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

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

In 2018 three Thai political dissidents who were living in the country, Surachai Danwattananusorn, Phu Chana, and Kasalong (one name only), disappeared, having last been seen in Vientiane two days before a visit by the Thai prime minister. Shortly after they disappeared, the bodies of Phu Chana and Kasalong were found near the Mekong River, on the Thai side of the border. The bodies were reportedly bound, disemboweled, and filled with concrete, and the faces beaten beyond recognition. As of November the killers and the place of death remained unknown and Surachai remained missing. The government made no public comment on the case and told the diplomatic community the investigation into the deaths was a Thai responsibility. International media reported that the government had assured Thai officials they would closely monitor Thai activists living in the country and prevent them from engaging in activities against the Thai government.

There was no progress in the 2012 abduction of Sombath Somphone, a prominent civil society leader and retired founder of a nonprofit training center, who was abducted by persons in plainclothes after what appeared to be an orchestrated stop of his vehicle by traffic police in Vientiane.

The constitution and law prohibit such practices. In 2019 civil society organizations and lawyers claimed some prisoners were beaten or given electric shocks. International media reported in 2019 that prisoners arrested for protesting loss of access to land were subjected to electric shocks following their arrest and suffered from malnourishment and poor health after being jailed for more than a year. In April 2019 Sy Phong, imprisoned since 2011 for leading land protests in Salavan Province, died; the government said his death was from natural causes, but others claim he was tortured.

Impunity reportedly remained a problem; there were no statistics available on its prevalence. The Ministry of Public Security’s Inspection Department allowed the public to submit written complaints via its website or through complaint boxes maintained throughout most of the country. Observers noted that the website is cumbersome to use and statistics on the utilization of the website and boxes were not available. The government revealed no information regarding the existence of a body that investigates abuses by security forces.

Prison and Detention Center Conditions

Prison and detention facility conditions varied widely and in some prisons were harsh due to minimal food supply, overcrowding, and inadequate medical care.

Physical Conditions: Prison cells were crowded, with beds no wider than 20 inches. Some prisons reportedly held juveniles with adults, although no official or reliable statistics were available on the overall population or gender of prisoners countrywide. Due to a lack of space, pretrial detainees and convicted prisoners were held together. There was no information available on the prevalence of death in prisons or pretrial detention centers, although one lawyer claimed in 2019 that some prisoners had died due to overheating at a recently opened prison in Vientiane Province.

Some prisons forced inmates to reimburse authorities upon release for the cost of food eaten during incarceration. Prisons generally provided inadequate food that families and friends had to augment.

Although most prisons had a clinic, usually with a doctor or nurse on the staff, medical facilities were usually deficient. Prisoners had access only to basic medical care, and treatment for serious ailments was unavailable. Prisoners received vaccinations upon arrival; if sick, they had to pay for necessary medicine. In some facilities prisoners could arrange for treatment in police hospitals in emergencies.

Administration: The Ministry of Public Security is responsible for monitoring prison and detention center conditions. Authorities permitted prisoners and detainees to submit complaints to judicial authorities and to request investigation of credible allegations of problematic conditions, although there were no reports of prisoners, detainees, or their family members making such requests due to fear of exacerbating poor detention conditions.

There was no ombudsperson to serve on behalf of prisoners and detainees. Prison wardens set prison visitation policies. Family members generally had access to prisoners and detainees once per month. Prisoners and detainees could follow some private religious practices, but authorities did not provide any facilities for communal worship.

Independent Monitoring: Government officials did not permit regular independent monitoring of prison conditions.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention, but some government officials did not respect these provisions, and arbitrary arrest and detention persisted.

Both police and military forces have arrest powers, although generally only police exercised them. The law provides detainees the right to a prompt judicial determination of the legality of their detention. The law also requires authorities to notify detainees of the charges against them and inform next of kin of their detention within 24 hours of arrest, but this did not always occur, especially in rural areas. There is a bail system, but authorities implemented it arbitrarily. There are legal procedures for house arrest, particularly for health reasons. The law provides detained, arrested, or jailed persons the right to legal representation upon request. These provisions often were not respected. International press reported, for example, that Houayheuang (“Muay”) Xayabouly, arrested in September 2019 for criticizing the government on Facebook (see section 2.a.), was not allowed to meet with visitors while the investigation was ongoing, which barred her from obtaining outside legal advice or representation.

Arbitrary Arrest: Police continued to exercise wide latitude in making arrests, relying on a provision of the law that permits warrantless arrests in urgent cases. Police reportedly used the threat of arrest to intimidate persons or extract bribes.

In March police arrested Sithon Tippravong, a Lao Evangelical Church pastor from Savannakhet Province; as of October he remained detained in a provincial jail. Provincial officials did not inform him of the charges, even after his case was transferred to provincial prosecutors.

At times authorities continued to detain prisoners who had completed their sentences, particularly if they were unable to pay court fines.

Pretrial Detention: The law limits detention without trial to one year. The length of detention without a pretrial hearing or formal charges is also limited to one year. The Office of the Prosecutor General reportedly made efforts to have authorities bring all prisoners to trial within the one-year limit, but officials occasionally did not meet the requirement. The exact number of detainees held more than a year was unknown.

The law provides for an independent judiciary, but corruption and judges acting outside the law with impunity continued. Some judges reportedly accepted bribes. According to a local lawyer, it was “difficult for people with less money” to win a court case due to widespread corruption. The legal framework provides for defense counsel, evidentiary review, and the presumption of innocence. Despite these provisions, judges reportedly decided guilt or innocence in advance of trials, basing their decisions on police or prosecutorial investigation reports. Most defendants chose not to have attorneys or trained representatives due to the general perception that attorneys could not influence court decisions.

The law provides for the right to a fair and public trial, although the judiciary did not always uphold this right. The law provides defendants a presumption of innocence. Most trials, including criminal trials, were primarily pro forma examinations of the accused and reviews of the evidence. Defendants do not have a legal right to know promptly and in detail the charges against them, but the law requires authorities to inform persons of their rights. Trials are public, except for those involving certain types of family law or related to national security, state secrets, or children younger than age 16.

The law provides defendants the right to defend themselves with the assistance of a lawyer or other persons, but there remained a lack of qualified lawyers. Lawyers sometimes were unwilling to defend sensitive cases due to fear of retaliation by local authorities. A civil society advocate noted that the police sometimes intimidated or sought to discredit witnesses. A defense attorney’s role is limited to such actions as asking the court for leniency in sentencing or appealing a technical matter, rather than arguing the merits of the case, challenging evidence, or mounting a true defense. Authorities provided defense attorneys at government expense only in cases involving children, cases likely to result in life imprisonment or the death penalty, and cases considered particularly complicated, such as those involving foreigners. There is no legal right to adequate time and facilities to prepare a defense.

For a fee the government allows interpreters to provide explanations of laws and defendant rights to ethnic minority citizens and foreigners who cannot communicate in the Lao language.

Defendants may have someone other than an attorney assist them in preparing written cases and accompany them at trial. Defendants may question and present witnesses and evidence on their own behalf. Defendants may refuse to testify, although authorities reportedly imposed harsher penalties on defendants who did not cooperate. There is no right of appeal.

There were no government statistics or reliable estimates available regarding the number of political prisoners. In June 2019, nine citizens from Sekong Province were sentenced to from two to six years’ imprisonment for their 2017 protest of the government’s decision to give a Vietnamese company a concession for a rubber plantation on land that had previously been used for farming. Three political prisoners, Somphone Phimmasone, Soukan Chaithad, and Lodkham Thammavong, convicted and sentenced in 2017 to 20, 16, and 12 years’ imprisonment, respectively, on multiple charges including treason, propaganda against the state, and gatherings aimed at causing social disorder, remained in prison.

As of November the whereabouts of Od Sayavong, a Lao prodemocracy activist living in Thailand who disappeared in August 2019, remained unknown. He had been critical of the Lao government and was seeking asylum in a third country. The UN special rapporteur on human rights defenders stated Od might have “been disappeared.”

The law provides for judicial independence in civil matters, but enforcement of court orders remained a problem. A person may seek a judicial remedy for violations of civil or political rights in a criminal court or pursue an administrative remedy from the National Assembly. Individuals may seek redress for violations of social and cultural rights in a civil court.

Some families relocated due to a rail project linking Vientiane to China complained that they were not adequately compensated.

The law generally prohibits such actions, but the government continued its broad use of security law exemptions when it perceived a security threat.

The law prohibits unlawful searches and seizures but in many cases does not require a warrant. Although the law requires police to obtain search authorization from a prosecutor or a panel of judges, police did not always obtain prior approval, especially in rural areas. Security laws allow the government to monitor individuals’ movements and private communications, including via mobile telephones and email without a warrant (see section 2.a.). In March the Ministry of Posts and Telecommunications announced all mobile phone users must register their SIM cards by providing their personal information to the government.

The Ministry of Public Security monitored citizens’ activities through a surveillance network that included secret police. A police auxiliary program in urban and rural areas, operating under individual village chiefs and local police, shared responsibility for maintaining public order and reported “undesirable” persons to police. Members of Lao People’s Revolutionary Party (LPRP) affiliated organizations, including the Lao Women’s Union, the Lao Youth Union, and the Lao Front for National Development, also monitored citizens.

The law allows citizens to marry foreigners only with prior government approval. Authorities may annul marriages entered into without approval, with both parties subject to arrest and fines. The government normally granted permission to marry, but the process was lengthy and burdensome, offering officials opportunities to solicit bribes. Premarital cohabitation with foreigners is illegal, although it was rarely prosecuted.

There were no reports that the government or its agents committed arbitrary or unlawful killings. In case of a killing by a member of the security forces, the Internal Security Bureau investigates whether the violence was justified.

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

The law prohibits such practices. The ombudsman received two reports of physical abuse by police officers during the year.

Prison and Detention Center Conditions

Some reports regarding prison or detention center conditions raised human rights concerns. Prisoners complained about insufficient ventilation, natural light, hygiene, cleaning supplies, and nutrition.

Physical Conditions: The Council of Europe’s Committee for the Prevention of Torture (CPT) noted in 2017 that specific detention facilities had deteriorating physical conditions and that interprisoner violence remained a problem at the Daugavgriva, Jelgava, and Riga Central Prisons. Health care in the prison system remained inadequate with a shortage of medical staff.

In 2017 the CPT noted that most of the prisoner accommodation areas in the unrenovated Griva Section of Daugavgriva Prison were in poor condition and severely affected by humidity due to the absence of a ventilation system.

Through September the ombudsman received 23 complaints from prisoners regarding living conditions and 31 complaints about the alleged unwillingness of doctors to prescribe the medicine or to provide the type of treatment that the convict desired. The CPT noted in 2017 that most patients in the Olaine Prison Hospital Psychiatric Unit and a great majority of prisoners sentenced to maximum security at the Daugavgriva and Jelgava Prisons were locked in their cells for up to 23 hours a day.

Administration: Prison authorities generally investigated credible allegations of mistreatment and documented the results of their investigations in a publicly accessible manner. Through August the Office of the Ombudsman of Latvia received 19 complaints of mistreatment, including two inflicted by the prison administration employees. These complaints were forwarded to the Internal Security Bureau for investigation.

Independent Monitoring: The government permitted monitoring by international human rights monitors, including the CPT and independent nongovernmental observers.

Improvements: The ombudsman reported some improvements in living conditions of prisoners but considered the improvements did not satisfy all of his recommendations.

Prisons provided treatment from the beginning stage for HIV patients who wanted it, a program to combat hepatitis C, and dentistry. Every prison provided dentistry in their premises, except Liepaja prison, where inmates were transferred to private dentistry in case of need.

d. Arbitrary Arrest or Detention

The constitution and 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. The government generally observed these requirements.

In most cases officials require a warrant issued by an authorized judicial official to make an arrest. Exceptions are specifically defined by law and include persons caught by police in the act of committing a crime, suspects identified by eyewitnesses, or suspects who pose a flight risk. The law requires prosecutors to charge detainees and bring them before a judge within 48 hours. The 2017 CPT report found that police frequently detained suspects in detention facilities well beyond the statutory limit of 48 hours, pending their transfer to a remand facility. Through September the ombudsman received eight complaints concerning detention without timely charges.

Officials generally informed detainees promptly of charges against them. Some detainees complained that authorities failed to provide verbal information about their basic rights immediately upon arrest. Instead they received information sheets explaining their rights and duties. While a bail system exists, judges used it infrequently and did so most often in cases involving economic crimes.

Detainees have the right to an attorney who may be present during questioning. In 2017, however, the CPT noted receiving a number of accusations from detained persons (including juveniles) that they had been subjected to informal questioning without the presence of a lawyer, prior to the taking of a formal statement in the lawyer’s presence. Some detainees alleged they were physically mistreated or threatened with physical violence during such periods of initial questioning. The government generally provided attorneys for indigent defendants.

Pretrial Detention: Through September the ombudsman received six complaints concerning excessive pretrial detention.

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

In individual instances complainants criticized the fairness of judges’ verdicts and alleged widespread judicial corruption, particularly in insolvency cases. The government’s complaints register collected information on complaints or breaches of ethical conduct sent to the judiciary.

The constitution and law provide for the right to a fair and public trial, and an independent judiciary generally enforced this right. Defendants are presumed innocent and have the right to be informed promptly of the charges against them. Defendants have the right to a fair and expeditious and, in most cases, open trial, although officials may close trials to protect government secrets or the interests of minors. Defendants have the right to be present at their trial as well as to consult with an attorney in a timely manner and, if indigent, at government expense. The law provides for the right to adequate time and facilities to prepare a defense. Defendants have the right to the free assistance of an interpreter if they cannot understand or speak Latvian, to confront prosecution or plaintiff witnesses, and to present witnesses and evidence in their defense. Defendants may not be compelled to testify or confess guilt and have the right to appeal.

Nongovernmental organizations (NGOs) and government officials expressed concern that defendants often exploited these legal protections to delay trials, including by repeatedly failing to appear for court hearings and forcing repeated postponements. Several high-profile public corruption trials have lasted more than a decade. NGOs remained concerned that this contributed to widespread public belief that high-level officials enjoyed impunity for corruption and stated the imbalance of defendant’s rights had the effect of impeding justice in some criminal cases. In July amendments to the criminal procedure code reduced some loopholes defendants had used to delay cases. Judicial reforms completed in July shortened wait times for administrative court hearings and civil cases. Through September the ombudsman received two complaints concerning lengthy proceedings.

There were no reports of political prisoners or detainees.

The law provides for an independent and impartial judiciary in civil matters. Individuals and organizations may bring a lawsuit through domestic courts seeking civil remedies for human rights violations. After exhausting the national court system, individuals may appeal cases involving alleged government violations of the European Convention on Human Rights to the European Court of Human Rights.

The government has established limited programs for Jewish private and communal property restitution dating from the Holocaust era. Although the country’s Jewish community estimated that approximately 265 communal properties still required restitution, a 2012 parliamentary working group identified only 80 eligible communal properties. Subsequent attempts to restart a parliamentary working group to reconcile the proposed list of properties with those from the Jewish community and officials from the World Jewish Restitution Organization failed to secure sufficient support. Some government officials asserted that the return of five properties seized during World War II resolved the restitution issue. Properties identified by the Jewish community included cemeteries, synagogues, schools, hospitals, and community centers.

Coalition parties acknowledged the importance of the issue and included Jewish communal property restitution as one of five separately highlighted issues in its coalition agreement, despite opposition to restitution on the part of some coalition members.

The Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released publicly on July 29, 2020, can be found on the Department’s website: https://www.state.gov/reports/just-act-report-to-congress/.

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

There were reports of one instance in which human rights groups asserted that the government or its agents committed an arbitrary or unlawful killing. International nongovernmental organizations (NGOs) and local media reported that on April 27 the Lebanese Armed Forces (LAF) used excessive force, including lethal force, against protesters in Tripoli. One protester died after being hit in the leg by a rubber bullet. The LAF issued a statement in which it expressed regret and announced it had opened an investigation. The LAF maintained that the rubber bullet was shot from a distance of more than 15 yards and at an angle acceptable under LAF regulations. The state prosecutor requested an investigation to determine whether security force actions were justifiable and pursued prosecution at the Military Court that continued as of September 8 (see section 1.c., Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment). Killings by security forces are investigated internally and prosecuted through the Military Court.

On August 20, Amal party supporter Hussein Khalil was killed and 10 others were injured in a confrontation between Amal and Hizballah supporters in the southern town of Loubye. On August 19, Amal members angered by Hizballah banners commemorating the Shia holiday of Ashura had harassed a local Hizballah-aligned sheikh, resulting in a larger brawl on August 20 that led both sides to discharge automatic firearms. The LAF subsequently intervened to restore security and demanded that both groups surrender members who had drawn weapons.

On August 18, the Special Tribunal for Lebanon (STL) announced its verdict in the 2005 killing of former prime minister Rafik Hariri that also killed 21 others and injured 226. The STL found Hizballah operative Salim Jamil Ayyash guilty on all charges, while Hizballah operatives Hassan Habib Merhi, Hussein Hassan Oneissi, and Assad Hassan Sabra were acquitted. On December 11, the STL sentenced Ayyash to five concurrent terms of life imprisonment, the maximum punishment allowed. If the STL’s mandate is renewed in March 2021, its work may continue for several more years to handle sentencing and possible appeals, in addition to proceeding with a trial in the so-called connected cases–the killing of George Hawi and attempted killings of Marwan Hamadeh and Elias Murr.

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

The law prohibits using acts of violence to obtain a confession or information about a crime, but the judiciary rarely investigated or prosecuted allegations of torture. In March 2019 the cabinet appointed the five members of the National Preventive Mechanism (NPM) against Torture, a body within the 10-member National Human Rights Institute (NHRI). The NHRI is mandated to monitor the human rights situation in the country by reviewing laws, decrees, and administrative decisions and by investigating complaints of human rights abuses and issuing periodic reports of its findings. The NPM oversees implementation of the antitorture law. It has the authority to conduct regular unannounced visits to all places of detention, investigate the use of torture, and issue recommendations to improve the treatment of detainees. As of September 8, the NHRI had not begun its assigned functions. Some NGOs alleged that security officials tortured detainees, including incidents of abuse at certain police stations. The government denied the systematic use of torture, although authorities acknowledged violent abuse sometimes occurred during pretrial detention at police stations or military installations where officials interrogated suspects without an attorney present.

The LAF Investigation Branch conducted an internal investigation that began May 6 into the alleged torture of detainees in LAF detention facilities in Sidon and Tripoli following protests in those cities. The investigations were suspended due to the lack of formal allegations from the victims and because the original investigating judge resigned from his position; the cases remained open as of October 19. The LAF imposed the highest penalties allowed by the military code of justice in several cases involving torture, while noting that only a judicial decision could move punishment beyond administrative penalties.

There were no new developments in the May 2019 death of detainee Hassan Diqa, although the case remained under investigation and on the agenda of the parliamentary Human Rights Committee. Diqa’s family filed a lawsuit claiming Diqa was subjected to torture in detention, leading to his death. Diqa had been arrested in 2018 on a drug-related charge. As of September 2019, there was no clear evidence that Diqa’s death was a result of torture, although evidence emerged that proper procedures in accordance with the antitorture law were not followed.

On October 15, an investigative judge questioned actor Ziad Itani regarding a criminal defamation complaint filed against him by two State Security officials he had accused of torturing him. Itani had stated that State Security tortured him in 2017 after detaining him on false charges of spying for Israel, a charge of which he was eventually exonerated.

Although human rights and lesbian, gay, bisexual, transgender, and intersex (LGBTI) organizations acknowledged some improvements in detainee treatment during the year, these organizations and former detainees continued to report that Internal Security Forces (ISF) officers mistreated drug users, persons involved in prostitution, and LGBTI individuals in custody, particularly outside of Beirut, including through forced HIV testing, threats of prolonged detention, and threats to expose their identities to family or friends. LGBTI rights NGOs reported anal exams of men suspected of same-sex sexual activity have been banned in Beirut police stations but were carried out in Tripoli and other cities. While physician syndicates in Beirut banned their members from performing such procedures, NGOs stated that local syndicates outside the capital had not all done so.

NGOs reported that impunity was a significant problem in the security forces, including the ISF, LAF, and Parliamentary Police Force (PPF). Impunity was also a problem with respect to the actions of armed nonstate actors such as Hizballah. With regard to the ISF and LAF, this was due in part to a lack of transparency when these forces conducted investigations. Investigations of alleged abuses by security forces were conducted internally by the implicated security force, and security force members could be tried in Military Court for charges unrelated to their official duties (see section 1.e., Trial Procedures). Individuals allegedly belonging to the PPF were captured in photographs and on video shooting live ammunition at protesters on August 8. PPF personnel were recorded in several other instances beating protesters, with no known repercussions. The foreign terrorist organization (FTO) Hizballah continued the practice of extrajudicial arrest and detention, including incommunicado detention (see section 1.e, Trial Procedures).

The LAF worked with the UN Office of the High Commissioner for Human Rights (OHCHR) to develop a code of conduct on human rights that was launched in January. The ISF and the Directorate of General Security (DGS) both worked with the OHCHR to revise their respective codes of conduct, introduce accountability elements, and provide for wider dissemination of the codes of conduct among their personnel. The gendarmerie unit of the ISF also instituted a training program that included human rights training with the support of donor countries.

Prison and Detention Center Conditions

Prisons and detention centers were often overcrowded, and prisoners sometimes lacked access to basic sanitation. As was true for most buildings in the country, prison facilities were inadequately equipped for persons with disabilities.

Nongovernmental entities, such as the FTO Hizballah and Palestinian nonstate militias, also reportedly operated unofficial detention facilities.

Physical Conditions: As of September 14, there were approximately 6,670 prisoners and detainees, including pretrial detainees and remanded prisoners, in facilities built to hold 3,500 inmates. Authorities often held pretrial detainees together with convicted prisoners. There were 150 minors and 224 women in Lebanese prisons, according to ISF statistics. The ISF incarcerated women at four dedicated women’s prisons in Baabda, Beirut, Zahle, and Tripoli.

According to a government official, most prisons lacked adequate sanitation, ventilation, and lighting, and authorities did not regulate temperatures consistently. Roumieh prisoners often slept 10 in a room originally built to accommodate two prisoners, and basic medical care suffered from inadequate staffing, poor working conditions, and extreme overcrowding. The ISF reported that seven individuals died in detention facilities during the year. According to the ISF, six died of medical problems, including heart attacks and kidney failure, and one was accidently electrocuted due to faulty wiring. Some NGOs complained of authorities’ negligence and failure to provide appropriate medical care to prisoners, which may have contributed to some deaths. The ISF reported that none died of police abuse.

Administration: The ISF’s Committee to Monitor against the Use of Torture and Other Inhuman Practices in Prisons and Detention Centers conducted 30 prison visits as of September 14. These monitoring visits were suspended due to the outbreak of the COVID-19 pandemic. If detention center investigators assigned by the minister of interior found physical abuse, the military investigator assigned a medical team to confirm the abuse, and a judge ruled at the conclusion of the review. As of September 14, there were no complaints reported to the ISF committee. Historically, complaints were generally submitted during or following in-person prison visits by family members. In-person visits were halted in February due to COVID-19 concerns and mitigation efforts, and did not restart during the year. As of October 14, prisoners submitted 12 complaints to the ISF Human Rights Department. The ISF began immediate investigations into the complaints that continued as of October 14. According to the ISF Human Rights Unit, in the course of its own investigations, the ISF took disciplinary action against officers it found responsible for abuse or mistreatment, including dismissals, but it did not publicize this information.

In 2018 authorities arrested an ISF prison officer on charges of sexual abuse of an inmate. The case continued as of October 19, but no additional details were available.

Most investigations were initiated by prisoners’ family members contacting the Ministry of Interior to report complaints, although prison directors could also initiate investigations. Prisoners and detainees have the ability to report abuse directly to the ISF Human Rights Unit. According to a government official, prison directors often protected officers under investigation.

Independent Monitoring: The government permitted independent monitoring of prison and detention conditions by local and international human rights groups and the International Committee of the Red Cross (ICRC), and such monitoring took place. The ICRC regularly visited 16 prisons and detention centers and visited a further 12 on an ad hoc basis.

Improvements: ISF training and corrections staff institutionalized best practices to protect human rights through developing and implementing standard operating procedures and modifying hiring practices and training programs to improve professionalization among new officers. Prisoners gained access to potable water in Roumieh prison following the completion of a 2019 ICRC project of building a new water well and water plant. Prisoners in other prisons gradually achieved access to potable water as the result of an agreement signed by the Rotary Club and the Directorate General of the ISF during the year that resulted in the installation of filters in existing water tanks.

Overcrowding in detention facilities raised fears of COVID-19 outbreaks within the detention centers, particularly in the notoriously overcrowded Roumieh prison. The ISF ensured immediate, early, and sustained use of masks, gloves, detergents, temperature checks, and limited visits for inmates. The ISF identified buildings at Roumieh prison as quarantine sites for inmates transferred to the prison and for existing inmates in the prison who showed COVID-19 symptoms. On September 17, more than 200 inmates tested positive for COVID-19 in Roumieh prison, prompting social media allegations of “rioting” in the prisons and media coverage of inmate families protesting outside the justice palace. The ISF took immediate action to quarantine and treat COVID-19 patients, including daily testing of inmates and staff to identify and track cases. The ISF also designated one building in Roumieh prison as a quarantine and treatment area for mild cases and transported severe cases to Daher El Bachek Government Hospital’s security wing.

The judiciary approved the use of a modernized but previously unused courtroom at Roumieh prison to expedite the processing of Mount Lebanon criminal cases by reducing the need to transport prisoners to court hearings. Since March authorities allowed those detained for minor, nonviolent offenses to be released after the ISF brought their cases to public prosecutors over the telephone or through video chat. Prosecutors dropped charges against some detainees following virtual reviews, while others were expected to face trial eventually but would not be kept in pretrial detention as was previously the norm. Authorities halted use of the courtroom on September 18 after the first positive COVID-19 cases in the prison.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of arrest or detention in court, and the government generally observed these requirements. The law requires judicial warrants before arrests except in cases of active pursuit. Nonetheless, NGOs and civil society groups alleged some incidents of the government arbitrarily arresting and detaining individuals, particularly protesters, refugees, and migrant workers. Typically, these detentions were for short periods and related to administrative questions associated with the residency or work status of these populations, often lasting between several hours and one or more days.

The law generally requires a warrant for arrest and provides the right to a medical examination and referral to a prosecutor within 48 hours of arrest. The law requires that officials promptly inform individuals of the charges against them, and authorities generally adhered to this requirement. If authorities hold a detainee longer than 48 hours without formal charges, the arrest is considered arbitrary, and authorities must release the detainee or request a formal extension. The law provides that a person may be held in police custody for investigation for up to 48 hours, unless the investigation requires additional time, in which case the period of custody may be renewed for another 48 hours.

The law requires authorities to inform detainees of the charges filed against them. A suspect caught in the act of committing a crime must be referred to an examining judge, who decides whether to issue an indictment or order the release of the suspect. By law, bail is available in all cases regardless of the charges, although the amounts required may be prohibitively high.

The law states that from the moment of arrest, a suspect or the subject of a complaint has the right to contact a member of their family, an attorney, their employer, or an advocate of their choosing; has the right to an interpreter if needed; and has the right to undergo a medical examination on the approval of the general prosecutor. It does not, however, explicitly state whether a lawyer may attend preliminary questioning with the judicial police. In practical terms the lawyer may or may not be allowed to attend the preliminary questioning with judicial police. Under the framework of the law, it is possible to hold a suspect at a police station for 48 hours, renewable for another 48 hours upon an approval of the general prosecutor, before allowing the individual to exercise the right to contact an attorney. If the suspect lacks the resources to obtain legal counsel, authorities must provide free legal aid. The law does not require the judicial police to inform an individual who lacks legal counsel that one may be assigned through the regional bar association.

The law does not require authorities to inform individuals they have the right to remain silent. Many law provisions simply state that if the individuals being questioned refuse to make a statement or remain silent, this should be recorded and that the detainees may not be “coerced to speak or to undergo questioning, on pain of nullity of their statements.”

The law excludes from this protection suspects accused of homicide, drug crimes, endangerment of state security, violent crimes, crimes involving terrorism, and those with a previous criminal conviction.

Authorities may prosecute officials responsible for prolonged arrest on charges of depriving personal freedom, but they rarely filed charges.

Authorities failed to observe many provisions of the law, and government security forces as well as armed nonstate actors such as Hizballah continued the practice of extrajudicial arrest and detention, including incommunicado detention. Additionally, the law permits military intelligence personnel to make arrests without warrants in cases involving military personnel or involving civilians suspected of espionage, treason, weapons possession, or terrorism.

Arbitrary Arrest: According to local NGOs, cases of arbitrary detention occurred, but most victims chose not to report violations against them to authorities. NGOs reported most cases involved vulnerable groups such as refugees, drug users, LGBTI individuals, and migrant workers who often feared retribution by authorities while having limited access to legal recourse. Civil society groups reported authorities frequently detained foreign nationals arbitrarily.

On June 23, the Mount Lebanon public prosecutor pressed charges against Shia cleric Sayyed Ali al-Amine, accusing him of stirring sectarian strife and criticizing religious rituals. Media initially reported that al-Amine was charged with meeting Israeli officials during a conference in Bahrain, stirring public sentiment against him, but the news outlets later stated this was reported in error. The case had not progressed as of October 19.

Pretrial Detention: The law states the period of detention for a misdemeanor may not exceed two months. Officials may extend this period by a maximum of two additional months. The initial period of custody may not exceed six months for a felony, but the detention may be renewed. Due to judicial backlogs, pretrial detention periods for felonies sometimes lasted for months or years.

Pretrial detention periods were often lengthy due to delays in due process, in some cases equal to or exceeding the maximum sentence for the alleged crime. As of October, the ISF reported 3,703 prisoners in pretrial detention, or approximately 55 percent of the 6,670 total detainees. With the onset of the COVID-19 pandemic and closure of many courts, judges were instructed by the then minister of justice to conduct investigations and hearings via video calls to expedite the judicial process as well as to prevent the spread of coronavirus among pretrial detainees, lawyers, and judges. This resulted in the release of 1,200 detainees as of May 15 and a sustained significant decrease in the overall number of pretrial detainees. According to a study by the Lebanese Center for Human Rights, before May detainees spent on average one year in pretrial detention prior to sentencing, although those suspected of terrorism, espionage, and violent homicide were often held much longer. According to local NGOs, some Lebanese Sunni militants who were detained after returning from fighting in Syria remained in pretrial detention for more than five years.

Although the constitution provides for an independent judiciary, authorities subjected the judiciary to political pressure, particularly through negotiations among political factions regarding the appointment of key prosecutors and investigating magistrates. As of September 8, President Aoun had not signed a routine draft decree for judicial reassignments that had been with him since April 16.

Defendants involved in routine civil and criminal proceedings sometimes solicited the assistance of prominent individuals to influence the outcomes of their cases.

The constitution and law provide for the right to a fair and public trial.

Defendants are presumed innocent until proven guilty and have the right to be promptly informed of the charges against them. Trials are generally public, but judges have the discretion to order a closed court session. Defendants have the right to be present at trial, to consult with an attorney in a timely manner, and to question witnesses against them. Defendants may present witnesses and evidence. Defendants have the right to free interpretation; however, interpreters were rarely available. Defendants have the right not to be compelled to testify or confess guilt; they have the right of appeal.

The Military Court has jurisdiction over cases involving the military, police, and government officials, as well as those involving civilians accused of espionage, treason, weapons possession, and draft evasion. It also may try civilians on security charges or for violations of the military code of justice. While civilian courts may try military personnel, the Military Court often hears these cases, including for charges unrelated to official military duty. Human rights activists raised concerns that such proceedings created the potential for impunity.

Governance and justice in the Palestinian camps varied greatly, with most camps under the control of joint Palestinian security forces representing multiple factions. Palestinian groups in refugee camps operated an autonomous system of justice mostly nontransparent to outsiders and beyond the control of the state. For example local popular committees in the camps attempted to resolve disputes through informal mediation methods but occasionally transferred those accused of more serious offenses (for example, murder and terrorism) to state authorities for trial.

There were no reports of political prisoners or detainees.

There is an independent judiciary in civil matters, but plaintiffs seldom submitted civil lawsuits seeking damages for government human rights abuses. During the year there were no examples of a civil court awarding a person compensation for such abuses. There is no regional mechanism to appeal adverse domestic human rights decisions.

The country has registered reservations regarding individual complaints on all international human rights treaties, and appeals to international human rights bodies or special procedures such as the Committee Against Torture are accessible only after exhausting all domestic remedies. In May 2019 a coalition of NGOs sent a submission to the special rapporteur on freedom of speech concerning the Ministry of Telecommunications’ blocking of Grindr, to which the government did not reply during the year.

During the year while municipalities and security services continued to evict Syrian refugees from informal settlements on private land, in most cases evictions were ordered by the Lebanese landlord, most often due to nonpayment of rent, for reappropriating the land or property, or in connection with intercommunity tensions. While evictions generally cited violations of building codes, environmental codes, or both, collective and individual evictions proceeded without any opportunity for legal challenge. On June 8, the Litani River Authority (LRA) instructed 42 Syrian refugees living in an informal settlement in Nabatieh, South Lebanon, to relocate farther away from the river. The following day the LRA returned with an ISF escort and demolished the shelters without providing advance notice or allowing the families to collect their belongings before demolition began.

The law prohibits such actions, but there were reports that authorities interfered with the privacy of persons regarded as enemies of the government. There were reports that security services monitored private email and other digital correspondence. The law allows the interception of telephone calls with prior authorization from the prime minister at the request of the minister of interior or minister of defense.

Militias and non-Lebanese forces operating outside the area of central government authority frequently violated citizens’ privacy rights. Various nonstate actors, such as the FTO Hizballah, used informer networks, telephone monitoring, and electronic monitoring to obtain information regarding their perceived adversaries.

There were several reports members of the Lesotho Mounted Police Service (LMPS) committed arbitrary or unlawful killings. The Police Complaints Authority (PCA) investigates allegations of police misconduct and abuse. The PCA, however, was ineffective because it lacked authority to fulfill its mandate: It could only investigate cases referred to it by the police commissioner or minister for police and could act on public complaints only with their approval. The PCA also lacked authority to refer cases directly to the Prosecutor’s Office. The PCA did not publish its findings or recommendations.

There were numerous reported abuses similar to the following example. On July 22, three police officers of the Flight One Station in Maseru allegedly beat Thabiso Molise to death. According to the chairman of the Ha Jimisi Community Policing Forum, Molise escaped police custody after being arrested on suspicion of theft and fled to Ha Jimisi village, where police captured him and clubbed him to death. According to a family member, autopsy results confirmed his death from the beating. On September 3, the suspects were suspended from duty pending investigation of the incident.

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

The constitution states that no person shall be subjected to torture, inhuman or degrading punishment or other treatment and the penal code lists torture as one of the crimes against humanity. Nevertheless, there were credible reports police tortured suspects and subjected them to cruel, inhuman, or degrading treatment or punishment.

There were numerous reported abuses similar to the following example. On July 8, the Moafrika Community Broadcasting Service reported that Mabote police officers tortured LMPS Special Operations Unit member Lebusa Setlojoane and his relative Lefu Setlojoane with electrical shocks and suffocation to force him to confess to committing arson and homicide. Setlojoane stated he was told he would be killed if he reported the abuse to judicial authorities.

On July 29, Lesotho Television reported the minister of police encouraged harsh treatment of criminals; however, on September 1, the commissioner of police stated, “torture and inhuman treatment is intolerable within the LMPS.”

During the year the government acted to investigate and punish police and military members. The commissioner of police took disciplinary action against 50 police officers and two military members accused of committing human rights abuses. They were charged, appeared before the High Court and released on bail. They had yet to be tried by year’s end.

