Comoros

Section 1. Respect for the Integrity of the Person, Including Freedom from:

There was a report that the government or its agents committed an arbitrary or unlawful killing.

In late September a recently released detainee died allegedly due to torture (see section 1.c.).

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices, but there were reports that government officials employed them.

Media reports alleged a 30-year-old prison detainee died on September 30, days after having been released from Mutsamudu’s Koki Prison, due to torture he allegedly endured, and harsh conditions. Family members reported they would not make an official complaint due to fear of reprisals.

Prison and Detention Center Conditions

Prison and detention center conditions remained poor. The national prison in Moroni is the largest of three prisons in the country. The other two are in Anjouan and Moheli. Military detainees were held in military facilities. National or individual island authorities used various detention facilities as deemed appropriate, and detainees could be transferred from either Anjouan or Moheli to the national prison in Moroni, depending upon the nature of their offenses.

Physical Conditions: Overcrowding was a problem. As of December the Moroni prison held 135 inmates, but according to International Committee of the Red Cross (ICRC) standards, the capacity was 60 inmates. Koki Prison on Anjouan held 90 inmates. Its capacity is not known but all prisoners are kept in only one of the two prison buildings, consisting of three rooms each 215 square feet and a single toilet, and the second building is unused.

The law on child protection provides for juveniles ages 15 to 18 to be treated as adults in the criminal justice system. Juveniles and adult prisoners were held together. As of December there were three juvenile male inmates in the Moroni prison held with adults. That prison also held two adult female prisoners in a separate cellblock. The Anjouan prison held three adult female prisoners in a separate area and no minors. Detainees and prisoners normally received a single meal per day consisting of 1.8 ounces of rice and one egg (Moroni) or red beans when available (Anjouan). Those who did not receive additional food from family members suffered. Other common problems included inadequate potable water, sanitation, ventilation and lighting, and medical facilities. The prison in Moroni has a nurse on staff and a visiting doctor; prisoners in Koki said they were sometimes allowed to leave the prison if they needed medical care.

There were multiple reports that the writer Said Ahmed Said Tourqui (known as SAST), arrested in August for his role in an alleged coup plot, was being held in a prison cell so small he could neither lie down nor stand straight, and that he was being denied medical treatment, visitations, and clean water and sanitation. As of December, however, he was with the general population in Moroni and appeared to be in reasonably good health. Some media reports suggested that four other less well known detainees arrested for the same incident were suffering the same conditions.

Administration: Prisoners could submit complaints without censorship, but investigations or follow-up actions almost never occurred.

Independent Monitoring: The government permitted the ICRC to monitor prisons. Authorities required that nongovernmental organizations (NGOs) request a visit permit from the prosecutor general.

The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of arrest or detention in court, and the government generally observed these provisions, although there were some arbitrary arrests during the year.

ROLE OF THE POLICE AND SECURITY APPARATUS

The National Development Army and the Federal Police have responsibility for law enforcement and maintenance of order within the country. The National Development Army includes both the Gendarmerie and the Comorian Defense Force and reports to the president’s cabinet director for defense. The National Directorate of Territorial Safety, which oversees immigration and customs, reports to the minister of interior, information, and decentralization. The Federal Police report to the minister of interior. The Gendarmerie’s intervention platoon also may act under the authority of the interior minister. When the Gendarmerie serves as the judicial police, it reports to the minister of justice.

Each of the three islands had a local police force under the authority of its own minister of interior, or commissaire of the interior, but these positions were abolished under the new constitution approved in a July 30 referendum, although the governorates continued to resist complying with this change.

Civilian authorities generally maintained effective control over police, and the government had mechanisms to investigate and punish abuse and corruption. Nevertheless, police used excessive force, and impunity was a problem. The ability of the army to investigate abuses by its personnel was uncertain.

On January 20, according to media reports, during routine patrols near Moroni, Grande Comore, the Gendarmerie intervention platoon detained 29 individuals who were not carrying identification and brought them to the military camp at Mde, where they were allegedly tortured and beaten. Eventually they were released, and when photos of injuries surfaced on Facebook, the commander of the Gendarmerie’s forces on Grande Comore reported an investigation was under way and that wrongdoers would be punished. On January 28, President Azali also insisted there should be an investigation. The government reported, however, that the investigation revealed no evidence of torture and provided no further information.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law requires judicial arrest warrants as well as prosecutorial approval to detain persons longer than 24 hours without charge. The law provides for the prompt judicial determination of the legality of detention and for detainees to be informed promptly of the charges against them. A magistrate informs detainees of their rights, including the right to legal representation. These rights were inconsistently respected. The bail system prohibits those for whom bail is posted from leaving the country. Some detainees did not have prompt access to attorneys or their families. According to press reporting, former president Ahmed Abdallah Sambi, under arrest for charges relating to an economic citizenship passport program, was denied the right to confidential counsel with his lawyer.

Arbitrary Arrest: There were reports of arbitrary arrest. For example, there were multiple press reports of suspects’ wives being held for one or two days in the hopes that this would convince their husband to turn himself in.

Pretrial Detention: Lengthy pretrial detention was a problem. By law, pretrial detainees may be held for no more than four months, although many were held longer. A magistrate or prosecutor may extend this period. Detainees routinely awaited trial for extended periods for reasons including administrative delay, case backlog, and time-consuming collection of evidence. Some extensions continued for several years. Defense attorneys occasionally protested such judicial inefficiencies.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: A person arrested or detained may challenge the legal basis of the detention, and the law provides for monetary damages if a court finds a detention improper. During the year former president Sambi challenged the basis for his detention under house arrest, although as of late October, he still awaited a ruling. Meanwhile, Sambi was under provisional detention, pending an eventual trial.

The constitution and law provide for an independent judiciary, and the government generally respected judicial independence. Judicial inconsistency, unpredictability, and corruption were problems.

TRIAL PROCEDURES

The law provides all defendants with the right to a fair and public trial, and an independent judiciary generally enforced this right. Defendants have the right to be informed promptly of charges and to a timely trial, but lengthy delays were common. The legal system incorporates French legal codes and sharia (Islamic law). Trials are open to the public, and defendants are presumed innocent. Trials are by jury in criminal cases. Defendants have the right to consult an attorney, and indigent defendants have the right to counsel provided at public expense, although the latter right was rarely observed. Defendants have the right to be present at their trials, question witnesses, and present witnesses and evidence on their own behalf. Although the law provides for the assistance at no charge of an interpreter for any defendant unable to understand or speak the language used in court, none was provided. Defendants have the right to adequate time and facilities to prepare a defense, and not to be compelled to testify or confess guilt. There is an appellate process.

POLITICAL PRISONERS AND DETAINEES

There were reports of political prisoners or detainees. Opposition and some national and international media outlets used the term “political prisoner” in reference to writer Said Ahmed Said Tourqui, also known as “Sast,” and four others arrested in August for involvement in an alleged planned coup d’etat. Others arrested in the case included deputy army chief of staff Colonel Ibrahim Salim. According to media, they were charged with conspiracy, attack on state security, conspiracy in an attempted coup d’etat, unlawful weapons possession and complicity, and nonreporting of an attempted crime. Police allegedly recovered weapons and a large amount of cash, but there were no reports any of the individuals involved had committed any acts of violence. On December 17, four individuals, including Tourqui, Ibrahim Salim, and former Vice President Djaffar Said Ahmed Hassane, who has taken refuge in Tanzania, were sentenced to life with hard labor for allegedly plotting against the state.

Civil aviation official Ismael Ahmed Kassim and Hamada Almoutawakil were detained since February for their alleged involvement in placing nails on the Moheli runway prior to the planned landing of President Azali’s plane. Kassim became aware of the nails and alerted the incoming pilot not to land. After authorities detained as many as 45 persons for the incident and allegedly abused and tortured them (per media reports), only Kassim and Almoutawakil remained in prison. On December 13, they were sentenced to prison terms of eight years and five years, respectively.

Civil society, government officials, and political parties on Anjouan reported cases of political prisoners, primarily from opposition political parties based on Anjouan. These officials estimated the number of political prisoners ranged from 11 to 200 detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Individuals and organizations may seek civil remedies for human rights violations through an independent, but corrupt court system. By law individuals and organizations may appeal adverse domestic decisions to regional human rights bodies. Court orders were inconsistently enforced.

The constitution and law prohibit such actions, and the government generally respected these prohibitions.

Costa Rica

Section 1. Respect for the Integrity of the Person, Including Freedom from:

There were no reports that the government or its agents committed arbitrary or unlawful killings.

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution prohibits such practices. Abuse by prison police was a recurring complaint, according to the Ombudsman’s Office, but very few of the accusers followed through and registered their complaints with the authorities. The government investigated, prosecuted, and punished police responsible for confirmed cases of abuse.

Prison and Detention Center Conditions

Prison conditions were harsh due to gross overcrowding, inadequate sanitary conditions, difficulties obtaining medical care, and violence among prisoners.

Physical Conditions: As of July the prison population exceeded the designed capacity of prisons by 32 percent, according to official statistics. Prison overcrowding made security and control difficult and contributed to health problems. Poor conditions included inadequate space for resting, deteriorated mattresses on the floor, and inadequate access to health services. Illegal narcotics were readily available in the prisons, and drug abuse was common. The Ministry of Justice was responsible for the prison system, while the Immigration Office ran the facility holding illegal migrants until they were deported or regularized their immigration status.

The San Sebastian, Gerardo Rodriguez, La Reforma, San Rafael, San Carlos, Limon, Pococi, Puntarenas, Liberia, Perez Zeledon, and Centro Adulto Joven (at La Reforma) prisons remained overcrowded, with the population in pretrial detention experiencing the most overcrowding. Authorities held male pretrial detainees with convicted prisoners on occasion. In San Sebastian, where most of these prisoners in pretrial detention were held, 770 prisoners lived in unsanitary conditions in a facility with a planned capacity of 556.

In February the Judicial Investigative Organization (OIJ), the principal investigative law enforcement agency, recognized prison overcrowding as a problem. Overcrowding at the San Sebastian pretrial detention center resulted in some pretrial detainees being held in OIJ facilities.

On July 26, a new detention center for undocumented migrants in Los Lagos, Heredia, opened to replace a facility that had problems with overcrowding and poor ventilation.

Security and administrative staffing were insufficient to care for the needs of prisoners, including ensuring their personal safety. The Ministry of Justice’s Social Adaptation Division reported 13 deaths in closed regime centers as of August 21. Four of these deaths were homicides resulting from prisoner-on-prisoner violence.

Administration: Prisoners could submit credible allegations of mistreatment to the Ombudsman’s Office, which investigated all complaints at an administrative level.

Independent Monitoring: The government permitted independent monitoring of prison conditions by international and local human rights observers. The Office of the UN High Commissioner for Refugees (UNHCR) and the government ombudsman monitored detention conditions, with UNHCR visiting monthly and the ombudsman preparing annual reports.

Improvements: In June the Ministry of Justice agreed to expedite urgent requests for prisoners to obtain an electronic bracelet monitor, which normally could take several months. The Ministry of Justice’s Social Adaptation Division constructed a health unit at the Vilma Curling women’s correctional center and opened health units at the correctional facilities in San Rafael de Alajuela, Perez Zeledon, and Pococi. The Social Adaptation Division strengthened telemedicine services at La Reforma, Gerardo Rodriguez, and Cartago prisons.

The constitution prohibits arbitrary arrest and detention and provides for the right for any person to challenge the lawfulness of his/her arrest or detention in court, and the government generally observed these requirements.

ROLE OF THE POLICE AND SECURITY APPARATUS

The country has no military forces. Civilian authorities maintained effective control over the 13 agencies that have law enforcement components, including the judicial branch’s Judicial Investigative Organization. The Ministry of Public Security is responsible for the uniformed police force, drug control police, border police, air wing, and coast guard. The Immigration Office is responsible for the immigration police. The Ministry of Public Works and Transportation supervises the traffic police, the Ministry of Environment supervises park police, and the Ministry of Justice manages the penitentiary police. Several municipalities manage municipal police forces. The government has effective mechanisms to investigate and punish abuse. There were no reports of impunity involving the security forces during the year.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law requires issuance of judicial warrants before making arrests, except where probable cause is evident to the arresting officer. The law entitles a detainee to a judicial determination of the legality of detention during arraignment before a judge within 24 hours of arrest. The law provides for the right to post bail and prompt access to an attorney and family members. Authorities generally observed these rights. Indigent persons have access to a public attorney at government expense. Those without sufficient personal funds are also able to use the services of a public defender. With judicial authorization, authorities may hold a suspect incommunicado for 48 hours after arrest or, under special circumstances, for up to 10 days. Special circumstances include cases in which pretrial detention previously was ordered and there is reason to believe a suspect may reach an agreement with accomplices or may obstruct the investigation. Suspects were allowed access to attorneys immediately before submitting statements before a judge. Authorities promptly informed suspects of any offenses under investigation. Habeas corpus provides legal protection for citizens against threats from police; it also requires judges to give a clear explanation of the legal basis for detention of and evidence against a suspect.

Pretrial Detention: Lengthy pretrial detention was a problem. According to the Ministry of Justice, as of July 31, persons in pretrial detention constituted approximately 23 percent of the prison population, compared with 16 percent in 2017. In some cases delays were due to pending criminal investigations and lengthy legal procedures. In other cases the delays were a result of court backlogs.

The constitution provides for an independent judiciary, and the government generally respected judicial independence and impartiality. The legal system experienced significant delays in the adjudication of criminal cases and civil disputes and a growing workload.

TRIAL PROCEDURES

The constitution and law provide for the right to a fair and public trial, and an independent judiciary generally enforced this right.

All defendants have the right to the presumption of innocence, to be informed promptly and in detail of the charges, and to trial without undue delay. All trials, except those that include juvenile defendants, are public. Trials that involve victims or witnesses who are minors are closed during the portion of the trial in which the minor is called to testify. Defendants have the right to be present during trial and communicate with an attorney of choice in a timely manner or to have one provided at public expense. Defendants enjoy the right to adequate time and facilities to prepare a defense and free assistance of an interpreter as necessary. Defendants may confront prosecution or plaintiff witnesses and present witnesses and evidence on their own behalf. Defendants have the right not to be compelled to testify or confess guilt. Defendants, if convicted, have the right to appeal.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

An independent and impartial judiciary presides over lawsuits in civil matters, including human rights violations. Administrative and judicial remedies for alleged wrongs are available to the public. Individuals and organizations may appeal adverse domestic decisions to regional human rights bodies.

