of civilians before military courts may constitute grounds
for particular concern.
- Any deprivation of liberty must be on specified grounds, made
known to the person at the time of arrest. He or she must be
promptly informed against any charges against him or her and brought
before a judge or other officer authorized by law to exercise
judicial power.
- The accused should have speedy and sufficient access to independent
legal advice and representation, normally in the form of counsel of
choice- free, or appropriately subsidized, according to each
defendant's means.
- The general rule should be that people awaiting trial are not
detained in custody. Defendants, or their representatives, should be
able to challenge the legality of any pre-trial detention before a
judge or other appropriate, independent and impartial authority.
- People in custody should have access to family, legal counsel and
independent medical attention. Correspondence and communication
should not be restricted beyond what is necessary for the
administration of justice and the security of the custodial
institution.
- No one must be subjected to torture or other cruel, inhuman, or
degrading treatment or punishment.
- Charges should not relate to acts or ommissions that were lawful
when they took place. Where procedures such as the creation of
special tribunals or new rules of evidence are introduced
retroactively, there can be a risk of injustice.. Nor should
penalties be more severe than those provided for at the time the
offence was committed.
- Trials must take place within a reasonable time of the defendant's
first being brought before a judge and should normally be in public.
- A defendant must be presumed innocent until proved guilty. There
must be no compulsion to declare guilt or to testify against oneself.
No statement so compelled should be admissible in court.
- A defendant must have the right to a proper defence, to summon and
examine witnesses, and to conduct proceedings for the defence under
the same conditions as apply to the procesution.
- Convictions and sentences must be open to review by a higher court.
(Amnesty International would expect such a review to include full
rights of representation and not be a mere consideration of the trial
dossier.) In cases involving the death penalty, there must be a
right to petition for pardon, commutation or reprieve. Amnesty
International opposes the death penalty in all cases, but stresses the
importance of all procedures that enable the courts or other
authorities to reconsider the sentence.
IF A POLITICAL PRISONER HAS BEEN CONVICTED AFTER A FAIR TRIAL, IS THAT
THE END OF AMNESTY INTERNATIONAL'S CONCERNS?
If the prisoner has been sent to prison under a law that Amnesty
International considers to be in violation of international human rights
standards, it may consider the person for adoption as a prisoner of
conscience. In such cases Amnesty International must be able to determine
that the person has been imprisoned by reason of his or her political,
religious or other conscientiously-held beliefs or by reason of their ethnic
origin, sex, colour or language, provided that he or she has not used or
advocated violence.
Amnesty International may still need to take action about allegations of
torture. If the prisoner faces execution, Amnesty International will oppose
this - in line with its general stand against the death penalty.
TORTURE AND OTHER CRUEL, INHUMAN, OR
DEGRADING TREATMENT OR PUNISHMENT
Torture is systematic in many parts of the world despite the international
agreements that forbid it and despite the many denials from governments that
use it. It is often used to gain information, to force confessions, to
intimidate others and to punish and terrorize.
Amnesty International opposes torture and other cruel, inhuman or
degrading treatment or punishment of all prisoners without reservation. It
calls on governments to implement the provisions of the United Nations
Declarations on the Protection of All Persons from Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment. This declaration includes a
universal ban against torture and stipulates that governments are
responsible for investigating torture allegations, instituting criminal
proceedings in torture cases and compensating the victims. Work is also
underway to promote international mechanisms to prevent torture, such as
independent international inspection of detention centres. Amnesty
International has launched a 12-Point Program for the Prevention of Torture
that includes measures that could be taken by all governments to halt the
torture of prisoners. The full text of the Program follows.
[Since this was published, the UN has adopted the Convention against Torture
and Other Cruel, Inhuman, or Degrading Treatment or Punishment. - MB]
* * * *
AMNESTY INTERNATIONAL
TWELVE-POINT PROGRAM FOR THE PREVENTION OF TORTURE
Torture is a fundamantal violation of human rights, condemed by the General
Assembly of the United Nations as an offence to human dignity and prohibited
under national and international law.
