Section 1. Respect for the Integrity of the Person, Including Freedom from:
There were several reports that the government or its agents committed arbitrary or unlawful killings. From January 1 to September 30, UNAMA reported an overall increase in civilian deaths over the same period for 2017, from 2,666 to 2,798. The number of civilian deaths attributed to progovernment forces increased from 560 to 761. The total number of civilian casualties decreased from 8,084 to 8,050.
According to the annual report UNAMA released in February, Afghan Local Police (ALP) in Zurmat District, Paktiya Province, killed a civilian and injured two others during an attempted home invasion and robbery in September 2017. Although the government investigated and prosecuted some cases of extrajudicial killing, an overall lack of accountability for security force abuses remained a problem, particularly with the ALP.
There were numerous reports of politically motivated killings or injuries by the Taliban, ISIS-K, and other insurgent groups. UNAMA reported 1,743 civilian deaths due to antigovernment and terrorist forces in the first nine months of the year. These groups caused 65 percent of total civilian casualties, compared with 64 percent in 2017. On August 15, ISIS-K killed 48 individuals and injured 67 in a bombing that targeted students in a Kabul classroom.
There were reports of disappearances committed by security forces and antigovernment forces alike.
UNAMA, in its biannual Report on the Treatment of Conflict-Related Detainees, reported multiple allegations of disappearances by the ANP in Kandahar.
Two professors, working for the American University of Afghanistan and kidnapped by the Taliban in 2016 in Kabul, remained in captivity.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Although the constitution and law prohibit such practices, there were numerous reports that government officials, security forces, detention center authorities, and police committed abuses.
NGOs reported security forces continued to use excessive force, including torturing and beating civilians. On April 17, the government approved the UN Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, building on the prior year’s progress in passing the Antitorture Law. Independent monitors, however, continued to report credible cases of torture in detention centers.
UNAMA, in its April 2017 Report on the Treatment of Conflict-Related Detainees, stated that of the 469 National Directorate for Security (NDS), ANP, and Afghan National Defense and Security Forces (ANDSF) detainees interviewed, 39 percent reported torture or other abuse. Types of abuse included severe beatings, electric shocks, prolonged suspension by the arms, suffocation, wrenching of testicles, burns by cigarette lighters, sleep deprivation, sexual assault, and threats of execution.
The Afghanistan Independent Human Rights Commission (AIHRC) stated in its June report on the use of torture in detention centers that of the 621 detainees they interviewed, 79 persons, or 12 percent, reported being tortured, for the purpose of both eliciting confessions as well as punishment. The AIHRC reported that of these 79 cases, the ANP perpetrated 62 cases, with the balance by the NDS and ANDSF.
In November 2016, first vice president General Abdul Rashid Dostum allegedly kidnapped Uzbek tribal elder and political rival Ahmad Ishchi. Before detaining Ishchi, Dostum let his bodyguards brutally beat him. After several days in detention, Ishchi alleged he was beaten, tortured, and raped by Dostum and his men. Dostum returned in July and resumed his duties as first vice president after more than a year in Turkey. As of August there was no progress on the case brought by Ishchi.
There were numerous reports of torture and cruel, inhuman, and degrading punishment by the Taliban, ISIS-K, and other antigovernment groups. The AIHRC and other organizations reported summary convictions by Taliban courts that resulted in executions by stoning or beheading. According to media reports, Taliban in Kohistan District, Sar-e Pul Province, stoned a man to death in February on suspicion of zina (extramarital sex). There were other reports of ISIS-K atrocities, including the beheading of a 12-year-old child in Darzab District, Jowzjan Province, in April, the beheading of three medical workers in Chaparhar District, Nangarhar Province, in April, and stoning of a man in Nangarhar in February.
Prison and Detention Center Conditions
Prison conditions were difficult due to overcrowding, unsanitary conditions, and limited access to medical services. The General Directorate of Prisons and Detention Centers (GDPDC), part of the Ministry of Interior, has responsibility for all civilian-run prisons (for both men and women) and civilian detention centers, including the large national prison complex at Pul-e Charkhi. The Ministry of Justice’s Juvenile Rehabilitation Directorate is responsible for all juvenile rehabilitation centers. The NDS operates short-term detention facilities at the provincial and district levels, usually collocated with their headquarters facilities. The Ministry of Defense runs the Afghan National Detention Facilities at Parwan. There were credible reports of private prisons run by members of the ANDSF and used for abuse of detainees. The Taliban also maintain illegal detention facilities throughout the country. The ANDSF discovered and liberated several Taliban detention facilities during the year and reported that prisoners included children and Afghans accused of moral crimes or association with the government.
Physical Conditions: Overcrowding in prisons continued to be a serious, widespread problem. Based on standards recommended by the International Committee of the Red Cross (ICRC), 28 of 34 provincial prisons for men were severely overcrowded. The country’s largest prison, Pul-e Charkhi, held 13,118 prisoners, detainees, and children of incarcerated mothers as of October, 55 percent more than it was designed to hold. In August more than 500 prisoners at Pul-e Charkhi participated in a one-week hunger strike to protest prison conditions, particularly for elderly and ill inmates, and the administration of their cases.
Authorities generally lacked the facilities to separate pretrial and convicted inmates or to separate juveniles according to the seriousness of the charges against them. Local prisons and detention centers did not always have separate facilities for female prisoners.
According to NGOs and media reports, children younger than age 15 were imprisoned with their mothers, due in part to a lack of capacity among Children’s Support Centers. These reports documented insufficient educational and medical facilities for these minors.
Access to food, potable water, sanitation, heating, ventilation, lighting, and medical care in prisons varied throughout the country and was generally inadequate. The GDPDC’s nationwide program to feed prisoners faced a severely limited budget, and many prisoners relied on family members to provide food supplements and other necessary items. In November 2017 the local NGO Integrity Watch Afghanistan reported that Wardak Prison had no guaranteed source of clean drinking water and that prisoners in Pul-e Charkhi, Baghlan, and Wardak had limited access to food, with prisoners’ families also providing food to make up the gap.
Administration: The law provides prisoners with the right to leave prison for up to 20 days for family visits. Most prisons did not implement this provision, and the law is unclear in its application to different classes of prisoners.
Independent Monitoring: The AIHRC, UNAMA, and the ICRC monitored the NDS, Ministry of Interior, Ministry of Justice, and Ministry of Defense detention facilities. NATO Mission Resolute Support monitored the NDS, ANP, and Defense Ministry facilities. Security constraints and obstruction by authorities occasionally prevented visits to some places of detention. UNAMA and the AIHRC reported difficulty accessing NDS places of detention when they arrived unannounced. The AIHRC reported NDS officials usually required the AIHRC to submit a formal letter requesting access at least one to two days in advance of a visit. NDS officials continued to prohibit AIHRC and UNAMA monitors from bringing cameras, mobile phones, recording devices, or computers into NDS facilities, thereby preventing AIHRC monitors from properly documenting physical evidence of abuse, such as bruises, scars, and other injuries. The NDS assigned a colonel to monitor human rights conditions in its facilities.
The law prohibits arbitrary arrest and detention, but both remained serious problems. Authorities detained many citizens without respecting essential procedural protections. According to NGOs, law enforcement officers continued to detain citizens arbitrarily without clear legal authority or due process. Local law enforcement officials reportedly detained persons illegally on charges not provided under local criminal law. In some cases authorities improperly imprisoned women because they deemed it unsafe for the women to return home or because women’s shelters were not available to provide protection in the provinces or districts at issue (see section 6, Women). The law provides a defendant the right to object to his or her pretrial detention and receive a court hearing on the matter, but authorities generally did not observe this requirement.
ROLE OF THE POLICE AND SECURITY APPARATUS
Three ministries have responsibility for law enforcement and maintenance of order in the country: the Ministry of Interior, the Ministry of Defense, and the NDS. The ANP, under the Ministry of Interior, has primary responsibility for internal order and for the Afghan Local Police (ALP), a community-based self-defense force. The Major Crimes Task Force (MCTF), also under the Ministry of Interior, investigates major crimes including government corruption, human trafficking, and criminal organizations. The Afghan National Army, under the Ministry of Defense, is responsible for external security, but its primary activity is fighting the insurgency internally. The NDS functions as an intelligence agency and has responsibility for investigating criminal cases concerning national security. The investigative branch of the NDS operated a facility in Kabul, where it held national security prisoners awaiting trial until their cases went to prosecution. Some areas were outside of government control, and antigovernment forces, including the Taliban, oversaw their own justice and security systems.
There were reports of impunity and lack of accountability by security forces throughout the year. According to observers, ALP and ANP personnel were largely unaware of their responsibilities and defendants’ rights under the law. Accountability of the NDS, ANP, and ALP officials for torture and abuse was weak, not transparent, and rarely enforced. Independent judicial or external oversight of the NDS, MCTF, ANP, and ALP in the investigation and prosecution of crimes or misconduct, including torture and abuse, was limited or nonexistent.
ARREST PROCEDURES AND TREATMENT OF DETAINEES
UNAMA, the AIHRC, and other observers reported arbitrary and prolonged detention frequently occurred throughout the country. Authorities often did not inform detainees of the charges against them.
The new Penal Code, which took effect in February, modernizes and consolidates criminal laws incorporating new provisions, including the introduction of alternatives to incarceration for adults. Understanding and knowledge of the new code among justice-sector actors and the public was not widespread, but a UNAMA “Survey and Preliminary Findings on Implementation of the 2017 Penal Code (RPC) in Afghanistan”, conducted between April and July, found that courts generally were applying the new Penal Code and were aware of when it should be applied.
Existing law provides for access to legal counsel and the use of warrants, and it limits how long authorities may hold detainees without charge. Police have the right to detain a suspect for 72 hours to complete a preliminary investigation. If police decide to pursue a case, they transfer the file to the Attorney General’s Office. After taking custody of a suspect, the Attorney General’s Office can issue a detention warrant for up to seven days for a misdemeanor and 15 days for a felony. With court approval, the investigating prosecutor may continue to detain a suspect while continuing the investigation, with the length of continued detention depending on the severity of the offense. The investigating prosecutor may detain a suspect for a maximum of 10 days for a petty crime, 27 days for a misdemeanor, and 75 days for a felony. The prosecutor must file an indictment or release the suspect within those deadlines; there can be no further extension of the investigatory period if the defendant is already in detention. Prosecutors often ignored these limits. In addition there were multiple reports that judges often detained prisoners after sentences were completed because a bribe for release had not been paid. Incommunicado imprisonment remained a problem, and prompt access to a lawyer was rare. Prisoners generally were able to receive family visits.
The criminal procedure code, although rarely used, provides for release on bail. Authorities at times remanded “flight risk” defendants pending a prosecutorial appeal despite the defendants’ acquittal by the trial court. In other cases authorities did not rearrest defendants released pending appeal, even after the appellate court convicted them in absentia.
According to international monitors, prosecutors filed indictments in cases transferred to them by police, even where there was a reasonable belief no crime occurred.
According to the juvenile code, the arrest of a child “should be a matter of last resort and should last for the shortest possible period.” Reports indicated children in juvenile rehabilitation centers across the country lacked access to adequate food, health care, and education. Detained children frequently did not receive the presumption of innocence, the right to know the charges against them, access to defense lawyers, and protection from self-incrimination. The law provides for the creation of special juvenile police, prosecution offices, and courts. Due to limited resources, special juvenile courts functioned in only six provinces (Kabul, Herat, Balkh, Kandahar, Nangarhar, and Kunduz). Elsewhere, children’s cases went to ordinary courts. The law mandates authorities handle children’s cases confidentially.
Some children in the criminal justice system were victims rather than perpetrators of crime. In the absence of sufficient shelters for boys, authorities detained abused boys and placed them in juvenile rehabilitation centers because they could not return to their families and shelter elsewhere was unavailable.
Police and legal officials often charged women with intent to commit zina (sex outside marriage) to justify their arrest and incarceration for social offenses, such as running away from their husband or family, rejecting a spouse chosen by their families, and fleeing domestic violence or rape, or eloping to escape an arranged marriage. The constitution provides that in cases not explicitly covered by the provisions of the constitution or other laws, courts may, in accordance with Hanafi jurisprudence (a school of Islamic law) and within the limits set by the constitution, rule in a manner that best attains justice in the case. Although observers stated this provision was widely understood to apply only to civil cases, many judges and prosecutors applied this provision to criminal matters. Observers reported officials used this article to charge women and men with “immorality” or “running away from home”, neither of which is a crime. Police often detained women for zina at the request of family members.