The constitution prohibits such actions, and there were no reports the government failed to respect these prohibitions.

Cote d’Ivoire

Section 1. Respect for the Integrity of the Person, Including Freedom from:

There were no reports the government or its agents committed arbitrary or unlawful killings.

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices. Human rights groups reported torture and other mistreatment of persons arrested and taken into security force custody. There were reports that government officials employed inhuman or degrading treatment.

Prison authorities acknowledged that abuse might happen and go unreported as prisoners fear reprisals. Human rights nongovernmental organization (NGO) sources reported mistreatment of detainees associated with the Ivorian Popular Front (FPI) political party.

Prison and Detention Center Conditions

Prison conditions were harsh and unhealthy due to insufficient food, gross overcrowding, inadequate sanitary conditions, and lack of medical care.

Physical Conditions: Severe overcrowding continued in many prisons. For example, the prison at Man was estimated to be at 10 times the capacity prior to a transfer of 300 prisoners from Man. The central prison of Abidjan was built to hold approximately 1,500 prisoners but held 5,728. Reports from other prisons also indicated the number of inmates exceeded capacity. In at least one prison, the inmates slept packed head-to-toe on the floor.

Authorities held men and women in separate prison wings, held juveniles with adults in the same cells in some prisons, and usually held pretrial detainees together with convicted prisoners. The children of female inmates often lived with their mothers in prison, although prisons accepted no responsibility for their care or feeding. Inmate mothers received help from local and international NGOs. There were generally no appropriate services for mentally ill inmates, and they were held together with the general prison population. A human rights NGO reported that prominent prisoners or those who had been politically active had slightly better living conditions than other prisoners.

According to prison authorities, 39 prisoners died during the year, all from natural causes.

Large prisons generally had doctors, while smaller prisons had nurses, but it was unclear whether prisoners had access to these medical professionals at all times. Prison authorities reported that two doctors spend the night at Abidjan’s main prison and were always available for urgent cases, but human rights groups alleged prisoners had to rely upon guards to allow them to see medical staff at night. Prisoners with health crises were supposed to be sent to health centers with doctors, and prison authorities claimed they approved medical evacuations of prisoners. Where the prison did not have a vehicle, the prison authorities in some prisons said they cooperated with the local gendarmes or emergency services for transportation to hospitals.

Critical health care for prisoners, however, was not always immediately available. Charities or religious organizations sometimes financed prisoners’ medical care. Prison pharmacies often provided medicine for diseases such as malaria, but not the more expensive medicines for illnesses such as diabetes and hypertension. In some cases prison pharmacists would write a prescription, and a family member would fill it. At one prison, authorities said the prison officials themselves would buy the medications at a local pharmacy out of the prison budget. The prison director also said some prison guards had nursing training and he authorized them to wake the doctor in the middle of the night if a prisoner needed urgent medical care. According to prison authorities, it was the Ministry of Health, not prison authorities, who decided which pharmaceuticals a prison pharmacy should receive.

Prison authorities reported difficulty in keeping mattresses free from pests in some prisons, leading authorities to remove the mattresses. Poor ventilation and high temperatures, exacerbated by overcrowding, were problems in some prisons. While potable water generally was available in prisons and detention centers, water shortages could occur due to disagreements among the prisoners about how to allocate it. When one city experienced water shortages, prison authorities had trucks bring in water.

Approximately 23 percent of the prison population was in preventive detention. According to human rights groups, physical abuse occurred, and conditions were inhuman in police and gendarmerie temporary detention facilities, with detainees in close proximity to extremely unsanitary toilets. The 48-hour limit for detention without charge was often ignored and renewed, with the average time being eight to nine days. Officials sometimes listed the date of detention as several days later than the actual date of arrest while conducting an investigation to conceal the length of time the prisoner was actually in temporary detention.

Wealthier prisoners reportedly could buy food and other amenities, as well as hire staff to wash and iron their clothes. The government allotted 400-450 CFA francs ($0.72-$0.81) per person per day for food rations, which was insufficient. The prison budgets generally did not increase with the number of prisoners, although prison authorities said funding followed prisoners who were transferred to alleviate overcrowding. Families routinely supplemented rations if they lived within proximity of the prison or detention center, bringing food from the outside during the four visiting days of the week.

Information on conditions at detention centers operated by the Directorate for Territorial Surveillance (DST) was not readily available.

Administration: Prisoners could submit complaints to judicial authorities, although there was no process for handling the complaints. Prison authorities had limited capacity to investigate and redress allegations of poor detention conditions, but NGOs reported that they improved hygiene and nutrition. Prison administrators continued to detain or release prisoners outside normal legal procedures.

Authorities generally permitted visitors in prisons on visiting days. Prisoners’ access to lawyers and families was allegedly nonexistent in detention centers operated by the DST.

In late November, five prison guards in Bouake became involved in a violent altercation with local university students. The incident, which involved local armed forces who joined the guards, stemmed from a dispute earlier in the day and ended with five students being shot, although authorities had not determined who fired the shots.

Independent Monitoring: The government generally permitted the United Nations and local and international NGOs adequate access to prisons but not to detention centers run by the DST. Local human rights groups reported having access to prisons when they formally requested such in advance, although Amnesty International reported that its requests to visit prisons had not been approved since 2013, when it produced a critical report.

Improvements: In the main prison in Abidjan, a prisoners’ rights organization with international funding was working with prison authorities to build and equip a training center for cooking and hairdressing in the section for prisoners who are minors.

The constitution and law prohibit arbitrary arrest and detention, but both occurred. The DST and other authorities arbitrarily arrested and detained persons, often without charge. They held many of these detainees briefly before releasing them or transferring them to prisons and other detention centers, but they detained others for lengthy periods. Generally, the limit of 48 hours pretrial detention by police was not enforced. Police detained citizens beyond 48 hours before releasing them or presenting them to a judge. There were several incidents of detention in undisclosed and unauthorized facilities.

Although detainees have the right to challenge in court the lawfulness of their detention and to obtain release if found to have been unlawfully detained, this rarely occurred. Most detainees were unaware of this right and had limited access to public defenders.

ROLE OF THE POLICE AND SECURITY APPARATUS

Police (under the Ministry of Interior and Security) and gendarmerie (under the Ministry of Defense) are responsible for law enforcement. The Coordination Center for Operational Decisions, a mixed unit of police, gendarmerie, and the Armed Forces of Cote d’Ivoire (FACI) personnel, assisted police in providing security in some large cities. The FACI (under the Ministry of Defense) is responsible for national defense. The DST (under the Ministry of Interior and Security) has responsibility for countering external threats. The national gendarmerie assumed control from the FACI for security functions on national roadways. FACI forces lacked adequate training and equipment and had a weak command and control structure. Corruption was endemic and impunity, including for allegations of rape and sexual assault, was widespread among the FACI and other security forces, such as police and gendarmerie.

In early January soldiers shot at a vehicle carrying a former rebel aligned with a ruling party minister, killing one person. Also in early January, 230 soldiers and gendarmes accused of misconduct, including desertion and breach of discipline, were removed from the army. Heavy gunfire erupted in January at two military bases in the country’s second-largest city, when soldiers reportedly demanded payment of bonuses and the departure of a security battalion in addition to training and promotions. In May, 2,168 soldiers of 2,211 soldiers, including three military officers, accepted payouts to retire. This was the second group of soldiers retired as part of a plan to cut costs and bring under control a military that launched two mutinies in 2017.

In August the government appointed a leader of a former rebel movement that controlled half of the country during the 2002 rebellion as the governor of Bouake, a central city home to previous unrest.

Dozos (traditional hunters) assumed an informal security role in some village communities, especially in the north and west, but they were less active than in the past and had no legal authority to arrest or detain. The government discouraged the dozos, whom most residents feared, from assuming security roles.

Military police and the military tribunal are responsible for investigating and prosecuting alleged internal abuses perpetrated by the security services.

Security forces failed at times to prevent or respond to societal violence, particularly during intercommunal clashes.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law allows investigative magistrates or the national prosecutor to order the detention of a suspect for 48 hours without bringing charges. Nevertheless, police often arrested individuals and held them without charge beyond the legal limit. In special cases, such as suspected actions against state security or drugs, the national prosecutor can authorize an additional 48-hour period of preventive custody. An investigating magistrate can request pretrial detention for up to four months at a time by submitting a written justification to the national prosecutor. First-time offenders charged with minor offenses may be held for a maximum of five days after their initial hearing before the investigative magistrate. Repeat minor offenders and those accused of felonies may be held for six and 18 months, respectively.

While the law provides for informing detainees promptly of the charges against them, this did not always occur, especially in cases concerning state security and involving the DST. In other cases magistrates could not verify whether detainees who were not charged had been released. A bail system exists but was used solely at the discretion of the trial judge. Authorities generally allowed detainees to have access to lawyers. In cases involving national security, authorities did not allow access to lawyers and family members. For other serious crimes, the government provided lawyers to those who could not afford them, but offenders charged with less serious offenses often had no lawyer. Attorneys often refused to accept indigent client cases they were asked to take because they reportedly had difficulty being reimbursed. Human rights observers reported multiple instances in which detainees were transferred to detention facilities outside their presiding judge’s jurisdiction, in violation of the law. Detained persons outside of Abidjan, where the vast majority of the country’s 600 attorneys reside, had particular difficulty obtaining legal representation.

Arbitrary Arrest: The law does not sanction arbitrary arrest, but authorities used the practice.

Pretrial Detention: Prolonged pretrial detention was a major problem. According to government figures, as of September approximately one-third of all prison inmates in the country and almost half of the inmates at Abidjan’s central prison were in pretrial detention including 55 minors, with 20 more minors detained for oversight. In many cases the length of detention equaled or exceeded the sentence for the alleged crime. For example, some persons remained in pretrial detention for up to eight years. Inadequate staffing in the judicial ministry, judicial inefficiency, and lack of training contributed to lengthy pretrial detention. There were reports of pretrial detainees receiving convictions in their absence from court, with prison authorities claiming that their presence was not necessary, and sometimes detainees were not given sufficient notice and time to arrange transportation. Human rights groups reported mistreatment of detainees who were arrested and in custody of the DST before being sent to Abidjan’s main prison.

Amnesty: In August, President Ouattara announced an immediate amnesty for 800 prisoners held in connection with the 2010-11 postelectoral crisis, including several former cabinet members, military officers, and Simone Gbagbo, the wife of former president Laurent Gbagbo.

The constitution and law provide for an independent judiciary, and although the judiciary generally was independent in ordinary criminal cases, the government did not respect judicial independence. The judiciary was inadequately resourced and inefficient. The continued lack of civilian indictments against pro-Ouattara elements for crimes during the 2010-11 postelectoral crisis indicated the judiciary was subject to political and executive influence. There were also numerous reports of judicial corruption, and bribes often influenced rulings. By early December no magistrate or clerk had been disciplined or dismissed for corruption. On the other hand, magistrates who advocated independence or acted in a manner consistent with judicial independence were sometimes disciplined. For example, in July, two magistrates were dismissed from their jobs after they spoke out about the importance of independence in the judiciary, ethics, and “victor’s justice.” They fled the country following harassment by security forces.

TRIAL PROCEDURES

The constitution and law provide for the right to a fair and public trial, but the judiciary did not enforce this right. Although the law provides for the presumption of innocence and the right to be informed promptly and in detail of the charges (with free interpretation as necessary from the moment charged through all appeals), the government did not always respect this requirement. In the past assize courts (special courts convened as needed to try criminal cases involving major crimes) rarely convened. Starting in 2015, however, they convened for one session per year in several cities to hear a backlog of cases. Defendants accused of felonies have the right to legal counsel at their own expense. Other defendants may also seek legal counsel. The judicial system provides for court-appointed attorneys, although only limited free legal assistance was available; the government had a small legal defense fund to pay members of the bar who agreed to represent the indigent. Defendants have the right to adequate time and facilities to prepare a defense. Defendants may present their own witnesses or evidence and confront prosecution or plaintiff witnesses. Lack of a witness protection mechanism was a problem. Defendants cannot be legally compelled to testify or confess guilt, although there were reports such abuse sometimes occurred. Defendants have the right to be present at their trials, but courts may try defendants in their absence. Those convicted had access to appeals courts in Abidjan, Bouake, and Daloa, but higher courts rarely overturned verdicts.

Military tribunals did not try civilians or provide the same rights as civilian criminal courts. Although there are no appellate courts within the military court system, persons convicted by a military tribunal may petition the Supreme Court to order a retrial.

The relative scarcity of trained magistrates and lawyers resulted in limited access to effective judicial proceedings, particularly outside of major cities. In rural areas traditional institutions often administered justice at the village level, handling domestic disputes and minor land questions in accordance with customary law. Dispute resolution was by extended debate. There were no reported instances of physical punishment. The law specifically provides for a “grand mediator,” appointed by the president, to bridge traditional and modern methods of dispute resolution.

POLITICAL PRISONERS AND DETAINEES

The government denied that there were political prisoners, although President Ouattara recognized in August there were prisoners indicted for “offenses connected to the 2010-11 postelectoral crisis,” a statement widely interpreted as recognition that political prisoners existed. In 2017 an Abidjan jury found Simone Gbagbo, the wife of former president Laurent Gbagbo, not guilty of crimes against humanity stemming from the 2010-11 postelectoral crisis. She had been in custody since 2011. Although Simone Gbagbo was released from prison under the August amnesty, it was unclear who or how many other persons were released.

In March authorities arrested 18 supporters of an opposition alliance and detained them at Abidjan’s main prison.

In July a prominent imam was arrested and imprisoned on terrorism charges after criticizing the president for lack of progress in helping the poor and advocating for Muslim schools. Authorities released him after several weeks.