Yet torture persists, daily and across the globe. In Amnesty
International's experience, legislative prohibition is not enough. Immediate
steps are needed to confront torture and other cruel, inhuman and degrading
treatment or punishment wherever they occur and to eradicate them totally.
Amnesty International calls on all governments to implement the following
12-Point Program for the Prevention of Torture. It invites concerned
individuals and organizations to join in promoting the program. Amnesty
International believes that the implementation of these measures is a
positive indication of a government's commitment to abolish torture and to
work for its abolition worldwide.
1. Official condemnation of torture
The highest authorities of every country should demonstrate their total
opposition to torture. They should make clear to all law enforcement
personnel that torture will not be tolerated under any circumstances.
2. Limits on incommunicado detention
Torture often takes place while the victims are held incommunicado- unable to
contact people outside who could help them or find out what is happening to
them. Governments should adopt safeguards to ensure that incommunicado
detention does not become an opportuniz1 for torture. It is vital that all
prisoners be brought befor a judicial authority promptly after being taken
into custody and that relatives, lawyers and doctors have prompt and regular
access to them.
3. No secret detention
In some countries torture takes place in secret centres, often after the
victims are made to "disappear". Governments should ensure that prisoners are
held in publicly recognized places, and that accurate information about their
whereabouts is made available to relatives and lawyers.
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Ä [84] U_ACTIV_PROG (1:343/70) ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ ECHOMAIL079 Ä
Msg : 5 of 100
From : Michael Blackstock 1:102/645 12 Jun 93 18:55:00
To : All
Subj : Pt 5/8: AI: FAQ
ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ
.SPLIT: 12 Jun 93 17:33:37 @102/645 501 05/08 +++++++++++
.PTH @socal 1:102/645@fidonet
.PID: Fred 1.9n6
4. Safeguards during interrogation and custody
Governments should keep procedures for detention and interrogation under
regular review. All prisoners should be promptly told of their rights,
including the right to lodge complaints about their treatment. There should
be regular independent visits of inspection to places of detention. An
important safeguard against torture would be the seperation of authorities
responsible for detention from those in charge of interrogation.
5. Independent investigation of reports of torture
Governments should ensure that all complaints and reports of torture are
impartially and effectively investigated . The methods and findings of such
investigations should be made public. Complainants and witnesses should be
protected from intimidation.
6. No use of statements extracted under torture
Governments should ensure that confessions or other evidence obtained under
torture may never be invoked in legal proceedings.
7. Prohibition of torture in law
Governments should ensure that acts of torture are punishable offences under
the criminal law. In accordance with international law, the prohibition of
torture must not be suspended under any circumstances, including states of
war or other public emergency.
8. Prosecution of alleged torturers
Those responsible for torture should be brought to justice. The principle
should apply wherever they happen to be, wherever the crime was committed
and whatever the nationality of the perpetrators or victims. There should be
no "safe haven" for torturers.
9. Training procedures
It should be made clear during the training of all officials involved in the
custody, interrogation or treatment of prisoners that torture is a criminal
act. They should be instructed that they are obliged to disobey any order to
torture.
10. Compensation and rehabilitation
Victims of torture and their dependants should be entitled to obtain
financial compensation. Victims should be provided with appropriate medical
care and rehabilitation.
11. International response
Governments should use all available channels to intercede with governments
accused of torture. Intergovernmental mechanisms should be established and
used to investigate reports of torture urgently and to take effective action
against it. Governments should ensure that military, security or police
transfers or training do not facilitate the practice of torture.
12. Ratification of international instruments
All governments should ratify internationaal instruments containing
safeguards and remedies against torture, including the International Covenant
on Civil and Political rights and its Optional Protocol which provides for
individual complaints.
The 12-Point Program was adopted by Amnesty International in October 1983 as
part of the organization's Campaign for the Abolition of Torture.
Whenever there are substantial fears that a prisoner may be tortured
immediate appeals can be sent to the authorities. Officials may be urged to
guarantee the prisoner's safety, allow access by lawyers and relatives and
provide medical care. Doctors may be included in Amnesty International
missions in order to help investigate torture allegations by interviewing
prisoners or former prisoners. Aftercare and rehabilitation for torture
victims is another concern of Amnesty International, once such people are
released from custody.