Prison and Detention Center Conditions

Prison conditions were harsh and life threatening due to gross overcrowding; physical abuse and inmate-on-inmate violence, including rape; and inadequate food, sanitary conditions, medical care, ventilation, lighting, and heat.

Physical Conditions: The Lesotho Correctional Service (LCS) reported facilities in Maseru, Leribe, and Berea were overcrowded. Former justice minister Mahali Phamotse attributed overcrowding at prisons to high crime rates among the unemployed.

Unlike in 2019 authorities stated no prisoners submitted complaints of physical abuse by correctional officers.

Inmate-on-inmate violence continued to be a problem. In January the newspaper Sunday Express reported that former LCS commissioner Thabang Mothepu called on LCS superintendent Tuoata Makoetje to explain the death of an inmate from physical abuse by prison officers because he sodomized another inmate.

Rape and consensual unprotected sex by prisoners contributed to a high rate of HIV/AIDS infection in correctional facilities. In 2018 the newspaper Lesotho Times quoted Superintendent Limpho Lebitsa’s statement, “A lot happens behind bars and away from the eyes of prison officers.”

All prisons had a nurse and a dispensary to attend to minor illnesses, but health care was inadequate. Prisons lacked medical units that operated 24 hours a day; as a result, guards confined sick prisoners to their cells from 3 p.m. to 6 a.m. Although prisons provided potable water, sanitation was poor in the Mokhotlong, Berea, Quthing, and Qacha’s Nek prisons. Prisons generally lacked bedding, lighting, and proper ventilation; heating and cooling systems did not exist.

From June to September, authorities halted prison visits by inmate family members due to the COVID-19 pandemic. The Crime Prevention, Rehabilitation, and Reintegration of the Prisoners Association warned of the risk of increased inmate illnesses and deaths due to the interruption in the provision of additional food and medication provided by relatives. The LCS acknowledged food shortages. On August 27, the Minister of Justice Nqosa Mahao stated prison food quality was poor. Restrictions were relaxed in September.

In addition to one death as a result of inmate-on-inmate violence, the LCS reported four deaths that were attributed to natural causes, not malnutrition, lack of food, or other prison conditions.

In August 2019 corporals Motsieloa Leutsoa, charged with the 2014 killing of Police Sub-Inspector Monaheng Ramahloko, and Tsitso Ramoholi, charged with the 2015 killing of Lesotho Defense Force (LDF) Commander Maaparankoe Mahao, petitioned the High Court for release on bail, citing gross overcrowding and generally deplorable prison conditions. They complained that cells designed to hold four to five inmates held as many as 20 inmates at a time. They also stated there were only enough mattresses for one third of the inmate population, tuberculosis and other diseases were rampant, and it took up to a week to access a doctor.

Authorities did not institute safeguards or other measures to protect the rights or accommodate the needs of prisoners with disabilities. Prison buildings lacked ramps, railings, and other features facilitating physical access for prisoners with disabilities.

Administration: The LCS investigated reports of inmate-on-inmate violence and physical abuse by correctional officers. Authorities took disciplinary action. From June to September, authorities instituted COVID-19 restrictions that halted prison visits by inmate family members.

Unlike in 2019 the Office of the Ombudsman stated it received no complaints from prisoners. Prisoners were often unaware they could file complaints, which had to be submitted through prison authorities, creating the possibility of retaliation against complainants.

Independent Monitoring: In June, COVID-19 restrictions halted most prison visits. Prior to June senators, the ombudsman, and representatives of the Lesotho Red Cross, the nongovernmental organization (NGO) Transformation Resource Center (TRC), churches, the business community, and the courts visited prisoners. Diplomatic and International Committee of the Red Cross representatives periodically visited foreign nationals detained in the country. Following the relaxation of COVID-19 restriction in September, visitors were allowed limited contact with inmates and to provide them food, medicine, and personal hygiene products.

d. Arbitrary Arrest or Detention

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. In August 2019 Chief Magistrate Matankiso Nthunya stated police often detained individuals improperly and attempted to refer cases for prosecution based on insufficient evidence. Nthunya added that in many cases police sought to punish defendants for unknown reasons unrelated to any substantiated criminal offense.

The law requires police, based on sufficient evidence, to obtain an arrest warrant from a magistrate prior to making an arrest on criminal grounds. Police arrested suspects openly, informed them of their rights, and brought those charged with a crime before a judicial officer. By law police are required to inform suspects of charges against them upon arrest and present suspects in court within 48 hours. According to media, police did not always inform suspects of charges upon arrest and detained them for more than the prescribed 48 hours. By law authorities may not hold a suspect in custody for more than 90 days before a trial except in exceptional circumstances.

The law provides for bail, which authorities granted regularly and, in most cases, fairly.

Defendants have the right to legal counsel. Authorities generally allowed detainees prompt access to a lawyer. The Legal Aid Division under the Ministry of Justice and Law and NGOs offered free legal assistance, but it was insufficient to provide counsel for all indigent detainees.

Arbitrary Arrest: 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. Arbitrary arrest and detention was a continuing problem. In August 2019 Chief Magistrate Matankiso Nthunya stated police often detained individuals improperly and attempted to refer cases for prosecution based on insufficient evidence. Nthunya added that in many cases police sought to punish defendants for unknown reasons unrelated to any substantiated criminal offense.

Pretrial Detention: Pretrial detainees constituted 29 percent of the prison population. The average length of pretrial detention was 90 days, after which authorities usually released pretrial detainees on bail pending trial. Pretrial detention sometimes lasted for years, however, due to judicial staffing shortages, unavailability of legal counsel, or negligence. In April 2019 acting chief justice Maseforo Mahase visited the Maseru correctional facility and discovered pretrial detainees who had been imprisoned for up to eight years without charge.

The constitution and law provide for an independent judiciary, but in 2019 the Law Society of Lesotho stated the government did not respect judicial independence. In some cases authorities failed to respect court orders. There were several reports of abuses similar to the following examples. On April 18, Deputy Commissioner Sera Makharilele was appointed acting police commissioner despite a High Court order not to replace the incumbent, Holomo Molibeli. On February 5, acting chief justice Maseforo Mahase intervened in the bail hearing of the spouse of former prime minister Thabane, Maesaisah Thabane, who was indicted for murder. Mahase ordered payment of minimal bail and Thabane’s release. On May 29, the Court of Appeal revoked Thabane’s bail. On June 3, a magistrate court ordered reincarceration. On June 29, High Court Judge Thamsanqa Nomngcongo ordered her release on bail. No date for Thabane’s trial had been set by year’s end, and she remained free on bail.

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

Criminal defendants enjoy the right to a presumption of innocence. In most cases officials informed defendants promptly and in detail of the charges against them with free interpretation as necessary during proceedings at the magistrate and High Court levels but not at other points in the criminal justice process. By law the free assistance of an interpreter is not required for Court of Appeal cases. In some cases interpreters were not readily available, resulting in delays in the filing of charges. Trial delays resulted from a large backlog of cases due to an inadequate number of judges, the failure of defense attorneys to appear in court, defendants changing legal counsel, and motions for recusal of judges. Defendants have the right to be present at their trial, to communicate with an attorney of their choice, and have adequate time and facilities to prepare a defense. Defendants may confront and question witnesses against them and present witnesses on their own behalf. The law allows defendants to present evidence on their own behalf at a magistrate’s court, but the High Court requires a lawyer present evidence. Defendants may not be compelled to testify or confess guilt and may appeal a judgment.

In civil and criminal matters, a single judge normally hears cases. In constitutional, commercial, and appeal court cases, more than one judge is assigned. By law civil and criminal trials are open to the public.

There were no reports of political prisoners or detainees.

Individuals and organizations may seek civil remedies for human rights violations through domestic courts.

The constitution and law prohibit arbitrary interference with privacy, family, home, and correspondence, and the government generally respected these prohibitions. Although search warrants are required under normal circumstances, the law provides police with the power to stop and search persons and vehicles as well as to enter homes and other places without a warrant if the situation is life threatening or there are “reasonable grounds” to suspect a serious crime has occurred. Additionally, the law states any police officer of the rank of inspector or above may search individuals or homes without a warrant.

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

On January 26, bodyguards of President George Weah assaulted Zenu Koboi Miller, a local broadcast journalist, as he was leaving the Samuel Kanyon Doe Sport Stadium in Monrovia. On January 27, the case was highlighted in a statement by the Press Union of Liberia (PUL), an independent organization for media professionals, and later by the Committee to Protect Journalists. Miller wrote in a Facebook post that he had seen a doctor and was suffering from pains in his legs and chest after the “brutal attack.” Miller filed a complaint with the PUL, which met with police leadership on January 30 and called for a transparent investigation, according to a PUL statement. Miller died in a local hospital on February 15, after complaining of numbness in his left arm and legs, according to local news reports. While a direct link between the assault and death was never established, since an autopsy was not conducted, the family issued a statement saying Miller had died of hypertension and stroke.

On March 8, off-duty Liberia National Police (LNP) Sergeant Sensee Kowo, who was also the deputy commander of LNP Ganta City Detachment in Nimba County, allegedly flogged and choked 18-year-old motorcyclist Samuel Selleh after an argument; Selleh died shortly thereafter. Authorities fired Kowo and opened an investigation into the death. One account of the events suggested Selleh died as a result of stones thrown by friends who came to his defense. Sergeant Kowo (who originally fled the scene) was arrested and charged with murder. At the first hearing of the Eighth Judicial Circuit Court in Sanniquellie, Nimba County, during the August Term of Court, the former sergeant’s plea for a change of venue was granted, and the case was pending transfer to Grand Bassa County at year’s end.

In June the Civilian Complaints Review Board, an independent body mandated by law to investigate police acts of violence against innocent persons, began an investigation into circumstances that resulted in the death of a three-year-old child, Francis Mensah, in the Township of West Point. The child died on April 20, reportedly as a result of an injury he sustained after six LNP officers allegedly kicked over a pot of hot water that fell on him. According to a press release issued by the review board chairman, Councilor Tiawan Gongloe, the officers were suspended. An LNP investigation found the death was not caused intentionally, but some LNP officers involved received suspensions due to irregularities in reporting the event.

There were no new developments in the June 2019 fatal shooting of 17-year-old Abraham Tumay by police officers during a protest demanding justice for the mysterious killing of two minors in May 2019. Four police officers were charged with negligent homicide, aggravated assault, and criminal facilitation in connection with Tumay’s death. The officers allegedly fired live ammunition into the air in an attempt to disperse protesters, striking Tumay. The four officers were incarcerated at the Monrovia Central Prison awaiting trial.

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

The constitution and law prohibit such practices; however, there were reports that government authorities allegedly abused, harassed, and intimidated persons in custody as well as those seeking protection.

On April 23, Mohammed Komara, a man reportedly suffering from mental illness, breached the perimeter of the president’s private residence in Paynesville, outside Monrovia. LNP officers and agents of the Executive Protection Service kicked and used sticks to prod the individual while he lay prostrate, shirtless, and handcuffed, according to a widely circulated video of the incident. The Office of the President announced the launch of an investigation into the case.

Impunity was a problem in the security forces. Police and other security officers allegedly abused, harassed, and intimidated persons in police custody, as well as those seeking police protection. The penal code provides criminal penalties for excessive use of force by law enforcement officers and addresses permissible uses of force during arrest or while preventing the escape of a prisoner from custody. An armed forces disciplinary board investigates alleged misconduct and abuses by military personnel. The armed forces administer nonjudicial punishment. As of August the disciplinary board had three active cases. In accordance with a memorandum of understanding between the Ministries of Justice and Defense, the armed forces refer capital cases to the civil court system for adjudication.

Prison and Detention Center Conditions

Prison conditions were at times harsh and life threatening due to food shortages, gross overcrowding, inadequate sanitary conditions, and poor medical care.

Physical Conditions: Gross overcrowding continued to be a problem. The Bureau of Corrections and Rehabilitation reported the prison population in the country’s 16 facilities was almost twice the planned capacity. Approximately one-half of the country’s 2,572 prisoners were at the Monrovia Central Prison, which was originally built for 374 detainees but as of December held 1,230. The local nongovernmental organization (NGO) Prison Fellowship Liberia reported that overcrowding in Block D of the Monrovia Central Prison required prisoners to sleep in shifts. The majority of juveniles were in pretrial detention. Pretrial detainees and convicted prisoners were held together. In some cases men and women were held together, and juveniles were held with adults.

According to the Bureau of Corrections and Rehabilitation, from January through September, there were 23 prison deaths in the country, including 13 deaths at the Monrovia Central Prison, four deaths each at the Gbarnga Central Prison and the Harper Central Prison, and one death each at the Tubmanburg Central Prison and the Buchanan Central Prison. According to the Bureau of Corrections and Rehabilitation, none of the deaths in prisons during the year resulted from prison violence or mistreatment of prisoners. The bureau attributed the deaths to medical reasons–other than COVID-19–including anemia, heart conditions, and infectious diseases. According to Prison Fellowship Liberia, however, Ministry of Health officials working in the prisons did not test the bodies of deceased prisoners for signs of COVID-19 infection.

Access to food and medical care was inadequate, according to the UN Standard Minimum Rules for the Treatment of Prisoners that “[e]very prisoner shall be provided by the prison administration at the usual hours with food of nutritional value adequate for health and strength, of wholesome quality and well prepared and served,” but improved, relative to the preceding year. Bureau of Corrections and Rehabilitation administrators acknowledged interruptions to the food supply during the year and blamed poor road conditions and delayed budgetary allotments. Prison Fellowship Liberia reported prisoner diets overall remained poor even though rations had improved from the prior year. The Monrovia Central Prison sometimes served rice alone, with prisoners purchasing oil from vendors at the prison to supplement their diet. In some locations prisoners supplemented their meals by purchasing food at the prison or receiving food from visitors. Some prisoners grew their own rice and vegetables to supplement food rations.

Bureau of Corrections and Rehabilitation officials reported six of the country’s 16 prisons had medical clinics while the rest were visited by nurses. Nurses were scheduled to visit each of the prisons without a medical clinic once or twice a week but rarely adhered to the schedule, and facilities often went weeks without medical staff visits. The only location where medical staff was available Monday through Friday was the Monrovia Central Prison, from approximately 8 a.m. to 3 p.m.

The Ministry of Health and county health teams had primary responsibility for the provision of medicines, but the supply chain was weak throughout the country, and prison medical staff often did not have access to necessary medicines. Since replenishment sometimes took weeks or months, inmates often went without medication for lengthy periods. A variety of NGOs, including Serving Humanity for Empowerment and Development and the Rural Human Rights Activities Program, provided some medications for detainees. Prison Fellowship Liberia noted that in some instances family members were not notified when prisoners were seriously ill. There were reports of inadequate treatment for ailing inmates and inmates with disabilities. Authorities determined whether to release an ill prisoner on an ad hoc basis, and most were quarantined after presenting symptoms rather than being released. In June the newspaper Front Page Africa reported the Bureau of Corrections and Rehabilitation had implemented measures, including requiring handwashing and temperature checks of visitors, to prevent the spread of COVID-19 to the prison population.

In some locations the Bureau of Corrections and Rehabilitation lacked adequate vehicles and fuel and relied on the LNP to provide court and medical escorts.

Conditions for female prisoners were somewhat better than for males. Female inmates were less likely to suffer from overcrowding and had more freedom to move within the women’s section of facilities. According to the Independent National Commission on Human Rights (INCHR), female detainees often lacked sanitary items unless provided by family; occasionally NGOs donated these items, but stocks ran out quickly.

Administration: The Bureau of Corrections and Administration noted the creation of an investigative board at Monrovia Central Prison to ensure reports of prisoner misconduct were reviewed for appropriate administrative action.

Independent Monitoring: The government permitted independent monitoring of prison conditions by local human rights groups, international NGOs, the United Nations, diplomatic personnel, and media. Some human rights groups, including domestic and international organizations, visited detainees at police headquarters and prisoners in the Monrovia Central Prison. The INCHR and Prison Fellowship Liberia had unfettered access to facilities. According to the Bureau of Corrections and Rehabilitation, Liberian New Hope Foundation Center, Serving Humanity for Empowerment and Development, Finn Church Aid, Serving Humanity for Development, UN Development Program (UNDP), and Rural Human Rights Activities also visited prisons during the year.

Improvements: Early in the year, the government established the Human Rights in Prison Coordination Platform to ensure the human rights of inmates or persons deprived of their liberty were protected. The coordination platform comprised representatives of the Protection Unit of the Ministry of Justice, Bureau of Corrections and Rehabilitation, Ministry of Health, donor partners, and civil society organizations working on access to justice programs and on programs in education, agriculture, and health. The platform acquired and distributed COVID-19 materials and medicine to prisons, through funding from the UNDP and two civil society organizations, Serving Humanity for Empowerment and Dignity and the Rural Human Rights Activist Program.

During the year Bureau of Corrections and Rehabilitation administrators reported expanding a rehabilitation center in Gbarnga, expanding tailoring and soap-making programs at Monrovia Central Prison, and setting up an investigation board. Prison Fellowship Liberia noted improvements in the provision of psychological counseling for prisoners and the treatment of prisoners by corrections officers. Psychological counseling was extended to 10 prisons across the country.

d. Arbitrary Arrest or Detention

The constitution and 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. The government did not always observe these prohibitions and rights. Police officers and magistrates frequently detained citizens for owing money to a complainant. The INCHR reported magistrate court judges continued to issue writs of arrest unilaterally, without approval or submission by the city solicitors.

In general police must have warrants issued by a magistrate to make arrests. The law allows for arrests without a warrant if the necessary paperwork is filed immediately afterwards for review by the appropriate authority. Nonetheless, arrests often were made without judicial authorization, and warrants were sometimes issued without sufficient evidence. Police sometimes requested money to effect arrests for prosecuting authorities.

The law provides that authorities either charge or release detainees within 48 hours. Detainees generally were informed of the charges against them upon arrest but not always brought before a judge for arraignment within 48 hours. According to the INCHR, a detainee’s access to a hearing before a judge sometimes depended on whether there was a functioning court or available transportation in the area. Those arraigned were often held in lengthy pretrial detention. Some detainees, particularly among the majority who lacked the means to hire a lawyer, were held for more than 48 hours without charge. The law also provides that, once detained, a criminal defendant must be indicted during the next succeeding 90-day term of court after arrest or, if the indicted defendant is not tried within the next succeeding court term and no cause is given, the case against the defendant is to be dismissed; nevertheless, cases were rarely dismissed on either ground. Approximately 50 percent of pretrial detainees nationwide had been incarcerated for more than two terms of court without a hearing.

There is a public defender’s office at the Monrovia Central Prison. The Ministry of Justice assigned 12 public defenders to Montserrado County where Monrovia is located and one or two for each of the other counties. Under the public defender program, each police station is required to maintain an office of court liaison that works with the public defender’s office in each county. According to the national coordinator of the program, the 41 public defenders, up from 39 in 2019, were insufficient to provide adequate access to justice for indigent persons across the country. Magistrates or police officers are responsible for contacting the public defender in cases where individuals are arrested on a warrant. In the instances when a warrantless arrest is made, the court liaison officer is responsible for contacting the public defender. In practice, however, some local public defenders relied on local jailers to provide notification of new arrestees. According to the INCHR, some jurisdictions occasionally lacked both a prosecutor and a public defender, and the magistrate judge proceeded without them.

The law provides for bail for all noncapital or non-drug-related criminal offenses; it severely limits bail for individuals charged with capital offenses or serious sexual crimes. Bail may be paid in cash, property, or insurance, or be granted on personal recognizance. The bail system was inefficient and susceptible to corruption. The INCHR reported judges misused the bail system, viewing it as punitive rather than a way to regulate appearance in court. Some judges used the possibility of bail as a way to solicit bribes. Aside from a few high-profile cases, house arrest was rarely used.

Detainees have the right to prompt access to counsel, visits from family members, and, if indigent, an attorney provided by the state in criminal cases. Public defender’s offices remained understaffed and underfunded, and some allegedly charged indigent clients for their services. The Liberia National Bar Association (LNBA) reported logistical support frequently was not provided to public defenders. In Lofa County, for example, there were two public defenders to cover eight court districts. In some cases courts permitted legal apprentices to represent defendants.

Although official policy allows detained suspects to communicate with others, including a lawyer or family member, inadequate provision of telephone services resulted in many inmates being unable to communicate with anyone outside of the detention facility. The Bureau of Corrections and Rehabilitation reported that Finn Church Aid provided cell phones to some prisons to allow detainees to contact their families and lawyers.

Arbitrary Arrest: Security forces and the LNP continued to make arbitrary arrests. The Press Union of Liberia reported radio journalist David K. Yango was unjustly arrested, beaten, and jailed while conducting interviews with market sellers on May 7. Yango relayed to the Media Foundation for West Africa through a messaging app that he was taken to the police station and detained on the orders of Elijah Baysah, whom he described as the commander of the LNP Red Light Zone 9 Depot No. 2. Yango reportedly suffered injuries after the police used force. “I lost my recorder during the assault, and the police deleted my videos before returning my seized phone,” Yango said, after his release.

On June 26, National Security Agency authorities arrested and detained the CEO of Orange Liberia, allegedly to investigate whether he was involved in a protest and accused him of “trying to destabilize the country.” Some business leaders viewed the arrest as an attempt to pressure the company to drop its litigation against the government pending before the Supreme Court regarding the imposition of surcharges to tariffs. The company issued a statement denying the CEO was involved in the protests and underscored its corporate policy against political participation. Authorities released the CEO shortly after detention, and he soon departed the country.

Pretrial Detention: Although the law provides for a defendant to receive an expeditious trial, lengthy pretrial and prearraignment detention remained serious problems. As of July pretrial detainees accounted for approximately 63 percent of the prison population across the country and 77 percent in the Monrovia Central Prison. In some cases the length of pretrial detention exceeded the maximum length of sentence that could be imposed for the alleged crime.

The use of detention as a punitive measure, failure to issue indictments in a timely manner, lack of a functioning bail system, poor court recordkeeping and missing files, failure of judges to assign court dates, failure of defense counsel to file motions to dismiss, and a lack of resources for public defenders all contributed to prolonged pretrial detention. For example, as of October the oldest pretrial detainee case dated to 2014.

In March as the first cases of COVID-19 were confirmed in the country, the LNBA increased its efforts to secure the release of pretrial detainees in order to reduce overcrowding in prisons. Over a two-month period, 200 pretrial detainees were released from the Monrovia Central Prison.

In April, Front Page Africa reported eight pretrial detainees accused of rape and statutory rape, nonbailable offenses, in Bong County were released without trial after spending a year in detention. The court released the suspects to the defense attorney, who said the state failed to provide sufficient evidence against the suspects, so the court had the right to release them. The Bong County Chief Prosecutor was unsuccessful in his plea to the court that releasing the eight individuals violated the law. There was reportedly one individual accused in the case who remained in custody at year’s end on unrelated charges.

From January to July, 200 pretrial detainees had their cases dismissed and were released under the Magistrate Sitting Program.

The corrections system continued to develop its capacity to implement probation. During the year authorities doubled the number of probation officers to 50.

With UNICEF’s support and in coordination with the Ministry of Gender, Children, and Social Protection, the Child Justice Section of the Ministry of Justice worked to remove children from the criminal justice system. During the year 66 children were removed from detention. In addition, another 248 cases, consisting of 182 boys and 66 girls, were mediated to avoid their detention altogether.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Persons arrested or detained, regardless of whether on criminal or other grounds, are entitled to challenge in court the legal basis or arbitrary nature of their detention and to request prompt release, although in reality few were able to do so because of inaction at the courts and because they lacked adequate counsel.

The constitution provides for an independent judiciary, but judges and magistrates were subject to influence and engaged in corruption. Judges sometimes solicited bribes to try cases, grant bail to detainees, award damages in civil cases, or acquit defendants in criminal cases. Defense attorneys and prosecutors sometimes suggested defendants pay bribes to secure favorable decisions from judges, prosecutors, and jurors, or to have court staff place cases on the docket for trial.

In August the Global News Network reported that Eva Mappy Morgan, chief judge of the Commercial Court and president of the National Trial Judges of Liberia, was the subject of an investigation for alleged malpractice. Judge Morgan was linked to a 2013 communication in which it was alleged the Commercial Court authorized the withdrawal, without the consent of one of the litigating parties, of an amount of $3.4 million at the Liberian Bank for Development and Investment, which was being held in escrow pending final determination of a commercial dispute between Ducor Petroleum Inc. and the Monrovia Oil Trading Company. The court unilaterally ordered the withdrawal of more than three million dollars from the bank. The Judicial Inquiry Commission investigation of the case continued at year’s end. The commission is an auxiliary group established within the judiciary with the exclusive power and authority to receive and investigate complaints against judges for violation of any provision of the judicial canons.

Some judicial officials and prosecutors appeared subject to pressure, and the outcome of some trials appeared to be predetermined, especially when the accused persons were politically connected or socially prominent. In July, Criminal Court C dismissed indictment charges against suspended Andrew Wonplo, the director of passports and visas at the Ministry of Foreign Affairs, after he was arrested in August 2019 for selling passports to foreign nationals from 2018 to 2019. The case was dismissed on a procedural ruling that the state did not proceed within the statutory period. On September 16, however, the government issued a second writ of arrest against Wonplo and 12 other suspects for fraudulent issuance of more than 4,000 passports, which the government alleged deprived it of more than $30,000 in revenue.

While the Supreme Court made provision through the establishment of the Grievance and Ethics Committee for the review of unethical conduct of lawyers and suspended some lawyers from legal practice for up to five years, the public brought few cases. Both the Grievance and Ethics Committee and the Judicial Inquiry Commission lacked appropriate guidelines to deliver their mandates effectively and were perceived as nontransparent and subject to influence.

The constitution and law provide for the right to a fair and public trial, but judges and magistrates were subject to influence. By law defendants may opt for a jury trial or a trial by judge. Defendants have the right to be present at their trials and consult with an attorney (or be provided one at public expense) in a timely manner. Defendants have the right to be informed of charges promptly and in detail. If a defendant, complainant, or witness does not speak or understand English, the court is to provide an interpreter for the trial. The justice system does not provide interpreters throughout the legal process, however. For example, there were no sign language interpreters or other accommodations provided for deaf persons, and rarely is interpretation available unless paid for by the defendant.

Defendants also have the right to a trial without delay and to have adequate time and facilities to prepare their defense, although these rights often were not observed. Defendants are generally presumed innocent under the law, and they have the right to confront and question prosecution or plaintiff witnesses, present their own evidence and witnesses, and appeal adverse decisions. These rights were often not observed and were rarely enforced.

Some local NGOs continued to provide legal services to indigent defendants and others who had no representation. The Association of Female Lawyers of Liberia continued to run a legal aid project supported by the UNDP to promote and protect the rights of women, children, and indigent persons in two counties. The LBNA expanded its legal services to the indigent through legal aid clinics in five counties, working on approximately 200 cases.

There were no reports of political prisoners or detainees.

The constitution stipulates the creation of a claims court, but it had not occurred by year’s end. There was no specialized court to address lawsuits seeking damages for human rights violations. Individuals or organizations may seek remedies for human rights violations through domestic courts or through administrative mechanisms. Human rights violations are generally reported to the INCHR, which refers cases to relevant ministries, including the Ministry of Justice. In some cases individuals and organizations may appeal adverse domestic decisions to regional human rights bodies after all domestic redress options have been exhausted. While there is an Economic Community of West African States (ECOWAS) Court of Justice to address human rights violations in member states, few citizens were aware of it or could afford to access this court. In 2019 the ECOWAS court heard a $500 million suit brought on behalf of 823 ethnic Mandingoes who alleged they were displaced from their lands in Nimba County during the civil wars. In June the court heard the case of former supreme court associate justice Kabineh Ja’neh, who asserted that he was wrongfully impeached and removed from office in March 2019. On November 10, the ECOWAS Court of Justice ordered the Republic of Liberia to pay former associate justice Ja’neh $200,000 as reparation for moral prejudice suffered for the violation of his rights. The court further ordered the judge’s reinstatement as an associate justice of the Supreme Court. The court gave the government six months to report on the enforcement of the judgment. At year’s end, however, it was unclear whether the government would choose to recognize the court ruling. In a November 17 statement, the Senate justified its decision to impeached Ja’neh.

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

There were numerous reports that armed groups aligned with both the Government of National Accord (GNA) and the Libyan National Army (LNA) and other nonstate actors, including foreign fighters and mercenaries, committed arbitrary or unlawful killings. The Ministry of Interior, Ministry of Justice, and Office of the Attorney General bore responsibility for investigating such abuses and pursuing prosecutions but were either unable or unwilling to do so in most cases due to severe capacity constraints.

Alliances, sometimes temporary, among elements of the government, nonstate actors, and former or active officers in the armed forces participating in extralegal campaigns made it difficult to ascertain the role of the government in attacks by armed groups.

In July, GNA Coast Guard officials shot and killed three migrants as they attempted to escape from authorities after being disembarked from a vessel intercepted on the Mediterranean.

In June at least eight mass graves were discovered in the city of Tarhouna and in areas of southern Tripoli, which had been under the territorial control of LNA-aligned forces, including the Kaniyat militia, since April 2019. According to Libya’s General Authority for the Search and Identification of Missing Persons (GASIMP), the remains of at least 102 persons, including women and children, had been uncovered as of late October. More than 100 additional bodies were recovered from Tarhouna Hospital, reportedly including many civilians. An additional 270 persons were missing from the area, according to accounts from families. On October 18, GASIMP reported the discovery of an additional five mass graves near Tarhouna containing the remains of at least 12 unidentified persons, six of whom were bound and blindfolded. According to GASIMP officials, their investigation into these mass graves continued.

Eastern authorities reportedly killed one civilian and injured three others during peaceful demonstrations in the city of al-Marj on September 12, according to UN Support Mission in Libya (UNSMIL).

In some cases foreign mercenaries carried out unlawful killings with support from their home governments. The Russia-linked Wagner Group provided command and control support in the LNA’s offensive on Tripoli, which resulted in hundreds of civilian casualties.

Nonstate armed groups and criminal gangs committed other unlawful killings. In May a trafficking ring in the northwestern city of Mizda massacred 30 migrants and seriously injured several others. The MOI announced an investigation and arrest warrants for suspects shortly after the incident, which was ongoing at year’s end.

Armed groups in Tripoli linked to the GNA used machine guns and vehicle-mounted antiaircraft weapons to disperse largely peaceful anticorruption protests between August 23 and August 29, allegedly killing one protester, according to Human Rights Watch. The armed groups–including the Nawasi Brigade and the Special Deterrence Forces/Rada Group–reportedly arbitrarily detained at least 23 protesters and a journalist covering the event, with additional allegations of torture and disappearances.

In the absence of an effective judicial and security apparatus, most killings were not investigated. Between January and June, the UN Office of the High Commissioner for Human Rights (OHCHR) documented the deaths of 170 civilians and the injury of 319 others. From June to November, UNSMIL reported at least five civilian deaths and 16 injuries, including to three women and three boys younger than 10.

Between January and June, the UN Office of the High Commissioner for Human Rights (OHCHR) documented the deaths of 170 civilians and the injury of 319 others. From June to November, UNSMIL reported at least five civilian deaths and 16 injuries, including to three women and three boys younger than 10.

On June 3, drone strikes in support of the GNA struck the Qasr bin Gashir District of southern Tripoli, resulting in the killing of 17 civilians, according to UNSMIL.

In early June, as LNA units withdrew from Tripoli, Russian Wagner Group mercenaries indiscriminately planted land mines, booby traps, and improvised explosive devices around the outskirts of Tripoli, including in heavily residential areas. UNSMIL subsequently determined these devices were responsible for 43 civilian casualties, including the killing of two mine-clearing experts and the injury or maiming of 41 other civilians, including a number of children.

On November 10, unidentified gunmen shot and killed prominent lawyer and anticorruption activist Hanan al-Barassi in the eastern city of Benghazi. Al-Barassi was an outspoken critic of abuses in areas controlled by the LNA. Amnesty International reported al-Barassi had received death threats and had planned to release video exposing corruption within Haftar’s family on social media. The LNA ordered an investigation into the assassination.

GNA and LNA-aligned armed groups, other nonstate armed groups, criminal gangs, and tribal groups committed an unknown number of forced disappearances (see section 1.g.). Due to its limited capacity, the GNA made few effective efforts to prevent, investigate, or penalize forced disappearances.

In March, UNSMIL expressed concern over an increase in abductions and enforced disappearances in towns and cities across the country conducted by armed groups with total impunity. Migrants, refugees, and other foreign nationals were especially vulnerable to kidnapping. UNSMIL received reports that hundreds of migrants and refugees intercepted or rescued at sea by the Libyan Coast Guard went missing after disembarking at Libyan ports, and it was possible they were seized by armed groups engaged in human trafficking or smuggling. The Office of the UN High Commissioner for Refugees (UNHCR) reported that between January and November, 192 migrants and refugees were confirmed missing and 107 bodies were recovered during search and rescue operations.

Following the LNA’s capture of Sirte in January, UNSMIL received reports of enforced disappearances perpetrated by armed groups perceived as being loyal to the GNA.

In June following the discovery of mass graves in Tarhouna, UNSMIL reported it had received reports of hundreds of crimes, including a significant number of forced disappearances, perpetrated in Tarhouna in recent years. On February 5, it was widely reported that the Tarhouna-based Kaniyat militia abducted several women whose fates remain unknown.

July 17 marked the one-year anniversary of the high-profile disappearance of member of parliament Siham Sergiwa, who was abducted from her home shortly after criticizing the LNA’s Tripoli offensive in a television interview. Her whereabouts remained unknown, and her disappearance reportedly had a chilling effect on women’s political participation.

Libyan and international human rights organizations reported that dozens of civil society activists, politicians, judges, and journalists have been forcibly disappeared by both western and eastern security services or armed groups and detained for making comments or pursuing activities perceived as being disloyal to the GNA or LNA. On February 26, unknown individuals abducted Judge Mohamed bin Amer while he was walking with his wife and children in the western city of al-Khoms. Numerous judges, lawyers, and public prosecutors across western Libya protested publicly to demand his release. His whereabouts remained unknown. On March 2, armed men from the “Security Operations Room” of the LNA in Derna arrested the general manager of al-Harish hospital from his home; he was reportedly subsequently released. On October 21, the head of the GNA Media Corporation, Mohamed Bayou, along with his two sons and the newly appointed head of programs at the Libya al-Wataniya television channel, Hind Ammar, were abducted by the Tripoli Revolutionaries Brigade, a Tripoli-based militia. Bayou’s two sons and Ammar were released soon afterwards.

Many disappearances that occurred during the Qadhafi regime, the 2011 revolution, and the postrevolutionary period remained uninvestigated. Due to the continuing conflict, weak judicial system, and legal ambiguity regarding amnesty for revolutionary forces, law enforcement authorities and the judiciary made no appreciable progress in resolving high-profile cases. Authorities engaged in documenting missing persons, recovering human remains, and reunifying families reported being underfunded. The International Commission on Missing Persons estimated there could be up to 15,000 missing persons in the country dating back to the Qadhafi era.

While the 2011 Constitutional Declaration and postrevolutionary legislation prohibit such practices, credible sources indicated personnel operating both government and extralegal prisons and detention centers tortured detainees (see section 1.g.). While judicial police controlled some facilities, the GNA continued to rely on armed groups to manage prisons and detention facilities. Furthermore, armed groups, not police, initiated arrests in many instances. An unknown number of individuals were held without judicial authorization in other facilities nominally controlled by the Ministry of Interior, Ministry of Defense, or in extralegal facilities controlled by GNA-affiliated armed groups, LNA-affiliated armed groups, and other nonstate actors. Treatment varied from facility to facility and typically was worst at the time of arrest. There were reports of cruel and degrading treatment in government and extralegal facilities, including beatings, administration of electric shocks, burns, and rape. In many instances this torture was reportedly initiated to extort payments from detainees’ families.