Some political parties and local human rights groups claimed members of former president Gbagbo’s opposition party FPI, detained on charges including economic crimes, armed robbery, looting, and embezzlement, were political prisoners, especially when charged for actions committed during the 2010-11 postelectoral crisis. A government-created platform to discuss detainees and other issues concerning the opposition did not meet during the year.

Authorities granted political prisoners the same protections as other prisoners, including access by the International Committee of the Red Cross.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

The constitution and law provide for an independent judiciary in civil matters, but the judiciary was subject to corruption, outside influence, and favoritism based on family and ethnic ties. Citizens may bring lawsuits seeking damages for, or cessation of, a human rights violation, but they did so infrequently. Individuals and organizations may appeal adverse domestic decisions to regional human rights bodies. The judiciary was slow and inefficient, and there were problems in enforcing domestic court orders.

PROPERTY RESTITUTION

In May local police destroyed homes, forcibly evicting a number of persons from a gentrifying neighborhood in Abidjan. Because residents had been informed by official notice that they had until July to move, most residents, including children and the elderly, were unprepared and without alternative lodging during the rainy season. The demolition disrupted the students’ exams and hindered the possibility for some to advance to the next grade.

In July, one person was killed and several others injured as police clashed with youths after more than 20,000 persons were evicted from their homes in an Abidjan neighborhood local authorities believed to be unsafe and illegally occupied, according to news reports. Human rights groups reported that due process was not followed.

The constitution and law prohibit such actions, but the government did not always respect these prohibitions. The law requires warrants for security personnel to conduct searches, the prosecutor’s agreement to retain any evidence seized in a search, and the presence of witnesses in a search, which may take place at any time. Police sometimes used a general search warrant without a name or address. The FACI and DST arrested individuals without warrants.

Some leaders of opposition parties reported that authorities had frozen their bank accounts, although they were not on any international sanctions’ list and courts had not charged them with any offenses. It was unclear whether frozen bank accounts of those pardoned by the president in the August amnesty were reactivated. Human rights groups reported that the bank account of a minister’s opponent in the October municipal election was frozen.

Croatia

Section 1. Respect for the Integrity of the Person, Including Freedom from:

There were no reports the government or its agents committed arbitrary or unlawful killings.

There were no reports of disappearances by or on behalf of government authorities; however, a significant number of cases of missing persons from the 1991-95 conflict remained unresolved. The government reported that as of October 18, more than 1,500 persons remained missing, and the government was searching for the remains of 414 individuals known to be deceased, for a total of 1,922 unsolved missing persons cases. The Ministry of Veterans Affairs reported that in the period from January 1 to October 19, the remains of 14 individuals were exhumed (a 20 percent decrease from the previous year), and final identifications were made for 29 individuals (a 27 percent increase over the previous year). Progress remained slow due to jurisdictional, political, and technical challenges. Government officials met with Serbian counterparts in May to discuss cooperation on resolution of missing persons cases.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices, but there were reports of isolated and sporadic cases of physical and verbal mistreatment of prisoners and detainees.

Prison and Detention Center Conditions

There were some reports regarding prison or detention center conditions that raised human rights concerns.

Physical Conditions: Several prisons remained overcrowded, such as Osijek Prison (159 percent). According to the February report of the Council of Europe’s Committee for the Prevention of Torture (CPT), there were still instances of living space below the minimum of 10-square-feet per inmate. Prisoner complaints generally concerned inadequate facilities, quality and accessibility of medical care, and mistreatment.

There were reports of isolated and sporadic cases of physical and verbal mistreatment of prisoners and detainees by correctional officers. Some prisoners and detainees alleged mistreatment consisting mainly of slaps, punches, and kicks inflicted at the time of arrest, during questioning at a police station, and later in prison. According to the CPT, in a few cases, medical evidence supported the allegations. The CPT report on its 2017 visit also included allegations of physical mistreatment and verbal abuse of patients at prison hospitals by custodial staff.

According to the CPT report, inter-prisoner violence was also a source of concern. The report noted several cases involving serious physical injuries inflicted on inmates by their cellmates, including a case of subdural hematoma (internal bleeding around the brain) and broken ribs.

Administration: The Ombudsperson for Human Rights investigated credible allegations of mistreatment, and issued recommendations to improve conditions for detained persons, reduce the use of coercion, and improve investigation of police brutality cases. The Office of the Ombudsperson conducted 26 visits between January and June but reported no significant major system improvements.

Independent Monitoring: The law provides for appointment of independent civil supervisors of police. No members of a supervisory group have been appointed, however, which government officials attributed to a lack of interested candidates. The Ministry of Justice (MOJ) reported progress cooperating with civil society organizations on the implementation of the individual punishment and education programs aimed at reducing recidivism.

The constitution and the law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court, and the government generally observed these requirements.

ROLE OF THE POLICE AND SECURITY APPARATUS

The national police, under the control of the Ministry of the Interior, have primary responsibility for domestic security. In times of disorder, the prime minister and the president may call upon the armed forces to provide security. The intelligence services are under the authority of the prime minister and the president. Civilian authorities maintained effective oversight over police, the armed forces, and the intelligence services. The government has effective mechanisms to investigate and punish abuse. There were no reports of impunity involving the security forces.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Other than those arrested during the commission of a crime, persons were apprehended with warrants issued by a judge or prosecutor based on evidence. Prosecutors may hold suspects for up to 48 hours detention. Upon request of prosecutors, an investigative judge may extend investigative detention for an additional 36 hours. Authorities informed detainees promptly of charges against them. The law requires a detainee be brought promptly before a judicial officer, and this right was generally respected. The law limits release on bail to only those cases in which the sole concern of the state is flight risk. Authorities allowed detainees prompt access to a lawyer of their choice or, if indigent, to one provided by the state.

The constitution and law provide for an independent judiciary, and the government generally respected judicial independence and impartiality. Cases of intimidation of state prosecutors, judges, and defense lawyers were isolated. The overall judicial backlog decreased 37 percent from 2013-17. As of September 30, the judiciary as a whole had a backlog of 426,763 cases (down from 474,345 in 2017), with the highest percentage of unsolved cases pending before municipal courts.

TRIAL PROCEDURES

The constitution and law provide for the right to a fair and public trial, and the independent judiciary generally enforced this right.

Defendants enjoy the presumption of innocence. They must be informed promptly and in detail of the charges against them. Defendants have a right to a fair, public, and timely trial and to be present at their trial. They have the right to communicate with an attorney of their choice or to have one provided at state expense. Defendants enjoy the right to adequate time and facilities to prepare a defense. Any defendant who cannot understand or speak Croatian has free access to an interpreter, from the moment charged through all appeals. Defendants have the right to confront witnesses against them and present witnesses and evidence on their behalf. Defendants may not be compelled to testify or confess guilt. Defendants and prosecutors may file an appeal before a verdict becomes final, and defendants may file an appeal through the domestic courts to the European Court of Human Rights (ECHR).

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Individuals may seek damages for, or cessation of, an alleged human rights violation. Individuals may appeal to the ECHR after all domestic legal remedies have been exhausted or after a case has been pending for an excessive period in domestic courts. Administrative remedies were also available. The backlog in domestic courts raised concerns regarding judicial effectiveness, efficiency, and the rule of law. NGOs reported that violation of the right to trial within reasonable time remained one of the fundamental problems of the judiciary. In some civil cases, especially with regard to property, proceedings lasted for more than a decade.

PROPERTY RESTITUTION

The government has laws in place to support its responsibilities as a signatory to the Terezin Declaration. The government, however, continued to lack a legislative framework to resolve property restitution issues. Croatia has never accepted restitution claims for property seized during the Holocaust period (1941-45) and has inconsistently permitted noncitizens to file claims.

According to the 1996 Law on Compensation for the Property Taken during the Former Yugoslav Communist Regime, restitution of property seized during the Communist era was limited to individuals who were citizens of the country in 1996, when parliament passed the restitution law, and claims could only be filed within a specified window, which closed in January 2003. Consequently, the law did not apply to persons, including Holocaust survivors, whose property was expropriated but who left the country and obtained citizenship elsewhere. A 2002 amendment to the law allowed foreign citizens to file claims if their country of citizenship had a bilateral restitution treaty with Croatia. In 2010, however, the Supreme Court ruled that the government cannot require such a treaty as a necessary condition for restitution. In 2011 the Ministry of Justice attempted unsuccessfully to amend the legislation to reflect this finding and reopen claims. At the time the government estimated the amendment might benefit between 4,211 and 5,474 claimants. The government has taken no subsequent steps to amend the law. NGOs and advocacy groups reported the government did not make significant progress on resolution of Holocaust-era claims, including for foreign citizens.

Restitution of communal property remained a problem for the Serbian Orthodox Church and the Coordination of Jewish Communities in Croatia. There have been no restitutions of Jewish communal property since 2014, although several requests remained pending.

The constitution and law prohibit such actions, and there were no reports the government failed to respect these prohibitions.

Cuba

Section 1. Respect for the Integrity of the Person, Including Freedom from:

There were reports that government agents committed an unlawful and arbitrary killing. There were credible reports that Alejandro Pupo Echemendia was severely beaten by local police and died in police custody in the town of Placetas on August 9. Reports indicated police officials beat him in a police precinct after he began suffering from a panic attack; he was pronounced dead after he was taken to a hospital.

There were no confirmed reports of long-term disappearances by or on behalf of government authorities, but there were numerous reports of detained activists whose whereabouts were temporarily unknown because the government did not register these detentions.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits abusive treatment of detainees and prisoners. There were reports, however, that members of the security forces intimidated and physically assaulted human rights and prodemocracy advocates, political dissidents, and other detainees and prisoners during detention and imprisonment, and that they did so with impunity. Some detainees and prisoners also endured physical abuse by prison officials or by other inmates with the acquiescence of guards.

There were reports of police assaulting detainees or being complicit in public harassment of and physical assaults on peaceful demonstrators (see section 2.b.). Ivan Hernandez Carrillo of the Independent Union Association of Cuba reported police severely beat, kicked, and punched him during his arrest on March 25.

On October 31, Radio Marti reported two political prisoners were beaten while in police custody. Alberto Valle Perez was beaten by fellow inmates in the Holguin prison. Zacchaeus Baez, coordinator of the Patriotic Union of Cuba (UNPACU) in Havana, said Valle Perez told his family prison guards ordered other inmates to beat him. On October 27, officers of the Combinado del Este Prison in Havana beat Carlos Manuel Figueroa Alvarez. According to Baez, guards sprayed pepper spray in Figueroa’s mouth while he was handcuffed and later took him to a solitary confinement cell.

Prison and Detention Center Conditions

Prison conditions continued to be harsh. Prisons were overcrowded, and facilities, sanitation, and medical care were deficient. There were reports of prison officials assaulting prisoners.

Physical Conditions: The government provided no information regarding the number, location, or capacity of detention centers, including prisons, work camps, and other kinds of detention facilities.

Prison and detention cells reportedly lacked adequate water, sanitation, space, light, ventilation, and temperature control. Although the government provided some food and medical care, many prisoners relied on family for food and other basic supplies. Potable water was often unavailable. Prison cells were overcrowded. Women also reported lack of access to feminine hygiene products and inadequate prenatal care.

Prisoners, family members, and nongovernmental organizations (NGOs) reported inadequate health care, which led to or aggravated multiple maladies. Prisoners also reported outbreaks of dengue, tuberculosis, hepatitis, and cholera. There were reports of prisoner deaths from heart attacks, asthma, HIV/AIDS, and other chronic medical conditions, as well as from suicide.

Political prisoners were held jointly with the general prison population. Political prisoners who refused to wear standard prison uniforms were denied certain privileges, such as access to prison libraries and reductions in the severity of their sentence (for example, being transferred from a maximum-security to a medium-security prison). Political prisoners also reported fellow inmates, acting on orders from or with the permission of prison authorities, threatened, beat, intimidated, and harassed them.

Prisoners reported solitary confinement was a common punishment for failure to comply with prison regulations, and some prisoners were isolated for months at a time.

The government subjected prisoners who criticized the government or engaged in hunger strikes and other forms of protest to extended solitary confinement, assaults, restrictions on family visits, and denial of medical care.

Administration: Authorities did not conduct proper investigations of credible allegations of mistreatment. Prisoners reported government officials refused to accept complaints or failed to respond to complaints.

Prisoners and pretrial detainees had access to visitors, although several political prisoners’ relatives reported prison officials arbitrarily canceled scheduled visits or denied visits altogether. Some prisoners were able to communicate information about their living conditions through telephone calls to human rights observers and family members.

Authorities allowed prisoners to practice their religion, but there were isolated reports authorities did not inform inmates of their right to access religious services, delayed months before responding to such requests, and limited visits by religious groups to a maximum of two or three times per year.

Independent Monitoring: The government did not permit monitoring of prison conditions by independent international or domestic human rights groups and did not permit access to detainees by international humanitarian organizations. Although the government pledged in previous years to allow a visit by the UN special rapporteur on torture and other cruel, inhuman, and degrading treatment or punishment, no visit occurred during the year.

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. Nevertheless, arbitrary arrests and short-term detentions continued to be a common government method for controlling independent public expression and political activity. Challenges of arrests or detentions were rarely successful, especially regarding detentions alleged to be politically motivated.

By law police have wide discretion to stop and question citizens, request identification, and carry out search-and-seizure operations. Police used laws against public disorder, contempt, lack of respect, aggression, and failure to pay minimal or arbitrary fines as ways to detain, threaten, and arrest civil society activists. Police officials routinely conducted short-term detentions, at times assaulting detainees. The law provides that police officials furnish suspects a signed “report of detention,” noting the basis, date, and location of any detention in a police facility and a registry of personal items seized during a police search, but the law was frequently not followed. Arbitrary stops and searches were most common in urban areas and at government-controlled checkpoints at the entrances to provinces and municipalities.

Police and security officials continued to use short-term and sometimes violent detentions to prevent independent political activity or free assembly. Such detentions generally lasted from several hours to several days. The independent human rights NGO Cuban Commission on Human Rights and National Reconciliation (CCDHRN) counted more than 2,870 detentions through November, compared with more than 5,155 in all of 2017. Members of the Todos Marchamos (We All March) campaign, which included Damas de Blanco (Women in White), reported weekly detentions of members to prevent demonstrations. Long-term imprisonment of peaceful government critics, while rare, sometimes occurred.