Authorities imprisoned some women for reporting crimes perpetrated against them and detained some as proxies for a husband or male relative convicted of a crime on the assumption the suspect would turn himself in to free the family member.
Authorities placed some women in protective custody to prevent violence by family members. They also employed protective custody (including placement in a detention center) for women who had experienced domestic violence, if no shelters were available to protect them from further abuse. The 2009 Elimination of Violence Against Women (EVAW) presidential decree–commonly referred to as the EVAW law–obliges police to arrest persons who abuse women. Implementation and awareness of the EVAW law was limited, however. In March, President Ghani issued a decree amending the new Penal Code to reinforce EVAW as a stand-alone law.
Arbitrary Arrest: Arbitrary arrest and detention remained a problem in most provinces. Observers reported some prosecutors and police detained individuals without charge for actions that were not crimes under the law, in part because the judicial system was inadequate to process detainees in a timely fashion. Observers continued to report those detained for moral crimes were primarily women.
Pretrial Detention: The law provides a defendant the right to object to his or her pretrial detention and receive a court hearing on the matter. Nevertheless, lengthy pretrial detention remained a problem. Many detainees did not benefit from the provisions of the criminal procedure code because of a lack of resources, limited numbers of defense attorneys, unskilled legal practitioners, and corruption. The law provides that, if there is no completed investigation or filed indictment within the code’s 10-, 27-, or 75-day deadlines, judges must release defendants. Judges, however, held many detainees beyond those periods, despite the lack of an indictment.
Amnesty: In January the government released 75 Hezb-e Islami Gulbuddin (HIG) political detainees as follow-up to a September 2016 peace accord with the HIG that included amnesty for past war crimes for HIG members including its leader, Gulbuddin Hekmatyar.
The law provides for an independent judiciary, but the judiciary continued to be underfunded, understaffed, inadequately trained, largely ineffective, and subject to threats, bias, political influence, and pervasive corruption.
Judicial officials, prosecutors, and defense attorneys were often intimidated or corrupt. In May, UNAMA reported that the Anticorruption Justice Center, established in 2016 to combat corruption, has thus far indicted 142 cases, including charges of misuse of authority, embezzlement, bribery, forgery of documents, and money laundering. Bribery and pressure from public officials, tribal leaders, families of accused persons, and individuals associated with the insurgency impaired judicial impartiality. Most courts administered justice unevenly, employing a mixture of codified law, sharia, and local custom. Traditional justice mechanisms remained the main recourse for many, especially in rural areas. Corruption was common within the judiciary, and criminals often paid bribes to obtain their release or a sentence reduction (see section 4).
There was a widespread shortage of judges, primarily in insecure areas, leading to the adjudication of many cases through informal, traditional mediation. A shortage of women judges, particularly outside of Kabul, limited access to justice for women. Many women cannot and do not use the formal justice system because cultural norms preclude their engagement with male officials. Only 234 of 2162, or 12 percent, of judges are women. The formal justice system was stronger in urban centers, closer to the central government, and weaker in rural areas. Courts and police forces continued to operate at less than full strength nationwide. The judicial system continued to lack the capacity to absorb and implement the large volume of new and amended legislation. A lack of qualified judicial personnel hindered the courts. Some municipal and provincial authorities, including judges, had minimal training and often based their judgments on their personal understanding of sharia without appropriate reference to statutory law, tribal codes of honor, or local custom. The number of judges who graduated from law school continued to increase. Access to legal codes and statutes increased, but their limited availability continued to hinder some judges and prosecutors. UNAMA found during an April to July survey that judges did not have sufficient copies of the new Penal Code.
During the year an investigatory committee, formed by President Ghani in 2016, closed its inquiry into the Farkhunda case, which involved the 2015 death of a woman killed by a mob. The committee report described deficiencies in responses by the police, prosecutors, and the courts. The investigation was closed during the year without further action.
In major cities courts continued to decide criminal cases as mandated by law. Authorities frequently resolved civil cases using the informal system, the government mediation mechanism through the Ministry of Justice Huquq office, or, in some cases, through negotiations between the parties facilitated by judicial personnel or private lawyers. Because the formal legal system often was not present in rural areas, local elders and shuras (consultative gatherings, usually of men selected by the community) were the primary means of settling both criminal matters and civil disputes. They also imposed punishments without regard to the formal legal system. UNAMA and NGOs reported several cases where perpetrators of violence against women crimes that included domestic abuse reoffended after their claims were resolved by mediation. For example, UNAMA cited a case where a Taliban court’s mediation sent a victim of spousal abuse back to her home, only for her husband to cut off her nose afterwards.
In some areas the Taliban enforced a parallel judicial system based on a strict interpretation of sharia. Punishments included execution and mutilation. According to media reporting, in February a Taliban court in Obe District, Herat Province, cut off a man’s hand and leg as a sentence for robbery.
The constitution provides the right to a fair and public trial, but the judiciary rarely enforced this provision. The administration and implementation of justice varied in different areas of the country. The government formally uses an inquisitorial legal system. By law all citizens are entitled to a presumption of innocence, and those accused have the right to be present at trial and to appeal, although the judiciary did not always respect these rights. Some provinces held public trials, but this was not the norm. The law requires judges to provide five days’ notice prior to a hearing, but this requirement was not always followed.
Three-judge panels decide criminal trials, and there is no right to a jury trial under the constitution. Prosecutors rarely informed defendants promptly or in detail of the charges brought against them. Indigent defendants have the right to consult with an advocate or counsel at public expense when resources allow. The judiciary applied this right inconsistently, in large part due to a severe shortage of defense lawyers. Citizens were often unaware of their constitutional rights. Defendants and attorneys are entitled to examine physical evidence and documents related to a case before trial, although observers noted court documents often were not available for review before cases went to trial, despite defense lawyers’ requests.
Criminal defense attorneys reported the judiciary’s increased respect and tolerance for the role of defense lawyers in criminal trials, but defendants’ attorneys continued to experience abuse and threats from prosecutors and other law enforcement officials.
The criminal procedure code establishes time limits for the completion of each stage of a criminal case, from investigation through final appeal, when the accused is in custody. The code also permits temporary release of the accused on bail, but this was rarely honored. An addendum to the code provides for extended custodial limits in cases involving crimes committed against the internal and external security of the country. Courts at the Justice Center in Parwan regularly elected to utilize the extended time periods. If the judiciary does not meet the deadlines, the law requires the accused be released from custody. Often courts did not meet these deadlines, but detainees nevertheless remained in custody.
In cases where no clearly defined legal statute applied, or where judges, prosecutors, or elders were unaware of the statutory law, judges and informal shuras enforced customary law. This practice often resulted in outcomes that discriminated against women.
POLITICAL PRISONERS AND DETAINEES
There were no reports the government held political prisoners or detainees.
CIVIL JUDICIAL PROCEDURES AND REMEDIES
Corruption and limited capacity restricted citizen access to justice for constitutional and human rights violations. Citizens submit complaints of human rights violations to the AIHRC, which reviews and submits credible complaints to the Attorney General’s Office for further investigation and prosecution.
The law prohibits arbitrary interference in matters of privacy, but authorities did not always respect its provisions. The criminal procedure code contains additional safeguards for the privacy of the home, prohibiting night arrests, requiring the presence of a female officer during residential searches, and strengthening requirements for body searches. The government did not always respect these prohibitions.
Government officials continued to enter homes and businesses of civilians forcibly and without legal authorization. There were reports that government officials monitored private communications, including telephone calls and other digital communications, without legal authority or judicial warrant.
Media and the government reported that the Taliban routinely used civilian homes as shelters and bases of operation, including in their attacks on Farah in May and Ghazni in August. There were also reports that the Taliban and ISIS-K used schools for military purposes.
Continuing internal conflict resulted in civilian deaths, abductions, prisoner abuse, property damage, displacement of residents, and other abuses. The security situation remained a problem due to insurgent attacks. Terrorist groups caused the vast majority of civilian deaths.
Killings: During the first nine months of the year, UNAMA counted 2,798 civilian deaths due to conflict, an increase of 5 percent from the same period in 2017. UNAMA noted an increase in indiscriminate suicide attacks by antigovernment forces, particularly in Nangarhar Province, where civilian casualties more than doubled compared with the same period in 2017. UNAMA attributed 65 percent of civilian casualties to antigovernment forces, including the Taliban and ISIS, and 22 percent to progovernment forces. UNAMA documented 649 civilian casualties from airstrikes in the first nine months of the year, a 39 percent increase over the same period in 2017. The AIHRC, in its annual report of civilian casualties, reported 3,239 civilians killed from March 2017 to March 2018, a 15 percent increase over the prior year. The AIHRC attributed 65 percent of civilian casualties to antigovernment forces.
On April 2, Afghan Air Force helicopters struck a madrassa in Dasht-e Archi District, Kunduz Province, in an operation targeting Taliban forces. The strike caused at least 107 casualties, according to UNAMA, including 81 children.
UNAMA documented an increase in attacks by antigovernment forces against religious leaders, recording 27 targeted killings in 2016 and 2017, most of which were attributed to the Taliban. On August 3, ISIS-K targeted a Shia mosque in Gardez, Paktia Province, in a suicide bombing that killed 39 civilians during Friday prayers.
Antigovernment elements also continued to attack religious leaders who spoke against the Taliban. On March 7, a suicide bombing killed Mullah Abdul Zahir Haqani, the Ministry of Hajj and Religious Affairs director for Nangarhar Province. On June 4, ISIS-K targeted a gathering of religious scholars in Kabul with a suicide bombing, killing 14 after the scholars issued a religious declaration condemning suicide attacks, and a bomb attack on another religious gathering killed at least 55 persons on November 20.
During the year antigovernment groups continued to perpetrate complex suicide attacks targeting civilians. On September 11, a suicide attack targeting a protest in Nangarhar Province killed approximately 68 and wounded 165. On January 27, the Taliban killed more than 100 individuals in Kabul with a vehicle-borne IED hidden in an ambulance. On January 20, the Taliban attacked the Inter-Continental Hotel in Kabul, killing 42, including 17 foreign nationals.
Antigovernment elements also continued to target government officials and entities, as well as political candidates, throughout the country. On July 31, attackers assaulted the offices of the Ministry of Refugees and Repatriation in Jalalabad, Nangarhar Province, killing at least 15. On April 12, the governor of Khawaja Omari District, Ghazni Province, was killed when the Taliban attacked the district headquarters, leaving more than 12 dead.
Abductions: UNAMA documented 255 cases of conflict-related abductions involving 1,005 abducted civilians in 2017, of which 215 cases were attributed to the Taliban. In June the Taliban abducted 44 construction workers in Kandahar Province, eventually releasing them in August after mediation by local elders.
Physical Abuse, Punishment, and Torture: An April 2017 report by UNAMA documented the highest levels of torture of conflict-related detainees in police custody since 2010. According to the report, the Kandahar police tortured 91 percent of detainees by forcibly pumping water into their stomachs, crushing their testicles with clamps, suffocating them to the point of losing consciousness, or applying electric current to their genitals. In July Afghan security forces arrested Nizamuddin Qaisari, a local militia commander and district police chief. A widely released video showed the arresting forces beating Qaisari’s restrained security detail, leading to several days of protests.
Antigovernment elements continued to punish civilians. In August 2017 Taliban and ISIS-K members killed approximately 36 individuals, including civilians, at Mirza Olang village, Sayyad District, Sar-e Pul Province, accusing them of supporting the government. Shortly after voting in the October parliamentary elections, Taliban combatants kidnapped an individual and cut off the finger he had dipped in ink following voting, a common practice after voting to prevent duplicate voting.
Antigovernment groups regularly targeted civilians, including using indiscriminate IEDs to kill and maim them. Land mines, unexploded ordnance, and explosive remnants of war (ERW) continued to cause deaths and injuries. The ANP reported that unexploded ordnance (UXO) killed 140 individuals per month. Media regularly reported cases of children killed and injured after finding UXO. The Ministry of Education and NGOs continued to conduct educational programs and mine awareness campaigns throughout the country. The UN High Commissioner for Refugees and the International Organization for Migration provided mine-risk education for refugees and undocumented returnees.
In 2017 civilian casualties from ERW decreased by 12 percent compared with 2016. Child casualties accounted for 81 percent of all civilian casualties caused by ERW in 2017. ERW caused 518 child casualties (142 deaths and 376 injured). Overall in 2017, UNAMA documented 639 civilian casualties (164 deaths and 475 injuries) from ERW.