DOES AMNESTY INTERNATIONAL MAKE A DISTINCTION BETWEEN "TORTURE" AND
"CRUEL, INHUMAN OR DEGRADING" TREATMENT?
Amnesty International opposes both "torture" and other "cruel, inhuman or
degrading" treatment of prisoners. Both are specifically prohibited, without
exception, in international law.
"Torture" is defined in the United Nations Declaration against torture as
follows:
1. For the purpose of this Declaration, torture means any act by
which severe pain or suffering, whether physical or mental, is
intentionally inflicted by or at the instigation of a public official
or a person for such purposes as obtaining from him or her or a third
person information or a confession, punishing him for an act he has
committed or is suspected of having committed, or intimidating him
or other persons. It does not include pain or suffering arising only
from, inherent in or accidental to, lawful sanctions to the extent
consistent with the Standard Minimum Rules for the Treatment of
Prisoners.
2. Torture constitutes an aggravated and deliberate form of cruel,
inhuman or degrading treatment or punishment.
Amnesty International tries to act against torture in all individual cases
where it has reliable information and where it is possible to do so in a
practical way. It works against cruel, inhuman or degrading treatment only
where the practice constitutes a pattern- individual cases are taken up as a
means of illustrating general problems and contributing to the setting of
improved standards for the treatment of prisoners. In the cases of prisoners
of conscience Amnesty International's approach is broader. Since the
organization opposes their imprisonment, it criticizes any aspect of their
treatment or conditions that imposes additional hardship on them.
The pain and suffering experienced by prisoners need not only result from
deliberate force inflicted on them. For example, Amnesty International has
taken up the cases of detainees suffering from acute medical conditions
requiring treatment who have been systematically deprived of care in order
to punish them or force a confession from them.
In deciding whether a particular instance or pattern of treatment comes
within Amnesty International's field of action, the organizatiowconsiders
the following questions, among others:
- Is the practice prohibited by international standards such as the
United Nations Minimum Rules for the Treatment of Prisoners?
(For example, keeping prisoners in darkened cells is forbidden.)
- Is the treatment or punishment applied for prolonged periods or
repeatedly in such a way as to cause severe pain or suffering to the
individual prisoners? (For example, solitary confinement,
deprivation of exercise or use of handcuffs may be permissible for
short periods but once prolonged may become cruel treatment,
regardless of the authorities' intentions.)
- Does the treatment cause mental or physical damage to the
prisoners?
- Is a particular procedure or set of prison conditions deliberately
used by the authorities to inflict suffering? In seeking to assess
this, Amnesty International pays attention to whether or not
particular prisoners are intentionally discriminated against, or
whether there is other evidence of intent to inflict suffering. It
may, however, regard a policy of negligence, even in the absence of
evidence of intention to inflict suffering, as amounting to cruel,
inhuman, or degrading treatment.
WHAT DOES AMNESTY INTERNATIONAL DO ABOUT PRISON CONDITIONS?
Amnesty International is not a penal reform organization, nor does it seek to
duplicate the efforts of other bodies more specifically concerned with prison
inspection. In the course of its regular work, however, it frequently asks
that prisoners be held in proper conditions as set forth in the United
Nations Standard Minimum Rules for the Treatment of Prisoners. In the case of
prisoners of conscience, whom Amnesty International believes should be
immediately and unconditionally released, the organization may seek
improvements, where necessary, in any aspect of their prison conditions and
treatment. Amnesty International does this as a consequence of its stand that
these people should not be in prison at all.
Many prisoners are kept in overcrowded, filthy and grossly inadequate
conditions. Prisoners are vulnerable and are often exposed to harsh
conditions or poor treatment in many places around the world. When prison
conditions amount to cruel, inhuman or degrading treatment and affect
detainees other than prisoners of conscience, Amnesty International may raise
the issue in general terms in order to contribute to the setting of improved
standards for the treatment of prisoners. However, this is not normally a
matter to which Amnesty International is able to devote its own limited
resources; it relies on those bodies specialized in dealing with prison
conditions to tackle the problem internationally.