The law allows a maximum four-year preventive detention of individuals not charged with an actual crime, with a subjective determination of “pre-criminal dangerousness,” defined as the “special proclivity of a person to commit crimes, demonstrated by conduct in manifest contradiction of socialist norms.” Mostly used as a tool to control “antisocial” behaviors, such as substance abuse or prostitution, authorities also used such detention to silence peaceful political opponents. Multiple domestic human rights organizations published lists of persons they considered political prisoners; individuals appearing on these lists remained imprisoned under the “pre-criminal dangerousness” provision of the law.

In August authorities detained Jose Daniel Ferrer, leader of UNPACU, the largest political opposition group, in Santiago de Cuba for 12 days and charged him with attempted murder following a car crash in which he hit and injured an official in Palmarito del Cauto. There were reports the official intentionally jumped in front of the vehicle Ferrer was driving, resulting in minor injuries. Despite reported coercion of witnesses, police could not obtain corroborating evidence against Ferrer, and the prosecution was forced to change his status from preventive detention to immediate release. As of November the prosecution had not yet issued a final decision regarding the status of the charges against him. In March, Ferrer was also detained and released after several hours while attempting to travel to Havana from Santiago de Cuba to participate in the ceremony for the 2017 Oswaldo Paya Freedom and Life Award.

ROLE OF THE POLICE AND SECURITY APPARATUS

The Ministry of Interior exercises control over the police, internal security forces, and the prison system. The ministry’s National Revolutionary Police is the primary law enforcement organization. Specialized units of the ministry’s state security branch are responsible for monitoring, infiltrating, and suppressing independent political activity. The police supported these units by carrying out search-and-seizure operations of homes and headquarters of human rights organizations, arresting persons of interest to the ministry, and providing interrogation facilities.

On August 14, authorities arrested UNPACU member Tomas Nunez Magdariaga on falsified charges and convicted him in a sham trial in which he was denied the opportunity to present witnesses in his favor. The arresting officer, Aldo Rosales Montoya, publicly admitted to fabricating the accusations against Nunez at the direction of a State Security official in a video recorded on September 14 and subsequently in a signed statement. Rosales admitted the purpose of Nunez’s arrest was to weaken the opposition organization. On October 15, the government released Nunez after a 62-day hunger strike protesting his imprisonment.

The police routinely violated procedural laws with impunity and at times failed or refused to provide citizens with legally required documentation, particularly during arbitrary detentions and searches. Security force members also committed abuses of civil rights and human rights with impunity.

Although the law on criminal procedure prohibits the use of coercion during investigative interrogations, police and security forces at times relied on aggressive and physically abusive tactics, threats, and harassment during questioning. Detainees reported officers intimidated them with threats of long-term detention, loss of child-custody rights, denial of permission to depart the country, and other punishments.

No official mechanisms were readily available to investigate government abuses.

Undercover police and Ministry of Interior agents were often present and directed activities to disrupt efforts at peaceful assembly (see section 2.b.).

According to independent reports, state-orchestrated “acts of repudiation” directed against independent civil society groups and individuals, including the Damas de Blanco and other organizations, were organized to prevent meetings or to intimidate participants publicly (see section 2.a.).

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Under criminal procedures police have 24 hours after an arrest to present a criminal complaint to an investigative police official. The investigative police have 72 hours to investigate and prepare a report for the prosecutor, who in turn has 72 hours to recommend to the appropriate court whether to open a criminal investigation.

Within the initial 168-hour detention period, detainees must be informed of the basis for the arrest and criminal investigation and have access to legal representation. Those charged may be released on bail, placed in home detention, or held in continued investigative detention. Once the accused has an attorney, the defense has five days to respond to the prosecution’s charges, after which a court date usually is set. Prosecutors may demand summary trials “in extraordinary circumstances” and in cases involving crimes against state security.

There were reports that defendants met with their attorneys for the first time only minutes before their trials and were not informed of the basis for their arrest within the required 168-hour period.

Reports suggested bail was available, although typically not granted to those arrested for political activities. Time in detention before trial counted toward time served if convicted.

Detainees may be interrogated at any time during detention and have no right to request the presence of counsel during interrogation. Detainees have the right to remain silent, but officials do not have a legal obligation to inform them of that right.

By law investigators must complete criminal investigations within 60 days. Prosecutors may grant investigators two 60-day extensions upon request, for a total of 180 days of investigative time. The supervising court may waive this deadline in “extraordinary circumstances” and upon special request by the prosecutor. In that instance no additional legal requirement exists to complete an investigation and file criminal charges, and authorities may detain a person without charge indefinitely.

Arbitrary Arrest: Officials often disregarded legal procedures governing arrest, detaining suspects longer than 168 hours without informing them of the nature of the arrest, allowing them to contact family members, or affording them legal counsel.

Pretrial Detention: The government held detainees for months or years in investigative detention, in both political and nonpolitical cases. In nonpolitical cases delays were often due to bureaucratic inefficiencies and a lack of checks on police.

While the constitution recognizes the independence of the judiciary, the judiciary is directly subordinate to the National Assembly and the CP, which may remove or appoint judges at any time. Political considerations thoroughly dominated the judiciary, and there was no separation of powers between the judicial system, the CP, and the Council of State.

Civilian courts exist at the municipal, provincial, and national levels. Special tribunals convene behind closed doors for political (“counterrevolutionary”) cases and other cases deemed “sensitive to state security.” The government’s practice was to deny admission to observers to trial on an arbitrary basis. Military tribunals may also have jurisdiction over civilians if any of the defendants are active or former members of the military, police, or other law enforcement agency.

TRIAL PROCEDURES

The law provides for the right to a public trial, but politically motivated trials were at times held in secret, with authorities citing exceptions for crimes involving “state security” or “extraordinary circumstances.” Many cases concluded quickly and were closed to the press.

Due process rights apply equally to all citizens as well as foreigners, but courts regularly failed to protect or observe these rights. The law presumes defendants to be innocent until proven guilty, but authorities often ignored this, placing the burden on defendants to prove innocence. The law provides criminal defendants the right not to be compelled to testify or confess guilt.

The law requires that defendants be represented by an attorney, at public expense if necessary. Privately hired attorneys were often reluctant to defend individuals charged with political crimes or associated with human rights cases. Defendants’ attorneys may cross-examine government witnesses and present witnesses and evidence. Only state attorneys are licensed to practice in criminal courts.

Criteria for admitting evidence were arbitrary and discriminatory. According to reports, prosecutors routinely introduced irrelevant or unreliable evidence to prove intent or testimony about the revolutionary credentials of a defendant.

Defense attorneys have the right to review the investigation files of a defendant, but not if the charges involve “crimes against the security of the state.” In these cases defense attorneys were not allowed access until charges were filed. Many detainees, especially political detainees, reported their attorneys had difficulties accessing case files due to administrative obstacles. Interpretation was sometimes provided during trials for non-Spanish speakers, but the government claimed limited resources prevented interpreters from always being available.

In trials where defendants are charged with “pre-criminal dangerousness” (see section 1.d.), the state must show only that the defendant has “proclivity” for crime, so an actual criminal act need not have occurred. Penalties may be up to four years in prison. Authorities normally applied this provision to prostitutes, alcoholics, young persons who refused to report to work centers, repeat offenders of laws restricting change of domicile, and political activists who participated in public protests.

The law recognizes the right of appeal in municipal courts but limits it in provincial courts to cases involving lengthy prison terms or the death penalty.

POLITICAL PRISONERS AND DETAINEES

The government continued to hold political prisoners but denied it did so and refused access to its prisons and detention centers by international humanitarian organizations and the United Nations.

The exact number of political prisoners was difficult to determine; the CCDHRN estimated there were 120 political prisoners, while other credible groups put the number slightly higher. On July 11, the CCDHRN published a documented list with the prisoners’ names and other details regarding their imprisonment. The lack of governmental transparency, along with systemic violations of due process rights, obfuscated the true nature of criminal charges, investigations, and prosecutions, allowing government authorities to prosecute and sentence peaceful human rights activists for criminal violations or “pre-criminal dangerousness.” The government used the designation of “counterrevolutionary” for inmates deemed to be political opposition, but it did not publicize those numbers. The government closely monitored organizations tracking political prisoner populations, which often faced harassment from state police.

On May 3, authorities arrested Ariel Ruiz Urquiola, a biology researcher at the University of Havana and environmental activist, after visiting his farm to question him about his building permits. On May 8, a judge convicted Ruiz Urquiola of disrespect and sentenced him to the maximum penalty of one year in prison for verbally insulting forestry officials. Amnesty International declared him a “prisoner of conscience,” alleging he was jailed “only for peacefully exercising his right to freedom of expression.” On July 3, after a hunger strike of more than two weeks, authorities released Ruiz Urquiola on medical grounds to serve the remainder of his sentence outside of prison.

Political prisoners reported the government held them in isolation for extended periods. They did not receive the same protections as other prisoners or detainees. The government also frequently denied political prisoners access to home visits, prison classes, telephone calls, and, on occasion, family visits.

Eduardo Cardet, director of the human rights organization Christian Liberation Movement (MCL) and declared a prisoner of conscience by Amnesty International, continued to serve a three-year prison sentence for allegedly assaulting a police officer in 2017. Authorities denied Cardet visits for several months until September 13, when they allowed a visit by family members.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

It is possible to seek judicial remedies through civil courts for violations of administrative determinations, but independent legal experts noted general procedural and bureaucratic inefficiencies often delayed or undermined the enforcement of administrative determinations and civil court orders. Civil courts, like all other courts in the country, lacked independence and impartiality as well as effective procedural guarantees. No courts allowed claimants to bring lawsuits seeking remedies for human rights violations.

The constitution protects citizens’ privacy rights in their homes and correspondence, and police must have a warrant signed by a prosecutor or magistrate before entering or conducting a search. Nevertheless, there were reports that government officials routinely and systematically monitored correspondence and communications between citizens, tracked their movements, and entered homes without legal authority and with impunity.

The Ministry of Interior employed a system of informants and neighborhood committees, known as “Committees for the Defense of the Revolution,” to monitor government opponents and report on their activities. Agents from the ministry’s General Directorate for State Security subjected foreign journalists, visiting foreign officials and diplomats, academics, and businesspersons to frequent surveillance, including electronic surveillance.

The CP is the only legally recognized political party, and the government actively suppressed attempts to form other parties (see section 3). The government encouraged mass political mobilization and favored citizens who actively participated (see section 2.b.).

Family members of government employees who left international work missions without official permission at times faced government harassment or loss of employment, access to education, or other public benefits. Family members of human rights defenders, including their minor children, reportedly suffered reprisals related to the activities of their relatives. These reprisals included reduced salaries and termination of employment, denial of acceptance into university, expulsion from university, and other forms of harassment.

On November 10, members of State Security in Mayari claiming to be following provincial orders forcefully entered the home of Osmel Ramirez Alvarez and seized documents, books, a laptop computer with accessories, and a cell phone. Authorities took him to a police station under the pretense that he needed to sign a document about the seizure of his property but then detained him for nearly four days.

On November 14, Rolando Rodriguez Lobaina, director of the independent press agency Palenque Vision, denounced that State Security agents broke into his home in broad daylight in the presence of his sons, sister, and brother-in-law, while he was away on travel. This was the fourth such break-in of his home within a year.

Cyprus

Section 1. Respect for the Integrity of the Person, Including Freedom from:

There were no reports that the government or its agents committed arbitrary or unlawful killings.

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices. There were reports, however, that police engaged in abusive tactics and degrading treatment of suspects and detainees. Members of ethnic and racial minorities were more likely to be subjected to such treatment.

In a report published on April 26, the Council of Europe’s Committee for the Prevention of Torture (CPT) noted persistent credible allegations of police mistreatment of detainees, including one allegation of sexual abuse of a woman received during the CPT’s 2017 visit. Three juvenile detainees reported officers kicked, punched, and hit them with clubs during questioning at the Limassol Central Police Station. The CPT found that persons detained by police, particularly foreigners, risked physical or psychological mistreatment at the time of apprehension, during questioning, and in the process of deportation.

During the year the ombudsman, who also acts as the country’s national preventive mechanism under the Optional Protocol to the UN Convention against Torture, received limited complaints of mistreatment and discriminatory and degrading behavior, including complaints of verbal, physical, and sexual abuse, from inmates in the Cyprus Prisons Department and in detention centers. The ombudsman reported most of the complaints were not substantiated. Overall, the ombudsman noted continued improvement in the treatment of prisoners and detainees in the Cyprus Prisons Department and in detention centers.

Prison and Detention Center Conditions

Prison and detention center conditions, including detention centers for asylum seekers and undocumented migrants pending deportation, did not meet international standards.

Physical Conditions: In its April report, the CPT recommended reducing the prison population in Blocks 1, 2, 5 and 8 of the Cyprus Prisons Department, where many cells did not have toilets and prisoners lacked reliable access to toilets at night. The CPT found conditions at the Cyprus Prisons Department admissions/gatehouse room, reportedly used for accommodating prisoners, to be degrading. The Ministry of Justice said the Cyprus Prisons Department only used the admissions/gatehouse room temporarily to accommodate one prisoner who demonstrated aggressive and self-harming behavior.

Prison authorities held juvenile pretrial detainees in cells separate from convicted juveniles, but the two groups shared the same grounds in their daily activities. Authorities reportedly held migrants detained on deportation orders together with detainees charged with criminal offenses in nearly all police stations. Such detentions are limited to a maximum of 48 hours.

The CPT reported a few allegations of physical abuse of detainees by staff at the Mennoyia Detention Center. It also reported several allegations of Cyprus Prisons Department staff physically abusing prisoners and threatening them with reprisals for making complaints.

The nongovernmental organization (NGO) Action for Equality, Support, and Antiracism (KISA) reported police treatment of detainees at Mennoyia Detention Center for undocumented migrants improved significantly compared with last year. The ombudsman also noted a decrease in complaints about treatment of detainees in Mennoyia Detention Center.