Child Soldiers: There were reports the ANDSF, particularly the ANP and ALP, and progovernment militias recruited children. The AIHRC reported that government security forces in Kandahar Province used child recruits. UNAMA verified or documented credible allegations of the recruitment and use of six boys by security forces during the first six months of the year. The government expanded child protection units to all 34 provinces; however, some NGOs reported these units were not sufficiently equipped, staffed, or trained to provide adequate oversight.
Under a government action plan, the ANP took steps that included training staff on age-assessment procedures, launching an awareness campaign on underage recruitment, investigating alleged cases of underage recruitment, and establishing centers in some provincial recruitment centers to document cases of attempted child enlistment. Recruits underwent an identity check, including an affidavit from at least two community elders that the recruit was at least 18 years old and eligible to join the ANDSF. The Ministries of Interior and Defense also issued directives meant to prevent the recruitment and sexual abuse of children by the ANDSF. Media reported that in some cases ANDSF units used children as personal servants, support staff, or for sexual purposes.
According to UNAMA, the Taliban and ISIS-K continued to use children for front-line fighting and setting IEDs. On August 1, an ISIS-K group numbering more than 200 surrendered to the government in Jowzjan Province. According to some reports, the group included several dozen children, including at least four younger than age 12, many of whom were child combatants. While the law protects trafficking victims from prosecution for crimes committed as a result of being subjected to trafficking, it was unclear if the government would treat the child ex-combatants as trafficking victims or penalize them as combatants.
UNAMA verified or documented credible allegations of the recruitment of 23 boys by antigovernment elements in the first six months of the year (17 by Tehrik-i-Taliban Pakistan, two by ISIS-K, and four by the Taliban). In some cases the Taliban and other antigovernment elements used children as suicide bombers, human shields, and IED emplacers, particularly in southern provinces. Media, NGOs, and UN agencies reported the Taliban tricked children, promised them money, used false religious pretexts, or forced them to become suicide bombers.
See also the Department of State’s annual Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.
Other Conflict-related Abuse: The security environment continued to have a negative effect on the ability of humanitarian organizations to operate freely in many parts of the country. Violence and instability hampered development, relief, and reconstruction efforts. Insurgents deliberately targeted government employees and aid workers. NGOs reported insurgents, powerful local individuals, and militia leaders demanded bribes to allow groups to bring relief supplies into the country and distribute them. Antigovernment elements continued their targeting of hospitals and aid workers. According to media reports through August, 23 aid workers were killed, 37 injured, and 74 abducted. During 2017, UNAMA documented 75 incidents targeting health-care facilities and health-care workers, resulting in 65 civilian casualties (31 deaths and 34 injured) compared with 120 incidents during 2016 that caused 23 civilian casualties (10 deaths and 13 injured). On January 24, ISIS-K assaulted the Jalalabad office of Save the Children, killing three. In August the Taliban threatened the ICRC by rescinding guarantees for the security of its workers.
In the south and east, the Taliban and other antigovernment elements frequently forced local residents to provide food and shelter for their fighters. The Taliban also continued to attack schools, radio stations, and government offices. During the year the Taliban continued to threaten and shut down hundreds of schools, often in an attempt to extort revenue from Ministry of Education payrolls, according to media reports. In June more than 2,000 Islamic scholars, members of a group known as the Ulema Council, convened on the campus of the Polytechnic University of Kabul. On the morning of June 4, the group of scholars issued a fatwa, or religious edict, stating that the insurgency by extremist groups had no religious basis and that suicide bombings were forbidden by Islam. Shortly thereafter, a bomber detonated an explosive device outside the tent where the council had met, killing 14 of its members and injuring at least 20. On August 15, another bomber detonated an explosive device at the Mowud Education Center (MEC) in Kabul’s Dasht-e-Barchi District. As many as 500 students in their teens and twenties were studying for university entrance exams at MEC at the time of the attack, which left 34 dead and at least 57 injured. On August 16, the Islamic State claimed responsibility for the attack. The education center is largely attended by Kabul’s minority Shiite Hazara community. Reports suggested that the attack was part of a pattern of violence against the Hazara community.
Section 1. Respect for the Integrity of the Person, Including Freedom from:
The government or its agents engaged in arbitrary or unlawful killings. On October 2, Jamal Khashoggi, a prominent Saudi journalist who lived abroad in “self-exile,” was killed by government agents during a visit to the Saudi Arabian consulate in Istanbul, Turkey. The government initially claimed he had left the consulate in good health but changed its story as facts came to light. On November 15, the PPO announced the indictment of 11 suspects in Khashoggi’s killing and that it would seek the death penalty for five of them charged with murder. The PPO added that an additional 10 suspects were under investigation in connection with the case. The PPO did not name the suspects. Previously, on October 19, the government announced the dismissal of five senior officials, including Royal Court advisor Saud al-Qahtani and Deputy Chief of the General Intelligence Presidency Ahmad al-Asiri, in connection with Khashoggi’s killing. In 2016 authorities reportedly banned Khashoggi from writing, appearing on television, and attending conferences due to remarks he made that were interpreted as critical of foreign and Saudi government officials, according to multiple media sources.
On March 12, the New York Times reported that unnamed sources said 17 detainees–among them princes, businessmen, and former and current government officials–held at the Ritz Carlton Hotel in Riyadh in November 2017 had required hospitalization for physical abuse and that one had died in custody.
Under the country’s interpretation and practice of sharia (Islamic law), capital punishment may be imposed for a range of nonviolent offenses, including apostasy, sorcery, and adultery, although in practice death sentences for such offenses were rare and often reduced on appeal. The government, however, frequently implemented capital punishment for nonviolent drug trafficking offenses. According to the governmental Saudi Press Agency, the country carried out 145 executions as of December 19, 57 of which were for drug-related offenses. Three of those executions were carried out in public.
Since the country lacks a comprehensive written penal code listing criminal offenses and the associated penalties for them (see section 1.e.), punishment–including the imposition of capital punishment–is subject to considerable judicial discretion. Defendants are able to appeal their sentences. The law requires a five-judge appellate court to affirm a death sentence, which a five-judge panel of the Supreme Court must unanimously affirm. Appellate courts may recommend changes to a sentence, including increasing a lesser sentence to the death penalty.
Defendants possess the right under the law to seek commutation of a death sentence for some crimes and may receive a royal pardon under specific circumstances (see section 1.d.).
Many of those executed during the year had been convicted in trials that did not meet international minimum fair trial standards, according to NGOs such as Amnesty International. Amnesty noted that “those sentenced to death are often convicted solely on the basis of ‘confessions’ obtained under torture and other mistreatment, denied legal representation in trials which are held in secret, and are not kept informed of the progress of the legal proceedings in their case.”
In August the public prosecutor charged six Eastern Province activists with offenses that potentially could lead to death sentences based on the sharia principle of ta’zir, or “discretionary” punishments, according to HRW. The judge has discretion over the definition of what constitutes a crime and the sentence. The activists had initial hearings before the Specialized Criminal Court (SCC), set up in 2008 to try terrorism cases, on charges including “participating in violent protests” in the Qatif area of Eastern Province. Local and international human rights organizations noted the hearings before the SCC lacked transparency and did not adhere to minimum fair trial standards.
On March 15, seven UN experts issued a statement expressing concern over the pending death sentence of Abbas Haiji al-Hassan and 14 others, whom the SCC convicted of spying for Iran, financing terrorism, and illegally proselytizing in 2016. The experts called on the government to annul the death sentences, which had been upheld by further court rulings in July and December 2017. Al-Hassan was later transferred to the State Security Presidency (SSP), and his sentence was, at year’s end, subject to ratification by the king. The UN report commented: “We are concerned that these individuals were subjected to torture during their interrogation to obtain confessions and that the death sentences may be based on evidence obtained under these conditions.”
The government also imposed death sentences for crimes committed by minors. According to the European Saudi Organization for Human Rights (ESOHR), at year’s end eight individuals on death row were minors when detained, or at the time they committed offenses. The new Juvenile Law (approved by Royal Decree No. M/113, dated August 1, 2018), however, sets the legal age at 18 based on the Hijri calendar and in some cases permits detention of minors in a juvenile facility for up to 15 years if the crime is otherwise punishable by death.
At year’s end the government had not carried out the execution of Ali Mohammed Baqir al-Nimr, sentenced to death in 2014 for crimes he allegedly committed when he was 17. Al-Nimr was charged with protesting, aiding and abetting fugitives, attacking security vehicles, and various violent crimes. Human rights organizations reported due process concerns relating to minimum fair trial standards for his case. Al-Nimr was the nephew of Shia cleric Nimr al-Nimr, executed in 2016.
There were terrorist attacks in the country during the year. A police officer, a Bangladeshi national, and two attackers were killed in a terrorist attack claimed by ISIS that targeted a security checkpoint in Buraidah, Qassim Province, on July 8.
There were reports of disappearances carried out by or on behalf of government authorities.
On May 29 and June 13, UN Office of the High Commissioner for Human Rights spokesperson Liz Throssell and HRW, respectively, urged authorities to disclose the whereabouts of Nawaf al-Rasheed, a citizen with dual Qatari nationality, whom Kuwait authorities stated had been deported to Saudi Arabia on May 12 at the kingdom’s request.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The law prohibits torture and makes officers, who are responsible for criminal investigations, liable for any abuse of authority. Sharia, as interpreted in the country, prohibits judges from accepting confessions obtained under duress. Statutory law provides that public investigators shall not subject accused persons to coercive measures to influence their testimony.
Multiple human rights organizations, the United Nations, and independent third parties noted numerous reports of torture and mistreatment of detainees by law enforcement officers. In November HRW and Amnesty International reported that some female right-to-drive activists arrested in May and June were subjected to torture and sexual harassment while in detention at Dhahban Prison near Jeddah. Human rights organizations and Western media outlets reported the women had been subjected to electric shocks, whipping, and forced kissing.
In a September SCC hearing attended by diplomatic representatives, three defendants reported their confessions had been forced after they were subject to abuse including beatings, sleep deprivation, being forced to stand for long periods, and food deprivation. In a June report, UN Special Rapporteur on Human Rights and Counter-terrorism Ben Emmerson called on authorities to investigate allegations of the torture of detainees. While noting the country had “suffered numerous terrorist acts” and had a duty to protect its citizens, Emmerson said he had “well-documented reports” of torture and mistreatment by law enforcement officials against individuals accused of terrorism, as well as the use of coerced confessions. Emmerson also said authorities had widened their use of the broad antiterrorism law since his visit in April-May 2017. Authorities denied officials committed torture and stated they afforded all detainees due process and properly investigated credible complaints of mistreatment or torture.
On March 11, The New York Times reported that businessmen and princes arrested and detained during the government’s November 2017 anticorruption campaign were required to wear ankle bracelets that tracked their movements after their release. It added that at least 17 detainees were hospitalized for physical abuse, and one later died in custody with his body bearing signs of torture.
Amnesty, HRW, and other organizations also reported cases in which the SCC based its decisions on confessions allegedly obtained through torture and then admitted as evidence.
Former detainees in facilities run by the General Investigations Directorate (the country’s internal security forces, also known as Mabahith) alleged that abuse included beatings, sleep deprivation, and long periods of solitary confinement for nonviolent detainees.
Officials from the Ministry of Interior, PPO, and Human Rights Commission (HRC) claimed that rules prohibiting torture prevented such practices from occurring in the penal system. The ministry said it installed surveillance cameras to record interrogations of suspects in some criminal investigation offices, police stations, and prisons where such interrogations regularly occurred, such as the General Investigations Directorate/Mabahith prison facilities. There were reports that defendants who requested copies of video footage from the ministry’s surveillance system to provide as evidence of torture did not receive it.
Courts continued to sentence individuals to corporal punishment, usually in the form of floggings, whippings, or lashings, a common punishment that government officials defended as punishment dictated by sharia. According to human rights activists, police conducted the floggings according to a set of guidelines determined by local interpretation of sharia. The police official administering the punishment must place a copy of the Quran under his arm that prevents raising the hand above the head, limiting the ability to inflict pain or injury on the person subjected to the punishment, and instructions forbid police from breaking the skin or causing scarring when administering the lashes. Human rights organizations disputed that officials implemented floggings according to these guidelines for all prisoners and characterized flogging as a form of cruel and unusual punishment.
There were no reported cases of judicially administered amputation during the year.
Prison and Detention Center Conditions
Prison and detention center conditions varied, and some did not meet international standards; reported problems included overcrowding and inadequate conditions.
Physical Conditions: In May the HRC reported that the most common problems observed during prison visits conducted in 2017 included overcrowding as well as insufficient facilities for inmates with disabilities.