THE DEATH PENALTY
The death penalty is in force in more than 100 countries around the world.
Frequently it is imposed in politically-related cases. Execution methods
include shooting, electrocution, lethal injection, hanging, stoning and
decapitation.
Amnesty International opposes the death penalty in all cases on the
grounds that it is a violation of the right to life and the right not to be
subjected to cruel, inhuman or degrading treatment or punishment, as
proclaimed in the Universal Declaration of Human Rights. The imposition and
infliction of the death penalty is brutalizing to all who are involved in the
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Ä [84] U_ACTIV_PROG (1:343/70) ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ ECHOMAIL079 Ä
Msg : 6 of 100
From : Michael Blackstock 1:102/645 12 Jun 93 18:55:00
To : All
Subj : Pt 6/8: AI: FAQ
ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ
.SPLIT: 12 Jun 93 17:33:37 @102/645 501 06/08 +++++++++++
.PTH @socal 1:102/645@fidonet
.PID: Fred 1.9n6
process. The death penalty has never been shown to have any special deterrent
effect against violent crime. Execution is irrevocable and can be inflicted
upon the innocent.
Amnesty International campaigns for the abolition of all legislation
providing for the death penalty. It appeals to individual governments and
works with the United Nations and other bodies to abolish the death penalty
worldwide. The organization's position was elaborated in the Declaration of
Stockholm (see below).
Amnesty International will appeal for commutation of a death sentence
whenever it hears that a prisoner is facing imminent execution.
AMNESTY INTERNATIONAL
Conference on the Abolition of the Death Penalty
Declaration of Stockholm
11 December, 1977
The Stockholm Conference on the Abolition of the Death Penalty, composed
of more than 200 delegates and participants from Africa, Asia, Europe, the
Middle East, North and South America and the Caribbean region,
RECALLS THAT:
-The death penalty is the ultimate cruel, inhuman and degrading punishment
and violates the right to life.
CONSIDERS THAT:
-The death penalty is frequently used as an instrument of repression against
opposition, racial, ethnic, religious and underprivileged groups,
-Execution is an act of violence and violence tends to provoke violence,
-The imposition and infliction of the death penalty is brutalizing to all who
are involved in the process,
-The death penalty has never been shown to have a special deterrent effect,
-The death penalty is increasingly taking the form of unexplained
disappearances, extrajudicial executions and political murders,
-Execution is irrevocable and can be inflicted on the innocent.
AFFIRMS THAT:
-It is the duty of the state to protect the life of all persons within its
jurisdiction, without exception,
-Executions for the purposes of political coercion, whether by government
agencies or others, are equally unacceptable,
-Abolition of the death penalty is imperative for the achievement of declared
international standards.
DECLARES:
-Its total and unconditional opposition to the death penalty,
-Its condemnation of all executions, in whatever form, committed or
condoned by governments,
-Its commitment to work for the universal abolition of the death penalty,
CALLS UPON:
-Non-governmental organizations, both national and international, to work
collectively and individually to provide public information materials
directed towards abolition of the death penalty,
-All governments to bring about the immediate and total abolition of the
death penalty,
-The United Nations unambiguously to declare that the death penalty is
contrary to international law.
"DISAPPEARANCES"
and
POLITICAL KILLINGS BY GOVERNMENTS
"DISAPPEARANCES"
In many countries victims remain unaccounted for after being taken into
custody by security forces, or abducted by agents acting with the complicity
of governments. The authorities refuse to acknowledge responsibility for
their detention or to disclose their whereabouts. Amnesty International
insists that governments be held publicly accountable for the fate of the
victims. When details of a possible "disappearance" are reported an
international network of volunteers can be alerted to press the authorities
to reveal the whereabouts of the missing person. Long-term case work can be
organized on their behalf. Amnesty International also launches special
publicity efforts to highlight this violation of human rights and ensure that
the individual's fate remains a matter of public attention.
POLITICAL KILLINGS BY GOVERNMENTS
In the last decade, hundreds of thousands of people have been the victims of
deleberate killings carried out on the orders of governments or with their
complicity.
Amnesty International takes action against such killings when it is
reasonable to believe that they are the result of a government policy to
eliminate specific individuals, or groupings, or categories of individuals, by
instant execution rather than arrest and imprisonment.