International and Libyan human rights organizations noted that the GNA-aligned Special Deterrence Force and Nawasi Brigade conducted summary executions, acts of torture, and other abuses at official prisons and unofficial interrogation facilities.

In June following the withdrawal of the LNA-aligned Kaniyat militia from the city of Tarhouna, advancing GNA forces found corpses at Tarhouna Hospital that bore wounds indicative of torture. In July a pro-GNA news network broadcast footage of an extralegal detention facility where it claimed the Kaniyat had tortured victims by confining them in metal cell-like containers and lighting fires on top of the containers.

In addition to individuals held in the criminal justice system, the International Organization for Migration (IOM) estimated that 2,565 refugees, asylum seekers, and migrants were held in migrant detention centers nominally controlled by the Ministry of Interior’s Department to Combat Illegal Migration (DCIM) as of December. An unknown number of other refugees and migrants were held in extralegal detention facilities, such as smugglers’ camps, controlled by criminal and nonstate armed groups. Persons held in these facilities were routinely tortured and abused, including being subjected to arbitrary killings, rape and sexual violence, beatings, forced labor, and deprivation of food and water according to dozens of testimonies shared with international aid agencies and human rights groups. In January, for example, UNSMIL interviewed 32 migrants who had been arbitrarily detained and subjected to torture or rape for ransom by nonstate criminal groups and state officials, including DCIM and Coast Guard employees.

In June and July, migrants who claimed to have escaped from informal human trafficking camps in Bani Walid, southeast of Tripoli, appeared at aid organization offices in Tripoli bearing wounds indicative of torture.

Impunity was a significant problem within the security forces, and the GNA lacked the ability seriously to pursue accountability for abuses due to challenges posed by the ongoing civil conflict, political fragmentation, a lack of territorial control over much of the country, and widespread corruption.

Prison and Detention Center Conditions

Prisons and detention facilities were often overcrowded, and conditions were harsh and life threatening, falling well short of international standards. Many prisons and detention centers were outside GNA control (see section 1.g.).

Physical Conditions: During the year prisons remained overcrowded, were in need of infrastructural repairs, suffered from poor ventilation, lacked adequate hygiene facilities, and experienced power and water outages. Prisons lacked clean drinking water and served low-quality food. UN agencies reported malnutrition was a risk in some prisons and detention centers, notably at DCIM facilities, which did not receive a food budget.

Communicable diseases, including tuberculosis, scabies, and HIV/AIDS, affected detainees in some prisons and detention centers. There were unconfirmed cases of COVID-19 reported in the LNA-controlled Kweifiyah Prison in Benghazi. Most prisons lacked functioning health units, and inmates depended on family members to bring them medicine. Inmates who needed medical attention were sometimes transferred to public hospitals within the jurisdiction of whichever police unit or militia controlled the prison; these transfers often depended on the availability of private vehicles, as most prisons lack ambulances.

There was no centralized record keeping. There were reportedly no functioning juvenile facilities in the country, and authorities held juveniles in adult prisons, although sometimes in separate sections.

UNSMIL estimated there were approximately 500 women detained in Libyan prisons as of May. Women prisoners faced conditions that fell well short of international minimum standards. Although there were often separate facilities for men and women, women remained almost universally guarded by male prison guards. UNSMIL received numerous reports of women who were subjected to forced prostitution in prisons or detention facilities in conditions that amounted to sexual slavery.

According to international and Libyan migration advocates, migrant detention centers suffered from massive overcrowding, poor sanitation, lack of access to medical care, food shortages, and significant disregard for the protection of detainees, including allegations of unlawful killing, sexual violence, and forced labor. As of July, the IOM estimated 27 percent of migrants and refugees held in DCIM detention centers were minors. A large number of migrant and refugee detainees were held in extralegal facilities, although numbers were unknown. There were numerous anecdotal reports that officials, nonstate armed groups, and criminal gangs moved migrants through a network of government and extralegal detention facilities with little monitoring by the government or international organizations.

Administration: The Judicial Police Authority, tasked by the GNA-aligned Ministry of Justice to run the prison system, operates from its headquarters in Tripoli. It remained administratively split, however, with a second headquarters in al-Bayda that reports to a rival, eastern “Ministry of Justice” that provides oversight to prisons in eastern Libya. During the year the ratio of detainees and prisoners to guards varied significantly. Monitoring and training of prison staff by international organizations remained largely suspended, although training of judicial police continued during the year.

Units affiliated with the GNA-aligned Ministries of Interior and Defense and rival eastern security forces operated other prisons and detention centers.

As of April, UNSMIL estimated there were 9,000 persons detained in 28 facilities under Ministry of Justice oversight and up to 10,000 individuals in prisons controlled by the Ministry of Interior, Ministry of Defense, or nonstate armed groups. As of July, the IOM estimated there were 2,400 persons detained in DCIM facilities and potentially thousands of other migrants held in extralegal and informal facilities.

Independent Monitoring: Multiple independent monitoring organizations reported difficulties gaining access to prison and detention facilities, particularly those in eastern Libya. The GNA permitted some independent monitoring by international organizations, including the ICRC, but these movements were tightly controlled. UN and international aid organization sources reported that DCIM officials repeatedly denied access requests. The onset of the COVID-19 pandemic created further barriers to humanitarian access. Although some international organizations received permission to visit migrant detention facilities during the year, the responsiveness of GNA authorities and level of access varied widely from visit to visit. As of November, UNHCR and its partners had conducted 250 visits to DCIM facilities to administer aid and register refugees and asylum-seekers.

Improvements: As of May, the GNA reported that it had released nearly 2,000 persons from Ministry of Justice prisons to reduce overcrowding and minimize possible vectors for the spread of COVID-19. The ministry reportedly prioritized the release of persons who had already served more than half their sentences. While international watchdogs welcomed the move, they noted that the vast majority of persons in prisons and detention facilities were being held in pretrial detention. These groups called on the GNA to immediately release vulnerable inmates in pretrial detention, including women, children, the elderly, and persons with disabilities. UNSMIL maintained that all migrant detention facilities should be closed and the detainees released.

d. Arbitrary Arrest or Detention

There were continued reports by UNSMIL of prolonged and arbitrary detention for persons held in prisons and detention facilities. Human Rights Watch (HRW) stated that a large but indeterminate number of persons held in such prisons and detention centers were arbitrarily detained for periods exceeding one year.

Nonstate actors detained and held persons arbitrarily in authorized and unauthorized facilities, including unknown locations, for extended periods and without legal charges or legal authority.

The prerevolutionary criminal code remains in effect. It establishes procedures for pretrial detention and prohibits arbitrary arrest and detention, but these procedures were often not enforced. The government had weak control over police and GNA-aligned armed groups providing internal security, and some armed groups carried out illegal and arbitrary detentions unimpeded. The low level of international monitoring meant that there were no reliable statistics on the number of arbitrary detentions.

The law stipulates an arrest warrant is required, but authorities may detain persons without charge for as long as six days and may renew detention for up to three months, provided there is “reasonable evidence.” The law also specifies authorities must inform detainees of the charges against them and have a detainee appear before a judicial authority every 30 days to renew a detention order. The law gives the government power to detain persons for up to two months if considered a “threat to public security or stability” based on their “previous actions or affiliation with an official or unofficial apparatus or tool of the former regime.”

Although the 2011 Constitutional Declaration recognizes the right to counsel, the vast majority of detainees did not have access to bail or a lawyer. Government authorities and armed groups held detainees incommunicado for unlimited periods in official and unofficial detention centers.

Arbitrary Arrest: Authorities frequently ignored or were unable to enforce the provisions of the criminal code prohibiting arbitrary arrest and detention. Various GNA-aligned and nonstate armed groups arbitrarily arrested and detained persons throughout the year. UNSMIL, along with other local and international organizations, reported that a number of individuals arriving in Tripoli from eastern Libya were arbitrarily arrested by armed groups in early November. At least one person was followed to his destination in Tripoli and then arrested, while others were allegedly arrested at Tripoli’s Mitiga airport upon arrival.

Pretrial Detention: While authorities must order detention for a specific period not exceeding 90 days, the law in practice results in extended pretrial detention. An ambiguity in the language of the law allows judges to renew the detention period if the suspect is of “interest to the investigation.” In addition, limited resources and court capacity resulted in a severe backlog of cases. UNSMIL estimated that 60-70 percent of persons detained in Ministry of Justice prisons were in pretrial detention. According to international nongovernmental organizations (NGOs), many of these detainees were held for periods longer than the sentences for the minor crimes they allegedly committed. The Ministry of Justice was working to improve practices by training the judicial police on international standards for pretrial detention. The number of persons held in pretrial detention in Ministry of Interior, Ministry of Defense, and extralegal detention facilities was not publicly known.

Some individuals detained during the 2011 revolution remained in custody, mostly in facilities in the west. International NGOs called for the release of detainees held for petty charges to mitigate overcrowding and COVID-19 transmission risk in prisons. The GNA-affiliated Office of the Attorney General established a committee in late 2018 to review cases of arbitrary detention and process detainees for potential release, but international watchdogs criticized the committee for acting slowly.

Armed groups held most of their detainees without charge and outside the government’s authority. With control of the security environment divided among various armed groups and a largely nonfunctioning judiciary, circumstances prevented most detainees from accessing a review process.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: The law allows a detained suspect to challenge pretrial detention before the prosecutor and a magistrate judge. If the prosecutor does not order release, the detained person may appeal to the magistrate judge. If the magistrate judge orders continued detention following review of the prosecutor’s request, and despite the detainee’s challenge, there is no further right to appeal the assigned detention order. A breakdown in the court system, intimidation of judges, and difficulties in securely transporting prisoners to the courts effectively limited detainee access to the courts during the year. For persons held in migrant detention facilities, there was no access to immigration courts or due process.

The 2011 Constitutional Declaration provides for an independent judiciary and stipulates every person has a right of recourse to the judicial system. Nonetheless, thousands of detainees lacked access to lawyers and information concerning the charges against them. In some cases trials were held without public hearings. Judges and prosecutors faced threats, intimidation, violence, and lack of resources. Judges and prosecutors in various parts of the country cited concerns regarding the overall lack of security in and around the courts, further hindering the rule of law. Civilian and military courts operated sporadically depending on local security conditions. Court proceedings were limited in areas affected by continuing hostilities and in the country’s south. All judicial sector proceedings in GNA-controlled areas, including court appearances, were suspended in April and May due to COVID-19 concerns. There were reports of some civilian activists tried in LNA military courts in eastern Libya under dubious charges.

The 2011 Constitutional Declaration provides for the presumption of innocence and the right to legal counsel, provided at public expense for the indigent. During the year GNA-affiliated and nonstate actors did not respect these standards. There were multiple reports of individuals denied fair and public trials, choice of attorney, language interpretation, the ability to confront plaintiff witnesses, protection against forced testimony or confessions, and the right to appeal.

According to reports from international and local NGOs, arbitrary detention and torture by armed groups, including those operating nominally under government oversight, contributed to a climate of lawlessness that made fair trials elusive. Armed groups and families of the victims or the accused regularly threatened lawyers, judges, and prosecutors.

Amid threats, intimidation, and violence against the judiciary, the GNA did not take steps to screen detainees systematically for prosecution or release. The courts were more prone to process civil cases, which were less likely to invite retaliation, although capacity was limited due to a lack of judges and administrators.

Armed groups, some of which were nominally under GNA authority, held persons on political grounds, particularly former Qadhafi regime officials and others accused of subverting the 2011 revolution, in a variety of temporary facilities.

The lack of international monitoring meant that there were no reliable statistics on the number of political prisoners.

The 2011 Constitutional Declaration provides for the right of citizens to have recourse to the judiciary. The judicial system did not have the capacity to provide citizens with access to civil remedies for human rights violations. The Law of Transitional Justice provided for fact-finding, accountability, and reparations for victims, but this was not implemented in practice. Courts did process civil, administrative, family, commercial, and land and property law matters. Lack of security and intimidation by armed groups challenged the ability of authorities to enforce judgements.

Impunity for the state and for armed groups also exists in law. Even if a court acquits a person detained by an armed group, that person has no right to initiate a criminal or civil complaint against the state or the armed group unless “fabricated or mendacious” allegations caused the detention.

The 2011 Constitutional Declaration considers correspondence, telephone conversations, and other forms of communication inviolable unless authorized by a court order. Nonetheless, reports in the news and on social media indicated GNA-aligned groups, LNA-aligned groups, criminal groups, and other nonstate actors violated these prohibitions by monitoring communications without judicial authorization, imposing roadside checks, and entering private homes.

In August a number of Libyan human rights organizations protested the practice by Libyan authorities of searching cell phones, tablets, and laptops at roadside checkpoints, airports, and border crossings. These organizations noted the practice was widespread across both western and eastern Libya and was used as a means to target activists, lawyers, media professionals, bloggers, and migrants.

Invasion of privacy left citizens vulnerable to targeted attacks based on political affiliation, ideology, and identity. Extrajudicial punishment extended to targets’ family members and tribes. Armed groups arbitrarily entered, seized, or destroyed private property with impunity.

Civil society and media reports documented abuses by GNA-aligned groups, LNA-aligned groups, nonstate groups, foreign actors including mercenaries from various countries, and terrorist organizations. Human rights abuses committed by armed groups reportedly included killings, indiscriminate attacks on civilians, kidnapping, torture, appropriation of property, burning of houses and vehicles, and forced expulsions based on political belief or tribal affiliation.

The largest internal conflict during the year occurred near Tripoli, where LNA-aligned forces fought to take control of the city from GNA-aligned forces. The fighting in Tripoli significantly worsened humanitarian conditions in the area.

Killings: There were numerous reports that GNA-aligned groups, LNA-aligned groups, foreign actors and mercenaries, and nonstate actors committed arbitrary and unlawful killings of civilians (see section 1.a.).

In June as GNA forces advanced on the western city of Tarhouna, UNSMIL received reports that GNA-aligned units captured and summarily killed members of LNA-aligned units, including members of the Kaniyat militia.

In June when LNA forces and Wagner Group mercenaries withdrew from Tripoli’s southern suburbs, they planted improvised explosive devices and land mines, which injured and killed civilians seeking to return to their homes as well as humanitarian NGO personnel tasked with clearing these deadly devices.

In May, LNA-aligned units engaged in the torture, summary execution, and desecration of corpses of GNA-aligned fighters who had been captured in or near Tripoli, according to HRW.

Wagner Group personnel were deployed on Tripoli frontlines in support of the LNA as snipers and to direct artillery fire from at least September 2019 to May 2020, UNSMIL reported. Russian-directed shelling caused a number of civilian casualties.

In April, HRW determined, based on missile remnants found onsite, that a November 2019 airstrike on a biscuit factory in Tripoli that killed several civilians was directed by the UAE government on behalf of the LNA. The UAE has flown numerous drone missions in Libya on behalf of the LNA since April 2019.

There were reports of communal violence between ethnic and tribal groups. An indeterminate number of civilians were killed and others injured in clashes between tribal and ethnic groups in southern Libya.

Abductions: GNA-aligned groups, LNA-aligned groups, and other armed groups were responsible for the disappearance of civilians, although few details were available (see section 1.b.). Kidnappings targeted activists, journalists, former government officials, migrants, and the security forces. Kidnappings for ransom remained a frequent occurrence in many cities.

In January, after LNA-aligned groups captured the central Libyan city of Sirte, there were reports that several civilians were abducted and arbitrarily detained by LNA-aligned persons for their perceived loyalty to the GNA.

In April the LNA-aligned Kaniyat militia kidnapped three women, all sisters, from their home in Tarhouna. This was one high-profile example of numerous disappearances reportedly perpetrated by the Kaniyat between January and June.

There were frequent reports of migrants and other expatriate workers abducted for ransom.

Physical Abuse, Punishment, and Torture: Guards at both government and extralegal detention centers reportedly tortured prisoners. The lack of full government control over detention facilities limited information available on conditions within these facilities (see section 1.c.).

The takeover in April of several western Libyan towns by GNA-affiliated groups was accompanied by reports of acts of retribution, including looting, robberies, and torching of public and private properties.

In June, following the advance of GNA-aligned units on Tarhouna, reports emerged–including footage widely circulated on social media–that GNA-aligned units had arbitrarily detained a group of Egyptian laborers and forced them to stand in stress positions.

Prior to their withdrawal from Tarhouna in June, the LNA-aligned Kaniyat militia reportedly tortured numerous civilian victims, notably members of local tribes perceived as opposing the Kaniyat.

Child Soldiers: There were reports of child recruitment and use by armed groups affiliated with both the GNA and LNA, as well as nonstate groups. Although government policy required verification recruits were at least age 18, nonstate armed groups did not have formal policies prohibiting the practice. The GNA did not make credible efforts to investigate or punish recruitment or use of child soldiers.

In June the United Nations reported that Turkey had engaged in large-scale recruitment of Syrian fighters to take part in hostilities in Libya in support of the GNA, including some boys younger than 18. The United Nations expressed concern at reports that both the GNA and LNA were using child soldiers.

In May unverified reports emerged that 20 Syrian children were among Turkish-backed Syrian fighters killed in hostilities in Libya during the year. The United Nations was working to confirm these reports at year’s end.

In the first quarter of the year, UNSMIL verified one instance of child recruitment by LNA-aligned groups.

There were reports that Sudanese and Chadian mercenary groups in southern Libya also engaged in the recruitment or use of children.

Also see the Department of State’s annual Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

Other Conflict-related Abuse: Additional abuses stemming from conflict included restrictions on travel and deliberate attacks on civilian infrastructure.

From January through late September, LNA-aligned units and tribes orchestrated a shutdown of the country’s oil production and exports, effectively shuttering the oil and gas sector and causing an estimated loss of $9.8 billion in state revenues according to the National Oil Corporation. This resulted in delayed public-sector salary payments and a steep rise in fuel prices across the country, limiting commerce and causing serious humanitarian harm.

Authorities at Tripoli’s Mitiga Airport were forced to suspend operations temporarily several times between January and May due to indiscriminate shelling and airstrikes by LNA-aligned groups that killed several civilians in neighborhoods in the vicinity of the airport. On May 9, one airstrike damaged a civilian aircraft that was being used to repatriate Libyan and foreign nationals stranded as a result of the COVID-19 pandemic. Other civilian infrastructure, including Tripoli Port, was shelled by LNA-aligned forces in the first half of the year.

As of June, the World Health Organization reported there had been 21 registered attacks on health facilities and workers, including attacks on hospitals, field clinics, and ambulances. Between January and November, UNSMIL reported 30 attacks on health-care facilities, resulting in eight deaths and 23 injuries. A significant percentage of the health-care infrastructure in the country was inoperable due to damages from conflict, disrepair, or other factors.

In April, Tripoli’s Khadra Hospital, which was designated for civilian use as a COVID-19 treatment facility, was targeted in four separate LNA-aligned airstrikes. Tripoli’s Royal Hospital was targeted in a separate attack, causing extensive damage to the ICU.

Nonstate armed groups also periodically attacked and shut down power and water stations in western and southern Libya as a pressure tactic in local disputes. In April an armed group in the city of Shweirif shut down a local water pump station, disrupting water flow to up to three million residents on the western seaboard.

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.

The constitution and law prohibit such practices, and there were no reports that government officials employed them. There were no reports of impunity in the security forces.

Prison and Detention Center Conditions

There were no significant reports regarding prison or detention center conditions that raised human rights concerns.

Pursuant to bilateral treaties with Austria and Switzerland, the country’s authorities accommodated Liechtenstein long-term prisoners in Austria and confined prisoners undergoing release procedures in detention centers in Switzerland.

Individuals undergoing pretrial detention or awaiting deportation and extradition continued to be held in the country’s only prison, which had a 20-bed capacity. Since the facility served as a short-term prison, authorities asserted they could not always separate different categories of detainees. Female detainees had their own section with four beds. Due to lack of space and the generally very low number of juvenile detainees, authorities usually accommodated juveniles in the women’s ward.

Physical Conditions: There were no major concerns in the prison or asylum center regarding physical conditions or inmate abuse.

Administration: Authorities conducted investigations of credible allegations of mistreatment.

Independent Monitoring: The government permitted monitoring by independent nongovernmental observers, including local human rights groups, media, and the Council of Europe’s Committee for the Prevention of Torture (CPT), among others. The CPT last visited the country in 2016.

d. Arbitrary Arrest or Detention

The constitution and 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. The government generally observed these requirements.

Police detain a suspect based on an arrest warrant issued by the national court. According to the law, every detainee must be informed of the reasons for the detention at the time of detention or immediately thereafter. Within 48 hours of arrest, police must bring suspects before an examining magistrate, who must either file formal charges or order the suspect’s release. Authorities respected this right. The law permits the release of suspects on personal recognizance or bail unless the examining magistrate has reason to believe the suspect represents a danger to society or will not appear for trial. Alternatives to bail include supervision by a probation officer and restrictions on movement. The law grants suspects the right to a lawyer of their own choosing during pretrial detention, and the government provided lawyers at its own expense to indigent persons. During the investigative detention, authorities may monitor visits to prevent tampering with evidence. The CPT expressed concern in 2017 that police can question juveniles and ask them to sign statements in the absence of a lawyer or trusted person, and that inmates, including juveniles, can be held in solitary confinement for disciplinary reasons for up to four weeks. The CPT also criticized authorities’ ability to surveil conversations between detainees and their lawyers.

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

The constitution and law provide for the right to a fair and public trial, and an independent judiciary generally enforced this right. Defendants enjoy the presumption of innocence and the right to be informed promptly and in detail of charges. Trials were conducted in a fair and timely manner. Defendants have the right to be present at their trial.

Defendants are able to communicate with an attorney of their choice, at public expense if the defendant is unable to pay. They and their lawyers are allotted adequate time and facilities to prepare a defense. Defendants have access to free interpretation as necessary from the moment they are charged through all appeals. Defendants may challenge witnesses and evidence, and present witnesses and evidence on their own behalf. They have the right not to testify or confess guilt. Convicted persons have the right to appeal, ultimately to the Supreme Court.

There were no reports of political prisoners or detainees.

Individuals and organizations may seek civil remedies for human rights violations through domestic courts. Individuals and organizations may appeal adverse domestic decisions involving alleged violations of the European Convention on Human Rights to the European Court of Human Rights.

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

There were no reports that the government or its agents committed arbitrary or unlawful killings. Police and prosecutors are responsible for investigating any incidents involving arbitrary deprivation of life or other unlawful or politically motivated killings.

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

The constitution and law prohibit such practices. In its report published in June 2019, the Council of Europe’s Committee for the Prevention of Torture (CPT) stated it had heard allegations of excessive force exerted by prison staff at the Alytus, Marijampole, and Pravieniskes Prisons in subduing interprisoner violence.

Impunity was not a significant problem in the security forces.

Prison and Detention Center Conditions

Some prison and detention center conditions remained poor due to inadequate sanitary conditions and medical care.

Physical Conditions: The 2019 CPT report noted substandard conditions at the Alytus, Marijampole, and Pravieniskes prisons. Inmates in all three prisons, but particularly Marijampole and Pravieniskes, complained about the quality and, especially, the quantity of food. The official minimum cell size for a single prisoner remained 33 square feet, and 37 square feet per person for a multiple-occupancy cell. The CPT recommended increasing the standard to 43 square feet and 65 square feet respectively. The CPT reported its impression that the overcrowded dormitories facilitated violence among prisoners.

The CPT received a number of allegations of deliberate physical mistreatment and excessive use of force by prison staff at the Alytus, Marijampole, and Pravieniskes prisons. The CPT assessed that medical evidence corroborated the reports of physical abuse. The CPT also noted that prison staff used excessive force including punches, kicks, and truncheon blows to de-escalate violence among prisoners. The CPT reported “truly extraordinary levels of interprisoner violence, intimidation, and exploitation” in these prisons. It also reported that inmates seeking protection from fellow prisoners had to spend months (usually six months) if not years in small and often dilapidated cells, and were subjected to severe limitations (no activities, no association, no long-term visits), that amounted to de facto solitary confinement. Many prisoners told the CPT they had sought placement in the punishment blocks because they feared being forced to become drug addicts and contracting HIV and hepatitis C.

In its response to the CPT in June 2019, the government noted that in all reconstructed and newly built penitentiary establishments, living spaces were constructed in such a way that each person being held in a single-occupancy cell has at least 75 square feet of living space and each person in a multiple-occupancy cell has at least 65 square feet. To avoid violence, persons were immediately isolated or transferred to another sector of the correctional establishment.

On January 1, amendments to the Law on Health Insurance extended the list of persons covered by Compulsory Health Insurance to include funds for persons held at detention institutions.

In September 2019 the Office of the Parliamentary Ombudsman reported that Muslim detainees at the Pabrade Foreigners’ Registration Center, a detention center for migrants and asylum seekers, complained about the lack of halal food options and poor sanitary conditions.

Administration: The law requires the Office of the Parliamentary Ombudsman to investigate detention centers and other institutions. The ombudsman’s office generally investigated credible prisoner, migrant, and asylum seeker complaints and attempted to resolve them, usually by making recommendations to the institutions concerned and monitoring their implementation. The ombudsman’s office reported that prison institutions were responsive to all of its interventions. In its report published in June 2019, the CPT found that the investigation of an incident of violence by authorities against prisoners in the Alytus Prison in 2017 “was not effective, especially in the early stages.”

Independent Monitoring: The government permitted monitoring by independent nongovernmental observers. The CPT visited the country in April 2018 and published its report in June 2019.

d. Arbitrary Arrest or Detention

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. The government generally observed these requirements.

Except for persons arrested while committing a crime, warrants are generally required for arrests, and judges may issue them only upon the presentation of reliable evidence of criminal activity. Police may detain suspects for up to 48 hours before formally charging them. Detainees have the right to be informed of the charges against them at the time of their arrest or their first interrogation. The government generally observed these requirements.

Bail is available and was widely used.

The law provides for access to attorneys, and the government provides attorneys to indigent persons. A detained person has the right to meet with lawyers of his or her choice in private before his or her first interrogation. Some detainees who had government-appointed attorneys complained that they met their attorneys for the first time at the court hearing, even in instances when they had requested attorneys shortly after their arrest.

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

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

Defendants have the right to a presumption of innocence, to prompt and detailed information about the charges against them, to a fair and public trial without undue delay, and to be present at their trial. Defendants have the right to communicate with an attorney of their choice (or to have one provided at public expense), adequate time and facilities to prepare a defense, and free assistance of an interpreter from the moment they are charged through all appeals. They are entitled to confront witnesses against them, to present witnesses and evidence in their defense, and to be free of compulsion to testify or confess guilt. They enjoy the right of appeal.

There were no reports of political prisoners or detainees.

Plaintiffs may sue for legal relief or temporary protection measures from human rights violations. Persons alleging human rights abuses may also appeal to the parliamentary ombudsman for a determination of the merits of their claims. Although the ombudsman may only make recommendations to an offending institution, authorities generally implemented the ombudsman’s recommendations. Individuals alleging violations of the European Convention on Human Rights by the government may, after exhausting domestic legal remedies, appeal to the European Court of Human Rights.

The government has laws and mechanisms in place to address the issue of communal property restitution, and nongovernmental organizations (NGOs) and advocacy groups reported that the government has made some progress on the resolution of Holocaust-era claims, including for foreign citizens. A philanthropic foundation created in 2011 to receive government compensation for Communist and Nazi seizures of Jewish community-owned property distributed funds to individuals and to Jewish educational, cultural, scientific, and religious projects. According to an agreement between the government and the Jewish community, the foundation was to disburse 36 million euros ($43 million) by 2023. In 2013 and 2014, the foundation distributed a one-time payment of 870,000 euros ($1.2 million in 2013-14 dollars) to individual survivors. The foundation’s board allocated the remaining funds to support Jewish educational, cultural, scientific, and religious projects. As in 2019 the foundation received 3.6 million euros ($4.3 million) for this purpose, which brought the total received as of January to 21.6 million euros ($25.9 million). Jewish and ethnic Polish communities continued to advocate for private property restitution because there has been no opportunity to submit individual claims since 2001, when the country’s existing restitution law stopped allowing citizens who resided in the country to apply for private property restitution. Despite changes to the citizenship law in 2011 that made it easier to reacquire the country’s citizenship, the government did not reopen the application period for these communities and others who had been excluded from filing claims based on citizenship. There is also no provision for restitution of or compensation for property rendered heirless by the Holocaust. For additional information regarding Holocaust-era property restitution and related issues, please see the Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released publicly on July 29, 2020, at https://www.state.gov/reports/just-act-report-to-congress/.

The constitution prohibits such actions. There were reports, however, that the government failed to respect these prohibitions.

The law requires authorities to obtain a judge’s authorization before searching an individual’s premises. It prohibits indiscriminate monitoring, including of email, text messages, or other digital communications intended to remain private. Domestic human rights groups alleged that the government did not always properly enforce the law. As of September 14, the State Data Protection Inspectorate investigated 710 complaints of privacy violations, compared with 580 such allegations in the first nine months of 2019. Most complaints were individuals’ claims that the government had collected and disclosed their personal information, such as identity numbers, without a legal justification.

There were no reports that the government or its agents committed arbitrary or unlawful killings. The Police General Inspection in collaboration with the judiciary investigates law enforcement killings and pursues prosecution if necessary.

On July 31, the Luxembourg City District Court sentenced a police officer convicted of premeditated murder to a life sentence and fined the officer for damages, payable to the relatives of one of his victims. The police officer was convicted of poisoning his sister and brother-in-law in 2016. The defendant appealed the sentence.

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

The law prohibits such practices, and there were no reports that government officials employed them.

Impunity was not a significant problem in the security forces.

Prison and Detention Center Conditions

There were no significant reports regarding prison or detention center conditions that raised human rights concerns.

Physical Conditions: There were no major concerns in prisons and detention centers regarding physical conditions or inmate abuse.

On January 24, a juvenile judge decided to incarcerate a 17-year-old convict at the Penitentiary Center in Schrassig, an adult prison. The judge took the decision after it became apparent that the minor, who turned 18 during the year, could not remain in close quarters with other minors due to his overtly violent behavior and refusal to undergo counseling. The Public Prosecutor’s Office noted in its January 24 communique the decision was in accordance with the law, which allows judges to place minors in Schrassig. Several nongovernmental organizations (NGOs) criticized the decision, asserting that minors should be kept separate from adult inmates, but the court countered that the extenuating circumstances surrounding this case justified the decision.

Starting March 18, the prison administration introduced measures to prevent the spread of COVID-19 among inmates. Between March 18 and May 11, prison officials suspended in-person visits but increased its virtual visiting room capacity. In addition each prisoner received 50 euros ($60) per month to pay for telephone charges incurred during the period. On May 11, in-person visits resumed under strict health and safety measures. Between March 18 and mid-June, prison officials suspended physical and work activities, with the exception of those judged necessary for prison operation, such as food and commissary services and janitorial duties, with inmates continuing to receive wages. Prison officials also prolonged time allowed for walks in the courtyard to compensate for the lack of physical activity. According to a representative of “In, Out … and Now?”–an organization that promotes inmates’ rights–the increased isolation resulting from the COVID-19 measures represented the greatest problem for inmates.

On March 26-27, inmates rioted to draw attention to their conditions during the COVID-19 pandemic. The rioters asked for early release due to the pandemic; 40 of the rioters were punished by having their contact with other inmates reduced for 30 days. Between March 27 and April 2, approximately 30 inmates, including several of the rioters, staged a hunger strike at the Schrassig Prison Center; most of the inmates broke the strike within the first few days.

Administration: Authorities conducted investigations of credible allegations of mistreatment at prisons. On April 26, Schrassig prison officials discovered the body of a prisoner in his cell. The prison administration informed judicial authorities, who then requested an autopsy. The investigation continued at year’s end.

Independent Monitoring: The government permitted monitoring by independent human rights observers, including by the Council of Europe’s Committee for the Prevention of Torture in 2015 and the country’s ombudsman, who monitors and supervises the country’s detention centers.

d. Arbitrary Arrest or Detention

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

Warrants issued by a duly authorized official are required for arrests in most cases. Police must inform detainees of the charges against them within 24 hours of their arrest and bring detainees before a judge for a determination of the detention’s legality. There is a functioning bail system, which judges regularly employed. According to the law, detainees must be provided access to an attorney prior to their initial interrogation. In cases of indigent detainees, the government pays for the attorney. These rights were respected.

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

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

Defendants have the right to a presumption of innocence and the right to be informed promptly and in detail of the charges. Defendants have the right to a fair trial without undue delay. Trials are public, except for those involving sexual or child abuse cases. Defendants have the right to be present and to consult in a timely manner with an attorney of their choice or to have one provided at public expense. Defendants and their attorneys have adequate time and facilities to prepare a defense. Persons who do not speak or understand the language of the proceedings are entitled to the free assistance of an interpreter as soon as they are questioned as a suspect, in the course of an investigation, during a preliminary investigation, or in criminal proceedings if charged. Defendants may confront witnesses against them and present witnesses and evidence on their own behalf. They may not be compelled to testify or confess guilt. Defendants have the right of appeal.

There were no reports of political prisoners or detainees.

Magistrate courts serve as an independent and impartial judiciary in civil and commercial matters and are available to individuals who wish to bring lawsuits seeking damages for, or cessation of, a human rights violation. Citizens may appeal cases involving alleged violations of the European Convention on Human Rights by the state to the European Court of Human Rights after exhausting all routes for appeal in the country’s judicial system.

In its 2019 report, the Center for Equal Treatment noted that several persons reported that complaints of discrimination filed with the Grand Ducal Police had been closed without action by the Public Prosecutor’s Office. The center suggested that a possible lack of resources in the office was behind the closure of the cases, which were mostly for racist or homophobic verbal insults, and recommended that the Public Prosecutor’s Office be given more staff to investigate these accusations thoroughly.

The government has laws and mechanisms in place for its continued investigation of Holocaust-era claims. NGOs and advocacy groups reported, however, that the government did not completely resolve Holocaust-era claims. According to the Jewish community, most claims by citizens for Holocaust-era property restitution have been settled, but issues remained for the restitution of Holocaust assets to victims who either were citizens of a foreign country or had no citizenship at all. A government representative underscored that authorities were aware of those issues.

The Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released publicly on July 29, can be found on the Department’s website: https://www.state.gov/reports/just-act-report-to-congress/.

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

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.

The law prohibits such practices, and there were no reports that government officials employed them.

Impunity was not a significant problem in the security forces.

Prison and Detention Center Conditions

There were no significant reports regarding prison or detention center conditions that raised human rights concerns.

Physical Conditions: There were no major concerns in prisons and detention centers regarding physical conditions or inmate abuse.

Administration: The law allows prisoners and detainees to submit complaints to judicial authorities without censorship and to request investigation of alleged deficiencies. Judges and prosecutors visited prisons at least once a month to hear prisoner complaints.

Independent Monitoring: The government permits monitoring by independent nongovernmental observers. According to the government, no independent human rights observers requested or made any visit to the prison in the Special Administrative Region (SAR).

d. Arbitrary Arrest or Detention

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. To supplement its 2009 National Security Law, improve external communications about national security, and promote law enforcement, in October the government developed new national security operations composed of four divisions: the National Security Information Division, National Security Crime Investigation Division, National Security Action Support Division, and National Security Affairs Integrated Service Division. The units are to participate in the chief executive-chaired National Security Commission’s policy research and legislative work. Opposition groups expressed concern that the government’s new divisions mirrored those mandated by the June Hong Kong National Security Law, which threatened freedom of expression under the umbrella of criminalizing secession, subversion, terrorism, and collusion with foreign or external forces.