The ombudsman reported her officers regularly visited and discussed conditions in the prisons and detention centers with prisoners and inmates. The ombudsman noted a reduction in the number of irregular migrants detained at police stations and compliance with previous recommendations of the ombudsman to improve physical conditions of detention facilities in police stations.

Approximately 40 percent of prisoners in the Cyprus Prisons Department were non-Cypriots convicted for criminal offenses, such as immigration and drug-related offenses, thefts, sexual offenses, and road accidents. The CPT reported allegations of discrimination against foreign prisoners regarding access to education, health care, work, and recreation. Foreign prisoners did not have access to the semiopen and the open prison or the right to apply for parole.

The ombudsman reported some cases of migrants and asylum seekers detained for deportation even though there was no prospect they would be deported. A considerable number of detainees at the Mennoyia Detention Center were awaiting a decision on their request for international protection or for adjudication of their appeals against the rejection of their asylum applications. Unlike in previous years, the ombudsman and NGOs did not encounter cases of detainees deported before final adjudication of their asylum applications. An NGO reported, however, that instead of deporting detainees before final adjudication of their cases, immigration authorities pressured them to sign a voluntary return consent by threatening them with indefinite detention.

The Ministry of Justice reported it runs a substitution program that provides medicine to drug addicts at the Cyprus Prisons Department based on World Health Organization recommendations and under the supervision of the mental health-care services of the Ministry of Health.

Administration: The CPT raised concerns that insufficient resources and personal ties between accused police officers and investigators (most of whom were former police officers) weakened investigations into allegations of police abuse. Detention centers lacked facilities for religious observance, but religious representatives were permitted to visit inmates.

Independent Monitoring: The government permitted prison visits by independent human rights observers, and unrestricted and unannounced visits occurred during the year. The CPT visited the Cyprus Prisons Department in February 2017. The Committee on Human Rights and the Committee on Education and Culture of the House of Representatives also visited the prison. KISA visited the Mennoyia Detention Center multiple times during the year.

Improvements: The Cyprus Prisons Department increased its capacity from 528 to 566. Authorities added Block 3 to the female prison and fully renovated block 10A, which will receive its first inmates in 2019. Police renovated detention centers to increase natural light and airflow and added televisions in the five largest detention centers.

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, and the government generally observed these requirements.

ROLE OF THE POLICE AND SECURITY APPARATUS

Police enforce the law and combat criminal activity. Police report to the Ministry of Justice and Public Order. The president appoints the chief of police.

Civilian authorities maintained effective control over police, and the government has effective mechanisms to investigate and punish abuse. There were no reports of impunity during the year.

From January to October, the attorney general ordered the criminal prosecution of police officers in four cases. From January to October, police investigated 17 criminal cases against members of the police force.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law requires judicially issued arrest warrants, and authorities respected this requirement. Authorities may not detain a person for more than one day unless a court grants an extension. Most periods of investigative detention did not exceed 10 days before the filing of formal charges. Authorities promptly informed detainees of the charges against them in a language they could understand. The attorney general made efforts to minimize pretrial detention, especially in cases of serious crimes.

There is a system of bail. The government claimed the right to deport foreign nationals for reasons of public interest, regardless of whether criminal charges had been filed against them or they had been convicted of a crime. Trial delays were common and partially caused by lengthy legal procedures, which created a larger workload for the courts.

Detainees generally had access to an attorney. Detainees may speak to their attorney at any time, including before and during interrogation by police. The CPT reported that, in practice, police officers prevented detainees from contacting a lawyer until they had given a written statement. According to the CPT, representatives of the Cyprus Bar Association confirmed that a lawyer was not permitted to be present during police interviews. In criminal cases, the state provides indigent detainees with an attorney. To qualify for free legal aid, however, detainees first require a court decision confirming their financial need. The CPT noted this system inevitably delayed indigent detainees’ access to a lawyer.

The law and constitution provide for an independent judiciary, and the government generally respected judicial independence and impartiality.

TRIAL PROCEDURES

The law provides for the right to a fair and public trial, and an independent judiciary generally enforced this right.

Defendants enjoy a presumption of innocence. Officials informed defendants promptly and in detail of the charges against them. The constitution provides for fair and public trials without undue delay, and defendants have the right to be present and to consult with an attorney in a timely manner. Authorities provide an attorney for defendants who are unable to afford one and allow defendants adequate time and facilities to prepare a defense. Authorities provided free interpretation as necessary through all stages of the trial. Defendants have the right to confront prosecution or plaintiff witnesses and present evidence or witnesses on their behalf. Criminal defendants enjoy the right not to be compelled to testify or confess guilt. Defendants have the right to appeal.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

There is an independent and impartial judiciary in civil matters, permitting claimants to bring lawsuits seeking damages for or cessation of human rights violations, and citizens used this procedure. Individuals could appeal cases involving alleged human rights violations by the state to the European Court of Human Rights once they exhausted all avenues of appeal in domestic courts.

PROPERTY RESTITUTION

According to the law, the minister of interior is the guardian of the properties of Turkish Cypriots who have not had permanent residence in the government-controlled area since 1974. Ownership remains with the original owner, but the sale or transfer of Turkish Cypriot property under the guardianship of the minister requires the approval of the government. The minister has the authority to return properties to Turkish Cypriot applicants after examining the circumstances of each case. Owners can appeal the minister’s decisions to the Administrative Court.

During the year Turkish Cypriots filed 35 court cases with the Administrative Court seeking to reclaim property located in the government-controlled area. The Administrative Court issued three decisions during the year, two in favor of the minister of interior retaining control of the properties and one in favor of the Turkish Cypriot property owner.

The law prohibits such actions, and there were no reports that the government failed to respect these prohibitions.

Cyprus – the Area Administered by Turkish Cypriots

Section 1. Respect for the Integrity of the Person, Including Freedom from:

There were no reports the “government” or its agents committed arbitrary or unlawful killings.

There were no reports of disappearances by or on behalf of “government” authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The “law” prohibits such practices, but there were reports during the year that police abused detainees. The “law” does not refer to torture, which falls under the section of the “criminal code” that deals with assault, violence, and battery.

The “Attorney General’s Office” reported it received three complaints concerning police battery and use of force from January to September. The “Attorney General’s Office” reported a “court” case was filed for one of the complaints, and the other two were under investigation at year’s end.

In September a “court” found a police officer guilty of assault and battery for physically abusing a 67-year-old man arrested for the sexual assault of a mentally disabled 19-year-old man in 2016. According to reports, police beat the man in an effort to obtain his confession without informing him of the reason for his arrest. When the victim was later brought to identify the alleged attacker, police discovered they had detained the wrong person. The police officer was sentenced to two months in prison.

Prison and Detention Center Conditions

Prison and detention center conditions did not meet international standards in a number of areas, in particular for sanitary conditions, medical care, and food.

Physical Conditions: The area’s only prison, located in the northern part of Nicosia, has a stated capacity of 311. According to authorities, additional rooms were converted into cells and a bunkbed system was installed, which increased the capacity of the “Central Prison” to 480. As of September, it held 528 prisoners and pretrial detainees. Nongovernmental organizations (NGOs) and the ombudsman reported overcrowding remained a problem and that beds were stacked in the corridors at the “Central Prison.” The prison did not separate adults and juveniles, and there were no detention or correction centers for children. Due to lack of space, pretrial detainees and prisoners occupied the same cells.

In September police announced a 30-year-old detainee had committed suicide at a police station detention center in Kyrenia. Police reported the detainee used a lace from a pair of shorts his wife brought him while in custody to commit suicide. The detainee’s spouse released a statement claiming she never brought him a pair of shorts and accusing police of killing her husband. The detainee’s father told the press he also believed police killed his son. NGOs suspected police abuse contributed to the detainee’s death. The “Attorney General’s Office” began an investigation, which continued at year’s end.

NGOs said a lack of security cameras at detention centers and the “Central Prison” allowed police officers and prison guards to abuse detainees with impunity. NGOs also reported major problems in security, including violence between inmates and detainees. The ombudsman received complaints that detainees in the “Central Prison” did not receive sufficient food and that police detention centers lacked heating. NGOs reported that, because of a lack of official procedures at police detention centers, detainees frequently received no food while held, sometimes for longer than a day. In March the Turkish Cypriot Human Rights Foundation (TCHRF) criticized detention cells at the “Central Prison” and police stations, which it claimed were sometimes underground, very small, and lacked light and ventilation.

In January the Refugee Rights Association (RRA) reported sanitation remained a significant issue in the “Central Prison” and that inadequate water supply failed to meet inmates’ hygiene needs. The RRA reported authorities did not provide soap, which detainees and inmates had to purchase themselves.

NGOs reported that prison healthcare was inadequate, lacking medical supplies, a full-time doctor, and a sufficient number of social workers. Authorities reported a doctor visited the prison twice a week and was on call for emergencies. NGOs reported complaints about contagious diseases at the “Central Prison,” including HIV, hepatitis B, and hepatitis C. Authorities also reported there were a full-time psychologist and a dentist at the “Central Prison.”

Administration: Authorities did not conduct proper investigations of allegations of mistreatment at the “Central Prison.” Authorities reported receiving no complaints or allegations of mistreatment of prisoners or detainees at the “Central Prison.” Authorities stated facilities were available for Muslim prisoners and detainees to conduct their religious observance and that an imam visited the “Central Prison” on the religious days of Bayram. Authorities reported there were no facilities for religious observance for non-Muslim prisoners or detainees and that they received no requests for non-Muslim religious support.

Independent Monitoring: Authorities permitted prison monitoring by independent nongovernmental observers. Authorities reported foreign missions, local human rights NGOs, psychologist organizations, the “Fight against Drugs Commission,” and the press visited the “Central Prison.”

Improvements: Authorities reported implementing a rehabilitation pilot project for prisoners and detainees younger than age 21, with the aim of reintegrating them into the community.

The “law” prohibits arbitrary arrest and detention and provides for the right of any person to challenge his/her arrest or detention in court, and authorities generally observed these prohibitions.

ROLE OF THE POLICE AND SECURITY APPARATUS

Police are responsible for enforcement of the “law.” The “chief of police” reports to a “general,” who is nominally under the supervision of the “Prime Ministry,” which holds the “security portfolio.” Police and Turkish Cypriot security forces are ultimately under the operational command of the Turkish armed forces, as provided by the “TRNC constitution,” which “temporarily” cedes responsibility for public security and defense to Turkey.

On January 23, local press outlets reported police officials failed to intervene effectively when a protest against the Afrika newspaper turned violent (see section 2.a.).

Police and other Turkish Cypriot security forces generally cooperated with civilian authorities and were effective in enforcing the “law.” The “Attorney General’s Office” worked with the police inspection division (or occasionally the criminal investigative division) to investigate allegations of police misconduct. There were no reports of impunity involving the security forces during the year.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Judicial warrants are required for arrests. According to the “law,” police must bring a detained person before a “judge” within 24 hours of arrest. Police can then keep the detainee in custody for up to three months, but a “judge” must review the detention after the third day and every eight days thereafter. Authorities generally respected this right and usually informed detainees promptly of charges against them, although they often held individuals believed to have committed a violent offense for longer periods without charge. Bail may be granted by the “courts” and was routinely used. “Courts” confiscated detainees’ passports pending trial. Authorities usually allowed detainees prompt access to family members and a lawyer of their choice, but NGOs noted cases in which authorities prevented detainees from seeing a lawyer. Authorities provided lawyers to the indigent only in cases involving violent offenses.

Police sometimes did not observe legal protections, particularly at the time of arrest. Contrary to the “law,” some “courts” did not permit suspects to have their lawyers present when giving testimony. Suspects who demanded the presence of a lawyer were sometimes physically intimidated or threatened with stiffer charges.

According to the TCHRF, during the detention review process officials pressure the detainee to sign a confession in order to be released on bail. It cited situations in which police used the threat of prolonged detention to induce detainees to plead guilty. The TCHRF commented that the absence of cameras or voice recorders and the lack of a requirement that a lawyer be present during questioning created an atmosphere in which police coerced detainees into signing or physically abused them until they signed statements admitting their guilt.

In January a suspect arrested for driving while intoxicated complained that police broke both his arms at the Iskele police station. Police accused the detainee of causing his own injuries and claimed to have video evidence but failed to produce it when requested by the suspect’s lawyer. The detainee filed a case against two police officers for abuse during his arrest. According to the “Attorney General’s Office,” the “Police General-Directorate” launched an investigation into the incident, which continued at year’s end.

According to the “TRNC constitution,” indicted detainees and prisoners have the fundamental right of access to “legal” representation. A lawyer said the “Central Prison Regulation” prohibits sentenced individuals in solitary confinement from meeting with a lawyer without the “Prison Director’s” permission. The “Prison Director” may deny the visit without providing a justification. According to the TCHRF, when the prison authorities want a detainee, indicted individual, or prisoner not to speak or meet with his or her family or lawyer, they commonly threatened to punish the individual with solitary confinement.

The “law” provides for an independent judiciary, and authorities generally respected judicial independence and impartiality.

Most criminal and civil cases begin in district “courts,” from which appeals are made to the “Supreme Court.” Civilian “courts” have jurisdiction in cases where civilians face charges of violating military restrictions, such as filming or photographing military zones.

TRIAL PROCEDURES

The “law” provides for the right to a fair and public trial, and independent judicial authorities generally enforced this right.

Defendants enjoy a presumption of innocence. Various NGO representatives and human rights lawyers noted defendants did not fully enjoy the right to be informed promptly and in detail of the charges against them. The “constitution” provides for fair, timely, and public trials; the defendant’s right to be present at those trials; and the defendant’s right to consult with an attorney in a timely manner. Criminal defendants enjoyed the right to adequate time and facilities to prepare a defense.

There was insufficient free interpretation for some languages and insufficient professional translation in “courts.” Lawyers reported there are only two official interpreters in the “TRNC court” system, and as a result in some cases lawyers acted as interpreters. Authorities haphazardly recruited nonprofessional translators who did not translate everything said during proceedings. Insufficient translation also delayed hearings and prolonged defendants’ detention. Defendants may question prosecution witnesses and present evidence and witnesses on their behalf. They cannot be compelled to testify or confess guilt, and have a right to appeal.