Governments are responsible for the lives and security of their citizens.
They have a duty not to commit or condone political killings. If they do not
take all measures necessary to ensure that those responsible- directly or
indirectly- are brought to justice, this may demonstrate government
aquiescense in the killings. Their accountability is not diminished by
national security considerations or by the fact that opposition groups commit
similar acts.
Amnesty International campaigns against political killings by governments
by publicizing incidents and pressing for independant investigations into the
deaths. It promotes adherence to the United Nations Code of Conduct for Law
Enforcement Officials, which lays down standards for police and security
force officers.
DOES AMNESTY INTERNATIONAL ACT IN ALL CASES WHERE DEATHS OCCUR?
Although Amnesty International's work is based on its orientation towards
prisoners and therefore normally focuses on cases of people targeted or
selected for execution rather than detention, its concerns have extended to
people killed "en masse" for such reasons, without their being picked out
individually for death.
Many killings of concern to Amnesty International occur during armed
conflict. The organization may be able to act in situations where unarmed
civilians are killed in cold blood because of their real or imagined
political sympathies or where civilian or military captives are executed.
Since many of the victims are not in detention at the time of being killed,
however, this is one of the few areas of Amnesty International's mandate that
often deals with cases of people who are not prisoners.
The mandate does not extend, however, to killings that are not
attributable to government policy, such as killings of demonstrators or
rioters resulting from excessive use of force by panicking security forces.
Nor does Amnesty International's mandate extend to many of the killings in
warfare when, for example, unarmed civilians are caught in crossfire or
mistaken for members of the armed forces.
RELIEF AND REFUGEES
Amnesty International provides relief to prisoners and their families in an
effort to help them deal with the effects of imprisonment or, in some cases,
to help prevent them becoming prisoners of conscience or victims of torture
or execution.
Prisoners are not the only ones to suffer the effects of imprisonment. A
family whose breadwinner has been imprisoned, perhaps for a number of years,
faces many hardships. Paying for food, school fees, rent and prison visits
may become an insuperable problem. Help, either from an Amnesty
International group or from general funds held at the International
Secretariat can make a great difference.
Relief funds may help the prisoner directly, enabling him or her in some
instances to buy the few small luxuries prisoners are allowed, or basic
necessaties such as blankets and winter clothes in cold climates. Relief is
not intended, however, to compensate the prisoner or their families for total
loss of income during the period of detention. Nor does the provision of
relief to the prisoners or their families imply acceptance of the government
practises that have given rise to Amnesty International's concerns.
TO WHOM DOES AMNESTY INTERNATIONAL DISTRIBUTE RELIEF?
Assistance may be given to:
- prisoners of conscience, whether or not adopted by Amnesty
International, and prisoners who might reasonably be expected
to be prisoners of conscience, but where the organization does
not have the information to enable it to say so conclusively;
- people who have lately been prisoners of conscience, or who might
reasonably be expected to have been prisoners of conscience
(whether or not adopted by Amnesty International);
- prisoners awaiting trial who might reasonably be expected to be
prisoners of conscience if convicted;
- people threatened with forcible return from one country to
another where they might reasonably be expected to become
prisoners of conscience or to be subjected to torture, politically-
motivated extrajudicial killing or the death penalty;
- dependants of all the above categories;
- dependants both of "disappeared" people and victims of
political killings who might reasonably have been expected to be
prisoners of conscience if they had been arrested and imprisoned
rather than abducted or killed;
- people suffering ill-health as a result or torture, whose medical
need is directly related to their torture;
- people whose emigration Amnesty International assists to prevent
their imminently becoming prisoners of conscience or to prevent
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Ä [84] U_ACTIV_PROG (1:343/70) ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ ECHOMAIL079 Ä
Msg : 7 of 100
From : Michael Blackstock 1:102/645 12 Jun 93 18:55:00
To : All
Subj : Pt 7/8: AI: FAQ
ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ
.SPLIT: 12 Jun 93 17:33:37 @102/645 501 07/08 +++++++++++
.PTH @socal 1:102/645@fidonet
.PID: Fred 1.9n6
their being subjected to torture or politically-motivated extra-
jucicial killing.