Juveniles constituted less than 1 percent of detainees and were held in separate facilities from adults, according to available information.
Violations listed in National Society for Human Rights (NSHR) reports following prison visits documented shortages of properly trained wardens and lack of prompt access to medical treatment and services, including medication, when requested. Some prisoners alleged prison authorities maintained cold temperatures in prison facilities and deliberately kept lights on 24 hours a day to make prisoners uncomfortable.
Human rights activists reported that deaths in prisons, jails, or pretrial detention centers were infrequent (see section 1.a.).
Authorities held pretrial detainees together with convicted prisoners. They separated persons suspected or convicted of terrorism offenses from the general population but held them in similar facilities. Activists alleged that authorities sometimes detained individuals in the same cells as individuals with mental disabilities as a form of punishment and indicated that authorities mistreated persons with disabilities.
Administration: There were multiple legal authorities for prisons and detention centers. The General Directorate of Prisons administered approximately 91 detention centers, prisons, and jails, while the General Investigations Directorate/Mabahith administered approximately 20 regional prisons and detention centers for security prisoners. Article 37 of the law of criminal procedure gives members of the PPO the authority to conduct official visits of prisons and detention facilities “within their jurisdictional areas to ensure that no person is unlawfully imprisoned or detained” (see section 1.d., Arrest Procedures and Treatment of Detainees).
No ombudsmen were available to register or investigate complaints made by prisoners, although prisoners could and did submit complaints to the HRC and the NSHR for follow up. Article 38 of the law of criminal procedure provides that “any prisoner or detainee shall have the right to submit, at any time, a written or verbal complaint to the prison or detention center officer and request that he communicate it to a member of the [former] Bureau of Investigations and Public Prosecution [renamed the PPO].” Under the law there is no right to submit complaints directly to judicial authorities or to challenge the legality of an individual’s detention before a court of law (habeas corpus). There was no information available on whether prisoners were able to submit complaints to prison or prosecutorial authorities without censorship, or whether authorities responded or acted upon complaints.
On December 17, the Wall Street Journal reported the HRC was investigating alleged abused of detained women’s rights activists.
On July 6, security authorities arrested human rights defender Khaled al-Omair after he had filed a complaint with the Royal Court against an officer of the General Directorate of Investigation who allegedly tortured him during a prior imprisonment, according to the Gulf Centre for Human Rights (GCHR). Al-Omair was previously released in April 2017 after serving an eight-year sentence for inciting demonstrations and calling for them via the internet, according to the GCHR.
Recordkeeping on prisoners was inadequate; there were reports authorities held prisoners after they had completed their sentences.
A Ministry of Interior-run website (Nafetha) provided detainees and their relatives access to a database containing information about the legal status of the detainee, including any scheduled trial dates. Activists said the website did not provide information about all detainees.
Authorities differentiated between violent and nonviolent prisoners, sometimes pardoning nonviolent prisoners to reduce the prison population. Certain prisoners convicted on terrorism-related charges were required to participate in government-sponsored rehabilitation programs before consideration of their release.
Authorities generally permitted relatives and friends to visit prisoners twice a week, although certain prisons limited visitation to once every 15 days. There were reports that prison, security, or law enforcement officials denied this privilege in some instances, often during investigations. The families of detainees could access the Nafetha website for applications for prison visits, temporary leave from prison (generally approved around post-Ramadan Eid holidays), and release on bail (for pretrial detainees). Some family members of detained persons under investigation said family visits were typically not allowed, while others said allowed visits or calls were extremely brief (less than five minutes). Some family members of prisoners complained authorities canceled scheduled visits with relatives without reason.
Authorities generally permitted Muslim detainees and prisoners to perform religious observances such as prayers.
Independent Monitoring: Independent institutions were not permitted to conduct regular, unannounced visits to places of detention, according to the UN Committee against Torture. During the year the government permitted some foreign diplomats to visit some prison facilities to view general conditions in nonconsular cases. In a limited number of cases, foreign diplomats visited individuals in detention, but the visits took place in a separate visitors’ center where conditions may have differed from those in the detention facilities holding the prisoners.
The government permitted the HRC and domestic quasi-governmental organizations, such as the NSHR, to monitor prison conditions. The organizations stated they visited prisons throughout the country and reported on prison conditions. In December the HRC reported it had conducted more than 1,200 prison visits in 2017, including visits to Mabahith prisons, criminal investigation prisons, and some military prisons, as well as “social surveillance centers” and girls’ welfare institutions. The NSHR reportedly monitored health care in prisons and brought deficiencies to the attention of the PPO.
The law provides that no entity may restrict a person’s actions or imprison a person, except under the provisions of the law. The law of criminal procedure provides that authorities may not detain a person for more than 24 hours, except pursuant to a written order from a public investigator. Authorities must inform the detained person of the reasons for detention. Regardless, the Ministry of Interior and the SSP, to which the majority of forces with arrest powers reported, maintained broad authority to arrest and detain persons indefinitely without judicial oversight, notification of charges, or effective access to legal counsel or family. Authorities held persons for months and sometimes years without charge or trial and reportedly failed to advise them promptly of their rights, including their legal right to be represented by an attorney. Under the law of criminal procedure, detentions can be extended administratively for up to six months at the discretion of the PPO.
The Supreme Anti-Corruption Committee, formed by Royal Order No. (A/38) in November 2017, was granted broad powers, including the authority to issue arrest warrants and travel bans, freeze accounts and portfolios, and take whatever measures deemed necessary to deal with those involved in public corruption cases.
In January the public prosecutor stated the committee summoned 381 persons for questioning, of whom 56 suspects were still held on graft charges. On April 8, the public prosecutor began investigations and opening arguments for the remaining 56 suspects. In an October 5 interview with Bloomberg News, Crown Prince Mohammed bin Salman declared only eight suspects remained.
The PPO may order the detention of any person accused of a crime under the 2017 counterterrorism law for up to 30 days, or successive periods not exceeding 30 days each, and in total not more than 12 months. The SCC must authorize periods of detention of more than 12 months. In practice the United Nations and international human rights organizations documented numerous cases of detention that reportedly exceeded the maximum allowable period under the law.
By law defendants accused of any crime cited in the law are entitled to hire a practicing lawyer to defend themselves before the court “within an adequate period of time to be decided by the investigatory body.”
Since May 15, authorities arrested at least 30 prominent activists, and imposed travel bans on others, in connection with these activists’ advocacy for the right of women to drive. On June 1, Public Prosecutor Sheikh Saud al-Mu’jab stated authorities temporarily released eight of the detainees (five women and three men). An additional activist was released in December.
ROLE OF THE POLICE AND SECURITY APPARATUS
In July 2017 King Salman issued a royal decree that established the State Security Presidency (SSP), a new entity reporting directly to the king, to consolidate “the counterterrorism and domestic intelligence services” and “all matters related to state security, … combatting terrorism, and financial investigations,” according to the official Saudi Press Agency. The royal decree moved the General Directorate of Investigation (Mabahith), Special Security Forces, Special Emergency Forces, General Security Aviation Command, General Directorate of Technical Affairs, and the National Information Center from the Ministry of Interior to the SSP. Police, traffic authorities, and the General Directorate of Passports remained under the Ministry of Interior, according to the Ministry of Information’s website.
The king, SSP, and Ministries of Defense, Interior, and National Guard are responsible for law enforcement and maintenance of order. The SSP and Ministry of Interior exercise primary control over internal security and police forces. The civil police and the internal security police have authority to arrest and detain individuals. Ministry of Interior and SSP police and security forces were generally able to maintain order.
The Committee for the Promotion of Virtue and the Prevention of Vice (CPVPV), which monitors public behavior to enforce strict adherence to official interpretation of Islamic norms, reports to the king via the Royal Diwan (royal court) and to the Ministry of Interior. In 2016 the cabinet issued regulations severely curtailing the CPVPV’s enforcement powers. The new regulations prohibit CPVPV officers from investigating, detaining or arresting, or requesting the identification of any individual. The regulations also limit their activities to providing counseling and reporting individuals suspected of violating the law to police or other authorities. Evidence available since the end of 2017 indicated that CPVPV officers were less visibly present and active after implementation of the new strictures. Mabahith officers also have broad authorities to investigate, detain, and forward “national security” cases to judicial authorities–which ranged from terrorism cases to dissident and human rights activist cases–separate from the PPO.
Civilian authorities generally maintained effective control over security forces, and the government had mechanisms to investigate and punish abuse and corruption. Military and security courts investigated abuses of authority and security force killings. The Board of Grievances (“Diwan al-Mazalim”), a high-level administrative judicial body that hears cases against government entities and reports directly to the king, is the primary mechanism to seek redress for claims of abuse. Citizens may report abuses by security forces at any police station or to the HRC or NSHR. The HRC and NSHR maintained records of complaints and outcomes, but privacy laws protected information about individual cases, and information was not publicly available. The HRC said in February that it received 2,646 human rights-related complaints during fiscal year 2016-17. During the year the Board of Grievances held hearings and adjudicated claims of wrongdoing, but there were no reported prosecutions of security force members for human rights violations.
The HRC, in cooperation with the Ministry of Education, provided materials and training to police, other security forces, the Ministry of Defense, and the CPVPV on protecting human rights.
The Supreme Anti-Corruption Committee, established in November 2017, the National Anticorruption Commission (Nazaha), the PPO, and the Control and Investigation Board are units of the government with authority to investigate reports of criminal activity, corruption, and “disciplinary cases” involving government employees. These bodies are responsible for investigating potential cases and referring them to the administrative courts. Legal authorities for investigation and public prosecution of criminal offenses are consolidated within the PPO; the Control and Investigation Board is responsible for investigation and prosecution of noncriminal cases. Financial audit and control functions are vested in the General Auditing Board.
ARREST PROCEDURES AND TREATMENT OF DETAINEES
In June 2017 King Salman issued two royal decrees that created the Public Prosecutor’s Office, (formerly the Bureau of Investigations and Public Prosecution or BIPP), establishing Saud bin Abdullah bin Mubarak al-Mu’jab as its head attorney general. The decrees directed the newly named agency to report directly to the king (rather than the Ministry of Interior, to which the BIPP had reported). Officials stated these changes would increase the independence and effectiveness of the lead prosecutorial office.
According to the law of criminal procedure, “no person shall be arrested, searched, detained, or imprisoned except in cases provided by law, and any accused person shall have the right to seek the assistance of a lawyer or a representative to defend him during the investigation and trial stages.” By law authorities may summon any person for investigation and may issue an arrest warrant based on evidence. In practice authorities frequently did not use warrants, and warrants were not required under the law in all cases.
The law requires authorities to file charges within 72 hours of arrest and hold a trial within six months, subject to exceptions specified by amendments to the law of criminal procedure and the counterterrorism law (see section 2.a.). Authorities may not legally detain a person under arrest for more than 24 hours, except pursuant to a written order from a public investigator. Authorities reportedly often failed to observe these legal protections, and there was no requirement to advise suspects of their rights. There were also reports that authorities did not allow legal counsel access to detainees who were under investigation in pretrial detention. Judicial proceedings begin after authorities complete a full investigation, which in some cases took years.
The law of criminal procedure specifies procedures required for extending the detention period of an accused person beyond the initial five days. Authorities may approve official detentions in excess of six months in “exceptional circumstances,” effectively allowing individuals to be held in pretrial detention indefinitely. Authorities may also extend from three months to six months the deadline for the PPO to gather evidence against the accused and issue a warrant for the defendant’s arrest, summons, or detention.
There is a functioning bail system for less serious criminal charges. Detainees generally did not have the right to obtain a lawyer of their choice. The government provided lawyers to defendants who made a formal application to the Ministry of Justice to receive a court-appointed lawyer and prove their inability to pay for their legal representation. The law contains no provision regarding the right to be informed of the protections guaranteed under the law.
Incommunicado detention was a problem. Authorities reportedly did not always respect a detainees’ right to contact family members following detention, and the counterterrorism law allows the investigatory body to hold a defendant for up to 90 days in detention without access to family members or legal counsel (and the SCC may extend such restrictions beyond this period). Security and some other types of prisoners sometimes remained in prolonged solitary detention before family members or associates received information of their whereabouts, particularly for detainees in Mabahith-run facilities.
Arbitrary Arrest: There were reports of arbitrary arrest and detention. During the year authorities detained security suspects, persons who publicly criticized the government, Shia religious leaders, and persons who violated religious standards, without charge.