POLITICAL PRISONERS AND DETAINEES

There were reports of detention of persons with alleged ties to the so-called “Fethullah Gulen Terrorist Organization (FETO)” and the deportation to Turkey of Turkish citizens purportedly affiliated with “FETO.”

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Individuals or organizations may seek civil remedies for human rights violations through domestic “courts.” After exhausting local remedies, individuals and organizations may appeal adverse decisions that involve human rights to the European Court of Human Rights (ECHR).

PROPERTY RESTITUTION

Greek Cypriots continued to pursue property suits in the ECHR against the Turkish government for the loss of property located in the area administered by Turkish Cypriot authorities since 1974.

A property commission handles claims by Greek Cypriots. As of October, claimants had filed 6,485 applications with the commission, 922 of which were concluded through friendly settlements and 315 through formal hearings. The commission has paid more than 292 million British pounds ($378 million) in compensation to applicants.

The “law” prohibits such actions. There were reports that police subjected Greek Cypriots and Maronites living in the area administered by Turkish Cypriot authorities to surveillance. Although authorities reported otherwise, a Maronite representative asserted that during the year the Turkish armed forces occupied 18 houses in the Maronite village of Karpasia.

Czech Republic

Section 1. Respect for the Integrity of the Person, Including Freedom from:

There were no reports that the government or its agents committed arbitrary or unlawful killings.

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits such practices. In September the Czech General Inspection of Security Forces (GIBS) investigated two police officers from Ceske Budejovice, who were later charged with felonies for torturing a 32-year-old handcuffed Romani man and forcing him to confess to a crime he did not commit. The case was pending.

The public defender of rights, or ombudsperson, also criticized police regarding excessive use of power by a police officer leading to the death of a mentally disabled patient who started acting uncontrollably at a hospital. The officer used a taser, which in combination with two sedative injections caused the death of the patient.

Prison and Detention Center Conditions

High prison populations and overcrowding, poor sanitary conditions in some prisons, cases of mistreatment of inmates, and generally unsatisfactory conditions for inmates with physical or mental disabilities remained the main concerns during the year.

Conditions in migrant detention facilities run by the government improved as the number of migrants from the Middle East, Africa, and Asia entering the country significantly decreased. Children remained with their families in one detention facility for irregular migrants but were able to leave the facility when accompanied by staff. International observers criticized the length of detention for families with children, as it took weeks on average to adjudicate a case.

Physical Conditions: Prison overcrowding was a problem. Facilities for prisoners serving their sentences were at almost 105 percent of capacity in the first seven months of the year in prisons for men. There was no overcrowding in prisons for women.

According to the Czech Prison Service, there were 34 deaths in prisons and detention facilities in 2017, of which 10 were suicides and eight were still under investigation. The rest were due to natural causes.

The ombudsperson reported that, in general, prison conditions noticeably improved, but conditions of imprisonment for convicts with physical or mental disabilities remained unsatisfactory. She also noted inadequate prison health care standards due to a lack of physicians motivated to work in prisons.

In January the regional court confirmed one- and one-and-a-half year suspended sentences for three police officers for degrading treatment of a female detainee who was under the influence of alcohol.

Administration: Public prosecutors are responsible for regular prison visits, a circumstance that was welcomed by the ombudsperson. The ombudsperson investigated credible allegations of inhuman conditions and made random checks.

Independent Monitoring: The government permitted independent monitoring of prison conditions by local and international human rights groups and by the media. The ombudsperson raised concerns, however, about the refusal of police to allow a monitoring officer to accompany expelled foreigners in escort vehicles as provided by the law.

Improvements: The Prison Service established a transparent system for relocating convicts to prisons closer to their homes. In August the Ministry of Justice increased salaries of working prisoners for the first time in 18 years.

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of their arrest or detention in court. The government generally observed these requirements.

ROLE OF THE POLICE AND SECURITY APPARATUS

The national police report to the Ministry of Interior and are responsible for enforcing the law and maintaining public order, including protecting the border and enforcing immigration law. The GIBS, which reports to the Office of the Prime Minister, oversees police, customs, fire fighters, and the prison service, and is responsible for investigating allegations of misconduct. The Ministry of Defense oversees the Army of the Czech Republic. GIBS inspectors investigated allegations of criminal misconduct and carried out “integrity tests,” or sting operations, to catch violators in action. In 2017 inspectors opened proceedings in 251 cases nationwide.

Corruption remained a problem among law enforcement bodies and the most common forms of corruption were leaking information for payments; unauthorized use of law enforcement databases, typically searching for derogatory information; unlawful influencing of law enforcement procedures; blackmail; allowing prohibited items into prisons; and accepting bribes to for traffic offenses. The GIBS reported that the decrease of numbers of corruption crimes since 1994 may reflect a shift of criminal activities to cyberspace.

In March the GIBS charged a customs officer and a civilian employee of the Czech Customs Service for indirect bribery and misuse of public official power for trying to influence the customs proceedings for financial benefit.

Civilian authorities maintained effective control over the Ministry of Interior, the GIBS, and the Army, and the government has effective mechanisms to investigate and punish abuse. There were no reports of impunity involving the security forces during the year.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

In most cases police use judicial warrants to arrest persons accused of criminal acts. Police may make arrests without a warrant when they believe a prosecutable offense has been committed, when they regard arrest as necessary to prevent further offenses or the destruction of evidence, to protect a suspect, or when a person refuses to obey police orders to move.

Police must refer persons arrested on a warrant to a court within 24 hours. A judge has an additional 24 hours to decide whether to continue to hold the individuals. For suspects arrested without a warrant, police have 48 hours to inform them of the reason for the arrest, question them, and either release them or refer them to a court, after which a judge must decide within 24 hours whether to charge them. Authorities may not hold detainees for a longer period without charge.

The law provides for bail except in cases of serious crimes or to prevent witness tampering. A defendant in a criminal case may request a lawyer immediately upon arrest. If a defendant cannot afford a lawyer, the government provides one. The court determines whether the government partially or fully covers attorneys’ fees. Authorities generally respected these rights.

The law provides for an independent judiciary, and the government generally respected judicial independence and impartiality. In most instances authorities respected court orders and carried out judicial decisions.

TRIAL PROCEDURES

The law provides for the right to a fair and public trial, and an independent judiciary generally enforced this right.

Defendants enjoy the right to a presumption of innocence and the right to receive prompt and detailed information about the charges against them (with free interpretation as necessary). They have the right to a fair and public trial without undue delay, the right to be present at their trial, and the right to communicate with an attorney of their choice or have one provided at public expense if they are unable to pay. They generally have adequate time and facilities to prepare a defense and have the right to free interpretation as necessary from the moment charged through all appeals. Defendants have the right to confront prosecution or plaintiff witnesses and present their own witnesses and evidence. They cannot be compelled to testify or confess guilt. Convicted persons have a right of appeal.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

The constitution provides for a separate, independent judiciary in civil matters and for lawsuits seeking remedies for human rights violations. Available remedies include monetary damages, equitable relief, and cessation of harmful conduct. Nongovernmental organizations (NGOs) reported increased coherence between criminal and civil procedures that simplified the process for victims, although remedies and relief still required a lengthy legal process and were difficult to obtain, particularly for members of disadvantaged groups, such as the Romani minority. Plaintiffs may appeal unfavorable rulings that involve alleged violations of the European Convention on Human Rights to the European Court of Human Rights. Administrative remedies are also available.

The law recognizes children, persons with disabilities, victims of human trafficking, and victims of sexual and brutal crimes as the most vulnerable populations. It lists the rights of crime victims, such as to claim compensation and access to an attorney.

PROPERTY RESTITUTION

The law provides for restitution of private property confiscated under the communist regime as well as restitution of, or compensation for, Jewish property seized during the Nazi era. Although it was still possible during the year to file claims for artwork confiscated by the Nazi regime, the claims period for other types of property had expired. The law allows for restitution and compensation for property of religious organizations, including Jewish religious communities, confiscated under the communist regime. Churches are also to receive compensation of 59 billion Czech korunas ($2.4 billion) for property that is not returnable. The law requires that the state pay compensation over a period of 30 years while simultaneously phasing out state subsidies for registered religious groups over a 17-year period.

The government has laws and mechanisms in place, and local NGOs and advocacy groups reported that the government made significant progress on resolution of Holocaust-era claims, including for foreign citizens, although outstanding claims remain. Some NGOs outside the country continued to push for more progress, particularly on the disposition of heirless property and complex cases involving non-Czech citizens.

The law prohibits such actions, and there were no reports that the government failed to respect these prohibitions.

Democratic Republic of the Congo

Section 1. Respect for the Integrity of the Person, Including Freedom from:

There were numerous reports the government or its agents committed arbitrary or unlawful killings.

The state security forces (SSF) committed arbitrary or unlawful killings in operations against RMGs in the east and in the Kasai region (see section 1.g.). According to the UN Joint Office of Human Rights (UNJHRO), security forces were responsible for 389 extrajudicial killings across the country as of year’s end. Many of these extrajudicial killings occurred in the Kasais, where the SSF fought Kamuina Nsapu and other antigovernment militias. RMGs were responsible for at least 780 summary executions.

On January 21 and February 25, security forces used lethal and disproportionate force to disrupt protests led by Roman Catholic and some Protestant church leaders in support of credible elections and implementation of the December 2016 Agreement. During the two days of protests, UN observers and others witnessed members of the Republican Guard and other members of security forces fire directly at protesters, resulting in seven deaths on January 21 and two on February 25. Among those killed on January 21 was Therese Kapangala, a 24-year-old studying to become a nun, who was shot and killed outside her church in a Catholic parish in Kinshasa. During protests organized by the Catholic Lay Committee on February 25, state security forces killed two persons, including local human rights activist Rossy Mukendi Tshimanga, who was shot by a rubber bullet inside a church compound. From August 3 to 7, the SSF used tear gas and live bullets to disperse protests, resulting in the deaths of three persons, including two children, and the injury of at least two persons by police.

In March a joint report by the UN human rights office in Kinshasa (JHRO) and the UN Office of the High Commissioner for Human Rights (OHCHR) covering January 2017 through January stated that the SSF used illegal, systematic, and disproportionate force against protesters, resulting in 47 civilian deaths. On November 12 and 15, police were responsible for the deaths of two students who were protesting against a teachers’ strike at the University of Kinshasa.

On July 4, the OHCHR released a report on abuses in the Kasais region that accused RMGs Kamuina Nsapu and Bana Mura and the SSF of war crimes and crimes against humanity. Based on interviews with 524 persons, the experts’ report accused the military of cooperation with Bana Mura militia and an excessively violent response to conflict in the region, particularly the 2101st Regiment that was redeployed to Kananga from North Kivu in 2007 when it was part of the Fifth Integrated Brigade. The report estimated that the conflict, which was most violent in 2017, resulted in “thousands of deaths and a disastrous human rights situation” and displaced 1.4 million persons. Among other incidents, the report documented an SSF attack in May 2017 in Tshikulu that resulted in the summary execution of at least 79 civilians, including at least 19 children. On September 15, a regional civil society development network in the Kasai region released a report stating that in March 2017 the SSF killed 264 civilians in the village of Nganza during antimilitia operations.

RMGs committed arbitrary and unlawful killings throughout the year (see section 1.g.). Numerous armed groups recruited and used children as soldiers and human shields and targeted the SSF, members of the government, and others.

There were reports of disappearances attributable to the SSF during the year. Authorities often refused to acknowledge the detention of suspects and in several cases detained suspects in unofficial facilities, including on military bases and in detention facilities operated by the National Intelligence Agency (ANR). The whereabouts of some civil society activists and civilians arrested by the SSF remained unknown for long periods.

RMGs kidnapped numerous persons, generally for forced labor, military service, or sexual slavery. Many of these victims disappeared (see section 1.g.). In July the UN Organization Stabilization Mission in the DRC (MONUSCO) confirmed that 66 persons were previously kidnapped in Kasai Province by the Bana Mura, a RMG supported by the government, and used as sexual slaves. The kidnapped included two women, 49 girls, and 15 boys who had been in captivity since as early as April 2017. The government denied the findings, claiming the information was false.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law criminalizes torture, but there were credible reports that the SSF continued to torture civilians, particularly detainees and prisoners. In November the British nongovernmental organization (NGO) Freedom from Torture reported that torture was widespread both inside and outside conflict zones in DRC. It had accumulated witness testimony of almost 900 cases of torture from DRC, including 74 cases from 2013 to 2018. The report states, “Torture is used predominantly as a form of punishment for political and human rights activism, and as a deterrent against future involvement.” Throughout the year activists circulated videos of police beating unarmed and nonviolent protestors.

As of October 10, the United Nations reported that it had received 15 allegations of sexual exploitation and abuse against military, police, and civilian personnel deployed with MONUSCO during the year. Of these cases, 11 involved allegations of an exploitative relationship; three involved allegations of transactional sex; two involved the alleged rape of a child, and one involved sexual assault. As of October 10, all investigations were pending. The United Nations also reported that Bangladeshi peacekeepers were involved in sexual exploitation and abuse while deployed in MONUSCO from 2015 to 2017. The peacekeepers in question were repatriated by the United Nations, and investigations by Bangladeshi government were pending at the end of the year.

The United Nations reported that during the year it received one allegation of sexual exploitation and abuse against a peacekeeper from the DRC while he was deployed in United Nations Multidimensional Integrated Stabilization Mission in the Central Africa Republic. The case alleged rape of a minor. Investigations by both the United Nations and the DRC were still pending as of year’s end. Twenty-six allegations reported prior to 2018 remained pending, in many cases awaiting additional information by the DRC. The cases included 17 allegations of sexual exploitation and abuse of minors.

Prison and Detention Center Conditions

Conditions in most prisons throughout the country worsened during the year, aggravating the already harsh and life threatening conditions due to food shortages, gross overcrowding, and inadequate sanitary conditions and medical care. Even harsher conditions prevailed in small detention centers run by the ANR, Republican Guard (RG), or other security forces, which often detained prisoners for lengthy pretrial periods without access to family or legal counsel. Some civil society activists arrested in Kinshasa were reportedly held in an underground cell operated by the RG at a military camp.