Authorities detained persons with warrants issued by a duly authorized official based on sufficient evidence. Detainees had access to a lawyer of their choice or, if indigent, to one provided by the government. Detainees had prompt access to family members. Police must present persons in custody to an examining judge within 48 hours of detention. Authorities informed detainees promptly of charges against them. The examining judge, who conducts a pretrial inquiry in criminal cases, has wide powers to collect evidence, order or dismiss indictments, and determine whether to release detained persons. Investigations by the prosecuting attorney should end with charges or dismissal within eight months, or six months when the defendant is in detention. The pretrial inquiry stage must conclude within four months, or two months if the defendant is in detention. By law the maximum limits for pretrial detention range from six months to three years, depending on the charges and progress of the judicial process; there were no reported cases of lengthy pretrial detentions. There is a functioning bail system. Complaints of police mistreatment may be made to the Macau Security Forces and Services Disciplinary Supervisory Committee, the Commission against Corruption, or the Office of the Secretary for Security. The Macau Security Forces and Services Disciplinary Supervisory Committee reports directly to the chief executive. The government also had a website for receiving named or anonymous complaints about irregular police activity or behavior.

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

The law provides for the right to a fair public trial, and an independent judiciary generally enforced this right. A case may be presided over by one judge or a group of judges, depending on the type of crime and the maximum penalty involved.

Under the law defendants enjoy a presumption of innocence and have a right to appeal. The law provides that trials be public except when the court rules otherwise to “safeguard the dignity of persons, public morality, or to provide for the normal functioning of the court.” Defendants have the right to be informed promptly and in detail of the charges (with free interpretation), be present at their trials, confront witnesses, have adequate time to prepare a defense, not be compelled to testify or confess guilt, and consult with an attorney in a timely manner. The government provides public attorneys for those financially incapable of engaging lawyers or paying expenses of proceedings.

The SAR’s unique civil-code judicial system derives from the Portuguese legal system. The courts may rule on matters that are the responsibility of the government of the People’s Republic of China or concern the relationship between central authorities and the SAR, but before making their final judgment, which is not subject to appeal, the courts must seek an interpretation of the relevant provisions from the National People’s Congress Standing Committee. The Basic Law requires that courts follow the standing committee’s interpretations when cases intersect with central government jurisdiction, although judgments previously rendered are not affected, and when the standing committee makes an interpretation of the provisions concerned, the courts, in applying those provisions, “shall follow the interpretation of the Standing Committee.” As the final interpreter of the Basic Law, the standing committee also has the power to initiate interpretations of the Basic Law.

There were no reports of political prisoners or detainees.

There is an independent and impartial judiciary for civil matters, and citizens have access to a court to bring lawsuits seeking damages for a human rights violation.

The law prohibits such actions, and the government generally respected these prohibitions. New facial recognition capabilities were added to the public surveillance system, raising concerns among lawyers and prodemocracy legislators that the capabilities would reach beyond the legal scope. Prodemocracy advocates warned that the system may deter political activities.

There were numerous reports that the government or its agents committed arbitrary or unlawful killings of criminal suspects. Most killings occurred during security force operations to stem cattle rustling by armed criminal groups in the central, west, and southwest areas as well as during police raids to combat insecurity in urban areas.

The gendarmerie and police inspection offices investigated abuses perpetrated by their officers. The office of army command conducted investigations of military personnel. These offices investigated formal complaints and, more often, incidents that were widely covered in traditional and social media and triggered a backlash from the public. There were more investigations related to such incidents than in previous years. In isolated cases these investigations led to arrest, conviction, and jailing of accused security force members.

Between January and September, press reported at least 135 deaths during security force operations, including members of the security forces and ordinary civilians, as well as those suspected of crimes. Usually the security forces involved were composed of police and gendarmes, but occasionally they included military personnel and prison guards. There were reports of security forces executing suspected cattle thieves or bandits after capture; in most cases security forces claimed those killed attempted to escape and refused to respond to warning shots. These statements by security forces often could not be substantiated. In isolated cases the government launched investigations, arrested, and jailed the accused security force members.

On August 7, soldiers from the Second Inter Arms Battalion (BIA2) shot and killed two villagers and injured another in Ampamoriana in the Bongolava region. The army command reported an armed confrontation, but villagers reported to the local gendarmerie that they had not heard any gunshots from the villagers. Media reported on August 10 that the army command launched an investigation and dismissed the commander of the BIA2 battalion, his deputy, and the chief of the contingent that carried out the raid. There was no reported trial as of November.

A mass prisoner escape from Farafangana Prison in August resulted in security forces killing 23 detainees. International organizations, local civil society groups, and human rights activists characterized the incident as showing excessive use of force by the security forces. A preliminary investigation by the Ministry of Justice revealed that acts of violence and corruption by prison staff incited detainees to organize the massive prison break. The resulting investigation led to the replacement of the prefet (administrator) of Farafangana, the regional director of the penitentiary administration, and the manager of the prison. As of September authorities took no other action against those responsible for the killings (see also section 1.c., Prison and Detention Center Conditions).

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

The constitution and law provide for the inviolability of the person and prohibit such practices, but security forces subjected prisoners and criminal suspects to physical and mental abuse, including torture during coerced confessions, according to the National Independent Human Rights Commission (CNIDH) in 2019.

Security personnel reportedly used beatings as punishment for alleged crimes or as a means of coercion. There were reports that off-duty and sometimes intoxicated members of the armed forces assaulted civilians. Investigations into these incidents announced by security officials rarely resulted in prosecutions.

On August 1, security forces patrolling in Antohomadinika caught two alleged pickpockets and reportedly forced them into a pool of sewage, made them apologize in front of the large crowd of onlookers, and then handed them over to police investigators.

Impunity was a significant problem in the security forces. Factors contributing to impunity included corruption and a lack of reporting of abuses. Offices that investigated abuses included inspection bodies within the gendarmerie, police, and army command. The government did not provide human rights training for security forces, but it collaborated with international organizations to build security forces’ capacity on specific law enforcement problems such as trafficking in persons and child protection.

Prison and Detention Center Conditions

Prison conditions were harsh and life threatening due to inadequate food, overcrowding, poor sanitation, and insufficient medical care.

Physical Conditions: Lengthy pretrial detentions, inefficiencies in the judicial system, and inadequate prison infrastructure created a serious overcrowding problem. One penitentiary surpassed its official capacity by nearly eightfold. As reported on UNICEF’s website in June, the country’s 82 prisons and detention centers held 27,600 inmates. This population was more than twice the official capacity of 11,000.

Lengthy pretrial detention was pervasive, contributing significantly to overcrowding. Authorities sometimes held pretrial detainees with convicted prisoners. In August 2019 the CNIDH noted worsening conditions during its visits to 23 of 83 facilities.

Authorities did not always hold juveniles separately from adults, and some children younger than school age shared cells with their incarcerated mothers. According to the Ministry of Justice, 65 percent of the 44 prisons holding juvenile detainees had separate areas for minors in 2018.

Amnesty International stated in April that detainees continued to be affected by problems such as malnutrition, lack of hygiene, and limited access to medical care. Detained persons were crowded in cells without appropriate lighting and ventilation and slept on the ground with no mattress or blanket.

In August the UN High Commission for Human Rights considered the country’s overcrowded detention centers as a “hotbed” for COVID-19 proliferation. Prisons were overcrowded with generally unhygienic conditions, poor food, and no proper access to health care.

The Ministry of Justice recorded 43 deaths between January and October 2019 compiled from all the detention and prison facilities of the country. The most frequent causes of death from physical conditions were tuberculosis, high blood pressure, and gastrointestinal problems. Prison authorities took few remedial actions concerning these deaths.

Ministry of Justice officials indicated that overcrowding at Farafangana Prison contributed to the August violent prison break in which 23 detainees were killed (see section 1.a.).

Administration: While a formal process exists to submit complaints to judicial authorities, few detainees used it due to fear of reprisal. Authorities rarely investigated the complaints they received. Officials authorized weekly visits from relatives and permitted religious observance. Visits outside scheduled days were reportedly possible by bribing guards and penitentiary agents. Nongovernmental organizations (NGOs) reported bribes could purchase small privileges, such as allowing family members to bring food for prisoners.

In March the government suspended all family and NGO visits to prisons to reduce the risk of COVID-19 infection, but relatives continued to bring food for detainees without visiting them. Authorities lifted these restrictions in October.

Independent Monitoring: Authorities generally permitted independent monitoring of prison conditions by local NGOs and some diplomatic missions.

Improvements: In April, UNICEF began support that included improving nutrition, and providing basic medicines, personal protective equipment, testing kits, sanitary products for women and girls, and disinfection equipment.

Also in April, NGO Grandir Dignement (Grow with Dignity) reported that it set up a detention watch system to protect juvenile detainees, including twice weekly visits.

In June, President Rajoelina announced a pardon of Antanamora Prison detainees to address overcrowding problems, particularly in view of the continuing COVID-19 pandemic. Prison authorities subsequently released 3,871 detainees. In addition 7,826 detainees had their prison time shortened as part of the pardon announcement but remained in prison to continue serving their reduced sentences.

The prison administration set up specific areas to isolate new inmates and avoid a massive outbreak of COVID-19. In July the minister of justice announced a strengthening of measures to prevent the spread of the disease through testing of all new detainees, 15 days of quarantine, and close monitoring of health conditions.

On September 16, the government replaced the regional director in charge of penitentiary administration and the manager of the prison of Farafangana. The Midi newspaper reported that authorities took this decision after its investigation of the killing of 23 escaped detainees (see section 1.a.).

d. Arbitrary Arrest or Detention

The constitution and 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, but authorities did not always respect these provisions. Authorities arrested persons on vague charges and detained many suspects for long periods without trial.

The law gives traditional village institutions authority to protect property and public order. In some rural areas, a community-organized judicial system known as dina resolved civil disputes between villagers over such problems as alleged cattle rustling. Dina procedures sometimes conflicted with national laws by imposing harsh sentences without due process or by failing to protect the rights of victims.

The law requires arrest warrants in all cases except those involving “hot pursuit” (the apprehension of a suspect during or immediately after a crime is committed), but authorities often detained persons based on accusations and without judicial authorization. The law requires authorities to charge or release criminal suspects within 48 hours of arrest, but they often held individuals for significantly longer periods before charging or releasing them. Defendants have a right to counsel, and the law entitles those who cannot afford a lawyer to one provided by the state. Many citizens were unaware of this right, and few requested attorneys. Defendants have the right to know the charges against them, but authorities did not always respect this right. Authorities frequently denied bail without justification. Magistrates often resorted to a mandat de depot (retaining writ) under which defendants were held in detention for the entire pretrial period. The law limits the duration of pretrial detention to eight months and regulates the use of the writ, although authorities often exceeded this limit.

Arbitrary Arrest: Security forces arbitrarily arrested journalists, political opponents of the government, demonstrators, human rights activists, and other civilians.

On February 15, the gendarmerie of Ihosy arrested a well known human rights activist on fraud and extortion charges. Civil society organizations described these charges as intimidation designed to suppress his denunciations of corruption among security forces and public officials. By early March authorities released the activist from pretrial detention, and he awaited trial.

Pretrial Detention: As of October 2019, approximately 57 percent of inmates nationwide were in pretrial detention. Pretrial detention ranged from several days to several years. Poor recordkeeping, an outdated judicial system, insufficient numbers of magistrates, and too few courts of first instance contributed to the problem. The length of pretrial detention often exceeded the maximum sentence for the alleged crime. In August the minister of justice observed that the restrictions to prevent a COVID-19 outbreak resulted in the extension of the pretrial detention period for a number of detainees as tribunals intermittently closed or reduced their working hours. The government took no action to remedy these extensions.

Although the constitution and law provide for an independent judiciary, the judiciary was susceptible to outside influence at all levels, and corruption remained a serious problem. There were instances in which the outcome of trials appeared predetermined, and authorities did not always enforce court orders. Lack of training and personnel hampered judicial effectiveness, and case backlogs were “prodigious,” according to Freedom House.

The law reserves military courts for trials of military personnel, and they generally follow the procedures of the civil judicial system, except that military jury members must be officers. Defendants in military cases have access to an appeals process and generally benefit from the same rights available to civilians, although their trials are not public. A civilian magistrate, usually joined by a panel of military officers, presides over military trials.

The law provides for the right to a fair and public trial, but the courts have the authority to direct that a trial be closed to protect the victim or to maintain public order. Trials were often delayed. Prolonged incarceration without charge, denial of bail, and postponed hearings were common. The law provides for the presumption of innocence, but authorities often ignored this right. Defendants have the right to be informed promptly and in detail of the charges against them.

Defendants have the right to legal counsel at every stage of the proceedings. Many citizens were unaware of their right to counsel, however, and authorities did not systematically inform them of it. Defendants who did not request or could not afford counsel generally received very limited time to prepare their cases. Defendants have the right to be present at their trials, to present and confront witnesses, and to present evidence. Authorities generally respected such rights if defendants had legal representation. The law provides the right to an interpreter for the judicial police, examining magistrate, and the defendant’s legal advisor but does not mention any such right for the defendant, nor whether it is a free service. The law stipulates, however, that the defendant has the right to refuse an interpreter. If an interpreter must be hired, it is at the defendant’s expense. Legislation outlining defendants’ rights does not specifically refer to the right not to be compelled to testify or confess guilt. Defendants have the right to appeal convictions.

There were reports of political prisoners and detainees. Authorities arrested and imprisoned political leaders and activists, ostensibly on charges unrelated to their political positions or for offenses against the public order. Estimates of their number ranged in the single digits. Generally they received the same protections as other prisoners and detainees. The government permitted access to these persons by humanitarian and human rights organizations.

On June 1, the gendarmerie arrested Berija Ravelomanantsoa, a university student leader close to a former administration, for several allegedly insulting posts on social media, charging him with offenses against the public order and the dignity of public officials including the president. On September 30, the Court of Antananarivo sentenced Ravelomanantsoa to 44 months in prison. There were multiple demonstrations and calls from fellow activists and relatives for his release.

On July 16, police arrested former minister of communication Harry Laurent Rahajason, who served under a former president, for a rally on July 13 calling for the release of Berija Ravelomanantsoa. Pending trial he remained in jail despite calls by his wife and daughter for his release for allegedly serious health problems. Opposition leader and President of the Senate Rivo Rakotovao denounced Rahajason’s continued detention as politically motivated. On October 15, the Court of Antananarivo sentenced Rahajason to 44 months in prison for an unauthorized rally and attempted offense against public security.

On April 1, security forces arrested Ny Rado Rafalimanana, a former presidential candidate and well known opposition figure, during a public COVID-19 testing event in Antananarivo while he accompanied a relative trying to receive a test. The Court of Antananarivo charged him the following day with public disorder and “provoking” the security forces. In July the court temporarily released him pending prosecution for this incident and a separate fraud charge.

Amnesty: During an address to the country in May, the president announced a release of journalists in detention to honor Media Freedom Day. The government released an online newspaper journalist and a television presenter whom authorities had charged with defamation and spreading of false news.

The judiciary deals with all civil matters, including human rights cases, and individuals or organizations may seek civil remedies for human rights abuses through domestic courts. There is no prohibition against appealing to regional human rights bodies, but there was no known case of an appeal. The legal system does not recognize the jurisdiction of the African Court on Human and Peoples’ Rights.

On June 18, inhabitants of a site for a new bypass road in Ankadindramamy, Antananarivo complained of losing their land without receiving promised compensation. The inhabitants stated they turned over part of their property in 2018, and authorities informed them in 2019 that all of their property would be required for the project.

The law prohibits such actions, but there were reports the government failed to respect these provisions.

The CNIDH reported the continuing arrest and preventive detention of women on the pretext of their supposed complicity in the alleged crimes of male family members being sought by authorities. The CNIDH noted the women were entitled to a presumption of innocence and described the practice as ineffective, because male family members rarely turned themselves in to free the detained women.

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

In February 2019 Buleya Lule died while in police custody in Lilongwe, just hours after appearing in court as one of six suspects in the abduction of Goodson Makanjira, a 14-year-old boy with albinism (see section 6, Other Societal Violence or Discrimination). In a May 2019 report into Lule’s death, the Malawi Human Rights Commission (MHRC) found the deceased was tortured, and his immediate cause of death was from torture using electricity. Earlier, police arranged an autopsy that attributed his death to intracranial bleeding and hypertension. The MHRC recommended that the police officers involved be prosecuted. On July 10, 13 officers, including now suspended police commissioner Evalista Chisale, were arrested for their alleged involvement in the death of Lule. On July 31, the officers were released on bail.

Perpetrators of past abuses were occasionally punished administratively, but investigations often were delayed, abandoned, or remained inconclusive.

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

The constitution prohibits the use of torture or cruel, inhuman, and degrading treatment or punishment; however, police sometimes used excessive force and other unlawful practices, including torture, to extract confessions from suspects. The MHRC stated in its annual report that torture was widespread in prisons.

Reputable nongovernmental organizations (NGOs) working with sex workers reported police officers regularly extracted sexual favors from sex workers under the threat of arrest.

In October 2019 the MHRC opened an independent inquiry into allegations police officers raped women and teenage girls in Msundwe, M’bwatalika, and Mpingu in Lilongwe. The alleged rapes were reportedly in retaliation for the killing of police officer Usuman Imedi by an irate mob in Msundwe. A December 2019 MHRC report stated police officers raped and sexually assaulted 18 women and girls, at least four younger than age 18. On August 13, High Court Judge Kenyatta Nyirenda ordered the government to compensate the women. The judge also ordered police authorities to release the report of the internal investigations within 30 days. As of November the report had yet to be submitted.

One allegation of sexual misconduct by a Malawian peacekeeper deployed to the UN Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) reported in 2016 remained pending at year’s end. Two additional allegations of abuses by Malawian peacekeepers with MONUSCO–in 2016 and 2014–were reported during 2019.

According to the Conduct in UN Field Missions online portal, there were three open allegations, submitted in previous years, of sexual exploitation and abuse by Malawian peacekeepers deployed to UN peacekeeping missions, including two submitted in 2018 and one submitted in 2016. As of November the government had not yet provided the accountability measures taken for all three open allegations. The 2016 case remained pending a government investigation. For one of the 2018 cases, the United Nations completed its investigation and was awaiting additional information from the government. The United Nations is still investigating the other 2018 case. All three cases allegedly involved exploitation of an adult.

Impunity was a problem in the security forces.

Prison and Detention Center Conditions

Prison and detention center conditions remained harsh and potentially life threatening due to overcrowding and poor sanitation; inadequate food, potable water, heating, ventilation, lighting, and health care; and torture.

Physical Conditions: An Inspectorate of Prisons report released in September 2019 indicated the Malawi Prison Service was failing to execute its rehabilitative role, while the courts were failing to exercise their sentence review powers in time. A 2018 Inspectorate of Prisons monitoring tour of prisons and police cells across the country found recurrent problems of poor sanitation, poor diet, overcrowding, prisoner abuse, poor ventilation, detention without charge beyond 48 hours, understaffing, prison staff corruption, and insufficient prisoner rehabilitation such as education and vocational training.

Overcrowding and malnutrition remained problems. In December the Malawi Prison Service reported a total prison population of 14,500 in a space with a designed holding capacity of 7,000. Police held detainees in police stations for long periods beyond the legal limit of 48 hours, which contributed to pervasive cell overcrowding.

Authorities held women separately from men but often held pretrial detainees and convicted prisoners together. In police detention centers, children were not always held separately from adults. Although inadequate, detention facilities for women and children were generally better than men’s facilities. The International Organization for Migration (IOM), however, noted significant improvements in the treatment of migrants held at prison facilities, including easier access to care for migrants with medical conditions. The IOM also claimed improved channels of communication with prison staff and easier access to detention facilities. As of October, five male migrants, four Nigerians, and one South African were in detention for immigration offenses. They were convicted, fined, and ordered deported.

As of December, according to the prison service, 15 inmates died in prison, all of natural causes.

Basic emergency medical care generally was available in the daytime but unavailable after regular working hours. Daily prison rations were meager. Officials allowed family members to provide food and encouraged inmates to grow vegetables and raise livestock in rural prisons. Malnutrition in the prison population remained a problem, however, particularly in urban prisons.

Inadequate infrastructure remained a serious problem. Prisons and detention centers had no provisions for temperature control other than wood fires.

Administration: Each prison had a designated welfare officer, some of whom had received specialized training, to receive prisoner complaints regarding conditions. The complaints process, however, was primarily verbal and informal, allowed for censorship, and provided little follow-up. Prisoners sometimes had the opportunity to complain to NGOs that recorded cases for inclusion in government advocacy and reports, but this rarely resulted in follow-up on individual cases.

The MHRC and NGOs working in prisons expressed concern regarding the human rights of detained persons. During the year the MHRC released a report that cited overcrowding, poor sanitation, and inadequate food and health care as major problems in prisons and detention centers. It stated torture was widespread and that most prisoners and detainees lived in degrading and inhuman conditions. From January to August, the MHRC received one complaint regarding the rights of prisoners. NGOs attributed the low number of submitted complaints was due to fear of retaliation by authorities.

Independent Monitoring: The government permitted domestic and international NGOs and media to visit and monitor prison conditions and donate basic supplies. Domestic NGOs, the Malawi Red Cross Society, and diplomatic representatives had unrestricted access to prisons.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention; however, the government did not always observe these prohibitions. The law provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court but does not provide for compensation if the person is found to have been unlawfully detained. Lack of knowledge of statutes and of access to representation meant detainees did not challenge the legality of their detention.

Police apprehended most suspects without a warrant if they had reasonable grounds to believe a crime was being or had been committed. Only in cases involving corruption or white-collar crime were arrest warrants normally issued by a duly authorized official based on evidence presented. The law provides detainees the right to have access to legal counsel and be released from detention or informed of charges by a court within 48 hours of arrest; however, authorities often ignored these rights. The use of temporary remand warrants to circumvent the 48-hour rule was widespread. Police frequently demanded bribes to authorize bail. Bail was often granted to reduce overcrowding in jails, rather than on the basis of legal merit. Relatives were sometimes denied access to detainees. There were no reports detainees were held incommunicado or held under house arrest.

Detainees who could afford counsel were able to meet with counsel in a timely manner. While the law requires the government to provide legal services to indigent detainees, such aid was provided almost exclusively to suspects charged with homicide. The Legal Aid Bureau is mandated to provide legal assistance to indigent persons. As of December 2019, the bureau had 23 lawyers and 29 paralegals in its three offices, located in the largest cities: Lilongwe, Blantyre, and Mzuzu.

The Center for Human Rights Education, Advice, and Assistance assisted 803 persons detained at police stations and in prisons through its Malawi Bail Project, camp courts, police cell visits, and paralegal aid clinic to expedite their release. During the year the Paralegal Advisory Service Institute (PASI) reached out to 22,499 detainees, for 17,880 of whom it succeeded in obtaining release. PASI and the Center for Legal Assistance, both NGOs that assist prisoners with legal matters, provided limited free legal assistance to expedite trials of detainees. Priority was given to the sick, the young, mothers with infants, persons with disabilities, and those in extended pretrial detention.

Arbitrary Arrest: The constitution and law prohibit arbitrary arrest, unlawful detention, or false arrest. Although sections of the penal code pertaining to rogues and vagabonds used in the past to make arbitrary arrests were struck down as unconstitutional, police made arrests based on other provisions, such as conduct likely to cause breach of peace and obstruction of police officers. Although prostitution is legal, living off the proceeds of prostitution is illegal; police regularly harassed sex workers.

Pretrial Detention: Of the total prison population of approximately 14,000 inmates, an estimated 2,500, or 18 percent, were in pretrial detention. Despite a statutory 90-day limit on pretrial detention, authorities held most homicide suspects in detention for two to three years before trial. There was evidence some homicide detainees remained in prison awaiting trial for much longer periods, but reliable information on the number and situation of these detainees was unavailable.

To reduce case backlog and excessive pretrial detention, certain cases were directed to local courts and camp courts organized by civil society groups to expedite cases by having magistrates visit prisons to adjudicate cases. Paralegals gathered cases of pretrial detainees awaiting trial for excessive periods, who were held unlawfully, or who had been granted bail but were unable to meet the terms set by the court. Magistrates, along with the court clerk and police prosecutor, worked through the list, granting bail to some, reducing bail for others, dismissing cases, or setting trial dates.

The constitution and law provide for an independent judiciary, and the government generally respected judicial independence and impartiality. The judicial system, however, was inefficient and handicapped by serious weaknesses, including poor recordkeeping; a shortage of judges, attorneys, and other trained personnel; heavy caseloads; and corruption. The slow-moving judicial system, including extensive delays due to motion practice (a three-step court order request), a low bar for granting injunctions, judge shopping, prosecutorial delay tactics, recusals, and lawyers and witnesses not being present on trial dates, undermined the government’s ability to dispense justice.

The Malawi Defense Force conducts courts-martial but not military or security tribunals. Used more frequently than courts-martial is a nonjudicial procedure under which cases are dealt with summarily by senior officers without a formal trial process. In both procedures military personnel are entitled to the same rights as persons accused in civilian courts.

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

Defendants are presumed innocent. The constitution and law require a court to inform an accused of charges within 48 hours of arrest, with free assistance of an interpreter if necessary. Defendants have the right to be present at their trial, to have an attorney, and, if indigent, an attorney provided at state expense, but such assistance was usually limited to homicide cases. Defendants have the right to challenge prosecution or plaintiff evidence and witnesses and present their own witnesses and evidence. By law they may not be compelled to testify or confess guilt. The law does not specify a length of time for the accused to prepare a defense. The slow pace of trials affords defendants adequate time to prepare, but not to adequate facilities due to insufficient prison system funding. All persons have the right of appeal; however, appeals often were delayed for years and sometimes never addressed by a higher court.

The judiciary’s budgetary and administrative problems led to backlogs that effectively denied expeditious trials for most defendants and kept some defendants in pretrial detention for long periods. Recruitment and retention of government attorneys remained a problem. Police prosecutors with limited legal training prosecuted most criminal cases. The Directorate of Public Prosecutions in the Ministry of Justice customarily tried high-profile cases and those involving the most serious offenses. The directorate had 19 prosecuting attorneys supported by 17 paralegals, who also prosecuted certain lower court cases. COVID-19 pandemic restrictions caused trial delays.

There were no reports of political prisoners or detainees.

There is an independent and impartial judiciary in civil matters, and citizens have access to a court to submit lawsuits seeking damages for, or cessation of, human rights violations. Individuals and organizations may appeal adverse domestic decisions to regional courts. The law provides for administrative and judicial remedies for alleged wrongs; however, a lack of legal professionals restricted the number of human rights cases pursued and resulted in a large backlog. As of November there were only 588 licensed legal practitioners in a country of more than 18 million inhabitants.

The constitution and law prohibit such actions, but the government did not always respect these prohibitions.

The law permits police officers of the rank of subinspector or higher to conduct searches without a court warrant if they have reasonable grounds to believe they could not otherwise obtain something needed for an investigation without undue delay. Before conducting a search without a warrant, the officer must write a reasonable-grounds justification and give a copy to the owner or occupant of the place to be searched.

There were scattered reports the government or its agents committed arbitrary or unlawful killings, mostly in the prison system. The nongovernmental organization (NGO) Eliminating Deaths and Abuse in Custody Together stated that Dhan Bahdur, a 26-year-old Nepali citizen, died on May 31, five days after he was detained in Kuala Lumpur. The NGO declared police did not properly notify the coroner of the death as required by law, and called on authorities to make details of the case public. In August, Home Minister Hamzah Zainudin revealed that 23 detainees, including two children, died in immigration detention centers from January to June. In a 2018 report on custodial deaths, the NGO Lawyers for Liberty described a “broken system that abets the perpetrators of these crimes.”

Investigation by the Criminal Investigation Division within the Royal Malaysian Police into the use of deadly force by a police officer occurs only if the attorney general initiates the investigation or approves an application for an investigation by family members of the deceased. When the attorney general orders an official inquiry, a coroner’s court convenes, and the hearing is open to the public. In such cases, courts generally issued an “open verdict,” meaning that there would be no further action against police.

In July the Malaysian Human Rights Commission (SUHAKAM) urged the release of a September 2019 government report on the Wang Kelian mass grave site found along the Thai border in 2015, in which according to NGOs that investigated, a transnational crime syndicate committed murder, extermination, enslavement, imprisonment, torture, and rape as part of a “widespread and systematic attack” against Rohingya migrants.

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

In February, SUHAKAM initiated a public inquiry into the 2016 disappearance of Christian converts Pastor Joshua Hilmy and his wife, Ruth Sitepu. Police continued to make little progress in their investigation, citing a lack of information in the case. One witness testified that Pastor Hilmy had previously told him “religious authorities were looking for him” due to his Christian faith, although he had not been threatened. Another testified the couple received threats by phone before their disappearance. SUHAKAM’s inquiry was suspended in March after two of its commissioners tested positive for COVID-19. In February, Susanna Liew, the wife of Pastor Raymond Koh, who disappeared in 2017, initiated civil action against the government and several senior officials for failing to properly investigate her husband’s kidnapping, accusing them of negligence, misfeasance, and conspiracy to injure.

No law specifically prohibits torture; however, laws that prohibit “committing grievous hurt” encompass torture. More than 60 offenses are subject to caning, sometimes in conjunction with imprisonment, and judges routinely mandated caning as punishment for crimes, including kidnapping, rape, and robbery, and nonviolent offenses, such as narcotics possession, criminal breach of trust, migrant smuggling, immigration offenses, and others.

Impunity was a significant problem in the security forces. Police abuse of suspects in custody and a lack of accountability for such offenses remained a serious problem.

In August the Perikatan Nasional administration withdrew a bill the Pakatan Harapan government had introduced in July 2019 to create an Independent Police Complaints of Misconduct Commission with the power to discipline police misconduct and instead introduced a bill for an Independent Police Conduct Commission lacking enforcement powers. The NGO Transparency International Malaysia described the new proposal as a watered-down version of the original, “with no bite.”

According to SUHAKAM, 15 persons died in police lockups and prison from 2019 through September, while more than 55 individuals died in immigration detention centers. The government claimed that deaths caused by police were rare, but civil-society activists disputed this claim.

Civil and criminal law exempt men older than 50, unless convicted of rape, and all women from caning. Male children between the ages of 10 and 18 may receive a maximum of 10 strokes of a “light cane” in a public courtroom.

Some states’ sharia provisions, which govern family issues and certain crimes under Islam and apply to all Muslims, also prescribe caning for certain offenses. Women are not exempt from caning under sharia, and national courts have not resolved conflicts between the constitution, the penal code, and sharia.

Kelantan and Terengganu states allow courts to sentence individuals to public caning for certain civil offenses, although there were no reports of such punishment.

In February, Jasnih Ali, an auxiliary police officer at Kota Kinabalu International Airport, accused police of torturing him for two weeks while in custody following his arrest in 2018 for trafficking in illegal immigrants. His lawyer said police assaulted Ali to elicit a confession, and that the abuse stopped only after Ali agreed to give a “cautioned statement” mentioning the facts on which he intended to rely for his defense at trial. Ali said authorities hit him on the face, head and body, kicked him in the stomach and back, spat into his mouth, shoved a mop into his mouth, and applied electricity to his feet, all done while his eyes were blindfolded, his hands handcuffed behind his back, and his pants pulled down to his knees.

In July a high court judge set aside a lower-court decision adding caning to a jail sentence for 27 Rohingya men, six of them teenagers, for arriving in the country without valid permits. The judge declared that because the defendants were not habitual offenders and had not committed any acts of violence, it was “inhumane” to impose caning and that their refugee status afforded them international protection from persecution. Earlier, human rights groups had called on the court to drop the caning sentence, calling the punishment cruel and inhumane.

In October the Malaysian Insight internet news site, citing accounts from former inmates and watchdogs, reported that “torture by prison staff is rampant” in jails and that prisoners are subjected to sexual attacks. “It’s not like you are punished for some mistake. They will beat you for no reason…they will use batons and their favorite spots are at the stomach, feet, and back,” a former prisoner told media. A transgender former prisoner termed her community the most vulnerable group inside the prison system, forced to provide sex to prison guards in return for safety: “Do we have a choice? No, we don’t. They will ask you to perform all sorts of sex acts. Sometimes it happens three times a day. If we go out and lodge a report, who will believe our stories?” Sevan Doraisamy, executive director of the human rights NGO Suaram, declared that the government must take such complaints more seriously and allow independent investigators from SUHAKAM and the Enforcement Agency Integrity Commission to conduct immediate investigations.

Prison and Detention Center Conditions

Conditions in prisons and detention centers could be harsh and life threatening.

The government as part of its restrictions on movement due to the COVID-19 pandemic, cracked down on migrants, particularly Rohingya, who were put into detention centers for “quarantine.” In May media and human rights groups reported mass arrests and rising numbers of confirmed COVID-19 cases inside the centers.

In August, Suaram reported that custodial deaths in immigration detention “remained serious,” increasing from 24 in 2018 to 55 in 2019.

Physical Conditions: Overcrowding in prisons and immigration detention centers, particularly in facilities near major cities, remained a serious problem. According to the Home Ministry, 20 of the country’s 37 prisons were overcrowded. In Selangor, Kuala Lumpur, and Kelantan, prisons were overcrowded by 45 to 50 percent. According to World Prison Brief, as of December 2019 the country had 75,000 inmates in 52 prisons designed to hold only 52,000.

On May 29, Suaram listed a “notably higher number” of deaths in immigration detention facilities, with most deaths reported to be attributable to health and medical reasons.

As of October, 8 percent of Malaysia’s COVID-19 positive cases were prison inmates and prison staff. Former deputy defense minister Liew Chin Tong stated that the COVID-19 outbreak was turning prisons into “death traps” exacerbated by overcrowding problems. A Sabah state prison recorded more than 60 percent of inmates testing positive for COVID-19.

Administration: The law allows for investigations into allegations of mistreatment; however, this did not always function in practice. Officers found responsible for deaths in custody did not generally face punishment.

Authorities restricted rights to religious observance for members of all non-Sunni practices of Islam, which the government bans as “deviant.”

Independent Monitoring: Authorities generally did not permit NGOs and media to monitor prison conditions; the law allows judges to visit prisons to examine conditions and ask prisoners and prison officials about conditions. The government’s Enforcement Agency Integrity Commission, the International Committee of the Red Cross, and SUHAKAM monitored prisons on a case-by-case basis.

In August the new government abandoned a 2019 bill to establish an Independent Police Complaints of Misconduct Commission, and instead submitted a much weaker bill. Civil society organizations viewed this as a sign the government was not serious about an independent commission.

The new government did not grant the Office of the UN High Commissioner for Refugees (UNHCR) access to detention facilities where migrant laborers and refugees were being held.

Improvements: Police announced in January a pilot project establishing custodial medical units in five detention facilities as part of an effort to prevent deaths in custody.

d. Arbitrary Arrest or Detention

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.

Police may use certain preventive detention laws to detain persons suspected of terrorism, organized crime, gang activity, and trafficking in drugs or persons without a warrant or judicial review for two-year terms, renewable indefinitely. Within seven days of the initial detention, however, police must present the case for detention to a public prosecutor. If the prosecutor agrees “sufficient evidence exists to justify” continued detention and further investigation, a fact-finding inquiry officer appointed by the minister of home affairs must report within 59 days to a detention board appointed by the king. The board may renew the detention order or impose an order to restrict, for a maximum of five years, a suspect’s place of residence, travel, access to communications facilities, and use of the internet. In other cases the law allows investigative detention for up to 28 days to prevent a criminal suspect from fleeing or destroying evidence during an investigation. In August, Suaram reported that 1,032 individuals were detained without trial under security laws.