This list is not exhaustive. Detailed guidelines exist for Amnesty
International's relief activities and the program is administered by an
international relief committee and relief coordinators in the sections.
DOES AMNESTY INTERNATIONAL HELP RELEASED PRISONERS?
In some cases after a prisoner is released there might still be a need for
assistance from Amnesty International. Aftercare activities focus on
humanitarian aid, for example, sending relief funds and keeping up
correspondence with the former prisoner and his or her family.
Long-term medical care and rehabilitation assistance may be needed for
people who have been tortured. Amnesty International itself does not
undertake such programs, but doctors and other health workers involved in the
movement can be contacted where such treatment is needed. There are
independent clinics and medical teams prepared to help in these cases.
HOW DOES AMNESTY INTERNATIONAL SEND RELIEF?
Assistance is sometimes sent direct to prisoners or their families or
sometimes through organizations, such as charitable bodies, on the spot that
can distribute aid for Amnesty International.
Amnesty International does not fund the work of other organizations. Relief
funds are sometimes sent through them to be passed on to the particular
beneficiaries specified by Amnesty International.
DOES AMNESTY INTERNATIONAL ACT IN REFUGEE CASES?
Amnesty International opposes the forcible return of individuals to a country
where they can reasonably expect to become prisoners of conscience or be
subjected to torture, the death penalty or extrajudicial execution. Amnesty
International appeals against such forcible return and presents information
about the risks the refugees face in their countries of origin to specialized
refugee agencies and to governments considering applications for political
asylum. In rare circumstances it may also assist individuals who wish to
leave a country where they are held as prisoners of conscience or are in
imminent danger of becoming prisoners of conscience or of being subjected to
torture or politically motivated extrajudicial execution.
WHAT IS AMNESTY INTERNATIONAL'S STAND ON PRISONER EXCHANGES?
Every person has the right to move freely within his or her own country and
the right not to be forced into exile. Amnesty International holds that it is
the duty of governments to release all prisoners of conscinece WITHOUT
CONSIDERATIONS. It takes no part in arranging prisoner exchanges.
(C)opyright Amnesty International Publications 1985
* * *
Addendum : Changes to Amnesty's Mandate
STATUTE OF AMNESTY INTERNATIONAL
As amended by the 20th International Council, meeting in Yokohama, Japan,
31 August - 7 September 1991
[Article 1]
OBJECT AND MANDATE
1. The object of AMNESTY INTERNATIONAL is to contribute to the observance
throughout the world of human rights as set out in the Universal Declaration
of Human Rights.
In pursuance of this object, and recognizing the obligation on each person to
extend to others rights and freedoms equal to his or her own, AMNESTY
INTERNATIONAL adopts as its mandate:
To promote awareness of and adherence to the Universal Declaration of Human
Rights and other internationally recognized human rights instruments, the
values enshrined in them, and the indivisibility and interdependence of all
human rights and freedoms;
To oppose grave violations of the rights of every person freely to hold and
to express his or her convictions and to be free from discrimination by
reason of ethnic origin, sex, colour or language, and of the right of every
person to physical and mental integrity, and, in particular, to oppose by all
appropriate means irrespective of political considerations:
a) the imprisonment, detention or other physical restrictions imposed on any
person by reason of his or her political, religious or other conscientiously
held beliefs or by reason of his or her ethnic origin, sex, colour or
language, provided that he or she has not used or advocated violence
(hereinafter referred to as 'prisoners of conscience'; AMNESTY INTERNATIONAL
shall work towards the release of and shall provide assistance to prisoners
of conscience);
b) the detention of any political prisoner without fair trial within a
reasonable time or any trial procedures relating to such prisoners that do
not conform to internationally recognized norms;
c) the death penalty, and the torture or other cruel, inhuman or degrading
treatment or punishment of prisoners or other detained or restricted persons,
whether or not the persons affected have used or advocated violence;
d) the extrajudicial execution of persons whether or not imprisoned,
detained or restricted, and "disappearances", whether or not the persons
affected have used or advocated violence.