Physical Conditions: Serious threats to life and health were widespread and included violence (particularly rape); food shortages; and inadequate potable water, sanitation, ventilation, temperature control, lighting, and medical care. Poor ventilation subjected detainees to extreme heat. Central prison facilities were severely overcrowded, with an estimated occupancy rate of 200 percent of capacity. For example, Makala Central Prison in Kinshasa, which was constructed in 1958 to house 1,500 prisoners, held as many as 8,500 inmates during the year. In September, Radio Okapi reported there were 7,400 inmates at Makala. Authorities generally confined men and women in separate areas but often held juveniles with adults. Women were sometimes imprisoned with their children. In July local NGO Rural Action for Development reported that 13 infants suffered from malnutrition and other diseases due to poor conditions while held with their mothers in Munzenze Prison in Goma. Authorities rarely separated pretrial detainees from convicted prisoners.

Because inmates had inadequate supplies of food and little access to water, many relied exclusively on relatives, NGOs, and church groups to bring them sustenance. The United Nations reported 223 individuals died in detention during the year, a 10-percent increase compared with the 201 deaths recorded in 2017. These resulted from malnutrition, poor hygienic conditions, and lack of access to proper medical care. From January to June, cholera and tuberculosis epidemics aggravated the already overcrowded and unsanitary conditions, leading to a 20 percent increase in deaths in detention compared with the same period in 2017. In July, five prisoners died from severe diarrhea and malnutrition due to poor sanitation and inadequate medical services in Tshela Prison in Kongo Central. In January, MONUSCO reported that 57 inmates in Manono Prison in Tanganyika Province suffered from malnutrition and that prisoners had endured 10-14 days without food.

Most prisons were understaffed, undersupplied, and poorly maintained, leading to corruption and poor control of the prison population that contributed to prison escapes. On March 21, media reported that two police officers were sentenced to life in prison by a military court for their involvement in a March 18 prison break in Lubumbashi, Haut Katanga province. The United Nations reported that at least 801 individuals escaped detention centers during the year, a significant decrease from the number of 5,926 escapees in 2017.

Authorities often arbitrarily beat or tortured detainees. On September 13, police arrested seven members of the local civil society group Les Congolais Debout! (Congolese Awake!) at the University of Kinshasa while they were campaigning against the use of voting machines on grounds that the seven were carrying out political activities in what is supposed to be an apolitical environment. After reportedly being beaten, whipped, and forced to clean toilets with bare hands while in police custody, their attorney said they were transferred to an ANR cell and, as of November 15, remained in detention without charges.

RMGs detained civilians, often for ransom, but little information was available concerning detention conditions (see section 1.g.).

Administration: Some prison directors could only estimate the numbers of detainees in their facilities. The International Committee of the Red Cross (ICRC) visited an unknown number of prisoners. Authorities denied access to visitors for some inmates and often did not permit inmates to contact or submit complaints to judicial authorities. Directors and staff generally ran prisons for profit, selling sleeping arrangements to the highest bidders and requiring payment for family visits.

Independent Monitoring: The government regularly allowed the ICRC, MONUSCO, and NGOs access to official detention facilities maintained by the Ministry of Interior but consistently denied access to facilities run by the RG, ANR, and the intelligence services of the military and police.

The law prohibits arbitrary arrest or detention, but both the SSF and RMGs routinely arrested or detained persons arbitrarily (see section 1.e.).

ROLE OF THE POLICE AND SECURITY APPARATUS

The Congolese National Police (PNC) operates under the Ministry of Interior and has primary responsibility for law enforcement and public order. The PNC includes the Rapid Intervention Police and the Integrated Police Unit. The ANR, overseen by the presidency, is responsible for internal and external intelligence. The Armed Forces of the Democratic Republic of the Congo (FARDC) and the military intelligence service operate under the control of the Ministry of Defense and are primarily responsible for external security but in reality focus almost exclusively on internal security. The presidency oversees the RG, and the Minister of Interior oversees the Directorate General for Migration, which, together with the PNC, are responsible for border control. Military magistrates are responsible for the investigation and prosecution of all crimes allegedly committed by SSF members, whether or not committed in the line of duty. Civilians may be tried in military tribunals if charged with offenses involving firearms. The military justice system often succumbed to political and command interference, and security arrangements for magistrates in areas affected by conflict were inadequate. Justice mechanisms were particularly ineffective for addressing misconduct by mid- and high-ranking officials due to a requirement the judge of a military court must outrank the defendant.

Elements of the SSF were undisciplined and corrupt. According to the United Nations, state agents were responsible for 61 percent of the human rights violations documented during the year. PNC and FARDC units regularly engaged in illegal taxation and extortion of civilians. They set up checkpoints to collect “taxes,” often stealing food and money and arresting individuals who could not pay bribes. The FARDC suffered from weak leadership, poor operational planning, low administrative and logistical capacity, lack of training, and questionable loyalty of some of its soldiers, particularly in the East. Nonprofit organizations and the United Nations reported regular instances of extortion, sexual-based violence, including gang rape, arbitrary arrests, and violent assaults by the SSF on Congolese migrants and expelled refugees returning from Angola in October.

Although the military justice system convicted some SSF agents of human rights abuses, impunity remained a serious problem. The government maintained joint human rights committees with MONUSCO and used available international resources, such as the UN-implemented technical and logistical support program for military prosecutors as well as international NGO-supported mobile hearings.

Military courts convicted some SSF agents of human rights violations. The United Nations reported that the government convicted at least 120 FARDC soldiers and 66 PNC officers for crimes constituting human rights violations during the year. On July 26, the mobile High Military Court in Bukavu sentenced on appeal three convicted high-ranking FARDC officers for various crimes against humanity: Colonel Julius Dhenyo Becker to two years in prison, a sentence that observers criticized for its relative leniency; Lieutenant Colonel Maro Ntuma to 20 years in prison for conviction of crimes including murder; and Colonel Bedi Mobuli to life in prison for conviction of crimes against humanity and crimes of war, including rape and murder. On October 20, the Military Tribunal of Ituri convicted and sentenced Sergeant Bienvenue Mugisa Akiki to death for the October 16 murder of four civilians in Djugu territory of Ituri Province.

The trial continued for individuals accused of involvement in the March 2017 killings of UN experts Michael Sharp and Zaida Catalan. After a delay of several months, the military prosecution began to call key suspects to testify, and, on December 7, arrested a military colonel and announced he was a suspect in the killings. Other key suspects have been called to testify although not all have been apprehended.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

By law arrests for offenses punishable by more than six months’ imprisonment require warrants. Detainees must appear before a magistrate within 48 hours. Authorities must inform those arrested of their rights and the reason(s) for their arrest, and they may not arrest a family member in lieu of the suspected individual. Authorities must allow arrested individuals to contact their families and consult with attorneys. Security officials, however, routinely violated all of these requirements.

While the law provides for a bail system, it generally did not function. Detainees who were unable to pay were rarely able to access legal counsel. Authorities often held suspects incommunicado, including in unofficial detention centers run by the ANR, military intelligence, and the RG, and refused to acknowledge these detentions.

Prison officials often held individuals longer than their sentences due to disorganization, inadequate records, judicial inefficiency, or corruption. Prisoners unable to pay their fines often remained indefinitely in prison (see section 1.e.).

In 2014 the PNC issued a decree reforming arrest and detention procedures. The decree required the PNC to verify facts before arresting individuals, separate men from women, and provide sanitary detention centers. Some improvements in recently rehabilitated detention centers were noted although authorities did not consistently implement the decree, including the holding of men and women together.

Arbitrary Arrest: Security personnel arrested and detained numerous civil society activists, journalists, and opposition party members who criticized the government, occasionally under the pretext of state security, and often denied them due process, such as access to an attorney (see sections 1.a., 2.a., and 5). Throughout the year security forces regularly held protestors and civil society activists incommunicado and without charge for extended periods. The United Nations reported the SSF arbitrarily arrested at least 2,933 persons across the country from January through August. In September the UNJHRO reported that at least 561 women were victims of arbitrary arrest from January through August.

In November 2017 civil society activist and member of the opposition Union for Democracy and Social Progress (UDPS) party Christian Lumu, was arrested and then transferred to an ANR detention cell. He was held without charge and on November 28, was transferred to a military prison where he remained as of December 31. Witnesses stated that he received electric shocks and was beaten while in detention.

On January 21, more than 100 persons were arbitrarily arrested across the country according to the United Nations, for participation in peaceful demonstrations organized by Catholic and some Protestant church leaders in support of credible elections and implementation of the December 2016 Agreement. On February 25, the United Nations reported that at least 7,194 persons were arbitrarily arrested during protests organized by the Catholic Lay Association. The United Nations reported at least 89 persons, including one minor, were arrested and kept under preventive detention during protests organized in support of opposition politician Moise Katumbi in Lubumbashi and Kasumbalesa in Haut Katanga province on August 3-7.

Police sometimes arbitrarily arrested and detained persons without filing charges to extort money from family members or because administrative systems were not well established.

Pretrial Detention: Prolonged pretrial detention, ranging from months to years, remained a problem. NGOs estimated that at least three quarters to four-fifths of the prison population was in pretrial detention. Judicial inefficiency, administrative obstacles, corruption, financial constraints, and staff shortages also caused trial delays. On September 15, a report by the regional civil society development network CRONGD documented that, of 461 persons arrested in March 2017 on suspicion of RMG involvement, 44 were in detention without charge.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Detainees are entitled to challenge in court the legal basis or arbitrary nature of their detention; however, few were able to obtain prompt release and compensation.

Amnesty: A total of 148 persons were released following the signing of four executive orders by the minister of justice in January and February. Two of the executive orders applied the law on amnesty of 2014 (43 persons released) and the two others granted conditional release to persons sentenced for participation in an insurrectional movement, war crimes, and political offenses.

On December 29, Justice Minister Alexis Thambwe Mwamba announced the pardon of “several hundred” prisoners for the New Year and said these individuals would be released. The prisoners were not released by year’s end.

Although the law provides for an independent judiciary, the judiciary was corrupt and subject to influence. Officials and other influential individuals often subjected judges to coercion. On August 16, the minister of justice claimed to have issued an international arrest warrant for businessman and opposition politician Moise Katumbi, who was convicted in 2015 of real estate fraud despite a Catholic Council of Bishops (CENCO) 2017 report concluding that the SSF pressured judicial officials to convict him. It was not clear that any warrant was actually issued. CENCO also concluded that a similar property fraud case against opposition member and businessman Jean-Claude Muyambo was equally unfounded and amounted to “judicial harassment.” Muyambo, who claimed to have permanent damage to his foot following beatings during his arrest in 2015, was sentenced to five years in prison in 2017 and ordered to pay 1,580,000 Congolese francs ($9,900) in damages for conviction of breach of trust and illegal retention of documents. Muyambo was among the prisoners slated to be released by the justice ministry on December 30, but he remained in prison at year’s end.

A shortage of judges hindered the government’s ability to provide expeditious trials, and judges occasionally refused transfers to remote areas where shortages were most acute because the government could not support them there. Authorities routinely did not respect court orders. Disciplinary boards created under the High Council of Magistrates continued to rule on numerous cases of corruption and malpractice each month. Many of these rulings included the firing, suspension, or fining of judges and magistrates. One judge on the High Council said its March investigation into corruption concluded that 250 magistrates were guilty of counterfeiting, including fake diplomas, and failure to pass the recruitment test.

A recruitment drive during the year, however, increased to 3,000 the number of military and civilian judges, and in July the minister of justice announced the recruitment of appellate court judges throughout the country. That same month, three members of the nine-member constitutional court were inducted, including one advisor to the president and another prominent member of the president’s ruling party.

TRIAL PROCEDURES

The constitution provides for a presumption of innocence, but this was not always observed. Authorities are required to inform defendants promptly and in detail of the charges against them, with free interpretation as necessary, but this did not always occur. The public may attend trials at the discretion of the presiding judge. Defendants have the right to a trial within 15 days of being charged, but judges may extend this period to a maximum of 45 days. Authorities only occasionally abided by this requirement. The government is not required to provide counsel in most cases, with the exception of murder trials. While the government regularly provided free legal counsel to indigent defendants in capital cases, lawyers often did not have adequate access to their clients. Defendants have the right to be present and to have a defense attorney represent them. Authorities occasionally disregarded these rights. Authorities generally allowed adequate time to prepare a defense, although there were few resources available. Defendants have the right to confront witnesses against them and to present evidence and witnesses in their own defense, but witnesses often were reluctant to testify due to fear of retaliation. Defendants are not compelled to testify or confess guilt. Defendants have the right to appeal, except in cases involving national security, armed robbery, and smuggling, which the Court of State Security usually adjudicates. These rights extend to all citizens.

POLITICAL PRISONERS AND DETAINEES

There were numerous reports of political prisoners and detainees. Authorities charged political prisoners with a variety of offenses, including offending the person or threatening the life of the head of state, inciting tribal hatred or civil disobedience, spreading false rumors, treason, and attacking state security. While the government permitted international human rights and humanitarian organizations and MONUSCO access to some of these prisoners, authorities always denied access to detention facilities run by the RG, military intelligence, and the ANR (see section 1.c.).

As of year’s end, the United Nations estimated that at least 71 persons were held in detention for their political opinions or legitimate citizens’ activities, although the United Nations reported that many more persons deemed political prisoners might be held in unreported locations. A local NGO, Congolese Association for Access to Justice (ACAJ), reported at the UN Security Council on November 13 that 54 political prisoners were in detention. On September 25, a court sentenced activists Carbone Beni and three other members of the citizen movement Filimbi to 12 months in prison for offenses against the head of state, undermining state security, and distributing subversive material. They were originally arrested in December 2017 following advocacy for peaceful protests organized by the Catholic Church in support of the December 2016 Agreement and credible elections. They were held without charge in ANR cells for nearly six months before they were taken to the Prosecutor General’s Office in Kinshasa for questioning and transferred to Makala Prison. Observers criticized the proceedings for presenting confessions obtained under duress and for fabricating evidence. An international human rights NGO stated that police and intelligence agents beat the Filimbi members while they were in detention and during interrogation. On December 25, Beni and the three other Filimbi members were released for time served.