In November, Home Minister Hamzah Zainudin reported to parliament that 756 children were detained in immigration detention centers. Of these children, 405 were being held without guardians, including 326 children of Burmese nationality. Lawyers for Liberty coordinator Zaid Malek decried the continued detention of children as “inhumane,” stating it was “unfathomable as to why the authorities deem it fit and proper to detain hundreds of migrant and refugee children…in overcrowded detention centers during a worldwide health pandemic.” Immigration law allows authorities to arrest and detain noncitizens for 30 days, pending a deportation decision.

In November student activist Wong Yan Ke was arrested for “obstructing the police from carrying out their duties” by recording a Facebook live video of a raid on the residence of a Universiti Malaya student, in connection with a sedition investigation into a statement made by a student group questioning the role of the king. After being held overnight in a police lockup, Wong was transferred to a detention center and released that day. Wong criticized police for his “arbitrary arrest and detention.” The NGO Lawyers for Liberty expressed concern about the arrest, contending that the law “must not be used as a blanket provision to simply arrest anyone who records police conduct.” The charge carries a maximum penalty of one month’s jail, a fine, or both. A court date was set for February 2021.

The law permits police to arrest and detain individuals for some offenses without a warrant, even outside situations of a crime in progress or other urgent circumstances. To facilitate investigations, police can hold a suspect for 24 hours, which can be extended for a maximum of 14 days by court order under general criminal law provisions. NGOs reported a police practice of releasing suspects and then quickly rearresting them to continue investigative custody without seeking judicial authorization.

Some NGOs asserted that a police approach of “arrest first, investigate later” was prevalent, particularly in cases involving allegations of terrorism. By law a person must be informed of the grounds for arrest by the arresting officer.

Bail is usually available for persons accused of crimes not punishable by life imprisonment or death. The amount and availability of bail is at the judge’s discretion. Persons granted bail usually must surrender their passports to the court.

Police must inform detainees of the rights to contact family members and consult a lawyer of their choice. Nonetheless, police often denied detainees’ access to legal counsel and questioned suspects without allowing a lawyer to be present. Police justified this practice as necessary to prevent interference in investigations in progress, and the courts generally upheld the practice.

While authorities generally treated attorney-client communications as privileged, Malaysian Anticorruption Commission officials may question lawyers who accompanied their clients to nonjudicial commission hearings about their interaction with their clients and the content of their discussions.

Police sometimes did not allow detainees prompt access to family members or other visitors.

The law allows the detention of a material witness in a criminal case if that person is likely to flee.

Arbitrary Arrest: Authorities sometimes used their powers to intimidate and punish opponents of the government. Activists and government critics were often subjected to late-night arrests, long hours of questioning, and lengthy remand periods, even if they were not ultimately charged with an offense. In July, according to the NGO Center to Combat Corruption and Cronyism (C4), police carried out a late-night arrest of anticorruption and social activist K. Sudhagaran Stanley at his home, which C4 labelled a “chilling” action “aimed at instilling fear and silencing voices that are critical of the administration of this country.”

Pretrial Detention: The International Center for Prison Studies reported that pretrial detainees comprised approximately 27 percent of the prison population in 2018. Crowded and understaffed courts often resulted in lengthy pretrial detention, sometimes lasting several years.

Three constitutional articles provide the basis for an independent judiciary; however, other constitutional provisions, legislation restricting judicial review, and executive influence over judicial appointments limited judicial independence and strengthened executive influence over the judiciary. The judiciary frequently deferred to police or executive authority in cases those parties deemed as affecting their interests.

Members of the Malaysian Bar Council, NGO representatives, and other observers expressed serious concern about significant limitations on judicial independence, citing a number of high-profile instances of arbitrary verdicts, selective prosecution, and preferential treatment of some litigants and lawyers. Representatives of these groups argued that the lines between the executive, the judiciary, and the state were very blurred and that the judiciary needed to exert more independence and objectivity.

In August, Chief Justice Tengku Maimun Tuan Mat issued a show-cause notice to court of appeal judge Hamid Sultan Abu Backer requiring that he explain an affidavit he filed in February 2019 as part of a lawsuit against then chief justice Richard Malanjum. In the affidavit Hamid alleged government interference in previous judicial decisions and complicity by judges in sham cases designed to reward government supporters with large settlements. Hamid’s request for an open hearing was rejected, which caused Suaram to further question the independence of the judiciary; the hearing has been postponed due to COVID-19 measures.

Many viewed the July 28 conviction of former prime minister Najib Razak, whose government reportedly misappropriated at least $4.5 billion of the country’s state investment fund, in the first of his corruption trials as a victory (see section 4.). NGO leaders stated, however, that the verdict could not be seen as a positive sign of judicial independence. Suaram asserted, “The High Court is the worst place to determine judicial independence as there are very different extremes of judges and everything can be dismantled upon appeal.”

The constitution provides for a fair and public trial, and the judiciary generally enforced this right. The civil law system is based on British common law and defendants are presumed innocent until proven guilty. Defendants have the right to be informed promptly of the charges against them, to a timely trial, and to be present at their trial. Defendants have the right to communicate with an attorney of their choice or to have counsel appointed at public expense if they face charges that carry the death penalty. Defendants also may apply for a public defender in certain other cases.

According to the Malaysian Bar Council, defendants generally had adequate time and facilities to prepare a defense if they had the means to engage private counsel. Otherwise, defendants must rely on legal aid and the amount of time to prepare for trial is at the discretion of the judge. Authorities provide defendants free interpretation in Mandarin, Tamil, and some other commonly used dialects from the moment charged through all appeals. The right to confront witnesses is limited by provisions allowing the identity of prosecution witnesses to be kept secret from the defense before a trial, which inhibits cross-examination of those witnesses. Defendants may present witnesses and evidence on their behalf. Limited pretrial discovery in criminal cases also impeded the defense. Strict rules of evidence apply in court. Defendants cannot be compelled to testify or confess guilt.

Defendants may appeal court decisions to higher courts, but only if the appeal raises a question of law or if material circumstances raise a reasonable doubt regarding conviction or sentencing. The Malaysian Bar Council claimed these restrictions were excessive.

In cases related to terrorism or national security, the law allows police to hold persons, even after acquittal, against the possibility of appeal by the prosecution.

Many NGOs complained women did not receive fair treatment from sharia courts, especially in divorce and child custody cases (see section 6).

There were no reports of political prisoners or detainees.

Individuals or organizations may sue the government and officials in court for alleged violations of human rights; however, a large case backlog often resulted in delays in civil actions, to the disadvantage of plaintiffs. The courts have increasingly encouraged the use of mediation and arbitration to speed settlements.

Laws prohibit such actions; nevertheless, authorities sometimes infringed on citizens’ privacy. Under national security laws, police may enter and search the homes of persons suspected of threatening national security without a warrant. The government monitored the internet and threatened to detain anyone sending or posting content the government deemed a threat to public order or security (see section 2.a.).

Islamic authorities may enter private premises without a warrant to apprehend Muslims suspected of engaging in offenses such as gambling, consumption of alcohol, and sexual relations outside marriage.

The government does not recognize marriages between Muslims and non-Muslims and considers children born of such unions illegitimate.

In February the Federal Court held that the National Registration Department was not bound by an edict issued by the National Fatwa Committee, a government body responsible for issuing fatwas on issues of national interest, regarding a case in the state of Johor, as that state had not yet gazetted (published) the national fatwa forbidding registration of the father’s last name for a Muslim child born or conceived less than six months after the parents’ marriage. The Federal Court also held that in this instance the department could decide not to record a surname instead of using the last names “bin Abdullah” or “binti Abdullah,” names commonly applied to children declared to be illegitimate, removing a longstanding source of social stigma.

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

There were no reports of disappearances by or on behalf of government authorities. The government took steps to investigate disappearances reported in previous years.

As of September the Presidential Commission on Enforced Disappearances and Deaths continues to investigate the 2014 disappearance of reporter Ahmed Rilwan. In December 2019 the Prosecutor General’s Office (PGO) declined the commission’s request to charge two individuals, Mohamed Mazeed and Samith Mohamed, for orchestrating Rilwan’s abduction, citing a lack of evidence. The commission announced its intention to resubmit these cases to the PGO following further investigation. In August President Ibrahim Mohamed Solih announced his intention to hire an international investigator to assist in the commission’s investigation at Rilwan’s family’s request, and in October the Commission confirmed such an expert had been hired and was assisting with its investigation, which was ongoing as of November.

The constitution and the law prohibit such practices, but there were complaints of torture and cruel, inhuman, or degrading treatment or punishment. The law permits flogging and other forms of corporal punishment, and security officials employed such practices. According to a 2014 Supreme Court guideline, the court must delay the execution of a flogging sentence of minors until they reach age 18. Between January and September, courts sentenced nine individuals.

The Human Rights Commission of Maldives (HRCM) reported receiving 28 complaints of torture, 17 accusing the Maldives Police Service (MPS), 10 accusing the Maldives Corrections Service (MCS) and one accusing employees of state run Kudakudhinge Hiya children’s home, but none were forwarded for prosecution and some investigations were closed due to lack of evidence. In November 2019 the UN Special Rapporteur on Torture expressed concern regarding “near complete impunity” for officials accused of torture since 2013 and noted the PGO routinely dismissed torture cases citing lack of evidence indicating “either a grave systemic shortcoming in the investigative mechanisms put in place or a complete lack of political will to hold officials accountable.”

In contrast to previous years, the MPS did take some action to charge or otherwise penalize officers accused of torture. In June the MPS and the PGO revealed that charges of assault and destruction of property were brought in November 2019 against eight police officers accused of beating a Bangladeshi suspect during a July 2019 police raid. The MPS began investigating the case in 2019 after video of the incident was posted online. The Criminal Court had not concluded hearings in the trial as of November.

In June the MPS dismissed three police officers and demoted one officer for assaulting a suspect in their custody in May 2019.

Prison and Detention Center Conditions

Prisons were overcrowded in some cases and lacked adequate sanitary conditions and medical care, but they generally met most international standards.

Physical Conditions: According to the Prisons and Parole Act, pretrial and remand detainees should be held separately from convicted prisoners, but this was not always done. The HRCM reported that in an MPS-operated Male Custodial Center and a Dhoonidhoo pretrial Detention Center, juveniles were held in separate cells but in proximity and view of cells that held adult suspects. The MCS oversaw the operation of four prison facilities: Asseyri Prison, Hulhumale Detention Center, Maafushi Prison, and Male Prison. The MCS also operated the MCS Ahuluveri Marukazu and the Male Ahuluveri Marukazu rehabilitation centers for inmates scheduled for parole, while the MPS operated Dhoonidhoo pretrial Detention Center and Male Custodial Center. The HRCM and defense lawyers reported overcrowding, poor ventilation, and inadequate hygiene and sanitation standards in prisons and pretrial detention facilities. In November the HRCM announced its intentions to take action against the MPS for failing to replace the drinking water at Dhoonidhoo pretrial Detention Center after observers found it was unfit for human consumption. Authorities held undocumented migrant workers awaiting deportation or legalization within the security perimeter of a facility that also held convicts. Although the law requires the Ministry of Home Affairs to designate a separate facility to hold remanded detainees on trial, the MCS continued to hold them in facilities that also hold convicted prisoners.

The law requires that the HRCM be informed immediately in the case of any deaths in state custody and be allowed to inspect the body prior to burial. Authorities implemented this provision.

The HRCM reported that the Presidential Prison Audit Commission noted that in Dhoonidhoo Custodial Center, Maafushi Prison, and Male Prison detainees were not allowed to leave their cells for an extended period of time unless they have a visitor. The HRCM reported authorities practice solitary confinement in some facilities, but no such cases were identified as of September.

The HRCM reported a lack of access to timely medical care in places of detention overseen by the MCS, with 47 complaints received from inmates as of September. Similar to reports in previous years, the HRCM noted extended delays among inmates seeking to consult specialist doctors. According to the MCS, doctors were stationed at three of the five detention facilities overseen by the MCS, and nurses were stationed at five. Inmates referred to specialist doctors sometimes spent six to seven months awaiting confirmation of appointments. Local hospitals did not reserve appointments for detainees seeking medical attention, leading to difficulties in obtaining timely specialist appointments for detainees.

Administration: Authorities conducted investigations into credible allegations of mistreatment, but nongovernmental organizations (NGOs) reported such investigations were lengthy and often did not result in successful convictions or punitive action against responsible officers.

Independent Monitoring: The government generally permitted regular and unannounced prison visits by the HRCM, so long as a presidentially appointed commissioner was present during the visit. The HRCM reported that it elected to conduct remote monitoring through online platforms for the majority of the year due to the COVID-19 outbreak. The HRCM provided recommendations to the government addressing deficiencies. The National Integrity Commission (NIC) reported that, although it has a legal mandate to enter detention facilities without prior approval, the MCS required a letter signed by a NIC commissioner before allowing access to NIC representatives. In contrast to previous years, MCS and MPS facilities no longer required a commission member, appointed by the president, to accompany the visits. The government generally permits visits by the International Committee of the Red Cross and Red Crescent and other international assessment teams with prior approval. No international observers visited any facilities as of September.

d. Arbitrary Arrest or Detention

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

The constitution states an arrest may not be made unless the arresting officer observes the offense, has reasonable evidence, or has a court-issued arrest warrant. The Criminal Procedure Act allows police to arrest a person if a police officer has reason to believe a person has committed, is committing, or is about to commit an offense or may attempt to destroy evidence of a major crime. The MPS generally complied with arrest procedures when making arrests. The Anti-Terrorism Act (ATA) allows police to arrest terrorism suspects without an arrest warrant where there is probable and reasonable grounds to believe that a terrorism offense is imminent unless immediate action is taken. Civil society sources and defense lawyers reported the need to define properly “probable and reasonable grounds” within the law to avoid misuse of this provision. The law provides for an arrestee to be verbally informed immediately of the reason for arrest and to have the reason confirmed in writing within 12 hours of arrest.

Prisoners have the right to a ruling on bail within 36 hours, but lawyers reported bail is rarely considered by the courts. The law also requires that an arrestee be informed of the right to remain silent and that what the arrestee says may be used in a court of law. The law further provides that arrestees are to have access to a lawyer at the time of arrest. A lawyer may be appointed by the court in serious criminal cases if the accused cannot afford one. The law allows police to question a detainee in the absence of counsel if the detainee’s lawyer does not appear within 12 hours without adequate reasons for the delay. Police normally informed the arrestee’s family of the arrest within 24 hours. The law does not require that police inform the family of the grounds for the arrest unless the arrestee is younger than age 18, in which case a parent or guardian must be informed within four hours. ATA allows police to restrict private meetings with lawyers for suspects of terrorism offenses for a period of seven days from the time of arrest in situations where there is reasonable ground to believe private meetings may result in evidence tampering, committing a terrorist offense, physical harm to another or hinder the recovery of property obtained by committing a terrorism offense.

The law provides for investigative detention. A person detained for investigation is allowed one telephone call prior to police questioning. Once a person is detained, the arresting officer must present evidence to a court within 24 hours to justify continued detention. Based on the evidence presented, the prosecutor general has the authority to determine whether charges may be filed. If law enforcement authorities are unable to present sufficient evidence within 24 hours, the prisoner is eligible for release. Judges have the authority to extend detention upon receiving an arresting officer’s petition but must cite factors such as the detainee’s previous criminal record, status of the investigation, type of offense in question, and whether the detainee poses a threat if released. Defense lawyers reported that judges often accepted investigative authorities’ claims that detainees posed a threat if released in order to issue detention orders, without clarifying the nature of the exact threat. Judges also reportedly often relied on confidential intelligence reports submitted by the MPS to justify extended detentions. These intelligence reports were not shared with the defense.

Arbitrary Arrest: The Criminal Procedure Act allows police to detain individuals for questioning for four hours, without the detention being classified as a formal arrest. There were no reports authorities misused this provision during the year.

Pretrial Detention: The MCS reported 258 pretrial or remand detainees were held in their facilities as of September, with some held for several years without a conviction. The MCS reported that, as of September, 70 percent of these detainees had not had a court hearing for seven months. Defense lawyers reported problematic issues with a criminal procedure policy to address the large percentage of pretrial or remand detainees. The policy requires an internal committee established within the PGO to review pretrial detention decisions by judges every 30 days and for the PGO to request the court to dismiss pretrial detention orders if the prosecutor general finds an insufficient need for detention. Lawyers reported the committee rarely recommended such dismissals, noting it is the PGO that initially requests such orders. The committee’s decisions were not made public or shared with the suspect or courts. Some criminal court judges also reportedly tended to dismiss defense appeals of pretrial detention orders based on the argument that the policy required such cases to be submitted by the PGO.

In June the PGO appealed before the Supreme Court a High Court ruling that declared suspects must be held in custody for the duration of their trials if there is sufficient evidence the suspect committed the crime and if there is a presumption the accused may either destroy evidence or influence a witness; abscond; or poses a threat to public security. The PGO told media that the High Court ruling could result in suspects accused of even minor crimes having to be remanded for lengthy trial periods. The Supreme Court had not concluded hearings in this case as of November.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: The constitution and the Criminal Procedure Act stipulate conditions under which a person may be arrested or detained and provides everyone the right to appeal and the right to compensation for unlawful arrest or detention. The High Court routinely hears appeals of arrest warrants or pretrial detention orders, but defense lawyers claimed High Court judges continued to seek justification for upholding such orders rather than questioning the grounds and merits of detention and delayed verdicts until the authorized pretrial detention orders expire. The appellate courts did not accept appeals of detentions authorized for the duration of a trial already in progress, based on a 2012 High Court decision that ruled trial judges have discretionary authority to authorize detention of suspects for the duration of pending trials as well as on a 2009 Supreme Court ruling that decisions made by judges using discretionary authority may not be appealed.

Victims of unlawful or arbitrary arrest or detention may submit cases to the Civil Court to seek compensation, but they did not commonly exercise this right.

The law provides for an independent judiciary, but the judiciary was not completely independent or impartial, and was subject to influence. Lawyers reported continuing allegations of judicial impropriety and abuse of power, with judicial officials, prosecutors, and attorneys reportedly intimidated or bribed. Government officials, members of parliament, and representatives of domestic and international civil society organizations accused the judiciary of bias.

According to NGOs and defense lawyers, some magistrate judges could not interpret common law or sharia because they lacked adequate English or Arabic language skills. Many judges in all courts, appointed for life, held only a certificate in sharia, not a law degree. An estimated one-quarter of the country’s judges had criminal records.

NGOs reported the Judicial Service Commission (JSC) had made positive strides in investigating allegations of judicial misconduct but noted investigations against some judges were lengthy. Some of these judges were allowed to remain on the bench and hear cases while under investigation by the JSC, raising concerns they could be intimidated to issue certain rulings to avoid punitive action from the JSC.

The constitution and the Criminal Procedure Act provide for the right to a fair and public trial, although the judiciary did not always enforce this right. The law provides that an accused person is presumed innocent until proven guilty. Most trials were public and conducted by judges and magistrates, some of whom were trained in Islamic, civil, or criminal law. The constitution states defendants have a right to be informed of the charge without delay in a language understood by the defendant. The law states a defendant must be provided with a copy of the case documents within five days of charges being submitted to court. The law provides that an accused person has a right to be tried in person and have adequate time and facilities to prepare a defense. The constitution states the accused has the right not to be compelled to testify. The law provides the right to free assistance of an interpreter and governs trial procedures. Judges question the concerned parties and attempt to establish the facts of a case. Accused persons have the right to defend themselves and during a trial may call witnesses and retain the right to legal representation. Defendants and their attorneys have the right to full access to all evidence relating to their case, may cross-examine any witnesses presented by the state, and may present their own witnesses and evidence.

Islamic law, as interpreted by the government, is applied in situations not covered by civil law. The law provides for the right to legal counsel; those convicted have the right to appeal. The testimony of women is equal to that of men in court, except on rape (where the testimony of two male witnesses or four female witnesses is required) and other issues specifically stipulated by the country’s legal code.

There were no reports of political prisoners during the year.

Individuals or organizations may seek civil remedies for human rights violations through domestic courts, but lawyers reported victims rarely chose to do so due to a belief the court would rule in favor of the State. The Civil Court addressed noncriminal cases.

The law prohibits security officials from opening or reading radio messages, letters, or telegrams, or monitoring telephone conversations, except as expressly provided by law. Security forces may open the mail of private citizens and monitor telephone conversations if authorized to do so by a court during a criminal investigation. There were no reports that the government failed to respect these prohibitions during the year.

There were several reports that the government or its agents committed arbitrary or unlawful killings (see section 1.g.). The gendarmerie is the body responsible for conducting initial investigations into security forces. Cases are then transferred to the Ministry of Justice for investigations into alleged police violence or the Ministry of Defense’s military tribunal for investigations into alleged military abuses. Depending on the infraction and capacity of the military tribunal, some cases related to military abuses may be processed by the Ministry of Justice.

On May 11, in the city of Kayes in the central part of the country, an off-duty police officer allegedly shot and killed a teenager for a traffic infraction, prompting protests during the ensuing days that left at least two more persons dead. There were allegations that security forces killed these additional two civilians, but the Gendarmerie conducted an investigation and concluded that those killings were carried out by a protester.

Between July 10 and 13, a total of 14 persons, including two children, were killed in the course of interventions by security forces during antigovernment demonstrations in the capital, Bamako. In November the UN Multidimensional Integrated Stabilization Mission in Mali’s (MINUSMA’s) Human Rights and Protection Division (HRPD) attributed the deaths to actions by the National Gendarmerie, National Police, National Guard, and the Special Anti-Terrorist Force (FORSAT); it noted furthermore that FORSAT, whose actions it concluded were responsible for two of the 14 deaths, not only used disproportionate force but also acted illegally by intervening in law enforcement operations outside of the scope of its counterterrorism mission. Human Rights Watch and Amnesty International also documented the use of excessive force by security forces and the role of FORSAT during the same protests. On July 15, the then prime minister’s office announced an investigation into the alleged role of FORSAT in the deaths, and on December 3, the transition government’s National Council recommended renewed investigations into the July 10-13 events.

Separately, MINUSMA’s HRPD, tasked with monitoring human rights abuses throughout the country, reported more than 700 civilians killed from January to June. Among these the Malian defense and security forces (MDSF) allegedly committed at least 195 extrajudicial killings during the first six months of the year. Among other cases of extrajudicial killings documented by Amnesty International during the year, on February 16, the Malian Armed Forces (FAMa) reportedly committed five killings of unarmed individuals in the village of Belidanedji in the central part of the country. A number of investigations ordered by the Ministry of Defense regarding extrajudicial killings continued.

Terrorist groups, signatory and nonsignatory armed groups to the Algiers Accord, and ethnic militias also committed numerous arbitrary killings related to internal conflict. According to the same HRPD reports covering the first six months of the year, terrorist elements were allegedly responsible for 82 killings, while signatory and nonsignatory armed groups to the Algiers Accord, including the Platform of Northern Militias (Platform) and the Coordination of Movements of Azawad (CMA), were allegedly responsible for at least 18 deaths. The HRPD furthermore reported that intercommunal violence, often by ethnic militias, accounted for the deaths of at least 350 civilians during the same period. The HRPD reports also alleged instances of extrajudicial executions within the country committed by members of the G5 Sahel Joint Force (18), the Nigerien armed forces (34), and the Burkinabe armed forces (50).

Attacks by extremist groups and criminal elements continued to reach beyond the northern regions to the Mopti and Segou Regions in the central part of the country, and to the Kayes Region in the West. Extremist groups frequently employed improvised explosive devices (IEDs) to target civilians as well as government and international security forces. For example, on June 7, a civilian transport truck traveling from Jamweli to Douentza, Mopti Region, struck an IED, killing seven persons and injuring at least 24. On March 19, in a non-IED-related attack, armed individuals attacked a military camp in Tarkint, Gao Region, killing at least 29 soldiers and wounding five others. On May 10, a Chadian MINUSMA peacekeeping convoy struck an IED in Aguelhoc, Kidal Region, killing at least three peacekeepers and wounding four others. IEDs were also used repeatedly to target important infrastructure, such as bridges, cutting off communities from humanitarian assistance, important trade routes, and security forces.

There was limited progress in the prosecution of suspects–including the 2012 coup leader Amadou Sanogo–in the disappearance, torture, and killing of 21 Red Berets (members of FAMa’s 33rd Parachute Regiment) and former junta member Colonel Youssouf Traore. On January 28, the Appeals Court of Bamako granted Sanogo, incarcerated since 2013, conditional release on the grounds his pretrial detention period was unreasonably long.

There were numerous reports of forced disappearances believed to have been carried out by extremist groups and, in some instances, by the MDSF in the central and northern regions of the country. MINUSMA’s HRPD reported that the MDSF was responsible for 40 disappearances during the first six months of the year while armed groups were responsible for 71 forced disappearances or kidnappings during the same time period. In its June report on human rights abuses by security forces in the Sahel, Amnesty International similarly reported dozens of forced disappearances and possible summary executions at the hands of the MDSF in the course of counterterrorism operations and on other occasions. In December 2019 at least 26 individuals were arrested by a FAMa patrol at the Maliemana market in Segou and never seen again. Bodies were reportedly discovered in a well in the nearby village of N’Doukala seven days later. The government issued a communique 10 days after the arrests announcing an investigation and, as of December, a military prosecution order to investigate formally the allegations was pending the assignment of an investigative judge. The United Nations launched a fact-finding mission into the allegations, but the results of that mission were not made public. In one high-profile instance of kidnapping by armed groups, on March 25, opposition leader and former presidential candidate Soumaila Cisse was abducted while campaigning for legislative elections. The kidnapping was reportedly carried out by Amadou Kouffa’s Macina Liberation Front (MLF), a Jama’at Nusrat al-Islam wal Muslimin (JNIM) affiliate. On October 8, Cisse was released along with three foreign hostages in exchange for the release of nearly 200 suspected extremists.

Human rights observers continued to report they were unable to verify the whereabouts of dozens of prisoners purportedly detained in connection with the northern conflict. This might have been due to possible unreported deaths in custody, alleged surreptitious releases, and suspected clandestine transfer of prisoners to the government’s intelligence service, the General Directorate of State Security (DGSE). Limited capacity to keep up accurately with case management exacerbated the difficulty in locating individuals within the country’s penal system. The COVID-19 pandemic was also a contributing factor, since many organizations were either denied access or unable to visit prisons for health-safety reasons. Human rights organizations estimated that the DGSE held at least 60 unacknowledged detainees, but these organizations noted they did not have access to the DGSE’s facilities. Following advocacy from the National Commission for Human Rights (CNDH), at least two of these unreported detention cases were transferred to the justice system during the year: one involving a member of the 2012 junta, Seyba Diarra, and the other of civil society leader Clement Dembele.

The constitution and statutory law prohibit torture and other cruel, inhuman, or degrading treatment or punishment, but reports indicated that FAMa soldiers employed these tactics against individuals with suspected links to extremist groups, including JNIM-affiliated member groups (see section 1.g.). MINUSMA’s HRPD reported 56 instances of torture or cruel and inhuman treatment by the MDSF during the first six months of the year. Other organizations reported extensively on torture allegations. In February, according to reports by Amnesty International and others, an elected official from Kogoni-Peulh, Oumar Diallo, was asked by his community to inquire at a gendarme base in Segou as to the whereabouts of previously arrested villagers. He was allegedly arrested and detained at the military camp in Diabaly where he was reportedly treated poorly. He died while subsequently being transferred to Segou by the military. Amnesty International reported that those who buried him stated, “On his corpse you could see traces of ill treatment.” Leaders of the opposition movement the June 5 Movement-Rally of Patriotic Forces (M5-RFP), arrested in the wake of the violent July 10-12 protests, claimed they were tortured or mistreated by the gendarmerie at the Gendarmerie Camp I detention facility in Bamako. Investigations into these allegations by international organizations continued at year’s end.

According to the Conduct in UN Field Missions online portal, there remained one open allegation of sexual exploitation and abuse by a peacekeeper from the country deployed to the UN Stabilization Mission in Haiti. The allegation was submitted in 2017 and allegedly involved an exploitative relationship with two adults. As of September the United Nations substantiated the allegation and repatriated the perpetrator, but the government had not disclosed the accountability measures taken.

Impunity was a significant problem in the defense and security forces, including FAMa, according to allegations from Amnesty International, MINUSMA’s HRPD, and various nongovernmental organizations (NGOs). The Ministry of Defense reportedly ordered investigations into several of the allegations made against FAMa, but the government provided limited information regarding the scope, progress, or findings of these investigations. The lack of transparency in the investigative process, the length of time required to order and complete an investigation, the absence of security force prosecutions related to human rights abuses, and limited visibility of outcomes of the few cases carried to trial all contributed to impunity within the defense and security forces.

Prison and Detention Center Conditions

Overcrowding and inadequate sanitary conditions and medical care caused prison conditions to be harsh and life threatening.

Physical Conditions: As of August the Bamako Central Prison held approximately 2,300 prisoners in a facility designed to hold 400. There were significant rates of overcrowding at other prisons. Detainees were separated by age (adults or minors), gender, and offense type (terrorist or criminal). Detention conditions were better in Bamako’s women’s prison than in prisons for men.

By law authorities may hold arrested individuals for up to 72 hours in police stations, where there were no separate holding areas for women and children. Prisons authorities held pretrial detainees with convicted prisoners. As of August authorities held 372 persons arrested on charges related to terrorism in the higher security division of Bamako Central Prison and in Koulikoro. The general security situation, together with population growth and overloaded, inefficient courts, exacerbated already poor prison conditions by increasing the number of pretrial detainees and preventing the release of prisoners who completed their sentences. Gendarmerie and police detention centers were at maximum capacity at year’s end.

The country’s prison administration (DNAPES) reported that, as of August, a total of 18 prisoners and detainees died in custody due to heart attacks, brain trauma, and respiratory problems. The CNDH, an independent entity that receives administrative and budgetary assistance from the Ministry of Justice, attributed the deaths to unhealthy prison conditions. Additionally, inadequate security mechanisms and a general lack of resources limited the ability of authorities to maintain control of prisons. On June 5, a mutiny at Bamako Central Prison left four inmates dead and eight others (including one prison guard) injured.

Prison food was insufficient in both quality and quantity, and prison medical facilities were inadequate. Lack of sanitation continued to pose the most significant threat to prisoners’ health. Buckets served as toilets. Not all prisons had access to potable water. Ventilation, lighting, and temperature were comparable with many poor urban homes.

Administration: There were no prison ombudsmen. Authorities, however, permitted prisoners and detainees to submit complaints, either directly through the CNDH or through the Office of the Ombudsman of the Republic, to judicial authorities in order to request investigation of credible allegations of inhuman conditions. Prisoners also made verbal complaints during prison inspections by the CNDH regarding their detention conditions. The CNDH, charged with visiting prisons and ensuring humane conditions, visited prisoners in Bamako Central Prison and other localities. The law allows the CNDH to visit prisons without seeking prior permission from prison authorities. On July 12, the CNDH was denied access to the Bamako Gendarmerie Camp I, where M5-RFP leaders were detained following the July 10 protest and subsequent violence. The United Nations reported that it was eventually allowed access to detained protest leaders. The CNDH frequently visited prisons outside of Bamako, although its last visit to a military detention center occurred in 2012 despite several subsequent requests to visit. The government’s National Penitentiary Administration investigated and monitored prison and detention center conditions. Detainees were generally allowed to observe their religious practices and had reasonable access to visitors.

Independent Monitoring: The government permitted visits by human rights monitors, and human rights organizations conducted visits. The government required NGOs and other monitors to submit a request to the prison director, who then forwarded it to the Ministry of Justice. The Malian Association for Human Rights visited prisons in Bamako. Human rights observers with MINUSMA and the International Committee of the Red Cross (ICRC) regularly visited detention centers holding CMA and Platform members. During the year ICRC officials visited at least 11 prisons in the country, including in Bamako, Koulikoro, Mopti, Timbuktu, Gao, and Kidal, and found that prisoners’ basic needs were regularly being met. The ICRC also assisted DNAPES in preventing the spread of COVID-19 by making recommendations and providing hygiene and sanitary equipment.

Improvements: The government took steps to improve staff training and physical security measures. A nine-billion CFA franc ($15.6 million) prison construction project in Kenieroba, 30 miles south of Bamako, continued; the prison was partially operational. Much of the structure was complete; however, the facility lacked adequate water, electricity, furnishings, and equipment for the intended operations. The prison was designed to hold 2,500 inmates and to meet international standards but as of September confined approximately 400 inmates. As a COVID-19 mitigation measure, in April at least 1,400 prisoners were pardoned and released from national prison facilities.

d. Arbitrary Arrest or Detention

The constitution and statutory law generally prohibit arbitrary arrest and detention. Nevertheless, government security forces, Platform, CMA forces, and terrorist armed groups detained and arrested numerous individuals in connection with the continued conflict in the northern and central regions (see section 1.g.).

The law allows detainees to challenge the legal basis or the arbitrary nature of their detention in court. Individuals are generally released promptly if their detention is determined to have been arbitrary, but the law does not provide for compensation from or recourse against the government.

The law requires judicial warrants for arrest. It also requires police to charge suspects or release them within 48 hours of arrest. While police usually secured warrants based on sufficient evidence and through issuance by a duly authorized official, these procedures were not always followed. The law provides for the transfer of detainees from police stations to the prosecutor’s office within 72 hours of arrest, but authorities sometimes held detainees longer in police stations. Lack of resources to conduct transfers was often cited as a contributing factor. Authorities may grant conditional release to detainees, who have limited right to bail, particularly for minor crimes and civil matters. Authorities occasionally released defendants on their own recognizance.

Detainees have the right to a lawyer of their choice or, if they cannot afford one, to a state-provided lawyer. Detainees are typically granted prompt access to their lawyers. Nevertheless, a shortage of private attorneys–particularly outside Bamako and Mopti–often prevented access to legal representation. There was also at least one incident in which a high-profile figure, Clement Dembele, was arrested and was not granted prompt access to a lawyer.

Arbitrary Arrest: Human rights organizations reported widespread allegations of arbitrary arrest and detention. In many cases gendarmes detained suspects on DGSE orders and then transferred them for questioning to the DGSE, which generally held suspects for hours or days. Due to the country’s size, long travel times, poor road conditions, and inadequate personnel or resources, however, the transfer process itself sometimes took more than a week, during which security services did not inform detainees of the charges against them. Authorities did not provide released detainees transport back to the location of their arrest, trips that often required several days of travel. These detentions often occurred in the wake of attacks by bandits or terrorists and were targeted against members of the ethnic group suspected of carrying out the attacks.

According to MINUSMA, because the CMA gradually replaced the state as a de facto authority in the north of the country, they also illegally detained and pardoned individuals being held at the Kidal remand center. MINUSMA’s HRPD stated that on May 22, as a COVID-19 mitigation measure, the president of the CMA pardoned 21 persons who the HRPD contended were being illegally detained.

On June 23, the Fulani organization, Tabital Pulaaku, denounced the arbitrary arrest of civilians in the town of Niaouro in the circle of Djenne. Fulani organizations also denounced the unlawful arrest of approximately 20 persons in the village of Nema in the circle of Bankass on July 5, following attacks on the Dogon villages of Gouari, Diimto, Diallaye, and Pangabougou which killed at least 32 civilians. The organization alleged these individuals were arrested based solely on their ethnic origin. While many were subsequently released, others were transferred to Bamako.

On August 18, in the wake of the military overthrow of the government, more than a dozen military and government officials, including the president and the prime minister, were arrested and held at the military base at Kati. Following repeated interventions and demands for their release by the Economic Community of West African States (ECOWAS), the diplomatic community, and human rights organizations, on August 27, the president was released and placed under house arrest. Following hospitalization in Bamako, on September 5, he was permitted to leave the country to seek medical attention. At least 13 members of the former government, including the prime minister, the president of the National Assembly, and military leadership, remained in custody until their release without charge on October 7, following the September 25 swearing in of the president and vice president of the transition government. While some human rights organizations were never permitted access to them, others reported delays before eventually being granted access to the detainees while in custody. One such organization reported that some of the detainees referred to themselves as “hostages” and that the detainees stated their right to information and visits were not respected.