On January 2, a group of UN human rights experts deplored what they said was “a worrying pattern of widespread and systematic arbitrary arrests and detention” following the arrests of religious figures, writers, journalists, academics, and civic activists, along with members of the banned Saudi Civil and Political Rights Association (ACPRA) since September 2017. The experts denounced the use of the 2014 Counterterrorism Law (as amended in 2017) and other security-related laws against human rights defenders, urging the government to end repression and release those detained for peacefully exercising their rights. In September the SCC opened trials against some of the clerics, academics, and media figures arrested in September 2017. The SCC saw a significant increase in the number of cases and judicial rulings between September 2017 and March 2018, compared with the same period in the previous 12-month period. On April 22, local media reported an increase of 132 percent in the number of cases referred to the SCC and a 182 percent increase in the number of defendants.
Pretrial Detention: Lengthy pretrial detention was a problem.
In August 2017 the PPO found during inspections of prisons and detention centers across the country that more than 2,000 individuals remained in detention without charge or trial since 2014. The attorney general ordered the cases immediately examined, and the majority of detainees were reportedly released on bail. The attorney general also asked the courts to find an appropriate legal remedy for the affected individuals.
Nonetheless, in a May 6 statement, HRW noted that authorities had detained thousands of persons for more than six months, in some cases for more than a decade, without referring them to courts for criminal proceedings, and that the number held for excessively long periods had apparently increased dramatically in recent years.
There was no current information available on the percentage of the prison population in pretrial detention or the average length of time held. Local human rights activists and diplomatic representatives reportedly received regular reports from families claiming authorities held their relatives arbitrarily or without notification of charges.
During the year the SSP stated it had detained numerous individuals for terrorist acts. On May 9, local media reported there were 5,342 detainees in five intelligence prisons across the country, of whom 83 percent were Saudis.
Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Under the law detainees are not entitled to challenge the lawfulness of their detention before a court. In the case of wrongful detention, the law of criminal procedure, as well as provisions of the counterterrorism law, provide for the right to compensation if detainees are found to have been held unlawfully.
Amnesty: The law of criminal procedure stipulates that the king may issue a pardon “on pardonable matters” for public crimes only. The law of criminal procedure also states that a victim’s heirs may grant a pardon for private crimes. The Ministry of Interior publishes the conditions for royal pardons annually, and these generally exclude specific crime categories such as murder or drug smuggling, or those convicted of crimes involving state security. Under the country’s interpretation of sharia, there are three broad categories of offenses: (1) huddud or “boundary” crimes, which are explicitly enumerated in the Quran and whose corresponding punishments are also prescribed; these are considered crimes against God and thus not pardonable; (2) qisas or “legal retribution crimes,” which involve murder or intentional bodily harm and give the victim’s family or legal heirs the private right to legal retribution; the victim’s family or legal heirs may grant a pardon in exchange for financial compensation (diya or “blood money,); and (3) crimes that do not reach the level of huddud or qisas and which are left to the discretion of the state (judge). Ta’zir or “discretionary” punishments are issued for crimes against public rights; this is the most frequently used basis for conviction.
The king continued the tradition of commuting some judicial punishments. Royal pardons sometimes set aside a conviction and sometimes reduced or eliminated corporal punishment. The remaining sentence could be added to a new sentence if the pardoned prisoner committed a crime subsequent to release.
Authorities did not detain some individuals who had received prison sentences. The counterterrorism law allows the PPO to stop proceedings against an individual who cooperates with investigations or helps thwart a planned terrorist attack. The law authorizes the SSP to release individuals already convicted.
The law provides that judges are independent and not subject to any authority other than the provisions of sharia and the laws in force. Nevertheless, the judiciary, PPO, and SSP were not independent entities, as they were required to coordinate their decisions with executive authorities, with the king and crown prince as arbiters. Although public allegations of interference with judicial independence were rare, the judiciary reportedly was subject to influence, particularly in the case of legal decisions rendered by specialized judicial bodies, such as the SCC, which rarely acquitted suspects. Human rights activists reported that SCC judges received implicit instructions to issue harsh sentences against human rights activists, reformers, journalists, and dissidents not engaged in violent activities. Activists also reported that judicial and prosecutorial authorities ignored due process-related complaints, including lack of access by lawyers to their clients at critical stages of the judicial process, particularly during the pretrial/investigation phase.
In the judicial system, there traditionally was no published case law on criminal matters, no uniform criminal code, no presumption of innocence, and no doctrine of stare decisis that binds judges to follow legal precedent. The Justice Ministry is expanding a project first started in 2007 to encapsulate and distribute model judicial decisions to ensure more uniformity of legal application. The law states that defendants should be treated equally in accordance with sharia. The Council of Senior Scholars (CSS), or the ulema, an autonomous advisory body, issues religious opinions (fatwas) that guide how judges interpret sharia.
In the absence of a formalized penal code that details all criminal offenses and punishments, judges in the courts determine many of these penalties through their interpretations of sharia, which varied according to the judge and the circumstances of the case. Because judges have considerable discretion in decision making, rulings and sentences diverged widely from case to case.
Several laws, however, provide sentencing requirements for crimes including terrorism, cybercrimes, trafficking in persons, and domestic abuse. In 2016 the Ministry of Justice issued its first compilation of previous decisions that judges could refer to as a point of reference in making rulings and assigning sentences.
Appeals courts cannot independently reverse lower court judgments; they are limited to affirming judgments or returning them to a lower court for modification. Even when judges did not affirm judgments, appeals judges in some cases remanded the judgment to the judge who originally authored the opinion. This procedure sometimes made it difficult for parties to receive a ruling that differed from the original judgment in cases where judges hesitated to admit error. While judges may base their decisions on any of the four Sunni schools of jurisprudence, all of which are represented in the CSS, the Hanbali school predominates and forms the basis for the country’s law and legal interpretations of sharia. Shia citizens use their legal traditions to adjudicate family law cases between Shia parties, although either party can decide to adjudicate a case in state courts, which apply Sunni legal traditions.
While the law states that court hearings shall be public, courts may be closed at the judge’s discretion. As a result, many trials during the year were closed. Through mid-October foreign diplomatic missions were able to obtain permission to attend some nonconsular court proceedings (cases to which neither the host country nor any of its nationals were a party; diplomatic missions are generally allowed to attend consular proceedings of their own nationals). To attend, authorities required diplomats to obtain advance written approval from the Ministry of Foreign Affairs. In October, however, the Ministry of Foreign Affairs suspended diplomatic access to court proceedings. Authorities sometimes did not permit entry to such trials to individuals other than diplomats who were not the legal agents or family members of the accused. SCC officials sometimes banned female relatives or diplomats from attending due to the absence of women officers to conduct security inspections of the women upon entry to the courtroom. According to the Ministry of Justice, authorities may close a trial depending on the sensitivity of the case to national security, the reputation of the defendant, or the safety of witnesses. Representatives of the HRC sometimes attended trials at the SCC.
Amendments to the law of criminal procedure in 2013 strengthened provisions stating that authorities will offer defendants a lawyer at government expense. In August 2017 the Ministry of Justice stated that defendants “enjoy all judicial guarantees they are entitled to, including the right to seek the assistance of lawyers of their choosing to defend them, while the ministry pays the lawyer’s fees when the accused is not able to settle them.” Activists, however, reported the process for applying for a court-appointed lawyer was difficult and cumbersome. Many said they were not able or allowed to retain an attorney or consult with their attorneys during critical stages of the investigatory and trial proceedings. Detained human rights activists often did not trust the courts to appoint lawyers for them due to concerns of lawyer bias.
The law provides defendants the right to be present at trial and to consult with an attorney during the trial. The counterterrorism law, however, authorizes the attorney general to limit the right of defendants accused of terrorism to access legal representation while under investigation “whenever the interests of the investigation so require.” There is no right to discovery, nor can defendants view their own file or the minutes from their interrogation. Defendants have the right to call and cross-examine witnesses under the law; however, activists reported SCC judges could decide to restrict this right in “the interests of the case.” The law provides that a PPO-appointed investigator questions the witnesses called by the defendant during the investigation phase before the initiation of a trial. The investigator may also hear testimony of additional witnesses he deems necessary to determine the facts. Authorities may not subject a defendant to any coercive measures or compel the taking of an oath. The court must inform convicted persons of their right to appeal rulings.
The law does not provide for a right against self-incrimination.
The law does not provide free interpretation services, although services were often provided in practice. The law of criminal procedure provides that “the court should seek the assistance of interpreters,” but it does not obligate the court to do so from the moment the defendant is charged, nor does the law specify that the state will bear the costs of such services.
While sharia as interpreted by the government applies to all citizens and noncitizens, the law in practice discriminates against women, noncitizens, nonpracticing Sunni, Shia, and persons of other religions. Although exceptions exist, a woman’s testimony before a court counts as only half that of a man’s. Judges may discount the testimony of nonpracticing Sunni Muslims, Shia Muslims, or persons of other religions; sources reported judges sometimes completely disregarded or refused to hear testimony by Shia.
POLITICAL PRISONERS AND DETAINEES
The government maintained there were no political prisoners, including detainees who reportedly remained in prolonged detention without charge, while local activists and human rights organizations claimed there were “hundreds” or “thousands.” Credible reporting by advocacy groups and press suggested that authorities detained persons for peaceful activism or political opposition, including nonviolent religious figures, imams deemed to have strayed from the official religious line, Shia activists, women’s rights defenders, other activists, and bloggers who the government claimed posted offensive or antigovernment comments on websites.
In many cases it was impossible to determine the legal basis for incarceration and whether the detention complied with international norms and standards. Those who remained imprisoned after trial, including persons who were political activists openly critical of the government, were often convicted of terrorism-related crimes. During the year the SCC tried political and human rights activists for nonviolent actions unrelated to terrorism, violence, or espionage against the state.
International NGOs, the United Nations, and others criticized the government for abusing its antiterrorism prerogatives to detain or arrest some dissidents or critics of the government or royal family on security-related grounds who had not espoused or committed violence. Authorities restricted attorneys’ access to all detainees, and no international humanitarian organizations had access to them.
On May 25, authorities arrested ACPRA founding member Mohammed al-Bajadi, along with almost a dozen women rights defenders, some of whom were later released. Al-Bajadi was previously released from prison in 2016 after serving a four-year prison sentence on charges stemming from his work with ACPRA. Among other rights defenders arrested in May was lawyer Ibrahim al-Mudaimeegh, who previously represented activists including Waleed Abu al-Khair and Lujain al-Hathloul. Al-Mudaimeegh was reportedly released on December 21.
At least 120 persons remained in detention for activism, criticism of government leaders, impugning Islam or religious leaders, or “offensive” internet postings, including prominent activists such as Aziza al-Yousef, Eman al-Nafjan, Hatoon al-Fassi, Raif Badawi, Mohammed al-Qahtani, Loujain al-Hathloul, and Samar Badawi, and clerics including former Grand Mosque Imam Salih al-Talib, Sahwa movement figures Safar al-Hawali, Nasser al-Omar, and others.
CIVIL JUDICIAL PROCEDURES AND REMEDIES
Complainants claiming human rights violations generally sought assistance from the HRC or the NSHR, which either advocated on their behalf or provided courts with opinions on their cases. The HRC generally responded to complaints and could refer cases to the PPO; domestic violence cases were the most common. Individuals or organizations may petition directly for damages or government action to end human rights violations before the Board of Grievances, except in compensation cases related to state security, where the SCC handles remediation. The counterterrorism law contains a provision allowing detainees in Mabahith-run prisons to request financial compensation from the Ministry of Interior/SSP for wrongful detention beyond their prison terms. In some cases the government did not carry out judicially ordered compensation for unlawful detentions in a timely manner.
In August 2017 the Ministry of Justice issued a press release stating that “…the accused enjoy all judicial guarantees they are entitled to, including the right to seek the assistance of lawyers of their choosing to defend them, while the Ministry [of Justice] pays the lawyer’s fees when the accused is not able to settle them.” Security detainees held in accordance with the 2017 Counterterrorism Law are entitled “to seek the assistance of a lawyer or legal agent,” but the Public Prosecutor may restrict this right during the investigation “whenever the interests of the investigation so require.” The United Nations and international NGOs reported security detainees were denied access to legal counsel during pretrial detention during the year.
The law prohibits unlawful intrusions into the privacy of persons, their homes, places of work, and vehicles. Criminal investigation officers are required to maintain records of all searches conducted; these records should contain the name of the officer conducting the search, the text of the search warrant (or an explanation of the urgency that necessitated the search without a warrant), and the names and signatures of the persons who were present at the time of search. While the law also provides for the privacy of all mail, telegrams, telephone conversations, and other means of communication, the government did not respect the privacy of correspondence or communications and used the considerable latitude provided by law to monitor activities legally and intervene where it deemed necessary.
