The following
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What is Amnesty International?
What does Amnesty International
do?
Prisoners of conscience
Political trials and imprisonment
without trial
Torture and other Cruel, Inhuman
or Degrading Treatment or Punishment
The Death Penalty
"Disappearances" and Political
Killings by Governments
Relief and refugees
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 pretense 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 1,100,000 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 International 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 this 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 organization's "mandate".
Here are some of the most frequently asked
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.
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, color,
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, conscience and religion; the right 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, color, 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 activities
nonetheless.
What does Amnesty
International 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 advocating
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 advocated 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 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 to 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 behavior
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 defense lawyer of their choice- or the defense 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 offense 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
offense, 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 offense. False criminal charges may
be brought against political activists (the charges could be currency offenses.
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 element to be considered.
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, color or language". The category "prisoner of conscience" does not
include those whose imprisonment may reasonably be 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 those 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 offenses, theft or murder) and
if there are no grounds to believe that either the crime or the imprisonment
were politically motivated, the case 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 analyzing 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 judgments and passing sentence must be manifestly independent
of other governmental authorities, particularly those bringing charges.
They must be protected from improper pressures in the fulfillment 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 of 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
omissions 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 offense 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 defense, to summon and examine witnesses, and to conduct proceedings
for the defense 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, color 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.
Torture is a fundamental violation of human
rights, condemned by the General Assembly of the United Nations as an offense
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.
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 organization considers 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 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 deliberate 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 independent 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 necessities 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 practices 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;
- dependents of all the above categories;
- dependents 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 their being subjected to torture or politically-motivated extra-
judicial 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 conscience without considerations. It takes no
part in arranging prisoner exchanges.
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