According to local press, on August 18, Boubacar Keita, the son of the deposed former president, was also detained and as of December continued to be held under house arrest at his father’s family home. In a letter attributed to Boubacar Keita, he lamented his conditions, noting, “I would like to remind you that since the confiscation of [my] phones, I have not been able to hear from my wife, my children and the family in general, only orally, sporadically, and only through an intermediary.”

Pretrial Detention: There are three categories of chargeable offenses or crimes: contraventions, misdemeanors, and felonies. The law provides for trial to occur within prescribed periods of time, depending on sentencing tied to conviction of the offense charged. For the contraventions, akin to minor misdemeanors, with a sentencing exposure of one to 10 days or a monetary fine, there is no pretrial detention, since no investigation period is necessary. For serious misdemeanors where sentencing exposure for conviction is less than two years of incarceration, detention is limited to six months, which may be renewed once for a total legal pretrial detention period of one year. For minor felonies with a sentencing exposure ranging from two years to five years or serious felonies with potential sentencing ranging from five years to life (or the death penalty), a defendant may be detained for a year, renewable twice, for a total legal pretrial detention period of three years. Despite these legal restrictions, excessive pretrial detention beyond legal limits remained a problem. Judicial inefficiency, the large number of detainees, corruption, and staff shortages contributed to the problem. Individuals sometimes remained in prison for several years before their cases came to trial. As of September, 69 percent of inmates were in pretrial detention.

On January 28, the 2012 coup leader Amadou Sanogo, first arrested in 2013, was ordered released by the Appeals Court of Bamako. Authorities cited the fact that his detention period exceeded legal limits on pretrial detention as one of the reasons for his release, although many saw his conditional release as politically motivated.

In April, due to the COVID-19 pandemic, convicted felons were granted early release to minimize the spread of the virus, but such measures were not taken for pretrial detainees.

The constitution provides for an independent judiciary and the right to a fair trial, but the executive branch continued to exert influence over the judicial system. Corruption and limited resources affected the fairness of trials. Bribery and influence peddling were widespread in the courts, according to domestic human rights groups. There were problems enforcing court orders. One judicial employee noted military interference and noncompliance with summons for military members, alleging members of the Gendarmerie refused to support the judiciary in carrying out arrest warrants when requested. Judges were sometimes absent from their assigned areas for months at a time. Village chiefs and justices of the peace appointed by the government decided the majority of disputes in rural areas. Justices of the peace had investigative, prosecutorial, and judicial functions. These traditional systems did not provide the same rights as civil and criminal courts.

While the constitution provides for the right to a fair trial, and the judiciary generally tried to enforce this right, inadequate staffing, logistical support (such as translators), infrastructure (insufficient number of court buildings), as well as undigitized records and case management systems, security concerns, and political pressure sometimes interfered with or hampered trial processes. Proceedings often were delayed, and some defendants waited years for their trials to begin, and in many cases, beyond legal pretrial detention limits before having their case heard. The law presumes that defendants are innocent until declared guilty by a judge. Defendants have the right to prompt and detailed information on the charges against them, with free interpretation as necessary, from the moment charged through all appeals. Except in the case of minors and sensitive family cases where courtrooms were closed to protect the interests of victims or other vulnerable parties to the case, trials generally were public.

Defendants have the right to communicate with an attorney of their choice (or to have one provided at public expense for felony cases and cases involving minors). When a court declares a defendant indigent, it provides an attorney at public expense and the court waives all fees. Administrative backlogs and an insufficient number of private attorneys, particularly in rural areas, often prevented prompt access. Defendants and their attorneys have the right to adequate time and facilities to prepare a defense, access government-held evidence, confront witnesses, and present their own witnesses and evidence. The government generally respected these rights. Defendants may not be compelled to testify against themselves or confess guilt and may appeal decisions to the Appellate Court and the Supreme Court. The law extends these rights to all citizens.

There were reports of political prisoners or detainees. For example, on May 9, security forces arrested Clement Dembele, chairman of the Platform against Corruption and Unemployment, shortly after he released a Bambara language video on social media advocating for large-scale civil disobedience. On May 25, following his release, Dembele recounted in a media interview having a hood placed on his head before being taken into custody. He stated he was held by the DGSE and detained with terrorist suspects before being placed in an underground isolation cell. Following the intervention of the CNDH, Dembele was eventually presented to the Bamako Commune I prosecutor who charged him with using the press to incite the disobedience of the security forces. On September 2, his case was heard, and on September 30, it was dismissed by the tribunal.

According to the National Directorate for Penitentiary Administration, as of August authorities detained 372 persons charged with terrorism in connection with the conflict in the northern and central parts of the country. Some of those detained complained they were political prisoners. Persons found to be fighting for independence or for the creation of an Islamic state were charged with terrorism and claimed this as political detention. At year’s end, however, there was no clear indication they were detained for political reasons or as opponents of the government. The government typically detained conflict-related prisoners in higher-security facilities within prisons and provided them the same protection as other prisoners. International human rights and humanitarian organizations had access to most of these centers but not to detainees held in facilities operated by the DGSE.

Individuals and organizations may seek civil remedies for human rights abuses. They may appeal their cases to the ECOWAS Court of Justice and the African Court on Human and Peoples’ Rights. In cases of hereditary slavery, there were reports that civil court orders were sometimes difficult to enforce.

The constitution and statutory law prohibit unlawful interference with privacy, family, home, and correspondence, and there were no reports that the government failed to respect these prohibitions.

The military; formerly separatist forces, including the National Movement for the Liberation of the Azawad (MNLA), High Council for the Unity of Azawad (HCUA), and the Arab Movement of Azawad (MAA); northern militias aligned with the government, including the Movement for the Salvation of Azawad and Imghad Tuareg and Allies Self-Defense Group (MSA and GATIA); and terrorist and extremist organizations, including the ISIS in the Greater Sahara (ISGS), JNIM, MLF, and al-Murabitoun, committed serious human rights abuses in the northern and central parts of the country. Most human rights abuses committed by the military appeared to target Fulani, Tuareg, and Arab individuals and were believed to be either in reprisal for attacks attributed to armed groups associated with those ethnicities or as a result of increased counterterrorism operations.

Government and French troops targeted terrorist organizations–including al-Qa’ida in the Islamic Maghreb, Ansar Dine, MLF, al-Murabitoun, JNIM, and ISGS–that were not party to the peace talks or the resulting accord. These terrorist organizations often maintained links to armed groups participating in the peace process.

The government failed to pursue and investigate human rights abuses in the North, which was widely controlled by CMA. Despite international assistance with investigating some human rights cases in the center, there is no evidence any were prosecuted there. Human rights organizations maintained that insufficient resources, insecurity, and a lack of political will were the largest obstacles to fighting impunity.

Killings: The military, former rebel groups, northern militias whose interests aligned with the government, and terrorist organizations killed persons throughout the country, but especially in the central and (to a lesser extent) northern regions. The HRPD reported more than 700 civilian deaths during the first six months of the year. It stated that from January 1 to March 31, 82 percent of conflict-related civilian deaths occurred in Mopti and Segou Regions. The report noted similar trends from April 1 to June 30.

Ethnic Fulani in the central Mopti and Segou Regions reported abuses by government security forces. According to the HRPD first quarterly report, on February 16, a total of 19 individuals suspected of terrorist activities were allegedly arrested by FAMa soldiers in the Circle of Niono, Segou Region. The HRPD went on to report that 13 of the suspects were killed and six forcibly disappeared. As of August the Gendarmerie was conducting an investigation into these extrajudicial killings and forced disappearances, and the Ministry of Defense directed a military prosecution of members of the detachment, including the lieutenant who commanded the detachment.

According to MINUSMA, on June 5, a military convoy of approximately 30 vehicles entered the village of Binedama in Mopti, allegedly accompanied by a group of traditional Dozo hunters, and indiscriminately opened fire on the villagers, killing 37 (including three women and children). MINUSMA’s HRPD report alleged at least three victims were burned to death when their homes were set ablaze; granaries were also set on fire during the attack.

HRPD’s quarterly report, covering the period April to June, alleged that between June 3 and June 6, the FAMa killed or summarily executed at least 61 individuals during the course of three separate raids in the villages of Yangassadiou, Binedama, and Massabougou in the central area of the country. In some cases (specifically with respect to the attacks in Yangassadiou and Binedama but not Massabougou), the FAMa were reportedly accompanied by traditional Dozo hunters. Regarding the attack in Massabougou, the report stated, “On June 6, around 11 a.m., FAMa elements in several military vehicles raided the village of Massabougou (Dogofry Commune, Niono Circle) during which they searched houses and arrested nine villagers whom they summarily executed near the village cemetery. According to credible sources, the raid was carried out by FAMa elements sent on patrol following an armed attack on a military post in the village of Sarakala (located 20 miles northeast of the city of Segou) by unidentified armed elements at approximately 3 a.m. on the same day.” The Gendarmerie conducted an investigation into the allegations in Massabougou, and the Ministry of Defense directed a military prosecutor in Mopti to prepare legal proceedings against the detachment including its commander.

Terrorist groups and unidentified individuals or groups carried out many attacks resulting in the deaths of members of the security forces and signatory armed groups, peacekeepers, and civilians. For example, on October 13, JNIM attacked a FAMa outpost in Soukoura town in the central Mopti Region that left nine soldiers dead; shortly thereafter, JNIM killed at least two more soldiers who had been sent as reinforcements to the base. On October 15, one peacekeeper was killed and others injured when the convoy in which he was travelling struck an IED near Kidal. Amnesty International reported that on July 1, unidentified armed individuals in a convoy of at least 60 motorbikes and armed vehicles killed community, civil society, and religious leaders as they attacked the villages of Panga Dougou, Djimdo, Gouari, and Dialakanda in the communes of Tori and Diallassagou in the Bankass Circle of Mopti Region. They first attacked Panga Dougou, killing at least one person, before continuing to Djimdo where an additional 15 persons were killed, and then on to Gouari, killing at least 16 others and injuring four more. The attackers also reportedly stole cattle and motorbikes, and the insecurity prevented farmers from cultivating crops.

Intercommunal violence related to disputes regarding transhumance (seasonal migration) cattle grazing occurred among Dogon, Bambara, and Fulani communities in the Mopti Region, between Bambara and Fulani in the Segou Region, and between various Tuareg and Arab groups in the regions of Gao, Timbuktu, and Kidal (see section 6).

Several international and human rights organizations expressed concern regarding increased intercommunal violence in Mopti Region, mainly between pastoralist Fulani and agriculturalist Dogon ethnic groups. According to the HRPD, intercommunal violence resulted in more than 350 civilian deaths as a result of 98 separate attacks in the first six months of the year. The data further revealed that Fulani self-defense groups were responsible for 81 attacks that resulted in the deaths of at least 250 Dogons, while Dogon and Dozo self-defense groups were responsible for 17 attacks resulting in the deaths of nearly 100 Fulanis.

On February 14, more than 35 villagers were killed in the village of Ogossagou by an ethnic militia. According to reports the attack occurred hours after the country’s military abruptly vacated their nearby post without replacement. The military post was established following an attack on the same village in March 2019 that left more than 150 villagers dead. According to several reports, for many hours prior to the attack, local villagers alerted the military, MINUSMA, and local government to their fear that an attack was imminent. The attack ended only after Malian and MINUSMA troops eventually returned to the village. A MINUSMA human rights fact-finding mission concluded that armed men from the Dogon community planned, organized, and conducted the attack, resulting in the death of at least 35 Fulani villagers, three injured, and 19 more missing. According to Human Rights Watch reporting, the government noted that disciplinary actions would be taken in response to what it called a “tactical error,” pending an investigation. Army Chief of Staff Keba Sangare was relieved of his post following the attack. Sangare remained in the military, however, and was later appointed a governor. MINUSMA also announced an investigation into the attack, which occurred one hour after peacekeepers passed through the village. Two individuals were arrested and detained, and arrest warrants were also issued against three other individuals in connection with the February 14 attack. Of the 10 suspects who were arrested following the March 2019 attack against the same village, seven remained in detention, while three were released due to a lack of evidence. The case, which was being investigated by the Specialized Judicial Unit that has jurisdiction over terrorism and transitional crime, continued at year’s end.

In June and July, there were several reports of peace agreements between Fulani and Dogon communities in several parts of Koro Circle, Mopti Region, which allowed the latter to cultivate their farms and the former to go to local markets. The government was reportedly not part of brokering these peace agreements; rather, local contacts reported they were brokered by community leaders, sometimes with the assistance of NGOs. Violent extremist organizations were also rumored to have aided in brokering some agreements.

Abductions: Jihadist groups; the CMA alliance of the MNLA, HCUA, and MAA; and militias in the Platform, such as GATIA, reportedly held hostages.

A Colombian national Roman Catholic missionary Cecilia Narvaez Argoti, captured in 2017 in Koutiala, in the southern part of the country, remained in captivity with terrorist groups. On October 8, the transition government announced the release of French humanitarian Sophie Petronin along with local political opposition leader Soumaila Cisse and Italian citizens Pierluigi Maccalli and Nicola Chiacchio as part of a prisoner exchange. On March 25, Cisse was captured while campaigning for legislative elections in the Timbuktu Region, reportedly by the MLF, a JNIM affiliate. Edith Blais of Canada and Luca Tacchetto of Italy, abducted in Burkina Faso in 2018, escaped terrorist custody, according to a UN spokesperson on March 13.

Physical Abuse, Punishment, and Torture: Human rights NGOs reported a number of instances of conflict-related physical abuse, torture, and punishment perpetrated by the MDSF, armed groups, ethnic self-defense groups, and terrorist organizations.

Child Soldiers: For the first time since 2014, the UN’s annual Report on Children and Armed Conflict alleged that FAMa recruited and used children in domestic capacities. As of October all children known to have been recruited and used by FAMa had been released.

CMA and some armed groups in the Platform, including GATIA, reportedly recruited and used child soldiers in combatant and noncombatant roles.

The United Nations documented the recruitment and use of children between ages nine and 17, by armed groups–including by some that received support from and collaborated with the government–and in some cases also by the MDSF. According to two reports of the UN secretary-general to the Security Council covering the first five months of the year, the United Nations documented 164 cases of recruitment and use of child soldiers, which included 127 by signatory armed groups in the North, 21 by the MDSF, 14 by Katiba Macina in Segou and Mopti, and two by Dan Na Ambassagou in Mopti. According to those reports, many of the children–including all of those known to be recruited and used by FAMa–were released back to their families following UN intervention. The HRPD also reported it collected information regarding the exploitation of children in the gold mines controlled by the CMA in Kidal and that within the framework of the “Tagaste” operation to strengthen security in Kidal, children were used to manage checkpoints. Other organizations reported on the recruitment and use of child soldiers, including the National Directorate for the Protection of Children and Families, which reported that as of October 6, it had identified 70 such cases during the year, among 290 cases since 2013.

In June the United Nations also published its annual Report on Children and Armed Conflict covering January 2019-December 2019, a period during which it verified the recruitment and use of 215 children (189 boys, 26 girls) between ages nine and 17 in most cases by armed groups, but also by the MDSF, for the first time since 2014. In 140 of these cases, the children had been recruited and exploited in previous years. The United Nations identified CMA, MNLA, MAA, HCUA, and Platform members, including GATIA, among armed groups responsible. The MDSF reportedly recruited and used 24 children from the Gao Region in support roles as couriers and domestic help; in November 2019 these 24 children were released to their families or an international organization for care.

The government did not report any investigations, prosecutions, or convictions of corrupt and complicit officials or traffickers for any child-soldiering offenses during the year.

Also see the Department of State’s annual Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

Other Conflict-related Abuse: There were attacks on the MDSF, peacekeepers, international forces, and international humanitarian organizations. Lethal attacks targeted local, French, and international forces in the central and northern regions of the country and resulted in the deaths of dozens, if not hundreds, of the country’s soldiers (the government does not provide aggregate data related to MDSF deaths) as well as deaths of peacekeeping and international forces. For example, among numerous other attacks, on March 19, a total of 30 soldiers were killed and 20 injured in an attack in Gao, and on April 6, another 25 soldiers were killed and 12 injured in another attack in Gao. On May 10, three Chadian peacekeepers were killed and four others wounded in an IED blast in Aguelhoc, in the North. In September, two French soldiers associated with France’s Operation Barkhane were killed and one was wounded in the northern region of Tessalit when their armored vehicle struck an IED. The United Nations also reported an increase in attacks against peacekeepers and humanitarians in the North. Several nongovernmental organizations reportedly suspended operations in various regions of the country periodically due to insecurity.

As of November 30, MINUSMA suffered at least 231 fatalities since the beginning of MINUSMA’s mission in 2013. According to MINUSMA, as of October authorities tried no cases related to peacekeeper deaths.

There were no reports that the government or its agents committed arbitrary or unlawful killings during the year. Cases continued against two members of the armed forces charged in May 2019 with the murder of a migrant from Ivory Coast and a nonfatal hit-and-run of a migrant from Chad. Following the incident, the Armed Forces launched an internal inquiry for evidence of racism within its ranks. The inquiry, concluded in May, yielded no such evidence. Police are ultimately responsible for investigating whether security force killings were justifiable and for pursuing prosecutions.

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

The constitution or law prohibit such practices, and there were no reports that government officials employed them. Impunity was not a significant problem in the security forces.

Prison and Detention Center Conditions

There were no significant reports regarding prison or detention center conditions that raised human rights concerns. Reports of poor conditions in detention centers for migrants were exacerbated by a significant increase in migrant arrivals, straining the centers beyond their planned capacity.

Physical Conditions: In migrant detention centers, there were reports of overcrowding, poor sanitary conditions, and repeated inmate protests.

Administration: Authorities allowed prisoners and detainees to submit uncensored complaints to judicial officials and to request investigation of credible allegations of inhuman conditions. Authorities investigated such complaints, and victims sought redress in the courts.

Independent Monitoring: The government generally permitted visits to detention centers by independent domestic and international human rights observers and media. Nongovernmental organizations (NGOs) reported, however, that the government restricted and later stopped their visits to refugee and migrant detention centers, allegedly due to the COVID-19 pandemic. In September a delegation from the Council of Europe’s Committee for the Prevention of Torture examined the conditions of detention for, and treatment of, migrants deprived of their liberty, including families with young children and unaccompanied and separated minors. By year’s end the committee had not released a report on the results of the visit.

d. Arbitrary Arrest or Detention

The constitution and 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. The government generally observed these requirements.

A magistrate may issue an arrest warrant to detain a person for questioning based on reasonable suspicion. According to the constitution, police must either file charges or release a suspect within 48 hours. In all cases authorities must inform detainees of the grounds for their arrest. Police generally respected these requirements. During the 48-hour detention period and prior to the initial interrogation, authorities allowed arrested persons access to legal counsel but did not permit visits by family members. The state provides legal aid for arrested persons who cannot afford a lawyer. The law allows police to delay access to legal counsel for up to 36 hours after arrest in certain circumstances, such as when exercising this right could lead to interference with evidence or harm to other persons. After filing charges, authorities granted pretrial detainees’ access to both counsel and family. A functioning bail system is in place.

During the spring, the government enacted legislation that transposes into Maltese law directives of the European Parliament and European Council of 2016 related to legal aid for suspects and accused persons in criminal or in European warrant proceedings, as well as procedural safeguards for children who are suspects or accused persons in criminal proceedings.

Pretrial Detention: Lengthy pretrial detention remained a problem. Authorities occasionally confined foreign suspects for more than two years pending arraignment and trial, normally due to lengthy legal procedures. Approximately 30 percent of the prison population was in pretrial detention. The courts adjudicate applications for bail on a case-by-case basis and normally granted bail to citizens. The courts rarely granted bail to foreigners. In January authorities charged and convicted 22 migrants of taking part in a protest against prolonged detention at the facility in Safi, imprisoned them for nine months, and fined them.

The constitution and law provide for an independent judiciary, and the government generally respected judicial independence and impartiality. There were no reports of instances in which the outcomes of trials appeared predetermined by government or other interference. Authorities respected and enforced court orders.

Between July 2019 and August, the government enacted reforms, including constitutional amendments and legislation, to strengthen the separation of powers and the independence of the judiciary and law enforcement. The reforms included legislation that revised the composition of the Committee for Judges and Magistrates to stipulate that removal of members of the judiciary is made by a nonpolitical body and to provide for the appeal of decisions of the Commission for the Administration of Justice. Legislation was also adopted that provides for the appointment of the chief justice [Act No. XLIII of 2020–Constitution of Malta (Amendment) Act] with the approval of two-thirds parliamentary majority; for a change in the composition of the Judicial Appointments Committee to specify that a majority of members of the committee come from the judiciary; and for the issuing of public calls for vacancies in the judiciary. Other reform legislation provided for the division of the prosecution and government advisory roles of the attorney general by transferring the government advisory roles to a new Office of the State Advocate. Under this act, the government appointed the first new state advocate in December 2019.

On April 8, as part of a judicial reform process, the president appointed Judge Mark Chetcuti as the new chief justice following a new joint parliamentary procedure between government and the opposition. The new procedure departed from the previous practice of the president appointing the chief justice on the advice of the prime minister.

The constitution and law provide 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, the right to a fair and public trial, and the right to be present at their trial. Defendants have the right to prompt and detailed information of the charges, with free interpretation if necessary, from the moment charged through all appeals. They can communicate with an attorney of their choice or have one provided at public expense if they are unable to pay. Defendants and their lawyers receive adequate time and facilities to prepare a defense. Defendants may confront prosecution or plaintiff witnesses and present their own witnesses and evidence. They are not compelled to testify or to confess guilt and have the right to appeal.

There were no reports of political prisoners or detainees.

The constitution provides for an independent and impartial court in civil matters, including human rights matters. After exhausting their right of appeal in the national court system, individuals may apply to bring cases covered by the European Convention on Human Rights before the European Court of Human Rights.

Although the country endorsed the Terezin Declaration, there have been no reports related to Holocaust-era property restitution. The country remained a British colony and Allied naval stronghold throughout World War II. The Nazis never invaded or occupied Malta, and Maltese property was never seized.

For information on Holocaust-era restitution and related topics, please see the Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released on July 29, at https://www.state.gov/reports/just-act-report-to-congress/.

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

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.

The constitution prohibits torture and inhuman or degrading treatment. Majuro and Ebeye jail authorities routinely held drunk prisoners naked. Government officials stated they did this so prisoners could not use their clothing to attempt suicide.

The government had mechanisms in place to identify and punish officials who may commit human rights abuses.

Prison and Detention Center Conditions

Treatment of prisoners and prison conditions were harsh and at times degrading.

Physical Conditions: No specialized prison facilities existed for juvenile or adult female prisoners at the jail in Majuro. Authorities did not hold women with men in the Majuro jail. Generally, female prisoners in the capital were held under house arrest, which involved taking away their passports and confining them to their homes at night. According to jail guards, in a few isolated incidents, women arrested for driving under the influence were held with male prisoners for 24 to 48 hours, usually over a weekend or local holiday, when it was not possible to process them quickly enough to put them immediately under house arrest.

A chief complaint in the Majuro jail was the lack of adequate ventilation. Prisoners were held in cramped cells with no air conditioning, windows, or fans, while the temperature outside was usually above 90 degrees. Prisoners had to supply their own electric fans. Lighting in cells was inadequate; prisoners had to supply their own lamps or other light sources. The facility was unsanitary; the guards reported there were no janitors, but prisoners were given cleaning products.

The jail in Ebeye on Kwajalein Atoll, attached to the courthouse, is the only detention facility in the country other than the Majuro jail. It was often overcrowded, and observers have described conditions as degrading; Ebeye was supposed to send all prisoners to Majuro jail but did not always do so because of the high cost of transportation.

Authorities allowed prisoners to leave facilities periodically on work details or for meals at home. Police escorted prisoners needing medical treatment to the Majuro hospital where they received free treatment.

Administration: Although authorities permitted inmates to submit complaints about their treatment without censorship and investigated credible allegations of inhumane conditions, there were no complaints of physical abuse submitted during the year. On-duty guards often left their posts during the lunch hour.

Independent Monitoring: The government permits prison visits by independent human rights observers and by religious groups visiting imprisoned members throughout the year.

d. Arbitrary Arrest or Detention

The constitution 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.

Under the constitution a warrant issued by a court is required for an arrest if there is adequate time to obtain one. The courts interpret this requirement to exempt situations such as a breach of the peace or a felony in progress. The law provides detainees the right to a prompt judicial determination of the legality of their detention. Authorities generally respected this right and informed detainees promptly of the charges against them.

There was a functioning bail system, and detainees may request bond immediately upon arrest for minor offenses. The constitution requires bail be set at a reasonable rate. Most serious offenses require the detainee to remain in jail until authorities can arrange a hearing, normally the morning after arrest. Detainees were allowed access to a lawyer of their choice and, if indigent, to one provided by the state. There were no known cases of incommunicado detention.

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

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

Most trials are bench trials, in which only a judge hears the case; however, if the penalty for the alleged offense is three or more years in jail, defendants may select either a bench trial or a four-member jury trial. Defendants enjoy a presumption of innocence and have the right to counsel. The government provides an attorney at public expense for indigent defendants facing criminal charges. By law authorities must inform defendants promptly and in detail of the charges against them, with free interpretation between English and Marshallese as necessary. Defendants also have the right to a fair trial without undue delay and with adequate time to prepare a defense. Defendants have the right to be present at their trial. They may question prosecution witnesses and present their own witnesses. Defendants may not be compelled to testify or confess guilt. Defendants have the right to appeal. These rights apply equally to all defendants.

There were no reports of political prisoners or detainees.

There is no separate judiciary in civil matters. There are administrative remedies for alleged wrongs, including human rights abuses, as well as judicial remedies within the general court system.

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

There was one report that government agents committed an arbitrary or unlawful killing. The regional prosecutor is in charge of investigating whether security force killings are justifiable and pursuing prosecution. Each security service also maintains internal investigative bodies to determine whether security force killings were justifiable and can pursue administrative action.

On May 30, a military patrol shot and killed Abass Diallo, a 34-year-old Mauritanian citizen, while he was transporting goods near the country’s southern border. The regional prosecutor opened an investigation into the incident; there was no prosecution by the end of the year.

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

The constitution prohibits torture. The law considers torture, acts of torture, and inhuman or degrading punishments as crimes against humanity not subject to a statute of limitations. The law specifically covers activities in prisons, rehabilitation centers for minors in conflict with the law, places of custody, psychiatric institutions, detention centers, areas of transit, and border crossing points.

On May 23, three officers with the Traffic Safety Police arrested and harassed a group of young persons. Video of the arrest was widely shared on social media and showed the officers kicking and harassing the group. The officers involved were arrested and immediately removed from the Traffic Safety Police Force.

During the year, according to the Conduct in UN Field Missions online portal, there were two allegations submitted of sexual exploitation and abuse by Mauritanian peacekeepers deployed to UN peacekeeping missions. Both cases involved transactional sex with an adult.

The National Mechanism for Prevention of Torture (MNP) is an independent governmental body charged with investigating credible allegations of torture. The government appointed new members of the MNP in September. The MNP has not launched any investigations since its inception in 2016.

Complaints filed with the courts for allegations of torture were submitted to police for investigation. The government continued to deny the existence of “unofficial” detention centers, even though NGOs and the United Nations pointed out their continuing usage. Neither the MNP nor the National Human Rights Commission (CNDH) directly addressed the existence of these places.

Impunity was a serious problem in the security forces, and it was identified in police forces and the National Guard. Politicization, corruption, and ethnic tensions between the Beydane-majority security forces and Haratine (“Black Moor” Arab slave descendants) and sub-Saharan communities were primary factors contributing to impunity. The government took some steps to conduct information sessions on human rights with security forces. On September 25, the Ministry of the Interior and Decentralization circulated directives to the security services that emphasized the importance of taking responsibility for one’s actions and that no one is above or outside of the law.

Prison and Detention Center Conditions

Prison conditions remained life threatening due to persistent food shortages, violence, inadequate sanitary conditions, lack of adequate medical care, and indefinite pretrial detention.

Physical Conditions: Prisons remained overcrowded. In 2018 the UN Committee Against Torture reported that authorities held 2,321 detainees in facilities designed for 2,280 persons. Authorities frequently grouped pretrial detainees with convicts who represented a danger to other prisoners. Male guards frequently monitored female inmates, a practice criticized by the CNDH.

There were two separate prisons for women, one in the capital Nouakchott and the other in the country’s second-largest city, Nouadhibou. Almost all supervisors of female inmates were male because the all-male National Guard was assigned the task of supervising prisons nationwide. The few female supervisors in prisons were not members of the National Guard, but rather were members of civil protection teams (firefighters). Detention conditions for women were generally better than those for men. According to prison officials, the women’s prison in Nouakchott was less crowded than those for men.

Prison authorities held a mixed population of prisoners in prison facilities, regardless of their specific sentences. Drugs were often trafficked among prisoners, which the government acknowledged was caused by lax security procedures surrounding visitors. Prisoners often rebelled and disobeyed authorities, in some cases to protest violence and inhuman treatment meted out by jailers. Poor security conditions and the indiscriminate grouping of inmates meant that prisoners often lived with the threat of violence, while some had to bribe other prisoners to avoid brutalization and harassment. Salafist prisoners complained of mistreatment at the Central Civil Prison of Nouakchott. Local nongovernmental organizations (NGO) reported that in Dar Naim, the largest prison in the country, inmates partially managed one wing of the prison while staff secured the other half. Narcotics, weapons, and cash reportedly circulated freely because staff could not effectively screen goods that entered the prison and could not safely enter some areas.

Human rights groups continued to deplore the lack of adequate sanitation and medical facilities in prisons nationwide, particularly in the Dar Naim men’s prison and at the Central Civil Prison of Nouakchott. The government allocated a budget of 50 ouguiyas ($1.35) a day for each prisoner for food and medical supplies, an amount observers deemed inadequate. Ventilation, lighting, and potable water in many cells and holding areas ranged from inadequate to nonexistent.

In 2018 the Directorate of Penal Affairs and Prison Administration within the Ministry of Justice established a youth detention center in Nouakchott, which held 58 minors during the year. The regular prison in Nouadhibou held nine minors. An Italian NGO continued to operate a separate detention center for minors, the only prison facility that came close to meeting international standards. These facilities operated in addition to youth detention centers located in police stations throughout the country.

Administration: Authorities permitted prisoners to file allegations of abuse with the CNDH and the MNP. Government regulations also allowed inmates to elect one representative in dealings with the prison administration, and prisoners occasionally made use of this opportunity. The government acknowledged allegations of inhuman conditions but rarely took corrective action. Periodically prisoners were transferred to prisons in the interior of the country to alleviate the overflow of prisoners held in Nouakchott; however, these transfers often meant that prisoners were separated from their families and legal representatives, and it increased the average length of time prisoners were held in pretrial detention.

Independent Monitoring: The government permitted prison and detention center visits by NGOs, diplomats, and international human rights observers. The CNDH carried out unannounced visits to these detention centers. The International Committee of the Red Cross (ICRC) had unlimited access to prisons and conducted multiple visits, including visits to prisoners suspected of terrorist activities.

Improvements: International and local partners, including the ICRC, the Noura Foundation, and Caritas-Mauritania, contributed to the improvement of general hygiene and living conditions in the detention centers and prisons with the support of the government. In particular the ICRC helped to improve infrastructure, hygiene, and health conditions in detention centers and rehabilitated the sanitation network of Dar Naim Prison. The ICRC also implemented a program to combat malnutrition in prisons, including the main prisons in Aleg and Dar Naim, by rehabilitating kitchen facilities and periodically providing medicines and other hygiene products.

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention, but authorities did not always observe these prohibitions. A detainee has the legal right to challenge the lawfulness of his or her detention under two circumstances: first, if a person remains arrested after the end of his or her legal period of detention; and second, if the detainee disagrees with his or her sentence, in which case he or she has the right to file an appeal before a court of appeal or the Supreme Court.

Authorities generally did not inform detainees of the accusations against them until the conclusion of police investigation. With few exceptions, individuals could not be detained for more than 48 hours without evidence, and prosecutors may extend the period for an additional 48 hours in some cases. Because nonbusiness days are not counted within this 48-hour maximum period, police officers often arrested individuals on a Wednesday or Thursday to keep them in custody for a full week. If a person is detained on terrorism charges, that individual can be held in custody for as long as 45 days. The law requires that a suspect be brought before a judicial officer and charged with a crime within 48 hours; however, authorities did not generally respect this right.

The 126th UN Human Rights Committee conducted its periodic country review in 2019 and noted police records of detainees in police stations were poorly maintained. Only after the prosecutor submits charges does a suspect have the right to contact an attorney. By law indigent defendants are entitled to an attorney at state expense, but legal representation was frequently either unavailable or attorneys did not speak the defendant’s language (and were not always provided translation services). Judges often arbitrarily refused requests for bail or set inordinately high bail amounts.

Arbitrary Arrest: During the year authorities arbitrarily arrested and detained protesters, human rights activists, and journalists (see section 2.a.). Between February 13 and 15, police arrested 15 persons, most of whom had taken part in a meeting organized in a private residence by the Alliance for the Refoundation of the Mauritanian State (AREM), a group that advocates secularism in the country. Eight of the 15, including the five men who were held in pretrial detention until the court heard their case on October 20, were ultimately convicted “of failure to observe the prohibitions prescribed by Allah.” All five men who were kept in pretrial detention were released by October 26 (see section 2.a.).

Pretrial Detention: Lengthy pretrial detention remained a serious problem, although no statistics on the average length of detention were available. In 2018 the UN Committee Against Torture reported that 38 percent of detainees were pretrial detainees. As of September there were approximately 1,500 persons in pretrial detention throughout the country. Members of the security forces sometimes arrested demonstrators and held them longer than the legal maximum time, often due to lack of capacity to process cases in a timely manner, and in some cases to obtain confessions. By law authorities may not hold a minor for more than six months while the detainee awaits trial. Nevertheless, there were reports of many individuals, including minors, remaining in pretrial detention for excessively long periods due to judicial inefficiency. During the COVID-19 pandemic, most jurisdictions stopped processing cases, and both the rate and length of pretrial detention increased despite periodic releases of pretrial detainees by the Ministry of Justice.

The constitution and law provide for an independent judiciary, and the government took steps to increase judicial independence and impartiality. Nevertheless, the executive branch continued to exercise significant influence over the judiciary through its ability to appoint and remove judges. Authorities did not always respect or enforce court orders. Observers often perceived judges to be corrupt and unskilled.

The law provides for due process, and defendants are presumed innocent until proven guilty. The law requires that authorities inform defendants of the charges against them within 48 hours, but the government did not normally respect this provision. Defendants often did not learn of the charges against them until police investigation was complete. Authorities generally provided defendants with free interpretation as required; however, the quality of these services was generally poor. Defendants have the right to a fair and public trial. They also have the right to be present during their trial. All defendants, including the indigent, have the right to legal counsel, but authorities rarely respected this right. Likewise, defendants may confront or question witnesses and present witnesses and evidence in both civil and criminal cases.

Defendants generally had adequate time and facilities to prepare their defense. Defendants enjoy the right not to be compelled to testify or confess guilt and have the right of appeal. These rights extend to minorities and men but do not extend equally to women. Court proceedings are by law conducted in Arabic, and interpreters are not always available for those defendants who do not speak the language. Some bilingual judges could communicate with defendants in French. Sharia is, in part, the basis for trial procedures. Courts did not always treat women equally with men during these proceedings.