There were reports from human rights activists of governmental monitoring or blocking of mobile telephone or internet usage. The government strictly monitored politically related activities and took punitive actions, including arrest and detention, against persons engaged in certain political activities, such as calling for a constitutional monarchy, publicly criticizing senior members of the royal family by name, forming a political party, or organizing a demonstration (see section 2.a.). Customs officials reportedly routinely opened mail and shipments to search for contraband. In some areas Ministry of Interior/SSP informants allegedly reported “seditious ideas,” “antigovernment activity,” or “behavior contrary to Islam” in their neighborhoods.
The 2017 Counterterrorism Law allows the Ministry of Interior/SSP to access a terrorism suspect’s private communications as well as banking information in a manner inconsistent with the legal protections provided by the law of criminal procedure.
The CPVPV monitored and regulated public interaction between members of the opposite sex, though in practice CPVPV authorities were greatly curtailed and mixed-gender events this year.
In 2015 Saudi officials announced the formation of a coalition to counter the 2014 attempted overthrow of the Yemeni government by militias of the Ansar Allah movement (also known colloquially as “Houthis”) and forces loyal to former Yemeni president Ali Abdullah Saleh. Membership in the coalition included the United Arab Emirates, Bahrain, Egypt, Jordan, Kuwait, Morocco, Somalia, Sudan, and Senegal. The Saudi-led coalition continued conducting air and ground operations in Yemen, actions initiated in 2015.
Killings: The United Nations, NGOs, media, and humanitarian and other international organizations reported what they characterized as disproportionate use of force by all parties to the conflict in Yemen, including the Saudi-led coalition and Houthi rebels. The UN High Commissioner for Human Rights stated that between March 26, 2015, and August 9, 2018, an estimated 6,592 civilians had been killed, including more than 1,200 children, and 10,470 injured as result of the war in Yemen.
Saudi-led coalition airstrikes reportedly resulted in civilian casualties and damage to infrastructure on multiple occasions. According to NGO and press reports, two coalition airstrikes on August 9 and August 23 led to more than 70 civilian deaths, many of whom were children.
The government established the Joint Incidents Assessment Team (JIAT) in 2016 to identify lessons and corrective actions and to implement national accountability mechanisms, as appropriate. The Riyadh-based group consisted of military and civilian members from coalition member states who investigated allegations of civilian casualties as well as claims by international organizations that humanitarian aid convoys and infrastructure were targeted by the coalition.
On September 1, JIAT spokesperson Mansour Ahmed al-Mansour stated the August 9 attack on Dahyan market in Saada was “unjustified.” JIAT findings admitted “mistakes” were made and recommended individuals be held accountable; however, no official actions against those individuals were known to have occurred. The JIAT publicly announced the results of numerous investigations during the year, largely absolving the coalition of responsibility in civilian deaths in the incidents reviewed.
On July 10, King Salman issued a royal pardon for all Saudi soldiers deployed in Yemen, lifting any “military and disciplinary” penalties for “military men” taking part in “Operation Restoring Hope.” This pardon does not apply, however, to crimes against international humanitarian law, according to coalition spokesperson Turki al-Malki.
Other Conflict-related Abuse: Yemeni rebels conducted cross-border attacks into Saudi Arabia, including launching more than 66,000 projectiles into Saudi territory since 2015, which reportedly destroyed hospitals, schools, homes, and other infrastructure and killed at least eight Saudis. In November 2017 Houthi militias launched ballistic missiles from Yemen that reached Riyadh. In its initial response, the Saudi-led coalition blocked all imports, including humanitarian aid, at all Yemeni air and seaports and land border crossings. On November 25, 2017, the coalition began opening some ports and all land border crossings to allow access to aid supplies. In December 2017 the coalition announced it would allow the entry of ships carrying humanitarian and commercial cargo, including food and fuel vessels, to the key rebel-held port of Hudaydah. Subsequently, the coalition sought to minimize disruptions of humanitarian assistance delivery through improved coordination with donor organizations via its Evacuation and Humanitarian Operations Committee. Commercial imports, however, had not improved to preblockade levels as of year’s end, due to low shipper confidence about the ports remaining open and insecurity in the area. In addition, Sana’a International Airport remained closed throughout the year to commercial traffic.
For additional details, including additional information on the Saudi-led coalition’s operations in Yemen, see the Department of State’s Country Reports on Human Rights for Yemen.
Section 1. Respect for the Integrity of the Person, Including Freedom from:
There were credible allegations that the government contributed to civilian deaths in connection with its fight against the terrorist PKK organization in the southeast, although at a markedly reduced level compared with previous years (see section 1.g.).
According to the Human Rights Foundation of Turkey (HRFT), in the first 11 months of the year, 33 civilians, 185 security force members, and 311 PKK militants were killed in eastern and southeastern provinces in PKK-related clashes. According to the Ministry of Interior, as of October 30, security forces had killed 1,451 PKK members. Human rights groups stated the government took insufficient measures to protect civilian lives in its fight with the PKK in the southeast.
The PKK continued its nationwide campaign of attacks on government security forces and, in some cases, civilians. On March 19, for example, PKK terrorists killed a villager and injured four others in Bitlis Province. On July 31, the wife and infant son of a Turkish soldier were killed in a roadside improvised explosive device (IED) attack in Hakkari Province. On October 4, eight Turkish soldiers were killed in an IED attack that represented the largest single loss of life in one PKK attack in at least two years.
During the year the government maintained tight control of its border with Syria, with the stated objective of restricting the entry of ISIS terrorists moving through the country. The government restricted humanitarian access to only those with urgent humanitarian needs, including medical cases.
There were reports Turkish border guards shot at Syrians and asylum-seekers of other nationalities attempting to cross the border, resulting in civilian killings or injuries. Turkish government statistics indicate that authorities apprehended 20-30,000 irregular migrants each month during the year. The Armed Conflict Location and Event Data Project, although not on the ground, recorded more than 190 alleged fatalities from January 2017 to June.
There were credible reports that children were among those killed. For example, on March 22, Human Rights Watch (HRW) reported descriptions by nine Syrians of 10 incidents between September 2017 and early March in which Turkish border guards shot at them or others ahead of them as they tried to enter Turkey, killing 14 persons, including five children.
In January Turkish Armed Forces launched Operation Olive Branch in Syria’s Afrin district. International observers, including the United Nations, Amnesty International, and HRW, though not on the ground reported that the Turkish Armed Forces and Turkey-supported armed opposition groups caused civilian casualties and destroyed hospitals and protected sites, such as cultural monuments, during the conduct of the operation. The organizations also reported that Turkish forces may have failed to take necessary precautions in some cases to protect civilians from harm during the early days of the operation. Anecdotal evidence suggested Turkish forces later sought to protect the rights of civilians in areas of Syria under Turkish military control. The government stated that its conduct in the Afrin operation was consistent with international law and that the military took care to avoid civilian casualties throughout the operation. The government’s restrictions on humanitarian assistance and NGO access to Afrin since its seizure of the district early in the year resulted in limited information that would allow for confirmation of government claims.
Within Turkey’s borders, human rights groups documented several suspicious deaths of detainees in official custody, although overall numbers varied. HRFT reported 11 suspicious deaths in prison.
Following the October 2 disappearance of Saudi Arabian journalist Jamal Khashoggi after entering the Consulate General of the Kingdom of Saudi Arabia in Istanbul, the government of Turkey launched an investigation to determine his whereabouts and ultimately the circumstances and cause of his death. On October 19, after Turkish officials alleged a 15-member team of Saudi nationals killed Khashoggi at the consulate, Saudi government officials confirmed Khashoggi’s October 2 murder. On October 23, President Erdogan stated Khashoggi had been murdered in a planned operation and called for the extradition of 18 Saudi nationals considered by the kingdom as potential suspects in the killing (see the Country Reports on Human Rights for Saudi Arabia).
There continued to be some unconfirmed reports of disappearances during the year, some of which human rights groups alleged were politically motivated. Human rights groups claimed 28 individuals disappeared or were the victims of politically motivated kidnapping attempts. For example, Umit Horzum disappeared in December 2017. In April, 133 days after his disappearance, unknown individuals delivered him to police. Following 11 days in police custody, the court released him on April 27.
The government engaged in a worldwide effort to apprehend suspected members of “FETO”, a term the government applied to the followers of Fethullah Gulen also known as members of the Gulen movement. In July Foreign Minister Mevlut Cavusoglu confirmed that the National Intelligence Organization (MIT) had facilitated the return of more than 100 alleged “FETO” members from 18 countries. In some cases, cooperative governments deported wanted individuals without due process. For example, Turan and Meydan Television reported two Turkish citizens were transferred from Azerbaijan to Turkey without due process in February. Kyivpost.com reported July 16 that on July 12 and 15, MIT brought back from Ukraine two alleged “FETO” members and that a Turkish government official thanked Ukraine’s security services for their assistance. In cooperation with Kosovo authorities, MIT brought six suspects from Kosovo to Turkey in late March.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The constitution and law prohibit torture and other cruel, inhuman, or degrading treatment, but there were reports that some government forces employed these tactics. On February 27, UN special rapporteur on torture, Nils Melzer, expressed serious concerns about the rising allegations of torture and other mistreatment in Turkish police custody. Melzer said he was alarmed by allegations that large numbers of individuals suspected of links to the Gulen movement or PKK were exposed to brutal interrogation techniques aimed at extracting forced confessions or coercing detainees to incriminate others. Reported abuse included severe beatings, electrical shocks, exposure to icy water, sleep deprivation, threats, insults, and sexual assault. The special rapporteur said authorities appeared not to have taken any serious measures to investigate these allegations or to hold perpetrators accountable.
Human rights groups reported in December that torture and mistreatment in police custody occurred at reduced levels compared with 2017, although they contended that victim intimidation may account for reduced reporting. Reports indicated that police also abused detainees outside police station premises. The HRFT reported that, during the first 11 months of the year, it received 538 complaints related to abuse while in custody, 280 of which alleged torture or inhumane treatment. The HRFT also reported intimidation and shaming of detainees by police were common and that victims hesitated to report abuse due to fear of reprisal. Separately, the Human Rights Association reported that, in the first 11 months of the year, it received 2,719 complaints of abuse by security forces, including 284 complaints related to abuse while in detention facilities, 175 complaints of abuse outside detention facilities, and 2,260 complaints of abuse during demonstrations. The government has not released information on whether it undertook investigations into allegations of mistreatment in prison or detention centers during the year.
The government asserted that it followed a “zero tolerance” policy for torture. HRW maintained, however, that it was “not aware of any serious measures that have been taken to investigate credible allegations of torture.” In its World Report 2018, HRW stated: “Cases of torture and ill-treatment in police custody were widely reported through 2017, especially by individuals detained under the antiterror law, marking a reverse in long-standing progress, despite the government’s stated zero tolerance for torture policy. There were widespread reports of police beating detainees, subjecting them to prolonged stress positions and threats of rape, threats to lawyers, and interference with medical examinations.” According to 2017 Ministry of Justice statistics, the government opened 84 criminal cases related to allegations of torture. The government has not released data on its investigations into alleged torture.
The Civil Society Association in the Penal System (CISST) reported complaints of physical violence by prison staff and noted complaints from prisoners in Tarsus and Elazig prisons, who reported inhumane treatment and psychological abuse.
A June report by the Diyarbakir, Van, and Hakkari Bar Associations alleged Turkish soldiers tortured four shepherds in Korgan village, Hakkari Province on May 31. The report asserted that shepherd Nasir Tas suffered severe injuries after soldiers allegedly repeatedly held his head under water.
According to press reports, on June 8, in Istanbul, police detained and beat 22 high school students while they were handcuffed in a police van.
According to media reports, some military conscripts endured severe hazing, physical abuse, and torture that sometimes resulted in suicide. In May soldiers severely beat a Kurdish-speaking soldier in Van province for speaking Kurdish. Fethi Aydemir suffered serious injury to the skull and internal organ damage as a result. In a separate incident in Gaziantep, a soldier was attacked by fellow soldiers for having a photograph of Selahattin Demirtas, jailed former leader of the pro-Kurdish Peoples’ Democratic Party (HDP), on his smartphone.
Prison and Detention Center Conditions
Prison facilities in general met international standards for physical conditions in many respects, with certain exceptions. Overcrowding (particularly following the mass detentions after the 2016 coup attempt) and lack of access to adequate health care remained problems.