On July 16, Justice Minister Alexis Thambwe announced the government had liberated 4,019 prisoners as part of the December Agreement’s “confidence building” measures. Most of the prisoners, however, were released some time earlier under the terms of the 2013 Nairobi agreement between rebel group M23 and the government and were not political prisoners.

In August, four civil society activists who were arrested in July 2017 for attempting to march and deliver a letter to the Lubumbashi Independent National Electoral Commission (CENI) office were convicted of disturbing the peace and sentenced to eight months in prison. In November 2017 a fifth member of this group, NGO activist and human rights lawyer Timothee Mbuya, was convicted of provocation and incitement of disobedience and sentenced to 12 months in prison. Mbuya served six months in jail before he was released on February 13 while the four other activists were released shortly before him.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Individuals may seek civil remedies for human rights violations within the civil court system. Most individuals, however, preferred to seek redress in the criminal courts.

Although the law prohibits arbitrary interference with privacy, family, home, or correspondence, the SSF routinely ignored these provisions. The SSF harassed and robbed civilians, entered and searched homes and vehicles without warrants, and looted homes, businesses, and schools. The United Nations previously reported that FARDC soldiers conducted door-to-door searches in the Nganza commune of Kananga, Kasai Central Province, in March 2017 looking for suspected Kamuina Nsapu militia sympathizers. The OHCHR report on the Kasais released in July attributed 89 civilian deaths, including at least 11 children, to the March 2017 FARDC operation (See 1.a.).

Conflicts continued in parts of eastern DRC, particularly in the provinces of North Kivu, South Kivu, Tanganyika, Ituri, Upper Uele, Lower Uele, and provinces in the Kasai region (Kasai Central, Kasai, Kasai Oriental, Sankuru, and Lomami provinces). Foreign RMGs, such as the Democratic Forces for the Liberation of Rwanda (FDLR), the Allied Democratic Forces/National Army for the Liberation of Uganda (ADF/NALU), the National Forces of Liberation, and the Lord’s Resistance Army (LRA), as well as indigenous RMGs such as various Mai Mai (local militia) groups, Kamuina Nsapu, and the Bana Mura continued to perpetrate violence against civilians.

Conflict among armed groups caused significant population displacement and led to many human rights violations. In North Kivu, the Nduma Defense of Congo–Renewal (NDC-R), Mai Mai Mazembe, the Alliance of Patriots for a Free and Sovereign Congo (ALPCS), the FDLR, as well as a host of smaller armed groups fought among themselves and caused significant population displacements as they fought over territory. In June the UN Group of Experts (UNGOE) reported that the SSF worked in coordination with armed groups, including by supplying materials, to foster conflict among armed groups in North Kivu. The UNGOE reported that FARDC and NDC-R commanders regularly conferred informally to discuss attacks on other armed groups. In July, however, the FARDC launched a significant offensive against the NDC-R.

By impeding humanitarian aid and development assistance in some areas, the fighting in the east exacerbated an already severe humanitarian crisis. There were credible reports that local authorities also impeded humanitarian assistance and used force to expel the populations in three internally displaced persons (IDP) camps in Tanganyika Province, where thousands of persons were displaced by violence between the Twa and Luba communities. In Djugu territory in Ituri, the PNC and FARDC prevented humanitarian aid from accessing a significant percentage of the territory where a series of community attacks took place.

There were credible reports that the SSF and RMGs perpetrated serious human rights violations and abuses during internal conflicts. These RMGs included the ALPCS, the ADF, the FDLR, the Forces of the Patriotic Resistance of Ituri (FRPI), the LRA, various ethnic Hutu factions of Nyatura, the Nduma Defense of Congo, Raia Mutomboki, Kamuina Nsapu, Bana Mura, ethnic Tshokwe and Pende militias, several Burundian antigovernment militias, and the following Mai Mai groups, Mazembe, Charles Shetani, and William Yakutumba, among others. Bakata Katanga leader Gedeon Kyungu Mutunga, who in 2009 was convicted in a national court for crimes against humanity but escaped from prison in 2011, surrendered to the government in 2016 and remained under a form of government-supported house arrest as of year’s end instead of being returned to prison. The government took no steps to hold him accountable.

The United Nations reported that the Kamuina Nsapu militia, based in the central Kasai region, carried out targeted killings of members of the military, police, public officials, and civilians perceived to cooperate with them (see section 1.a.). On July 4, the OHCHR released a report on abuses in the Kasai region that accused the Kamuina Nsapu, the Bana Mura, and the SSF of war crimes and crimes against humanity. Based on interviews with 524 persons, the experts’ report accused the military of an excessively violent response to conflict in the region, in particular the 2101st Regiment. The report estimated that the conflict, which was most violent in 2017, resulted in “thousands of deaths and a disastrous human rights situation” and displaced 1.4 million persons. Among other incidents, the report documented an SSF attack in May 2017 in Tshikulu that resulted in the summary execution of at least 79 civilians, including at least 19 children.

Kamuina Nsapu and Bana Mura militias also committed serious human rights abuses against children (see section 6).

During the year attacks attributed to the ADF killed more than 200 civilians. On September 22, an attack attributed to the ADF in Beni killed 12 civilians and four soldiers and caused civil unrest that prevented aid workers from responding to a growing Ebola outbreak for several days.

The government took military action against several major RMGs, including establishing a new operational zone in the Kasai region to fight Kamuina Nsapu militias. Operational cooperation between MONUSCO and the government continued in the East but not in the Kasai region, where FARDC troops were accused of serious human rights abuses that a United Nations report stated could amount to crimes against humanity. MONUSCO and the FARDC cooperated against the FDLR, the ADF, and the FRPI during the year. In July, Nduma Defense of Congo leader Ntabo Ntaberi Cheka, charged with crimes related to the 2010 Walikale rapes, surrendered to MONUSCO forces and on August 5, was transferred to government custody. A military trial began for Cheka on November 27 for crimes against humanity to include rape, murder, looting, torture, and war crimes such as the recruitment of children. The trial was still underway as of year’s end.

There was widespread killing, rape, and displacement of civilians by ethnic militias. In Ituri a series of attacks by unidentified local militias against villages caused widespread displacement as the local population feared a return of ethnic conflict that had been largely dormant since 2007. More than 40 persons were killed, mostly in attacks by militias with machetes. Approximately 350,000 persons were displaced by the conflict, including an estimated 42,000 refugees who fled to Uganda. By July enough stability had returned to the area to allow some of the displaced to return.

On March 27, the UN Security Council extended MONUSCO’s mandate for 12 months and renewed the intervention brigade to neutralize armed groups. The mandate prioritized protection of civilians and support to the implementation of the December 2016 Agreement with a focus on supporting the electoral process. As of September MONUSCO consisted of approximately 16,940 peacekeepers, military observers, and police.

Killings: From January to June, the United Nations reported RMGs killed 386 civilians, an increase of 43 deaths compared with the same period in 2017. The FRPI was responsible for 177 killings, all in Irumu territory of Ituri province and largely during ambushes and attacks against villages targeting civilians. Mai Mai groups summarily executed 33 civilians in North Kivu province, and the Gumino RMG in High Plateau area of South Kivu summarily executed at least 25 civilians, including six women.

According to the United Nations, at least 890 persons were killed during communal violence from December 16 to 18 in Yumbi, Mai-Ndombe Province, following a dispute regarding the burial ground for a deceased local leader. The violence included widespread burning and pillaging of villages. As many as 16,000 persons were displaced and thousands fled the violence by crossing the Congo River into the Republic of Congo.

Abductions: UN agencies and NGOs reported that RMGs abducted individuals, generally to serve as porters or guides or to demand ransom for them. From January through August, the United Nations reported that RMGs abducted 1,726 persons, including 330 women. The NDC was the greatest perpetrator of abductions; 364 persons were abducted from January through August. Victims of kidnappings by unknown assailants or suspected RMGs in North Kivu province reported they were detained outside or in unknown locations for days, stripped of their clothes and belongings, tortured, and then abandoned. Observers noted a marked reduction in LRA abductions during the year compared with 2017.

Physical Abuse, Punishment, and Torture: UN agencies and NGOs reported the SSF arrested, illegally detained, raped, and tortured 662 civilians, including 68 women, through August 31 in conflict-affected areas.

RMGs committed abuses in rural areas of North Kivu, South Kivu, the Kasai provinces, and the former provinces of Katanga and Orientale, including killing, raping, and torturing civilians. The ADF launched numerous attacks during the year that killed civilians, FARDC, and MONUSCO peacekeepers. On September 22, the ADF launched an attack in Beni, North Kivu Province, killing at least 18 persons.

RMG members raped men, women, and minors as part of the violence among and between them and the FARDC. Statistics on rape, including rape of men, were not available. On May 21, in Bijombo in South Kivu province, a 45-year-old woman and two girls ages 16 and 17 were raped by FARDC. The victims were searching for their belongings after having run away from their village. On July 2, in Kananga of Kasai Central province, two girls ages 15 and 17 and two women were raped by approximately 10 armed men, among whom at least one was recognized as a police officer.

Child Soldiers: The MONUSCO Child Protection Section (CPS) reported RMGs released at least 2,253 children from their ranks during the year. MONUSCO CPS previously reported nearly 37 percent of child recruits were younger than 15 years of age when recruited, which could constitute a war crime. This represented a 40 percent increase in overall recruitment and a 13 percent increase in children younger than age 15 compared with the same period in 2016. UNICEF assisted the children through a number of NGOs. From January through September, children were separated from various RMGs including Nyatura (661), Mai Mai Mazembe (505), Kamuina Nsapu (242), Raia Mutomboki (168), the Democratic Forces for the Liberation of Rwanda-Abacunguzi Combattant Forces (166), ADF (80), Nduma Defense of Congo/Renove/Guidon (74), the Alliance of Patriots for a Free and Sovereign Congo/Janvier (71), and other groups (106). Most of the children were separated in North Kivu followed by the Kasai region.

According to the United Nations, children made up approximately 50-70 percent of Kamuina Nsapu militia ranks, including those used as fighters and human shields. The United Nations reported Kamuina Nsapu leaders drugged children and then slashed them across their stomachs and shoulders as part of their initiation ritual to test whether they would have protective powers against bullets. Children died as a result of this initiation process due to the deep incisions from spears and sticks.

The SSF continued to arrest and detain children for their association with armed groups. On May 26, media reported that 13 minors were released from Kananga central prison in Kasai province. Some children reported having been held for weeks at other remote facilities before being transferred to Kananga.

A presidential advisor on sexual violence and child recruitment, appointed in 2014, raised awareness of the problems of sexual violence throughout the country and encouraged efforts to remove child soldiers from the SSF and provide services to victims. On February 14, a FARDC unit deployed in Djugu territory of Ituri Province reportedly used four boys, ages 14 to 16, as porters and water fetchers. All four boys were released the following day. The United Nations reported that from January through September FARDC were involved in 27 cases of killing and maiming children. The United Nations also reported that the FARDC had a proxy relationship with the NDC-R, which recruited and used children during the year. The government cooperated with international organizations to eliminate recruitment and remove children from the SSF and RMGs including the NDC-R. During the year NDC-R leader Guidon Shimeray Mwissa signed a pledge and in November committed to a roadmap to remove all children from his ranks and prevent any further child recruitment. In February the United Nations sanctioned Guidon for, among other things, his use of child soldiers. The United Nations and several civil society actors indicated that all child soldiers were released from the NDC-R and that Guidon was abiding by his pledge not to recruit children.

ADF continued to kidnap children and use them as combatants.

Also see the Department of State’s annual Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Other Conflict-related Abuse: Fighting between the FARDC and RMGs as well as among RMGs continued to displace populations and limit humanitarian access, particularly in the Kasai provinces; Rutshuru, Masisi, Walikale, Lubero, Beni, and Nyiragongo territories in North Kivu Province; South Kivu Province; and Tanganyika Province.

In North Kivu, South Kivu, East Kasai, and Upper Katanga provinces, RMGs and FARDC soldiers continued to illegally tax, exploit, and trade natural resources for revenue and power. The FARDC executed unarmed children who were suspected of belonging to the Kamuina Nsapu armed group. Clandestine trade in minerals and other natural resources facilitated the purchase of weapons and reduced government revenues. The natural resources most exploited were gold, cassiterite (tin ore), coltan (tantalum ore), and wolframite (tungsten ore) but also included wildlife products, timber, charcoal, and fish.

According to media and civil society, the LRA trafficked in elephant ivory from Garamba National Park to finance its operations, likely by smuggling ivory through the Central African Republic, South Sudan, and the disputed Kafia Kingi region controlled by Sudan, to link with illicit networks transferring these goods to China.

The illegal trade in minerals was both a symptom and a cause of weak governance. It financed the SSF and RMGs, and sometimes generated revenue for traditional authorities and local and provincial governments. With enhanced government regulation encouraged by global advocacy efforts and donor support, the mining of cassiterite, coltan, and wolframite resulted in a small but increasing amount of legal conflict-free export from North and South Kivu, Upper Katanga, and Maniema provinces. The year also saw the first small shipment of conflict-free gold from DRC. The SSF and RMGs continued to control, extort, and threaten remote mining areas in North Kivu, South Kivu, Ituri, Maniema, the Kasai region, and Haut Katanga provinces.

The law prohibits the FARDC and RMGs from engaging in mineral trade, but the government did not effectively enforce the law. Criminal involvement by FARDC units and RMGs included protection rackets, extortion, and theft. For example, in March UNGOE documented an attempt by FARDC officers to steal 2,860 pounds of coltan. The UNGOE also received credible information that state security officials participated in gold smuggling and illegal mining operations. There were unsubstantiated reports government officials were involved in illegal gold mining.

The UNGOE reported that several RMGs and elements of the FARDC profited from illegal trade and exploitation in the minerals sector (see section 7.b.). The UNGOE reported that a large part of the gold that was sourced (claimed to be) from Rwanda and Uganda was obtained fraudulently in neighboring countries, including the DRC. For example, it documented a smuggling operation of illegally sourced gold that was ultimately sold in Uganda and the United Arab Emirates.

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