A special court for minors hears cases involving persons younger than age 18. Children who appeared before the court received more lenient sentences than adults, and extenuating circumstances received greater consideration. The minimum age for a child to stand trial is 12 years.

There were no reports of political prisoners or detainees.

Complaints of human rights abuses fall within the jurisdiction of the Administrative Court. Individuals or organizations may appeal decisions to international and regional courts. NGO representatives stated they collaborated with the Administrative Court but added it was not impartial. There are administrative remedies through the social chambers in both the court of appeals and the Supreme Court.

Property ownership in the southern regions has been controversial since the government expelled tens of thousands of non-Arab sub-Saharans from communities along the Senegal River Valley (Halpulaar, Soninke, and Wolof) between 1989 and 1991 amid tensions with neighboring Senegal. Many non-Arabs were dispossessed of their land, which regional officials subsequently sold or ceded to Beydane, also known as “Arabo-Berbers” and “White Moors” (see section 6). Although the government continued to make modest efforts to indemnify returning deportees, it did not fully restore their property rights. The government reimbursed some dispossessed in cash and provided jobs for others.

The constitution prohibits such actions, although there were numerous reports that the government failed to respect these prohibitions. For example, authorities often entered homes without judicial or other appropriate authorization.

There was one report that the government or its agents allegedly committed an arbitrary or unlawful killing. The Major Crime Investigation Team investigates security force killings and the Office of the Director of Public Prosecutions pursues prosecutions.

On May 5, inmate Jean Cael Permes was found dead at the high security prison in Phoenix. The postmortem examination revealed that Permes died of hemorrhagic shock after being hit on various parts of the body with a blunt object. The Major Crime Investigation Team of the Mauritius Police Force arrested five prison guards of the Correctional Emergency Response Team, and the investigation continued at year’s end.

On August 3, the Intermediary Court acquitted the four police officers accused of killing Iqbal Toofany in 2015 while in custody after a routine traffic stop. The court found that the prosecution did not prove that the officers were involved in Toofany’s death. On August 21, the Office of the Director of Public Prosecutions appealed the Intermediary Court’s decision.

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

The constitution and law prohibit such practices, but there continued to be allegations of police abuse, through either official complaints or allegations made on the radio or in the press. For example, in September, four boys accused two prison guards at the Beau Bassin Correctional Youth Center of physical assault. The two prison guards were only reprimanded.

Impunity was a significant problem in the security forces. While disciplinary actions against offending officers take place, dismissal or prosecutions are rare.

Prison and Detention Center Conditions

While conditions did not always meet international standards, there were no significant reports regarding prison or detention center conditions that raised human rights concerns.

Physical Conditions: There were reports prison officials failed to provide timely adequate medical assistance. Lack of maintenance of sanitary equipment and the absence of readily available soap caused hygiene problems in some of the prisons. Inmates’ relatives sometimes turned to private radio stations to denounce hygiene conditions or other problems in the prisons. There was some overcrowding in the prisons. The NGO World Prison Brief reported that in October prisons held 2,757 detainees in facilities designed to hold 2,315 persons.

Administration: The National Human Rights Commission (NHRC) claimed every prisoner complaint was dealt with expeditiously. In its 2019 report, the National Preventive Mechanism (NPM) Division of the NHRC received 75 complaints from prison inmates; 65 were resolved and 10 remained under investigation.

Independent Monitoring: The government permitted prison visits by independent nongovernmental observers, including the press, the NPM Division of the NHRC, independent local nongovernmental organizations (NGOs), the EU, and other foreign missions.

d. Arbitrary Arrest or Detention

The constitution and 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. The government generally observed these legal requirements.

The constitution and law require arrest warrants be based on sufficient evidence and issued by a magistrate. A provisional charge based on a reasonable suspicion, however, allows police to detain an individual up to 21 days with the concurrence of a magistrate. If authorities grant bail but the suspect is unable to pay, authorities detain the suspect in the Grand River North West Prison pending trial. Authorities must advise the accused of his or her rights, including the right to remain silent and the right to an attorney. The law requires authorities to arraign suspects before the local district magistrate within 48 hours of arrest. Police generally respected these rights, although they sometimes delayed suspects’ access to defense counsel. Detainees generally had prompt access to family members, but minors and those not advised of their rights were less likely to obtain such access. During the COVID-19 confinement period (March 18 to May 15), prisons did not allow visits. A magistrate may release an individual on bail the day of arrest, with or without police consent. Authorities may detain individuals charged with drug trafficking for up to 36 hours without access to legal counsel or bail. Courts grant bail for most alleged offenses. There was no report that any suspects were detained incommunicado or for a prolonged period without access to an attorney.

Arbitrary Arrest: At least seven citizens were arrested for criticizing the government (see section 2.a.). On September 22, police arrested political activist Bruneau Laurette, who had organized an antigovernment rally that attracted approximately 100,000 persons, due to an alleged bounced check. Laurette claimed that he paid the debt in July. He was released on bail.

Pretrial Detention: According to data from the Office of the Director of Public Prosecutions, the NHRC, and the Bureau of Prisons, due to a backlogged court system and detainees’ inability to post bail, a significant percentage of the prison population remained in pretrial detention. In October, 53 percent of detainees were pretrial detainees, according to the NGO World Prison Brief. Lawyers believed that approximately 40 percent of pretrial detainees typically remained in custody for at least three years before going to trial. Judges routinely credited time served in custody against sentences ultimately imposed.

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

The constitution and law provide for the right to a fair and public trial, and an independent judiciary generally enforced this right. Criminal defendants enjoy a presumption of innocence. Trials are typically not timely. Defendants have the right to prompt and detailed information on the charges against them (with free interpretation as necessary from the moment charged through all appeals). Defendants have the right to be present at their trials and to consult an attorney in a timely manner. An attorney is provided at public expense when indigent defendants face felony charges. Defendants have the right to adequate time and facilities to prepare a defense, to confront or question prosecution or plaintiff witnesses against them, and to present witnesses and evidence on their own behalf. Defendants have the right also not to be compelled to testify or confess guilt, and to present an appeal. The law extends these rights to all citizens. The courts respected these rights, although the extensive case backlog significantly delayed the process.

There were no reports of political prisoners or detainees.

There is an independent and impartial judiciary for civil matters. The law provides access to a court to bring lawsuits seeking damages for human rights abuses. It also provides for individuals to seek civil remedies for such abuses. As an alternative to the judicial system, the constitution provides for an ombudsman to investigate complaints from the public and members of the National Assembly against government institutions and to seek redress for injustices committed by a public officer or other authority acting in an official capacity. The ombudsman can make recommendations but cannot impose penalties on a government agency. After exhausting all local appeals, individuals or organizations can appeal decisions to the United Kingdom’s Privy Council, which is the highest court of appeal. The government respected courts’ decisions.

The constitution prohibits such actions, but the government did not always respect these prohibitions. There were continuing unsubstantiated claims police tapped phones, emails, and offices of journalists and opposition politicians. Freedom House noted complaints that the law allows monitoring of private online speech, and provides penalties for false, harmful, or illegal statements online (see section 2.a.). There were unsubstantiated reports that authorities used cell phone data to track persons’ locations without a judicial warrant.

There were several reports government entities or their agents committed arbitrary or unlawful killings, often with impunity. The National Human Rights Commission (CNDH) is responsible for independently investigating security force abuses, including killings, and can issue formal recommendations for prosecution. State human rights commissions investigate state police forces and can issue similar recommendations. State and federal prosecutors are independent of the executive branch and have the final authority to investigate and prosecute security force abuses. Organized criminal groups were implicated in numerous killings, acting with impunity and at times in collusion with corrupt federal, state, local, and security officials.

On May 4, Giovanni Lopez died in police custody after police allegedly beat him for three hours. Municipal police officers from Ixtlahuacan de los Membrillos, Jalisco, arrested Lopez for resisting arrest and transported him to their precinct after witnesses said he intervened when police attempted to arrest his neighbor. On June 5, the governor announced three municipal police officers had been arrested for Lopez’ death.

On July 3, the newspaper and website El Universal presented a video of soldiers in Nuevo Laredo, Tamaulipas, which showed them approaching a truck after a gun battle with suspected cartel members. One of the soldiers discovered a combatant still alive and subsequently received orders to kill the wounded person. A total of 12 persons died in the encounter: nine suspected cartel members who allegedly initiated the gun battle with the army patrol and three bound and gagged kidnapped victims the cartel members were transporting in their trucks when the firefight broke out. The Prosecutor General’s Office and the Secretariat of National Defense launched separate investigations into the incident.

As of September the six federal police agents accused of murder and attempted murder of 16 unarmed civilians in Apatzingan, Michoacan, in 2015 remained in pretrial detention, pending conclusion of the trial.

Environmental activists, the majority from indigenous communities, continued to be targets of violence. In January, Homero Gomez, an indigenous and environmental rights defender, went missing and was later found dead (see section 6, Indigenous People). As of October 15, no suspects had been arrested.

Criminal organizations carried out widespread killings and other illegal activities throughout the country. On April 3, a clash between La Linea cartel and the Sinaloa cartel left 19 persons dead in Madera, Chihuahua.

There were reports of numerous forced disappearances by organized crime groups, sometimes with allegations of state collusion. In its data collection, the government often merged statistics on forcibly disappeared persons with missing persons not suspected of being victims of forced disappearance, making it difficult to compile accurate statistics on the extent of the problem.

Investigations, prosecutions, and convictions for the crime of forced disappearance were rare. According to the Attorney General’s Office, from October 2013 to August 2018, courts issued eight convictions and 17 acquittals for forced disappearance, and another 18 sentences were in the appeals process.

At the federal level, the Specialized Prosecutor’s Office for Forced Disappearances was investigating 980 cases of disappeared persons, while other federal offices were investigating 1,000 additional cases as of August, according to the human rights organization SERAPAZ. Some states made progress investigating this crime. From January to July 2019, prosecutors in Veracruz State opened 573 investigations into disappearances, but family members alleged the prosecutors undercounted the actual number of cases.

In February a federal judge in Monterrey sentenced five marines to 22 years in prison and ruled the secretary of the navy should publicly apologize for the 2013 forced disappearance of Armando Humberto del Bosque Villarreal in Colombia, Nuevo Leon. Hunters found the body of del Bosque in a forest outside the naval base two months after he disappeared. The sentences were the first against the armed forces in Nuevo Leon. On December 2, a judge reversed the sentence for failures in the formulation of the accusation, finding that the marines should have been tried according to the General Law on Forced Disappearances of Persons approved in 2017 and not the federal penal code, which was repealed with the passing of the previous rule.

The federal government and states continued to implement the 2017 General Law on Forced Disappearances. By December all 32 states had met the requirement to create state search commissions, according to the National Search Commission (CNB). Through a nationwide assessment process, the CNB revised the government’s official number of missing or disappeared persons repeatedly during the year as additional data became available. As of December the CNB reported there were 79,658 missing or disappeared persons in the country. Some cases dated back to the 1960s, but the vast majority occurred since 2006. The year 2019 had the second-highest number of cases on record, with 8,345 reported missing or disappeared, up from 7,267 cases reported in 2018. Nongovernmental organizations (NGOs) commended the government for providing a more accurate accounting and urged the government to strengthen efforts to investigate and prosecute cases.

Nationwide, the CNB reported the exhumation of the remains of at least 2,361 persons in 1,413 clandestine graves between December 1, 2018, and November 30, 2020. In July the CNB reported that between January 2006 and June 2020, officials located 3,978 clandestine graves and exhumed 6,625 bodies. The same report noted that between December 1, 2018, and November 2020, of the 894 bodies identified, 506 were returned to families.

In July the CNB launched a public version of the National Registry of Disappeared and Missing Persons. Between January and June, it received 5,905 reports of missing persons and located 3,078 alive and 215 deceased. In December 2019 the government created the Extraordinary Mechanism for Forensic Identification to bring together national and international forensic experts to help identify 37,000 unidentified remains held in government facilities, but as of September it was not fully operational.

During the year the government raised the CNB’s budget to $32.8 million, a 55 percent increase over the 2019 budget. Nonetheless, according to NGOs, the state search committees often lacked the human and financial resources to fulfill their mandate. For example, those in Campeche, Sonora, Tabasco, and Tlaxcala had fewer than five employees on staff, according to an NGO assessment of human rights in the country. Civil society and families of the disappeared stated the government’s actions to prevent and respond to disappearances were largely inadequate and lacked sufficient resources to address the scale of the problem.

On June 26, the bodies of 14 persons were found in Fresnillo, Zacatecas. The state prosecutor general’s office transferred the remains to the Zacatecan Institute of Forensic Sciences, but as of October no arrests had been made.

Jalisco disappearances data remained under scrutiny as more mass graves were discovered. The NGO Mexican Center for Justice for Peace and Development criticized Jalisco’s recordkeeping practices for complaints related to disappeared persons, accusing the Jalisco Prosecutor General’s Office of lacking a methodology for data collection and not being transparent in information sharing. The NGO tallied 2,100 unsolved disappearances from July 2019 to August 2020 (and 9,286 persons unaccounted for overall since the 1960s). The Jalisco Prosecutor General’s Office and the Jalisco Forensics Institute were unable to process increasing numbers of cases, with dozens of sets of human remains discovered during the year.

In November authorities announced the discovery of 113 bodies in a mass grave in El Salto, Jalisco. As of December relatives were able to identify 30 of the bodies. Another mass grave was being excavated in Ixtlahuacan de los Membrillos, Jalisco, where 25 bodies were found.

The federal government created a National System for the Search of Missing Persons as required by law but as of August had not established the required National Forensic Data Bank. The Prosecutor General’s Office owned a previous genetics database, which consisted of 63,000 profiles, and was responsible for the new database. The previous platform lacked interconnectivity between states and failed to connect family members effectively to the remains of their missing relatives.

Investigations continued into the disappearances of 43 students from the Ayotzinapa Rural Teachers’ College in Iguala, Guerrero, in 2014. Victims’ relatives and civil society continued to criticize handling by the Attorney General’s Office of the original investigation, noting there had been no convictions related to the disappearances of the 43 students. On July 7, the Prosecutor General’s Office announced forensic scientists at the University of Innsbruck conclusively identified the remains of one of the 43 disappeared students, Christian Alfonso Rodriguez Telumbre. This was the first identification made in the case in more than five years.

In June 2019 the Prosecutor General’s Office created the Special Unit for the Investigation and Litigation of the Ayotzinapa case. As of October the unit brought charges against former officials for failing to conduct an adequate investigation and using torture to coerce confessions but had not charged anyone for the disappearances of the students.

In March a federal judge issued an arrest warrant for Tomas Zeron, who led the investigation of the case by the former criminal investigations unit in the Attorney General’s Office at the time of the students’ disappearances. Zeron was wanted on charges related to his conduct of the investigation, including torturing alleged perpetrators to force confessions, conducting forced disappearances, altering the crime scene, manipulating evidence, and failing to perform his duties. He was believed to be in Israel, and the government requested that the Israeli government issue an arrest warrant and extradite him.

Also in March a federal judge issued arrest warrants against four government officials and a marine for torturing detainee Carlos Canto Salgado and obstruction of justice in the investigation of the Ayotzinapa case. In June the Prosecutor General’s Office arrested Jose Angel Casarrubias, also known as “El Mochomo,” a leader of the Guerreros Unidos cartel that allegedly collaborated with security forces to disappear the students. A judge later ordered his release due to lack of evidence, but the Prosecutor General’s Office detained him again shortly thereafter on separate organized-crime-related charges. As of September the Prosecutor General’s Office detained the head of the Federal Investigative Police, Carlos Gomez Arrieta, who handed himself in, and another high-level official, Blanca Alicia “N” from the Public Ministry, who allegedly tampered with evidence. On November 12, authorities arrested Captain Jose Martinez Crespo, the first arrest of a soldier in the case and one of the officers in charge of the army battalion in Iguala the night of the disappearances. Prosecutors charged him with forced disappearance and colluding with the Guerrero Unidos cartel. By December the Federal Prosecutor’s Office had requested 101 arrest warrants related to the case, of which 63 were issued and 47 carried out, leading to 78 arrests.

In August 2019 a judge dismissed charges against Gildardo Lopez Astudillo for his alleged role in the Ayotzinapa case after finding the evidence collected against him was obtained through torture and arbitrary detention. The Prosecutor General’s Office appealed the dismissal, and as of October the decision was pending.

As of November no alleged perpetrators of the disappearances had been convicted, and 78 of those initially accused were released due to lack of evidence, generally due to irregularities in their detention, including confessions obtained through torture.

Federal law prohibits torture and other cruel, inhuman, or degrading treatment or punishment, as well as the admission of confessions obtained through illicit means as evidence in court. Despite these prohibitions, there were reports of security forces torturing suspects.

In November 2019 the NGO Mexican Commission for the Defense and Promotion of Human Rights released a 12-year study on torture, which registered 27,342 investigations from 2006 to 2018. There were 10,787 federal investigations and 16,555 state-level investigations, of which 50 resulted in sentences, 15 of which were later exonerated.

Between January and August 20, the CNDH registered 25 complaints of torture and 132 for arbitrary detention. The majority of these complaints were against authorities in the Prosecutor General’s Office, Federal Police, Interior Ministry, and the navy. As of April, 20 of 32 states had specialized prosecutor’s offices for torture as called for by law.

On July 27, Adolfo Gomez was found dead in his jail cell in Chiapas. Authorities declared Gomez hanged himself, but his family said his body showed signs of torture. Gomez was arrested with his wife Josefa in an operation that authorities stated uncovered a trafficking ring of 23 children, but later evidence showed the children were all members of the same extended family and were with their relatives. In August the Chiapas State Prosecutor General’s Office confirmed Gomez committed suicide and announced the arrest of the director and two penitentiary center employees accused of flagrant omission in their duty of care. The accused were released shortly after.

Impunity for torture was prevalent among the security forces. NGOs stated authorities failed to investigate torture allegations adequately. As of January 2019 the Prosecutor General’s Office was investigating 4,296 torture-related inquiries under the previous inquisitorial legal system (initiated prior to the 2016 transition to an accusatorial system) and 645 investigations under the accusatorial system. A 2019 report by the Prosecutor General’s Office stated it brought charges in one torture case during that year. The Office of the UN High Commissioner for Human Rights (OHCHR) signed an agreement with the government in April 2019 to provide human rights training to the National Guard, but as of October the OHCHR reported no training had been carried out.

Prison and Detention Center Conditions

Conditions in prisons and detention centers were often harsh and life threatening.

Physical Conditions: According to the Federal Prison System, as of June there were 210,287 inmates in 295 state and federal facilities with a designed capacity of 221,574. Some prisons were undersubscribed while others were overcrowded. According to online media El Economista, 46 percent of prisoners shared a cell with five or more other inmates and 13 percent shared a cell with 15 or more inmates. The state of Baja California had the highest number of overcrowded cells.

The CNDH’s 2019 National Diagnostic of Penitentiary Supervision reported that state prisons were understaffed and suffered from poor sanitary conditions as well as a lack of opportunities for inmates to develop the skills necessary for social reintegration. The report singled out Guerrero, Tamaulipas, and Veracruz as the states with the worst prison conditions. The CNDH noted significant understaffing at all levels in federal prisons, which affected access to programs, activities, and medical services and promoted segregation of inmates.

Organized criminal groups reportedly continued to oversee illicit activities from within penitentiary walls. The National Prison Administration reported that during an enforcement operation from May to July, it detected nearly 15,000 cell phones in use in 21 prisons around the country and cancelled 16,500 cell phone numbers. On February 20, authorities transferred 27 inmates from Nuevo Laredo’s state prison to Altamiro Federal Prison, according to the Ministry of Public Security in Tamaulipas. This followed an earlier transfer of seven prisoners from Nuevo Laredo to federal prison on January 29. Experts believed the transfers were likely an attempt to break cartel control of Nuevo Laredo’s prisons.

According to civil society groups, migrants at some detention centers faced abuse when commingled with gang members and other criminals.

As of August 17, a total of 2,686 prisoners had contracted COVID-19, 263 had died of the disease, and 3,755 were released to prevent further contagion, according to the NGO Legal Assistance for Human Rights. In response to a civil society organization lawsuit, a Mexico City court ruled authorities must implement COVID-19 detection and preventive health protocols for detainees and their families in prisons in Mexico City and psychiatric wards nationwide. As of September only three states had complied with all or nearly all the court-mandated health measures, according to the NGO Documenta.

The CNDH, in its report on COVID-19 measures in holding facilities, found most detention facilities could not comply with social distancing measures or several other health recommendations due to lack of space, personnel, or equipment.

NGOs alleged the National Migration Institute (INM) failed to take effective steps to stop the spread of COVID-19 among migrants. After initial criticism the INM released or repatriated migrants in its detention facilities to mitigate the spread of infection.

Administration: Authorities did not always conduct investigations into credible allegations of mistreatment. In September the NGOs Citizens in Support of Human Rights and Human Rights Watch sent a letter to the governor of Nuevo Leon urging investigations into reports of abusive conditions in the state’s prisons as well as the deaths of three inmates during the year. The NGOs noted only one of the three deaths was being investigated. As of October the governor had not responded to the letter.

Independent Monitoring: The government permitted independent monitoring of prison conditions by the International Committee of the Red Cross, CNDH, and state human rights commissions.

In January more than 20 NGOs and international organizations stated the INM denied them entry to migratory stations to access migrants who arrived in a caravan on January 18-21, preventing independent oversight and denying information to the NGOs. The INM resumed granting access after public criticism.

Improvements: Federal and state facilities continued to seek or maintain international accreditation from the American Correctional Association. As of August, six state facilities received accreditation, raising the total number of state and federal accredited facilities to 98. The six states demonstrated compliance with numerous standards, including written policies and procedures ensuring continual staff training and increased accountability of staff and inmates.

d. Arbitrary Arrest or Detention

Federal 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, but the government sometimes failed to observe these requirements. Between January and August, the CNDH recorded 132 complaints of arbitrary detention.

The constitution allows any person to arrest another if the crime is committed in his or her presence. A warrant for arrest is not required if an official has direct evidence regarding a person’s involvement in a crime, such as having witnessed the commission of a crime. In a 2018 report, Mexico Evalua, a domestic think tank, determined 90 percent of all arrests fell under this category. This arrest authority, however, is applicable only in cases involving serious crimes in which there is risk of flight. Bail is available for most crimes, except for those involving organized crime and a limited number of other offenses. In most cases the law requires detainees to appear before a judge for a custody hearing within 48 hours of arrest, during which authorities must produce sufficient evidence to justify continued detention. This requirement was not followed in all cases, particularly in remote areas of the country. In cases involving organized crime, the law allows authorities to hold suspects up to 96 hours before they must seek judicial review.

The procedure known in Spanish as arraigo (a constitutionally permitted form of pretrial detention employed during the investigative phase of a criminal case before probable cause is fully established) allows, with a judge’s approval, for certain suspects to be detained prior to filing formal charges. Following the introduction of the accusatorial justice system, however, there was a significant reduction in the number of persons detained in this manner, falling from more than 1,900 in 2011 to 21 in 2018.

Some detainees complained of a lack of access to family members and to counsel after police held persons incommunicado for several days and made arrests arbitrarily without a warrant. Police occasionally failed to provide impoverished detainees access to counsel during arrests and investigations as provided for by law, although the right to public defense during trial was generally respected. Authorities held some detainees under house arrest.

Arbitrary Arrest: Allegations of arbitrary detentions persisted throughout the year. The Inter-American Commission on Human Rights (IACHR), the UN Working Group on Arbitrary Detention, and NGOs expressed concerns regarding arbitrary detention and the potential for it to lead to other human rights abuses.

The Jalisco State Commission for Human Rights reported at least 118 complaints against police for arbitrary detention, forced disappearance, and abuse of power after statewide protests on June 4-9 following the death of Giovanni Lopez, who died in municipal police custody in Ixtlahuacan de los Membrillos.

Pretrial Detention: Lengthy pretrial detention was a problem, and authorities did not always release promptly those detained unlawfully. The accusatorial justice system allows for a variety of pretrial measures, including electronic monitoring, travel restrictions, and house arrest, that reduced the use of the prison system overall, including the use of pretrial detention. The law provides time limits and conditions on pretrial detention, but federal authorities sometimes failed to comply with them, since caseloads far exceeded the capacity of the federal judicial system. Violations of time limits on pretrial detention were endemic in state judicial systems. The OHCHR documented cases in the states of Mexico and Chiapas in which detainees remained for more than 12 years in pretrial detention. A constitutional reform passed in February 2019 increased the number of crimes for which pretrial detention is mandatory and bail is not available, including armed robbery, electoral crimes, fuel theft, and weapons possession.

Reports indicated women suffered disproportionately from pretrial detention. As of June, 54 percent of women in federal prison and 46 percent in municipal and state prisons were in pretrial detention, while 39 percent of men in the federal and local judicial system were in pretrial detention, according to a report from the Secretariat of Security and Civilian Protection. In October authorities announced they would comply with the recommendation of the OHCHR’s Working Group on Arbitrary Detention and release Brenda Quevedo Cruz, who had spent 11 years in prison without trial. Quevedo Cruz remained in detention at year’s end.

Although the constitution and law provide for an independent judiciary, court decisions were susceptible to improper influence by both private and public entities, particularly at the state and local level, as well as by transnational criminal organizations. Authorities sometimes failed to respect court orders, and arrest warrants were sometimes ignored. Across the criminal justice system, many actors lacked the necessary training and resources to carry out their duties fairly and consistently in line with the principle of equal justice.

In 2016 all civilian and military courts officially transitioned from an inquisitorial legal system based primarily upon judicial review of written documents to an accusatorial trial system reliant upon oral testimony presented in open court. In most states alternative justice centers employed mechanisms such as mediation, negotiation, and restorative justice to resolve minor offenses outside the court system.

Under the accusatorial system, judges conduct all hearings and trials and follow the principles of public access and cross-examination. Defendants have the right to a presumption of innocence and to a fair and public trial without undue delay. Defendants have the right to attend the hearings and to challenge the evidence or testimony presented. Defendants may not be compelled to testify or confess guilt. The law also provides for the rights of appeal and of bail in most categories of crimes. Defendants have the right to an attorney of their choice at all stages of criminal proceedings. By law attorneys are required to meet professional qualifications to represent a defendant. Not all public defenders were qualified, however, and often the state public defender system was understaffed. The administration of public defender services was the responsibility of either the judicial or the executive branch, depending on the jurisdiction. According to the Center for Economic Research and Teaching, most criminal suspects did not receive representation until after their first custody hearing, thus making individuals vulnerable to coercion to sign false statements prior to appearing before a judge.

Defendants have the right to free assistance of an interpreter, if needed, although interpretation and translation services into indigenous languages were not always available. Indigenous defendants who did not speak Spanish sometimes were unaware of the status of their cases and were convicted without fully understanding the documents they were instructed to sign.

The lack of federal rules of evidence caused confusion and led to disparate judicial rulings.

On July 29, legislators approved a law making all judicial sentences public. The increased transparency could discourage discriminatory and arbitrary sentences, according to various NGOs.

There were no reports of political prisoners or detainees.

Citizens have access to an independent judiciary in civil matters to seek civil remedies for human rights violations. For a plaintiff to secure damages against a defendant, authorities first must find the defendant guilty in a criminal case, a significant barrier due to the relatively low number of criminal convictions.

The law prohibits such practices and requires search warrants. There were some complaints of illegal searches or illegal destruction of private property. By law the government legally collected biometric data from migrants.

According to the NGO Freedom House, “Researchers continued to document cases of journalists, human rights lawyers, activists, and political figures targeted with Pegasus spy software. After denying they existed, in February 2019 the Prosecutor General’s Office provided evidence of Pegasus licensing contracts in 2016 and 2017.” Freedom House also reported that by March 2019 Citizen Lab and domestic NGOs had documented at least 25 cases of journalists, human rights lawyers, activists, and political figures being targeted with the Pegasus software, which is sold exclusively to governments. A 2019 study by WhatsApp and the University of Toronto’s Citizen Lab found the government continued to use Pegasus.

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

In October 2019 Rachelle Bergeron, a U.S. citizen who was the acting attorney general for Yap State, was murdered in front of her home; observers believed it may have been related to her work as acting attorney general. Later that month police arrested and charged two local men (one a former police officer). The case was pending trial.

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

The constitution prohibits such practices, and there were no reports that government officials employed them. Impunity was not a significant problem in the security forces.

Prison and Detention Center Conditions

There were no significant reports regarding prison or detention center conditions that raised human rights concerns.

Physical Conditions: Authorities usually held pretrial detainees in the same facilities but in separate areas from convicted prisoners. Due to a lack of medical facilities or community-based support services for treating persons with mental disabilities, the government used separate jail cells to house persons with mental disabilities who had no criminal background.

There are no separate juvenile detention facilities, but two of the four states have designated cells for juveniles. The states seldom incarcerated juvenile offenders.

Administration: There was no prison ombudsman to respond to complaints. Authorities permitted prisoners and detainees to submit complaints to judicial authorities without censorship and to request investigation of credible allegations of inhuman conditions, but they rarely investigated such allegations.

Independent Monitoring: The government is obliged to investigate and monitor prison and detention center conditions, but no information was available publicly on whether it did so. The government permits visits by independent human rights observers, but there was no information publicly available on whether independent monitoring occurred during the year.

d. Arbitrary Arrest or Detention

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. The government generally observed these requirements.

Warrants are required for arrests, and authorities advised detainees promptly of the charges against them. Authorities generally observed the requirement to bring detainees before a judge for a hearing within 24 hours of arrest. Courts released most arrested persons on bail or after they relinquished their passports. Detainees generally had prompt access to family members and lawyers. Not all detainees who requested help from the public defender’s office received adequate legal assistance due to an insufficient number of trained lawyers.

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

The law provides for the right to a fair and public trial, and an independent judiciary generally enforced this right. Authorities allowed closed hearings for cases involving juveniles. Judges conduct trials and render verdicts. Defendants are presumed innocent, have the right to a fair, timely, and public trial, have the right to be present at their trial, and cannot be forced to testify or confess guilt. They have the right to counsel of their choice, or have counsel provided at public expense, subject to availability of trained lawyers, and to adequate time and facilities to prepare a defense. They also have the right to be informed promptly and in detail of the charges; receive free interpretation as necessary from the moment charged through all appeals, present witnesses and evidence, confront witnesses against them, not be compelled to testify or confess guilt; and appeal. The law extends these rights to all persons. In some cases, however, state governments attempted to deport foreign workers who were victims of a crime before their cases came to trial.

There were no reports of political prisoners or detainees.

Individuals or organizations may seek civil remedies for human rights violations. The Supreme Court is responsible for hearing lawsuits seeking damages for, or the cessation of, human rights abuses.

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

There were no reports that the government or its agents committed arbitrary or unlawful killings. The Prosecutor General’s Office is responsible for investigating all killings involving security forces. Both the Ministry of Internal Affairs and the Ministry of Defense have internal audit sections responsible for investigating misconduct and ensuring the professional integrity of its personnel. There is no specialized body specifically tasked with reviewing deaths at the hands of police or security forces to determine if they were justified.

In separatist-controlled Transnistria, there was at least one report of a politically motivated killing. On June 10, a 43-year-old businessman, Vadim Ceban, was found dead near his home in Tiraspol, reportedly beaten to death with a shovel. Ceban had openly criticized Transnistrian “authorities” and Russian officials on social media and was one of several local businessmen trying to fight oligarch Viktor Gushan and his Sheriff Corporation’s monopoly over the region’s economy. Ceban posted an image on a popular Transnistrian Facebook group saying, “Sheriff Repent!!!” one week before his death. No suspects have been identified in Ceban’s killing. Civil society activists condemned Ceban’s killing as politically motivated.

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

In Transnistria abductions by “security forces” became more common throughout the year. Between October 6 and 8, there were reports of at least four abductions of Moldovan citizens from their homes in the Security Zone, including two Moldovan government employees, by Transnistrian “state security.” After initially refusing to acknowledge or comment on the incident, separatist “authorities” acknowledged the “arrest” of the two Moldovan government employees and released them on October 8. The others remained in separatist custody (see section 1.d.).

There were also reports throughout the year of the disappearances of ordinary Moldovan citizens and Transnistria residents in the Transnistrian region. On August 31, Moldovan citizen Constantin Mamontov disappeared while passing through Transnistria on his way from Ukraine to government-controlled territory in Moldova. After Moldovan government authorities requested information from separatist “authorities” on Mamontov’s whereabouts on September 4, the “authorities” finally confirmed Mamontov’s detention on September 10. The human rights nongovernmental organization (NGO) Promo-LEX reported on September 13 that Mamontov managed to escape from the region after 13 days of illegal detention and having his whereabouts kept secret by separatist “authorities.” Promo-LEX asserted that Mamontov’s disappearance suggested retaliation by members of Transnistria’s “law enforcement” for their comrade, Andrei Samonii, a former Transnistrian militia member, who was arrested by Moldovan government authorities and sentenced to 15 years in prison for kidnapping, illegally detaining, and torturing Constantin Mamontov and his spouse on charges of stealing in 2015.

After defecting from the Transnistrian “army” and fleeing to government-controlled territory in 2015, Alexandru Rjavitin disappeared while visiting family in Transnistria in December 2019. Rjavitin reappeared in the Transnistrian “army” in January but reportedly escaped in June and was presumed to have returned to government-controlled territory.

While the law prohibits such practices, the antitorture prosecution office reported allegations of torture and cruel, inhuman, and degrading treatment, mainly in detention facilities. Reports included cases of mistreatment in pretrial detention centers in police stations, particularly in regional police inspectorates. Impunity persisted and the number of prosecutions for torture initiated was far below the number of complaints filed.

The Office of the Prosecutor General’s antitorture division reported a decrease in mistreatment and torture cases during the year. During the first six months of the year, prosecutors received 262 allegations of mistreatment and torture, which included 241 cases of mistreatment, eight torture cases, and nine cases of law enforcement using threats or intimidation, including the actual or threatened use of violence, to coerce a suspect or witness to make a statement. In comparison authorities reported 456 allegations of mistreatment and torture during the first six months of 2019.

In September the Council of Europe’s Committee for the Prevention of Torture (CPT) released a report detailing the findings from its January-February visit to the country. The report noted that the persistence of a prison subculture that fostered interprisoner violence and a climate of fear and intimidation, reliance on informal prisoner leaders to keep control over the inmate population, and a general lack of trust in the staff’s ability to guarantee prisoner safety remained serious concerns. The CPT reported several allegations of physical mistreatment (punches and kicks) by prison officers at Penitentiary No. 13 in Chisinau, the excessive use of force by staff when dealing with agitated inmates at the penitentiaries in Chisinau (No. 13), Cahul (No. 5), and Taraclia (No. 1) and excessively tight handcuffing at the Chisinau and Taraclia prisons.

In September a man was reportedly beaten in custody at the Cimislia Police Inspectorate’s Temporary Detention Isolator by one of the facility’s officers. The Moldovan Institute for Human Rights (IDOM) noted that during an audit of the facility, its monitor encountered a shirtless man in custody with bruises and injuries covering his face, arms, and torso. The man claimed that during questioning after his initial arrest, he was punched in the face by one of the facility’s officers and subjected to further physical abuse throughout his detention. The IDOM monitor conducting the audit reported seeing a laceration on the bridge of the man’s nose. The case was reported to the Anti-Torture Prosecutor’s Office, which was investigating at year’s end.

As of October, two criminal cases continued from the 2017 death of Andrei Braguta. Thirteen police officers are accused of inhuman treatment and torture against Braguta, and two doctors from Penitentiary No. 16, where Braguta died, are accused of workplace negligence. Braguta died in a pretrial detention facility in Chisinau in 2017 after being severely beaten by fellow inmates and being subjected to inhuman and degrading treatment by prison authorities. In an August press conference, Braguta’s parents expressed concern regarding the impunity of the 13 police officers and two doctors involved in the case. According to them, 100 out of 140 court hearings have either been postponed or canceled since 2017. This claim was independently verified by Promo-Lex.