Physical Conditions: As of November the HRA estimated a total prison inmate population of 260,144 in government-operated detention facilities with a capacity of 211,766 inmates. Prison overcrowding remained a significant problem.
Children were housed in separate prison facilities, where available; otherwise, children were held in separate sections within separate male and female adult prisons. Pretrial detainees were held in the same facilities with convicted prisoners.
The government has not released data on inmate deaths due to physical conditions or actions of staff members.
Human rights organizations asserted that prisoners frequently lacked adequate access to potable water, proper heating, ventilation, and lighting.
Although authorities asserted that doctors were assigned to each prison, a Ministry of Justice Prison and Correctional Facilities official reported to parliament in February that there were 271 doctors, of whom only eight were full-time, serving a prison population of 235,888. Human rights associations expressed serious concern regarding the inadequate provision of health care to prisoners, particularly the insufficient number of prison doctors. The opposition HDP reported in August that there were 1,154 sick prisoners in the country’s prisons; more than 400 of them were in serious condition.
Human rights groups and media reported that, on April 28, prisoner Halime Gulsu died in a Mersin Province prison because she was unable to receive treatment for lupus.
Credible reports suggested that some doctors would not sign their names to medical reports alleging torture due to fear of reprisal, meaning victims were often unable to get medical documentation that would help prove their claims. According to one reported incident in January, an Istanbul University student, Berkay Ustabas, along with two other prisoners were stripped naked by Kirikkale prison authorities and subjected to a “welcome beating” with kicks, punches, and truncheons. According to Ustabas’ lawyer, the prison doctor refused to document the physical signs of abuse.
Chief prosecutors have discretion, particularly under the wide-ranging counterterrorism law, to keep prisoners whom they deem dangerous to public security in pretrial detention, regardless of medical reports documenting serious illness.
Administration: At times authorities investigated credible allegations of abuse and inhumane or degrading conditions, but generally did not document the results of such investigations in a publicly accessible manner or take action to hold perpetrators accountable. The government did not release data on investigations (both criminal and administrative) of alleged prison violence or mistreatment.
Independent Monitoring: The government allowed prison visits by some observers, including parliamentarians. There were no visits by an international body to the country’s prisons during the year. The Council of Europe’s Committee for the Prevention of Torture (CPT) visited the country in May 2017 and interviewed a large number of prisoners at various sites. As of year’s end, the government had not approved the public release of the CPT report and findings.
The government did not allow NGOs to monitor prisons. The Civil Society Association in the Penal System (CISST) published a report on prison conditions in June, based on information provided by parliamentarians, correspondence with inmates, lawyers, inmates’ family members, and press reports.
The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of arrest or detention in court, but numerous credible reports indicated the government generally did not observe these requirements. The Ministry of Justice reported in September that since July 15, 2016, more than 600,000 persons had been subjected to some type of “criminal procedure” (e.g., questioning, investigation, detention, arrest, judicial control, or a ban on travel). According to media reports, more than 80,000 persons had been detained or arrested under the state of emergency and following its expiration. The Ministry of Justice also reported that, between July 2016 and July 2018, “investigations have been opened into 612,347 persons alleged to be founders, executives, or members of armed organizations.” A majority of these were reportedly detained for alleged ties to the Gulen movement or the PKK, often with little due process or access to the evidence underlying the accusations against them (see section 2.a.).
The courts in some cases applied the law unevenly. For example, an Ankara court acknowledged the parliamentary immunity of HDP parliamentarian Kemal Bulbul and suspended his trial while a different court refused to accept the parliamentary immunity of Republican People’s Party (CHP) parliamentarian Enis Berberoglu and upheld his conviction, although execution of the sentence was suspended pending the completion of his parliamentary tenure in 2023.
Under antiterror legislation adopted by parliament on July 26, the government may detain without charge (or appearance before a judge) a suspect for 48 hours for “individual” offenses and 96 hours for “collective” offenses (see Arrest Procedures and Treatment of Detainees, below).
ROLE OF THE POLICE AND SECURITY APPARATUS
The National Police, under the control of the Ministry of Interior, are responsible for security in large urban areas. The Jandarma, a paramilitary force also under Interior Ministry control, is responsible for rural areas and specific border sectors where smuggling is common, although the military has overall responsibility for border control and overall external security. There were reports that Turkish border guards shot and killed Syrians fleeing the civil war seeking to enter the country (see section 1.a.). The Jandarma supervised the “security guards” (formerly known as “village guards”), a civilian militia that provide additional local security in the southeast, largely in response to the terrorist threat from the PKK. The MIT reports to the presidency and is responsible for collecting intelligence on existing and potential threats.
Civilian authorities maintained effective control over the National Police, the Jandarma, the military, and the MIT, but government mechanisms to investigate and punish alleged abuse and corruption by state security officials remained inadequate, and impunity remained a problem. MIT members are immune from prosecution. The law grants other security officials involved in fighting terror immunity from prosecution and makes it harder for prosecutors to investigate human rights abuses by requiring that they obtain permission from both military and civilian leadership prior to pursuing prosecution.
The law authorizes the Ombudsman Institution, the National Human Rights and Equality Institution (NHREI), prosecutors’ offices, criminal courts, and parliament’s Human Rights Commission (HRC) to investigate reports of security force killings, torture, or mistreatment, excessive use of force, and other abuses. Civil courts, however, remained the main recourse to prevent impunity. National and international human rights organizations reported credible evidence of torture and inhumane treatment, asserting that authorities took insufficient action against abuses, particularly of detainees in custody. The government has not released information on its efforts to address abuse through disciplinary action and training. Officials sometimes countersued or intimidated individuals who alleged abuse.
ARREST PROCEDURES AND TREATMENT OF DETAINEES
The law requires that prosecutors issue warrants for arrests, unless the suspect is detained while committing a crime. The period for arraignment may be extended for up to four days. Formal arrest is a measure, separate from detention that means a suspect is to be held in jail until and unless released by a subsequent court order. For crimes that carry potential prison sentences of fewer than three years’ imprisonment, a judge may release the accused after arraignment upon receipt of an appropriate assurance, such as bail. For more serious crimes, the judge may either release the defendant on his or her own recognizance or hold the defendant in custody (arrest) prior to trial if there are specific facts indicating that the suspect may flee, attempt to destroy evidence, or attempt to pressure or tamper with witnesses or victims. Judges often kept suspects in detention without articulating a clear justification for doing so.
While the law generally provides detainees the right to immediate access to an attorney at any time, it allows prosecutors to deny such access for up to 24 hours. In criminal cases the law also requires that the government provide indigent detainees with a public attorney if they request one. In cases where the potential prison sentence for conviction is more than five years’ imprisonment or where the defendant is a child or a person with disabilities, a defense attorney is appointed, even absent a request from the defendant. Human rights observers noted that in most cases, authorities provided an attorney if a defendant could not afford one.
Under antiterror legislation adopted by parliament on July 26, the government may detain without charge (or appearance before a judge) a suspect for 48 hours for “individual” offenses and 96 hours for “collective” offenses. These periods may be extended twice with the approval of a judge, amounting to six days for “individual” and 12 days for “collective” offenses. Under the previous state of emergency law, authorities could detain persons without charge for up to 14 days. Human rights organizations raised concerns that police authority to hold individuals for up to 12 days without charge increased the risk of torture. There were numerous accounts of persons, including foreign citizens, waiting beyond 12 days to be formally charged. For example, prominent civil society leader Osman Kavala remained in pretrial detention without an indictment since November 2017 (see section 5).
The law gives prosecutors the right to suspend lawyer-client privilege and to observe and record conversations between accused persons and their legal counsel. Bar associations reported that detainees occasionally had difficulty gaining immediate access to lawyers, both because government decrees restricted lawyers’ access to detainees and prisons–especially those not provided by the state–and because many lawyers were reluctant to defend individuals the government accused of ties to the 2016 coup attempt. The Human Rights Joint Platform (HRJP) reported that the renewed 24-hour attorney access restriction was arbitrarily applied. The HRA reported that in terrorism-related cases, authorities often did not inform defense attorneys of the details of detentions within the first 24 hours, as stipulated by law. It also reported that attorneys’ access to the case files for their clients was limited for weeks or months pending preparations of indictments, hampering their ability to defend their clients.
Private attorneys and human rights monitors reported irregular implementation of laws protecting the right to a fair trial, particularly with respect to attorney access. Prior to the 2016 coup attempt, human rights groups alleged that authorities frequently denied detainees access to an attorney in terrorism-related cases until security forces had interrogated their clients.
Some lawyers stated they were hesitant to take cases, particularly those of suspects accused of PKK or Gulen movement ties, because of fear of government reprisal, including prosecution. Government intimidation of defense lawyers also at times involved nonterror cases. According to the Freedom House 2018 Freedom in the World report, “In many cases, lawyers defending those accused of terrorism offenses were arrested themselves.” The HRA reported in July on 78 cases in which authorities pressured or intimidated lawyers. According to an April statement by the Council of Bars and Law Societies of Europe, since 2016, authorities prosecuted 1,539 lawyers, arrested 580, and sentenced 103 to lengthy prison terms.
Arbitrary Arrest: Although the law prohibits holding a suspect arbitrarily or secretly, there were numerous reports that the government did not observe these prohibitions. Human rights groups alleged that in areas under curfew or in “special security zones,” security forces detained citizens without official record, leaving detainees at greater risk of arbitrary abuse. In March a report by the Office of UN Commissioner for Human Rights (OHCHR) covering the year 2017 stated that OHCHR had gathered credible information that a number of police officers who refused to participate in arbitrary arrests, torture, and other repressive acts under the state of emergency were dismissed or arrested on charges of supporting terrorism.
Pretrial Detention: An August 2017 state of emergency decree increased from five to seven years the maximum time that a detainee could be held pending trial, including for crimes against the security of the state, national defense, constitutional order, state secrets and espionage, organized crime, and terrorism-related offenses. The length of pretrial detention generally did not exceed the maximum sentence for the alleged crimes. For other major criminal offenses tried by high criminal courts, the maximum detention period remained two years with the possibility of three one-year extensions, for a total of five years. HRW reported in July that people continued to be arrested and remanded to pretrial custody on terrorism charges, with at least 50,000 remanded to pretrial detention since the failed coup attempt. Amnesty International’s 2017/2018 publication The State of the World’s Human Rights reported “arbitrary, lengthy and punitive pretrial detention and fair trial violations continued routinely” in 2017 and 2018.
The trial system does not provide for a speedy trial, and trial hearings were often months apart, despite provisions in the Code of Criminal Procedure for continuous trial. It sometimes took years after indictment before trials began, and appeals could take years more to reach conclusion.
Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Detainees’ lawyers may appeal pretrial detention, although the state of emergency and subsequent antiterror legislation imposed limits on their ability to do so. The country’s judicial process allows a system of lateral appeals to Criminal Courts of Peace that substitutes appeal to a higher court with appeal to a lateral court. Lawyers criticized the approach, which rendered ambiguous the authority of conflicting rulings by horizontally equal courts.
Detainees awaiting or undergoing trial prior to the state of emergency had the right to a review in-person with a lawyer before a judge every 30 days to determine if they should be released pending trial. The state of emergency suspended the requirement for in-person reviews. Under a new law passed on July 26, in-person review occurs once every 90 days with the 30-day reviews replaced by a judge’s evaluation of the case file only. Observers noted that this element of the law was contrary to the principle of habeas corpus and increased the risk of abuse, since the detainee would not be seen by a judge on a periodic basis.
In cases of alleged human rights violations, detainees have the right to apply directly to the Constitutional Court for redress while their criminal case is proceeding. Nevertheless, a backlog of cases at the Constitutional Court slowed proceedings, preventing expeditious redress.
The Office of the UN High Commissioner for Refugees (UNHCR) noted that detention center conditions varied and were often challenging due to limited physical capacity and increased referrals. Refugee-focused human rights groups alleged that authorities prevented migrants placed in detention and return centers from communicating with the outside world, including their family members and lawyers, creating the potential for refoulement as migrants accept repatriation to avoid indefinite detention.
The law provides for an independent judiciary, but there were indications the judiciary remained subject to influence, particularly from the executive branch.
The executive branch also exerts strong influence over the Board of Judges and Prosecutors (HSK), the judicial body that assigns and reassigns judges and prosecutors to the country’s courts nationwide, and is responsible for their discipline.