* * *
TAKING ON NEW CHALLENGES [Excerpts]
[Amnesty International Report 1992]
...
As in the past, the right to hold and to express peacefully one's convictions
is at the core of the mandate. People imprisoned in violation of this right
are prisoners of conscience.
Secondly, the statute now also refers to discrimination by reason of ethnic
origin, sex, colour or religion. Those imprisoned solely because of such
discrimination have for many years been considered prisoners of conscience,
but the explicit reference to discrimination in the organization's Statute is
new.
Thirdly, Amnesty International focuses on the right to physical and mental
integrity, through opposing torture, cruel, inhuman or degrading treatment or
punishment, the death penalty, extrajudicial execution and "disappearance".
A series of decisions offered new interpretations of Statute provisions
which define prisoners of conscience, although the general definition is
unchanged. Prisoners of conscience are people subjected to imprisonment,
detention or other physical restrictions imposed by reason of their
political, religious or other conscientiously held beliefs or by reason of
their ethnic origin, sex, colour or language, provided that they have not
used or advocated violence.
Amnesty international has worked for many years for the release of
conscientious objectors to military service. One of the Yokohama decisions
reiterated that Amnesty International considers those who would be willing to
serve in some circumstances (frequently termed "selective objectors") as
prisoners of conscience, if they are imprisoned for refusing to serve - as
the organization has done since the Vietnam war. The decision also affirmed
past policy by stating explicitly that it covers both conscripts and others
in the armed forces, including volunteers, who develop conscientious
objections to participation in the armed forces at any stage...
Another mandate decision concerned sexuality. Amnesty International now
considers as prisoners of conscience people who are imprisoned solely because
of their homosexuality, including sexual activity in private between
consenting adults. Amnesty International is now looking into relevant laws
and practices...
The Statute changes at Yokohama also expanded Amnesty International's work
by including opposition to involuntary exile. The organization now works to
oppose forcible exile, where this is imposed by a government on account of a
person's non-violent expression of their opinions or solely because of their
ethnic origin, sex, colour or language. Amnesty International includes both
people who are formally expelled from their country by government action, and
those who while outside their country are formally denied the right to
return. Amnesty International does not include within its definition of
forcible exile those people who flee or remain outside their country because
they are under threat. It works for them by opposing the human rights
violations that cause them to flee, and through its refugee policy.
...
Amnesty International also decided to oppose the forcible relocation of a
people to a particular area of their own country, when this is based solely
on their religion, ethnic origin, sex, colour or language. It will conduct
research into the issue of forcible relocation and the extent and nature of
the practice.
The move away from an exclusive orientation on prisoners was also reflected
in a decision to oppose the destruction and sealing of houses when this is a
government measure to punish and to intimidate its opponents, their families
or entire communities, and to study the full range of measures taken by
governments against people for exercising their right to freedom of
expression or on account of their ethnic origin, sex, colour or language.
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Ä [84] U_ACTIV_PROG (1:343/70) ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ ECHOMAIL079 Ä
Msg : 8 of 100
From : Michael Blackstock 1:102/645 12 Jun 93 18:55:00
To : All
Subj : Pt 8/8: AI: FAQ
ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ
.SPLIT: 12 Jun 93 17:33:37 @102/645 501 08/08 +++++++++++
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.PID: Fred 1.9n6
Perhaps the most far-reaching decision taken in Yokohama was to expand
Amnesty International's mandate in relation to abuses committed by opposition
groups. Amnesty international has for many years condemned the torture or
killing of prisoners held by opposition groups. It will now additionally
oppose other deliberate and arbitrary killings and hostage-taking by armed
politcal opposition groups. So too is hostage-taking, when an opposition
group detains a person in order to compel a third party, often the
government, to do something as a condition of release. The expanded policy
brings new concerns in many countries into the scope of Amnesty
International's monitoring, reporting and action.
...
[Amnesty International USA
322 Eighth Avenue
New York, NY 10001]
--
Michael Blackstock | Amnesty International Database
aa604@Freenet.Carleton.Ca | Telnet to: Freenet.Carleton.Ca
| Select 5 from main menu
---
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