Although the constitution provides tenure for judges, the HSK controls the careers of judges and prosecutors through appointments, transfers, promotions, expulsions, and reprimands. Broad leeway granted to prosecutors and judges challenges the requirement to remain impartial, and judges’ inclination to give precedence to the state’s interests contributed to inconsistent application of criminal laws. Bar associations, lawyers, and scholars expressed concern regarding application procedures for prosecutors and judges described as highly subjective, which they warned opened the door to political litmus tests in the hiring process.
The judiciary faced a number of challenges that limited judicial independence, including the suspension, detention, or firing of judicial staff accused of affiliation with the Gulen movement.
The government also targeted some defense attorneys representing a number of high-profile clients. For example, a judge ordered the arrest of defense attorney Omer Kavili, who was representing the band Grup Yorum, at an October 5 hearing of the case at Istanbul’s Silivri Criminal Court. At his trial, the judge argued that Kavili was not performing the profession of defense, but was instead portraying his client and himself as victims and seeking vindication through “reverse psychology.” Kavili was released on October 6 following public outcry by opposition parties and bar associations.
The country has an inquisitorial criminal justice system. The system for educating and assigning judges and prosecutors created close connections between the two groups wherein prosecutors and judges studied together at the country’s Justice Academy before HSK assigned them to their first official posts. After appointment, they often lodged together, shared the same office space, worked in the same courtroom for many years, and even exchanged positions during their careers. A July 9 state of emergency decree changing this practice and creating separate training centers for judges and prosecutors had not been implemented as of year’s end.
Constitutional changes approved by referendum in 2017 abolished the country’s military courts, reserving military justice for disciplinary cases only.
The constitution provides for the right to a fair public trial, although bar associations and rights groups asserted that increasing executive interference with the judiciary and actions taken by the government through state of emergency provisions jeopardized this right.
As written, the law provides defendants a presumption of innocence and the right to be present at their trial, although in a number of high-profile cases, defendants increasingly appeared via video link from prison, rather than in person. Judges may restrict defense lawyers’ access to their clients’ court files for a specific catalogue of crimes (including crimes against state security, organized crime, and sexual assault against children) until the client is indicted.
A single judge or a panel of judges decides all cases. Courtroom proceedings were generally public except for cases involving minors as defendants. The state increasingly used a clause allowing closed courtrooms for hearings and trials related to security matters, such as those related to “crimes against the state.” Court files, which contain indictments, case summaries, judgments, and other court pleadings, were closed except to the parties to a case, making it difficult for the public, including journalists and watchdog groups, to obtain information on the progress or results of a case. In some politically sensitive cases, judges restricted access to Turkish lawyers only, limiting the ability of domestic or international groups to observe some trials.
Defendants have the right to be present at trial and to consult an attorney in a timely manner. Observers and human rights groups noted that in some high-profile cases, these rights were not afforded to defendants.
Defendants have the right to legal representation in criminal cases and, if indigent, to have representation provided at public expense. Defendants or their attorneys could question witnesses for the prosecution, although questions must usually be presented to the judges, who are expected to ask the questions on behalf of counsel. Defendants or their attorneys could, within limits, present witnesses and evidence on their own behalf. Secret witnesses were frequently used, particularly in cases related to national security. Defendants have the right not to testify or confess guilt and the right to appeal. The law provides for court-provided language interpretation when needed. Human rights groups alleged interpretation was not always provided free of charge, leaving some poor, non-Turkish-speaking defendants disadvantaged by the need to pay for interpretation.
Observers noted the government often failed to establish evidence to sustain indictments and convictions in cases related to supporting terrorism, highlighting growing concerns regarding respect for due process and adherence to credible evidentiary thresholds. In numerous cases, authorities used secret evidence to which defense attorneys and the accused had no access.
In February a Turkish court sentenced U.S. citizen and Turkish dual national Serkan Golge to seven-and-a-half years in prison for membership in a terrorist organization (“FETO”). In September an appeals court reduced the charges to support of a terrorist organization and reduced the sentence to five years’ imprisonment. Authorities arrested Golge in 2016 based on specious evidence including witness testimony that was later recanted. He remained in prison at year’s end while his conviction was under appeal.
In 2016 authorities arrested U.S. citizen Pastor Andrew Brunson on charges of membership in an armed “terrorist” group, espionage, and attempts to overthrow the state. The indictment, issued after 17 months of pretrial detention, referenced “Christianization” activities related to his alleged crimes. On October 12, the Izmir court convicted Pastor Brunson and sentenced him to three years, one month, and 15 days. The court suspended his sentence for time served and lifted his travel ban, thereby allowing him to leave the country.
POLITICAL PRISONERS AND DETAINEES
The number of political prisoners remained a subject of debate at year’s end. In November the Interior Ministry reported that the government had detained 217,971 persons in connection with the 2016 coup attempt. Of those, the courts had convicted 16,684, and another 14,750 were in prison awaiting trial. An exact breakdown of numbers of alleged members or supporters of the PKK, ISIS, and “FETO” was not available at year’s end, though in public remarks on December 11, Vice President Fuat Oktay stated that 47,778 individuals remained detained as “FETO” suspects. Some observers considered many of these individuals political prisoners, a charge sharply disputed by the government.
Prosecutors used a broad definition of terrorism and threats to national security, and in some cases, according to defense lawyers and opposition groups, used what appeared to be legally questionable evidence to file criminal charges against and prosecute a broad range of individuals, including journalists, opposition politicians (primarily of the pro-Kurdish HDP), activists, and others critical of the government. At year’s end, 10 current and former HDP parliamentarians and 46 HDP co-mayors remained imprisoned. Hundreds more HDP officials were also detained throughout the country along with former HDP co-chair and presidential candidate Selahattin Demirtas, who has been imprisoned since 2016. The government also removed from office on national security grounds numerous locally elected opposition politicians in Kurdish-majority areas, subsequently detaining or prosecuting some. According to media reports, the government removed the elected mayors of 99 municipalities from office. These included 94 pro-Kurdish Democratic Regions Party (DBP) or HDP mayors, four Justice and Development Party (AKP) mayors, and one National Movement party (MHP) mayor. The government removed, detained, or arrested the majority for allegedly supporting PKK terrorism. According to January Ministry of Interior statistics, out of 102 HDP or DBP-controlled municipalities, the government had installed trustees in all but four.
Authorities used antiterror laws broadly against many human rights activists, media outlets, suspected PKK sympathizers, and alleged Gulen movement members, among others. Human rights groups alleged that many detainees had no substantial link to terrorism and were detained to silence critical voices or weaken political opposition to the ruling AKP, particularly the HDP or its partner party, the DBP. Authorities used both antiterror laws and state of emergency powers to detain individuals and seize assets, including those of media companies, charities, businesses, pro-Kurdish groups accused of supporting the PKK, and individuals alleged to be associated with the Gulen movement. During the first quarter of the year, the government targeted nearly 1,000 critics of Operation Olive Branch, the country’s military operation in northern Syria, with detention and prosecution.
Students, artists, and association members, including 11 senior members of the Turkish Medical Association, faced criminal investigations for alleged terror-related activities, primarily due to their social media posts. The government did not consider those in custody for alleged PKK or “FETO” ties to be political prisoners and did not permit access to them by human rights or humanitarian organizations.
Credible reports claimed that some persons jailed on terrorism-related charges were subject to a variety of abuses, including long solitary confinement, severe limitations on outdoor exercise and out-of-cell activity, inability to engage in professional work, denial of access to the library and media, slow medical attention, and in some cases the denial of medical treatment. Media reports also alleged that visitors to prisoners accused of terrorism-related crimes faced abuse, including limited access to family, strip searches, and degrading treatment by prison guards.
CIVIL JUDICIAL PROCEDURES AND REMEDIES
The constitution provides for an independent and impartial judiciary in civil matters, although this differed in practice. Citizens and legal entities such as organizations and companies, have the right to file a civil case for compensation for physical or psychological harm, including for human rights violations. On constitutional and human rights issues, the law also provides for individuals to appeal their cases directly to the Constitutional Court, theoretically allowing for faster and simpler high-level review of alleged human rights violations within contested court decisions. Critics complained that, despite this mechanism, the large volume of appeals of dismissals under the state of emergency and decreased judicial capacity caused by purges in the judiciary resulted in slow proceedings. Citizens who have exhausted all domestic remedies have the right to apply for redress to the European Court of Human Rights (ECHR).
The Commission of Inquiry on Practices under the State of Emergency, established in January 2017, was designed to adjudicate appeals of wrongfully dismissed civil servants. The commission reported that, as of November, it had received 125,678 applications, adjudicated 42,000 cases, approved 3,000, and rejected 39,000. Critics complained that the appeals process was opaque, slow, and did not respect citizens’ rights to due process, including by prohibiting defendants from seeing the evidence against them or presenting exculpatory evidence in their defense.
Figures regarding the breadth of state of emergency dismissals released by human rights groups and multiple officials during the course of the year varied. According to the HRJP, since the coup attempt and pursuant to state of emergency decrees, more than 130,000 public employees had been dismissed or suspended; more than 4,000 judges and prosecutors had been dismissed; more than 2,300 private educational institutions–including schools, tutoring academies, and dormitories–had been closed along with 15 private universities and 19 unions and trade confederations; 200 media companies had been shut down; and nearly 1,500 associations or foundations had been closed. Individuals and legal entities affected by the state of emergency decrees were eligible to appeal to the commission of inquiry. Rights groups, legal experts, and international organizations criticized the commission of inquiry for being opaque, slow, and ineffective. An October Amnesty International report stated the commission “is in effect a rubber stamp for the government’s arbitrary dismissals.”
In multiple parts of the southeast, many citizens continued efforts to appeal the government’s expropriations of properties in 2016 to reconstruct areas damaged in government-PKK fighting.
In May the Constitutional Court denied a request from residents of Diyarbakir’s Sur District to annul the government’s 2016 expropriation order for an “urban renewal” program.
According to the Savings Deposit Insurance Fund of Turkey, as of March 5, the government had seized approximately 1,124 businesses worth an estimated 49.4 billion lira ($9.4 billion) since the 2016 coup attempt. Real estate confiscated from dissolved legal entities was worth an additional 15 billion lira ($2.9 billion).
While the constitution provides for the “secrecy of private life” and states that individuals have the right to demand protection and correction of their personal information and data, the law provides MIT authority to collect information while limiting the ability of the public or journalists to expose abuses. Oversight of MIT falls within the purview of the presidency, and checks on MIT authorities are limited. MIT may collect data from any entity without a warrant or other judicial process for approval. At the same time, the law establishes criminal penalties for conviction of interfering with MIT activities, including data collection or obtaining or publishing information concerning the agency. The law allows the president to grant MIT and its employees immunity from prosecution.
Police possess broad powers for personal search and seizure. Senior police officials may authorize search warrants, with judicial permission to follow within 24 hours. Individuals subjected to such searches have the right to file complaints, but judicial permission occurring after a search has already taken place failed to serve as a check against abuse.
Security forces may conduct wiretaps for up to 48 hours without a judge’s approval. As a check against potential abuse of this power, the State Inspection Board may conduct annual inspections and present its reports for review to parliament’s Security and Intelligence Commission. Information on how often this authority was used was not available. Human rights groups noted that wiretapping without a court order circumvented judicial control and potentially limited citizens’ right to privacy. Many citizens asserted that authorities tapped their telephones and accessed their email or social media accounts, perpetuating widespread self-censorship. The Ministry of Interior disclosed that, during a one-week period from July 9 to July 16, it examined 459 social media accounts and took legal action against 266 users who it accused of propagandizing or promoting terror organizations, inciting people to enmity and hostility, or insulting state institutions. Between 2016 and April 2018, authorities investigated more than 45,000 social media accounts and took legal action against 17,000 on charges of “propagandizing for and praising a terror organization,” according to HRJP. Human rights groups asserted that self-censorship due to fear of official reprisal accounted in part for the relatively low number of complaints they received regarding allegations of torture or mistreatment.
Under the state of emergency and continuing with the implementation of antiterror legislation, the government targeted family members to exert pressure on some wanted suspects. Government measures included cancelling the passports of family members of civil servants suspended or dismissed from state institutions, as well as of those who had fled authorities. In some cases the government cancelled or refused to issue passports for the minor children of individuals outside the country who were wanted for or accused of ties to the Gulen movement. On July 25, the Ministry of Interior announced it would lift travel bans on 155,000 individuals whose family members had alleged connections with “terror organizations.”
Government seizure and closure over the previous two years of hundreds of businesses accused of links to the Gulen movement created ambiguous situations for the privacy of client information.