In Transnistria there were reports of allegations of torture and cruel, inhuman, and degrading treatment in detention facilities, including denial of medical assistance and prolonged solitary confinement. There was no known mechanism to investigate alleged acts of torture by Transnistrian “security forces.” Promo-LEX noted that “authorities” perpetrated most inhuman and degrading treatment in the Transnistrian region in order to obtain self-incriminating confessions. Transnistrian “law enforcement” bodies did not publicly report any investigations or prosecutions for torture or inhuman treatment by Transnistrian “security forces” during the year.

In January the European Court of Human Rights (ECHR) ruled in the case, Cazac and Surchician vs. Republic of Moldova and the Russian Federation, holding the Russian Federation responsible for violating articles of the European Convention on Human Rights that prohibit torture and provide the right to liberty and security, the right to a fair trial; the right to respect for private and family life, and the right to an effective remedy. The case stemmed from the 2010 detention of Ilie Cazac by Transnistrian “law enforcement authorities,” who subsequently tried, convicted, and sentenced Cazac to 14 years in prison for “high treason.” During his time in pretrial detention and in prison after conviction, the ECHR found that Cazac was subjected to inhuman and degrading treatment. Cazac reported being threatened with beating and infection with HIV. He also reported being: drugged; denied food, water, sleep, and the use of a toilet for extended periods; exposed to cellmates with active tuberculosis; and placed in a constant state of psychological stress and intimidation. Cazac was “pardoned” by Transnistrian “authorities” and released in 2011. The ECHR ordered the Russian Federation to pay Cazac and Surchician a total of 42,000 euros ($50,000) for nonpecuniary damages and 4,000 euros ($4,800) for costs and expenses.

The Transnistria-based human rights NGO MediaCenter reported continuing violations of detainees’ rights in Transnistrian prisons, pretrial detention centers, and centers for persons with special needs. Serghey Mantaluta, sentenced in 2018 to 10 years in prison on charges of smuggling and insulting an “official,” was denied medical assistance after a bone fracture and kept in solitary confinement without access to a toilet. Children at the Hlinaia residential center for orphans with special needs were reportedly subjected to cruel and inhuman treatment, including beating, dunking in washbasins, and other forms of corporal punishment.

Defense attorney Veaceslav Turcan alleged that his client, Ghenadyi Kuzmiciov, formerly Transnistria’s “minister of internal affairs,” suffered from inhuman detention conditions throughout the year. Kuzmiciov was abducted from government-controlled territory in 2017 and transported to Transnistria, where in 2019 he was sentenced to 13 years in prison on charges of smuggling and illegal possession of firearms. Turcan stated that Kuzmiciov has been in solitary confinement and denied access to visitors, mail, and other outside communications since 2017.

Prison and Detention Center Conditions

Despite reconstruction work and minor improvements at several detention facilities, conditions in most prisons and detention centers remained harsh, owing to poor sanitation, lack of privacy, insufficient or no access to outdoor exercise, and a lack of facilities for persons with disabilities. During the year additional restrictions and lockdowns were put in place in the prisons for an extended period due to the COVID-19 pandemic.

Physical Conditions: Prisons and detention centers were overcrowded. In a September report following its visit to the country in January-February, the CPT noted the existence of large-capacity dormitories, low staffing levels in prisons, and insufficient health-care personnel.

Health care was inadequate at most penitentiaries and worsened during the COVID-19 pandemic because of a lack of protective equipment. While government regulations require authorities to separate individuals suspected of suffering from tuberculosis from other detainees, authorities reportedly colocated individuals with various diseases with persons with an unconfirmed diagnosis of tuberculosis, potentially exposing them to the disease. Most penitentiaries lacked appropriate facilities for persons with disabilities, which led to inhuman and degrading treatment. There were 36 deaths in penitentiary facilities registered as of October, including five pretrial detainees. The National Penitentiary Administration reported heart disease and cancer as main causes of death among prison inmates. According to Promo-LEX, the deficient administration of health services in penitentiaries led to a low quality of medical services provided to prison inmates, which in many cases led to death. Independent monitors noted the existence of two parallel healthcare systems in the country: the public healthcare system and the unaccredited healthcare system in penitentiaries, as well as a lack of coordination between the two.

As of August 25, National Penitentiary Administration officials confirmed 30 cases of COVID-19 among inmates and 68 cases among prison staff since the start of the pandemic. Inmates diagnosed with COVID-19 were generally transferred to the prison medical facility at Penitentiary No. 16 in Pruncul for treatment.

Temporary detention facilities, located mostly in the basements of police stations, generally lacked natural light, adequate ventilation, and sewage systems. Human rights NGOs also noted facility staff did not feed pretrial detainees on the days of their court hearings–which in some cases meant they received no food for a day. In most cases detainees did not have access to potable water on the days of their court hearings.

In February the government applied a six-month moratorium on a compensatory mechanism enacted in January 2019 that allowed detainees to request a reduction of their sentences for poor detention conditions. According to a 2019 National Penitentiary Administration report, over 90 percent of detainees filed requests based on the compensatory mechanism. Courts examined 1,800 requests, reduced sentences by a total of 436,000 days, and released 128 persons from prison. Observers and legal NGOs noted that wealthy and politically connected individuals benefited from this mechanism more often than ordinary prisoners. In December 2019 former prime minister Vlad Filat was released from Penitentiary No. 13 in Chisinau after serving approximately three-and-a-half years of a nine-year sentence after the Chisinau District Court ruled that he had been held in “inhuman and degrading conditions.”

As in previous years, conditions at Penitentiary No.13 in Chisinau were reported the worst in the country. Detainees held there complained of detention in basement cells that did not meet national or international standards. Allegations of inhuman treatment persisted. In multiple cases the ECHR found that detention conditions in Penitentiary No. 13 were contrary to the European Convention on Human Rights. Cells were overcrowded (up to 16 inmates housed in an area measuring 258 square feet), unhygienic, and lacked ventilation, natural light, or permanent access to water for personal hygiene.

In separatist-controlled Transnistria, mistreatment of detainees remained a major problem. The Transnistrian “ombudsman” received 53 complaints from individuals detained in Transnistrian prisons. The Transnistrian “ombudsman” noted a slight decrease of complaints from detainees during the year. The “ombudsman” received four complaints about medical care in the prison system, which the “ombudsman” considered unfounded. According to Promo-LEX reports, detention conditions in Transnistria did not improve during the year, despite a 2019 report from the Transnistrian “ombudsman” indicating that detention conditions had improved. Transnistrian “authorities” continued to deny access for independent evaluation of detention center conditions.

Administration: Internal investigation procedures in the penitentiary system remained weak, and detainees had restricted access to complaint mechanisms. While detainees generally had the right to submit complaints to judicial authorities, they reported censorship and retaliatory punishment by prison personnel or other inmates before or after filing complaints. Prison administrations restricted the inmates’ access to visitors during the COVID-19 pandemic, and most court hearings of pretrial detainees were held online.

The CPT noted a chronic shortage of custodial staff in prisons, which led to a reliance on informal prisoner leaders to keep control over the inmate population, often through violence.

According to the Transnistrian “ombudsman,” there are 1,824 individuals serving prison terms in Transnistrian “department of corrections” institutions as of January 1.

Independent Monitoring: The government permitted some independent monitoring of prison conditions by local and international human rights observers, including the CPT. Prison officials generally allowed observers to interview inmates in private. Prison administrations applied COVID-19 related restrictions on monitoring visits since the start of the pandemic.

Human rights NGOs from both Transnistria and government-controlled areas of the country reported being denied access to Transnistrian prisons by separatist “authorities.” The Organization for Security and Cooperation in Europe (OSCE) was granted extremely limited access to individual prisoners by “authorities” on a case-by-case basis. There were no reports of any independent monitoring of detention facilities in the Transnistrian region. According to the Transnistrian “ombudsman” (an institution which is not independent of the ruling regime), detention conditions slightly improved during 2019. Most pretrial detention cells lacked personal beds for detained individuals and toilet facilities, and was qualified by the Transnistrian “ombudsman” as an “infringement against human dignity.”

Improvements: According to human rights NGOs, the situation in police station detention facilities slightly improved due to renovations. Based on the Ombudsman’s Torture Prevention Division recommendations, some pretrial detention units within police stations ceased operating or underwent repairs in line with minimum detention standards.

The CPT noted improvements of the material conditions at the prisons in Chisinau, Cahul, Taraclia, and several police detention facilities. During the year the National Penitentiary Administration piloted and expanded the use of video conferencing to facilitate inmate participation in court hearings. The country lacks adequate staff for prisoner transport, and increased access to justice via video conferences reduces the physical hardships for inmates to be transferred from prisons to courts, where they must often wait for many hours in difficult conditions.

d. Arbitrary Arrest or Detention

The constitution and 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. Nonetheless, selective justice remained an issue and lawyers complained of instances in which their defendants’ rights to a fair trial were denied.

In Transnistria there were frequent reports of arbitrary arrests and detentions. De facto “authorities” reportedly engaged with impunity in arbitrary arrest and detention. In January in the case Cazac and Surchician vs. Republic of Moldovan and the Russian Federation, the ECHR held Russia responsible for violating provisions of the European Convention on Human Rights including the right to liberty and security, the right to a fair trial, and the right to an effective remedy (see section 1.c.).

The law allows judges to issue arrest warrants based on evidence from prosecutors. Authorities must promptly inform detainees of the reasons for their arrest and describe the charges against them. Authorities may detain suspects without charge for 72 hours.

Once charged, a detainee may be released pending trial. The law provides for bail, but authorities generally did not use it due to a lack of practical mechanisms for implementation. In lieu of confinement, the courts may also impose house arrest or travel restrictions. The Superior Council of Magistrates reported that judges rarely applied alternative arrest measures. The law provides safeguards against arbitrary use of pretrial detention and requires noncustodial alternatives wherever possible. Judges disproportionally used noncustodial alternative detention mechanisms in cases with political implications.

Detainees have the right to a defense attorney. The government required the local bar association to provide representation to indigent defendants, but the government frequently delayed reimbursement of legal fees. Indigent defendants often did not have adequate counsel.

According to the CPT report issued in September, despite the law requiring that suspects be granted access to a lawyer from the moment they are detained, some criminal suspects were only granted access to legal counsel after initial questioning by police.

Arbitrary Arrest: Arbitrary pretrial detention continued to be a problem during the year. In April the Legal Resources Center of Moldova (LRCM) submitted a communication to the ECHR on existing protections and authorities’ efforts to prevent unjustified detention based on the Sarban group of cases that consists of 14 ECHR judgments against the country for various violations of the European Convention on Human Rights, most related to pretrial detention. The LRCM concluded that the high rate of remand and weak justification for remand orders remained a problem. Even though the number of pretrial detention orders (1,864) in 2019 was lower than in previous years, judges did not properly examine remand requests. In 2019 the approval rate for remand requests reached an all-time high–93.5 percent–compared with 88.4 percent in 2018. According to the LRCM, alternative preventive measures (such as home detention and release on recognizance) were used only to a limited extent and the high rate of arbitrary remand was also due to insufficient judicial independence and prosecutorial bias by many investigative judges as well as a high caseload, which impeded a thorough examination of case materials.

In its earlier reports, the ombudsman noted judges continued to order pretrial detention for persons with serious illnesses and the National Penitentiary Administration allowed lengthy pretrial detention of persons with worsening health conditions which in some cases led to death. During the year five persons died in pretrial detention.

In separatist-controlled Transnistria, arbitrary arrests were common throughout the year. On August 31, Moldovan citizen Constantin Mamontov was apprehended by separatist “law enforcement” while transiting the territory and detained illegally for 13 days (see section 1.b.). A Transnistrian “court” in Camenca had previously twice denied warrants to arrest Mamontov requested by Transnistrian “authorities” for an alleged 2015 theft, and the local militia arrested Mamontov for the third time on hooliganism charges. Mamontov escaped and swam across the Nistru River to government-controlled territory after being ordered released for a third time by the “court.” Mamontov was previously abducted from government-controlled territory in 2015 and beaten by Transnistrian local militia. Mamontov’s arrest came two weeks after one of his abusers, militia “officer” Andrei Samonii, was convicted in August by a Moldovan court for kidnapping and torture and sentenced to 15 years in prison. Human rights NGO Promo-LEX believed Mamontov’s arbitrary arrest was intended either as revenge for Samonii’s imprisonment or to facilitate a possible prisoner swap for Samonii.

On October 6, Transnistrian “state security” (“MGB”) abducted a Moldovan police officer, Andrei Amarfi, from his home in Camenca district in separatist-controlled territory. On October 7 and 8, three other Moldovan citizens residing in Camenca–Alexandru Puris, Adrian Glijin, and Stanislav Minzarari–were abducted by the “MGB.” Transnistrian “authorities” later announced espionage and high treason charges against all four. Amarfi was the Moldovan police officer sent in 2015 to retrieve Mamontov and his wife from separatists after they were kidnapped and tortured. Puris, an employee of Moldova’s Public Services Agency, processed Andrei Samonii’s application for a Moldovan passport in January and notified Moldovan police of his presence on government-controlled territory, leading to his arrest. Both Amarfi and Puris testified at Samonii’s kidnapping and torture trial. On October 8, following a telephone call between President Dodon and Transnistrian “leader” Krasnoselsky, separatist “authorities” announced that Amarfi and Puris were released from pretrial arrest but were not permitted to leave the region while charges remained pending. Glijin and Minzarari remained in custody as of November. Separatist “authorities” acknowledged that the arrests were related to Samonii’s conviction and imprisonment and have suggested that the “Camenca Four” could be released if Samonii was returned to separatist-controlled territory.

Pretrial Detention: The law permits pretrial detention for up to 30 days, which the courts may extend, upon the request of prosecutors, in 30-day increments for up to 12 months, depending on the severity of the charges. Pretrial detention lasting from several months to one year was common. In line with the ombudsman’s recommendations, the Prosecutor General’s Office decreed on March 19 that, as a COVID-19 preventative measure, pretrial arrests could only be requested in extreme circumstances. As a result the number of pretrial detainees decreased during the state of emergency and the public health state of emergency that followed.

While the law provides for an independent judiciary, government officials’ failure to respect judicial independence remained a problem. The establishment of an electronic case management system increased transparency in the assignment of judges to cases. Nonetheless, selective justice continued to be a problem, and lawyers complained of violations of defendants’ rights to a fair public trial.

In a September report analyzing ECHR judgments against Moldova since the country joined the European Convention of Human Rights in 1997, the LRCM found that the failure to respect the right to a fair trial was the most frequent human rights violation reported to the court (200 out of 616 human rights violations).

Media representatives and NGOs were concerned about limitations on access to data on the national courts’ information portal developed by the Ministry of Justice’s Agency for Court Administration. Civil society and journalists complained that, because there was no search option, they could not find the names of those involved in court cases, nor could they determine who adjudicated or prosecuted a case. The courts restricted public access to the final judgement issued in a high-profile case involving a former intelligence service head on national security grounds.

The constitution provides for the right to a fair and public trial. Although the law presumes the innocence of defendants in criminal cases, judges’ remarks occasionally jeopardized the presumption of innocence.

Defendants have the right to be informed promptly and in detail of the charges against them, and of their right to a fair and public trial without undue delay. Defendants have the right to a lawyer and to attend proceedings, confront witnesses, and present evidence. The law requires the government to provide an attorney to indigent defendants. The practice of appointing temporary defense lawyers without allowing them to prepare adequately was common and undermined the right to legal assistance. Defendants can request postponement of a hearing if attorneys need additional time for preparation. Interpretation is provided upon request and was generally available. Judges can delay hearings if additional time is needed to find interpreters for certain uncommon languages. Defendants may refuse to provide evidence against themselves, unless they plead guilty and the judge reviews and endorses their guilty plea. The law provides a right to appeal convictions to a higher court on matters of fact and law.

Justice NGOs noted that courts repeatedly delayed hearings without justification in high profile cases. In one example, hearings on a criminal appeal by Ilan Shor, the leader of the Shor Party, a member of parliament, and the mayor of Orhei, were delayed throughout the year.

In Transnistria, “authorities” disregarded fair trial procedures and denied defendants a fair trial. Attorneys in Transnistria reported that “authorities” regularly denied accused individuals the right to an attorney of their choosing and that trials were often held in secret without public announcement of charges.

There were reports of numerous alleged politically motivated criminal cases initiated by the former ruling Democratic Party of Moldova. Many of the cases were initiated against political rivals of the former party leader, Vlad Plahotniuc, and some prosecutors reported being pressured to pursue cases selectively of corruption, money laundering, and fraud against certain individuals, while ignoring or dropping charges against others who were tied to Plahotniuc’s network. Many of those involved in these politically motivated cases saw their cases proceed more quickly than others in the justice system. In addition many of those subjected to pretrial detention were held in Penitentiary No. 13 in Chisinau, which was notorious for its poor conditions and violence between inmates. On October 27, the Prosecutor General’s Office announced it had closed 19 out of 38 alleged politically motivated cases. The Prosecutor General’s Office continued to investigate the remaining 19 cases through the year.

In Transnistria there were reports of several political prisoners held during the year, many of whom were held for exercising their freedom of expression or criticizing the de facto authorities. Oleg Horjan, the leader of the Communist Party and formerly the sole opposition member of the “Supreme Soviet” (“parliament”) of Transnistria, continued to serve a four-and-a-half year sentence in Hlinaia Penitentiary on assault charges and for “insulting” de facto authorities. Human rights lawyers and NGOs have called the charges politically motivated. Horjan’s lawyers and family alleged that he was subject to abuse in detention. Transnistrian “authorities” denied the Moldovan ombudsman access to his place of detention. In early August, Horjan went on a hunger strike to protest restrictions by the Hlinaia penitentiary administration, including solitary confinement and denial of visits, mail or other outside communications, and reading materials. He was reportedly hospitalized in the prison infirmary on September 10 after his health had rapidly deteriorated and then moved to the Tiraspol Veteran’s Hospital on September 15 in serious condition. Horjan was returned to prison after ending his hunger strike on September 23.

Tatiana Belova and her spouse, Serghei Mirovici, were arrested in August 2019 for insulting Transnistrian “leader” Vadim Krasnoselsky on social media. Transnistrian “authorities” kept Belova and Mirovici’s arrest, pretrial detention, and trial secret. In March, Belova and Mirovici were sentenced to three years in prison in a closed trial without a defense attorney. On July 14, Belova was released following “an admission of guilt,” request for clemency, and promise to refrain from all political activity. Human rights activists asserted that the actions were coerced. Mirovoci remained imprisoned and was reportedly on a hunger strike as of September 10.

The law allows citizens to seek damages in civil courts for human rights violations. Under the constitution, the government is liable when authorities violate a person’s rights by administrative means, fail to reply in a timely manner to an application for relief, or commit misconduct during a prosecution. Judgments awarded in such cases were often small and not enforced. Once all domestic avenues for legal remedy are exhausted, individuals may appeal cases involving the government’s alleged violation of rights provided under the European Convention on Human Rights to the ECHR. Citizens who have exhausted all available domestic remedies may also submit a written communication to the UN Human Rights Committee. As of July there were 1,096 applications filing complaints against the state pending before the ECHR.

While the government declared a zero-tolerance policy toward torture, alleged victims of torture frequently lacked access to effective civil judicial remedies, especially in cases involving mistreatment in penal institutions.

A mediation law establishes an alternative mechanism for voluntarily resolving civil and criminal cases and sets forth rules for professional mediators. Under the law, a nine-member mediation council selected by the Minister of Justice coordinates the mediators’ activity.

The country has endorsed the Terezin Declaration and the Guidelines and Best Practices. Although the law provides for restitution of private property confiscated during the “totalitarian regimes which controlled Moldovan territory between 1917 and 1992 and for citizens who were subject to reprisals based on political, national, religious, or social grounds,” it does not apply to communal or religious property confiscated from minority groups. The law specifically refers to private property restoration for victims of the Soviet regime. The government has enacted no laws concerning restitution of communal property nor made progress on resolution of Holocaust-era claims, including for foreign citizens.

A 2010 report published by the United States Commission for the Preservation of America’s Heritage Abroad catalogued 100 Jewish communal properties in Moldova, including cemeteries, monuments, houses, hospitals, colleges, and other buildings, most of which are not owned or controlled by the country’s Jewish community. While a few properties, such as the Hay Synagogue in Chisinau and the Cahul Synagogue in Cahul, have been returned to the Jewish community by the state, in most cases Jewish organizations have had to purchase or lease communal and religious properties from the government in order to regain possession. Purchased properties include the Wooden (or Lemnaria) Synagogue and the Rabbi Tsirelson Synagogue and Yeshiva, both in Chisinau.

The Moldovan Orthodox Church (MOC), subordinate to the Russian Orthodox Church, and the Bessarabian Orthodox Church (BOC), under the Romanian Orthodox Church, were engaged in litigation over control of approximately 718 churches, monasteries, and monuments designated by the government as national heritage assets, most of which are controlled by the MOC under a 2007 agreement between the church and the government. The BOC also sued the government to annul the 2007 agreement.

The Roman Catholic Diocese of Chisinau has submitted a case to the ECHR seeking restitution for a Catholic school property seized by Soviet authorities which is now part of the Moldovan Presidency Building complex. The Catholic Diocese of Chisinau and the government agreed to seek an amicable settlement to the ECHR case but have not reached an agreement on the transfer of an alternative state-owned property to the diocese as restitution.

The country’s Lutheran community has repeatedly petitioned the government for compensatory state-owned land as restitution for the former site of Saint Nicholas Lutheran Church in central Chisinau. The church was seized by Soviet authorities in 1944 and demolished in 1962. The Presidency Building now occupies the former site of the church.

For more information regarding Holocaust-era property restitution and related issues, please see that Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released publicly on July 29, 2020 at https://www.state.gov/reports/just-act-report-to-congress.

The constitution prohibits arbitrary interference with privacy, family, home or correspondence unless necessary to ensure state security, economic welfare or public order, or to prevent crimes. Government agents often failed to respect these prohibitions. Wiretap and surveillance practices continued during the year, although reportedly with fewer cases of politically motivated surveillance operations than during the Democratic Party of Moldova-led government.

Reports of illegal wiretaps of the telephones of political leaders; surveillance; threats against family members; and intimidation against regional representatives of ruling and opposition parties continued during the year and intensified closer to the November 1 presidential elections. In September 2019 the interim prosecutor general announced the initiation of criminal cases against four Interior Ministry employees, three prosecutors, and four judges by the Anticorruption Prosecutor’s Office for wiretapping of politicians, civil society activists, and journalists between 2017 and 2019. The investigations continued as of year’s end. In July a group of five persons who were under surveillance in 2019, including two civil society leaders, a member of an opposition political party, and two journalists, sent a complaint to the ECHR alleging illegal wiretapping and surveillance by authorities in 2019. Opposition parties reported the unsanctioned use of personal data of citizens abroad during the preliminary registration of voters for the November 1 presidential elections.

There were no reports that the government or its agents committed arbitrary or unlawful killings. The Inspection Generale des Services de Police of the Ministry of Interior is responsible for investigating whether any killings carried out by security forces were justifiable.

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

The constitution and law prohibit such practices, and there were no reports that government officials employed them. Impunity was not a significant problem in the security forces.

Prison and Detention Center Conditions

There were no significant reports regarding prison or detention center conditions that raised human rights concerns. Authorities usually sent noncitizens sentenced to long prison terms to France to serve their terms.

Physical Conditions: There were no major concerns in prisons and detention centers regarding physical conditions or inmate abuse.

Administration: Authorities conducted proper investigations of credible allegations of mistreatment.

Independent Monitoring: The government permitted monitoring by independent nongovernmental observers such as regularly scheduled visits by the Council of Europe’s Committee for the Prevention of Torture.

d. Arbitrary Arrest or Detention

The constitution and 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. The government generally observed these requirements.

Arrest warrants are required. A detainee must appear before an investigating magistrate within 24 hours of arrest to be informed of the charges against him and of his rights under the law, and authorities generally respected this requirement. There is a functioning bail system. Authorities released most detainees without bail, but the investigating magistrate may order detention on grounds that the suspect might flee or interfere with the investigation of the case. Detainees generally had prompt access to a lawyer, and the government provided one to indigent defendants. The investigating magistrate may extend indefinitely the initial two-month detention period in additional two-month increments. The investigating magistrate customarily permitted family members to see detainees.

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

The law provides for the right to a fair trial, and an independent judiciary generally enforced this right. Defendants enjoy a presumption of innocence and are generally informed promptly and in detail of the charges against them. Except for cases involving minors, trials are conducted in public, usually before a judge or tribunal of judges. Defendants have a right to be present at their trial. Defendants have the right to consult with an attorney in a timely manner. An attorney is provided at public expense, if needed, when defendants face serious criminal charges. Defendants and their counsel have adequate time and facilities to prepare a defense and have access to free interpretation if necessary. Defendants are able to question the testimony of prosecution or plaintiff witnesses against them and present witnesses and evidence in their defense. They may not be compelled to testify or confess guilt. Defendants have a right to appeal.

Due to the COVID-19 pandemic, there were delays in judicial matters. The court was closed to the public from mid-March to May 4. As of September 1, all hearings had been postponed except those related to emergencies. Some sentences were suspended and scheduled to be carried out later in the year.

There were no reports of political prisoners or detainees.

The country has an independent and impartial judiciary in civil matters, and residents have access to a court to bring lawsuits seeking damages for, or cessation of, human rights violations. Plaintiffs regularly used available administrative remedies to seek redress for alleged wrongs. Persons may appeal court decisions involving alleged violations of the European Convention on Human Rights to the European Court of Human Rights after they exhaust all avenues of appeal in national courts.

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

There were no reports the government or its agents committed arbitrary or unlawful killings. Responsibility for investigating allegations of killings by security forces is assigned to either local police or the Independent Authority against Corruption (IAAC), with the IAAC generally responsible for crimes committed while on duty.

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

The law prohibits such practices. Nevertheless, the National Human Rights Commission (NHRC) and other nongovernmental organizations (NGOs) reported some prisoners and detainees were subjected to unnecessary force and cruel, inhuman, or degrading treatment or punishment, particularly to obtain confessions.

Responsibility for investigating allegations of torture and abuse is assigned to either local police or the Independent Authority against Corruption (IAAC), with the IAAC generally responsible for crimes committed while on duty. The prosecutor’s office oversees such investigations.

In July the Tuv provincial court convicted the former head of the General Intelligence Agency, the former deputy prosecutor general, and seven other officials of the 2017 torture of suspects convicted of murder in connection with the 1998 assassination of Zorig Sanjaasuren, a leader of the country’s democratic revolution. The defendants received prison sentences ranging from one to three years.

The NHRC, NGOs, and defense attorneys reported that in an attempt to coerce or intimidate detainees, authorities sometimes threatened detainees’ families, transferred detainees repeatedly, or placed them in detention centers far from their homes and families, making access to legal counsel and visits by family members difficult. Human rights NGOs and attorneys reported obstacles to gathering evidence of torture or abuse. For example, although many prisons and detention facilities had cameras for monitoring prisoner interrogations, authorities often reported the equipment was inoperable at the time of reported abuses.

Under the criminal code, all public officials are subject to prosecution for abuse or torture, including both physical and psychological abuse. The maximum punishment for torture is a five-year prison sentence, or life in prison if the victim dies as a result of torture. Although officials are liable for intentional infliction of severe bodily injury, prosecutions of this crime were rare. The law states that prohibited acts do not constitute a crime when committed in accordance with an order given by a superior in the course of official duties and without knowledge the act was prohibited. A person who knowingly enforces an illegal order is considered an accomplice to the crime. The law provides that the person who gives an illegal order is criminally liable for the harm caused, but prosecutions were rare. According to the NHRC, prosecutors, and judges, the law effectively provides immunity to officials allegedly engaged in coercing confessions at the behest of investigators or prosecutors. The NHRC also indicated authorities sometimes abandoned complaints of alleged psychological torture either for lack of evidence or because the degree of injury could not be determined.

January 10 amendments to the criminal procedure law set out the legal requirements for victim compensation in torture cases and for the first time include emotional distress as a valid claim under the civil law. Courts, however, tended to compensate only for demonstrable physical injuries.

As of September 1, the NPA reported investigating eight complaints of rape by law enforcement officials, among them a police officer and a GEACD officer.

In January news emerged of a December 2019 case in which two police officers received three-year prison sentences after being convicted of the rape of minors. The sentences were inconsistent with applicable law, which mandates a sentence of eight to 15 years in prison if certain aggravating factors exist. Two of these factors–coercion and assault of underage victims and causing an underage victim to become pregnant–were present in this case.

Impunity was not a significant problem in the security forces. The NHRC, lawyers, human rights activists, and NGOs continued to raise concerns regarding impunity for law enforcement officials and demanded the re-establishment of a special investigation unit under the Prosecutor General’s Office that had been dissolved in 2014. They noted that investigations of criminal acts committed by security forces and law enforcement personnel were frequently handled internally, with the most serious penalty being termination of employment rather than criminal conviction. On January 23, parliament passed a law establishing a commissioner in charge of torture prevention, with the authority to make unannounced inspections of places of detention and interrogation. The NHRC, however, reported it was unable to support meaningfully the new commissioner due to lack of funding.

In a September report, Amnesty International concluded that the government failed to ensure that all victims of torture and other abuse had access to effective remedies and redress.

Prison and Detention Center Conditions

Conditions in prisons (which hold convicted criminals), arrest centers (which hold petty offenders), and pretrial detention centers (for those awaiting trial) were sometimes harsh due to lack of investment in the prison system; inadequate health care, sanitation, and food; poor infrastructure; and lack of security and control.

Physical Conditions: Authorities assigned male prisoners a security level based on the severity of their crimes and held them in a prison of the corresponding security level. There was only one prison for women, with separate facilities for different security levels, as well as a facility for female prisoners with infant children. Authorities held pretrial detainees in separate facilities from convicted prisoners.

The 21 prisons and 29 pretrial detention centers were generally not overcrowded, although there were reports of overcrowding in two arrest centers. NGOs and government officials reported that in the five older pretrial detention centers in rural areas, insufficient medical care, clothing, bedding, food, potable water, heating, lighting, ventilation, sanitary facilities, and accommodations for persons with disabilities were often problems. Conditions in police-operated alcohol detoxification centers were poor.

The GEACD reported three deaths in prisons and one in pretrial detention facilities as of September 28. According to the GEACD, 13 prisoners had contracted tuberculosis as of September 28. Correctional officials routinely released terminally ill patients shortly before death, which NGOs alleged led to misleadingly low prisoner death statistics.

Administration: The Prosecutor General’s Office monitors conditions in prisons, arrest centers, and detention centers; it and the NHRC conducted multiple scheduled, surprise, and complaint-based inspections of prisons, pretrial detention centers, arrest centers, and police-run detoxification centers.

Independent Monitoring: The government allowed access by independent nongovernmental observers and the NHRC, but authorities sometimes limited the areas observers could visit.

Improvements: The GEACD opened a new arrest center in February to address overcrowding issues. It also repurposed the former prison for juveniles into a rehabilitation facility for juvenile offenders.

d. Arbitrary Arrest or Detention

The law provides that no person shall be arrested, detained, or deprived of liberty except by specified procedures and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. Government agencies generally observed these requirements. The General Intelligence Agency sometimes detained suspects for questioning without charge, but the criminal code requires that a prosecutor supervise all detentions.

Several current or former high-level government officials and influential businesspersons, including six candidates or would-be candidates and one sitting member of parliament, were detained, tried, or convicted in the weeks surrounding June 24 parliamentary elections, in most cases on abuse of power, corruption charges, or both. Some of these defendants claimed the timing of their detention and prosecution–in some cases coming years after the completion of the corresponding IAAC investigation–indicated they were being politically targeted, as it prevented them from registering as candidates, mounting a campaign, and assuming their seat in parliament (if elected). They cited relevant provisions of the law granting immunity to incumbent parliamentarians and credentialed candidates. Some commentators noted that several of these defendants were known political rivals of senior government officials.

An evidence-based, prosecutor-approved warrant is generally required to arrest a suspect on criminal grounds. Within 24 hours of an arrest, a prosecutor must present a request stating the grounds and reasons for the arrest to a judge, who must decide within 48 hours whether to prolong the detention or release the suspect. The arresting authority must notify a suspect’s family within six hours of an arrest. A “pressing circumstances” exception in the law allows police to arrest suspects without a warrant. Examples of exceptions include murder or grave bodily injury, serious property damage, hot pursuit of a fleeing suspect, and suspicion that destruction of evidence would occur. In such cases a prosecutor must approve the arrest within 24 hours, and a judge must approve the arrest within the normal 48-hour period. If 72 hours pass after an arrest and a judge has not made a decision, police must release the suspect. Upon release, authorities must inform the suspect of the reasons for the arrest and detention.

A January 10 amendment to the criminal procedure law introduced the possibility of bail, tying the amount to be charged to the severity of the crime and the personal situation of the defendant. Although procedures governing the collection of bail had yet to be adopted, bail was assessed in several cases, most notably in the prosecution of several high-profile defendants, including some candidates, in the lead-up to and during parliamentary elections. Attorneys for some of the defendants criticized the courts’ imposition of what they viewed as arbitrary and in some cases exceedingly steep bail amounts in the absence of regulatory guidance on the setting of such fees.

Authorities generally charged and informed detainees of the charges promptly and advised them of their right to counsel. Maximum pretrial detention with a court order is 18 months. Detainees generally had prompt access to family members, although repeated transfers or detention in remote locations undermined this right.

A detainee has the right to an attorney during pretrial detention and all subsequent stages of the legal process, including after sentencing. If a defendant does not engage an attorney, the government must appoint one if the defendant has a physical or mental disability that would hinder self-defense, is a minor, is not proficient in the Mongolian language, or has a conflict of interest with the defense counsel or other defendants. The law allows the government to provide a lawyer upon request for an indigent defendant. Detainees were generally aware of their right to legal counsel, but misperceptions limited their use of this right. For example, detainees were frequently unaware they could exercise this right from the start of the legal process and frequently did not assert it unless and until their cases reached trial.

Arbitrary Arrest: The NHRC had received 70 complaints of illegal arrest, arbitrary detention, and extended imprisonment as of October 7, of which six complaints of illegal arrest and 14 complaints of arbitrary detention were referred for prosecution. It reported that when conducting investigations, investigative agencies occasionally detained suspects without judicial authorization, sometimes secretly, and police employed such practices despite the availability of other methods of restraint, including bail, another person’s personal guarantee, and military surveillance. The personal guarantee system allows relatives to vouch for an accused family member.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: At least two of the candidates and would-be candidates detained in the run-up to the parliamentary elections complained they had been denied the opportunity to appeal the lawfulness of their detention.

The constitution and law provide for an independent judiciary, but NGOs and private businesses reported that judicial corruption and third-party influence continued. Courts rarely entered not guilty verdicts or dismissed criminal charges over the objection of prosecutors, even when full trials had produced no substantial evidence of guilt. Courts often returned criminal cases to prosecutors when acquittal appeared more appropriate. Consequently, some serious criminal cases cycled for years between prosecutors and the courts without resolution.

There were serious concerns regarding the independence of the judiciary following March 2019 changes to laws on the judicial system. Those changes gave the National Security Council, which comprises the president, prime minister, and speaker of the parliament, the authority to recommend: the suspension of judges, subject to the approval of the Judicial General Council; the dismissal of the prosecutor and deputy prosecutor general; and the dismissal of IAAC officials, subject to approval of the parliament. Six of 17 judges suspended in 2019 under the changes were reinstated during the year; the others remained under investigation. Despite a Supreme Court ruling that two of the suspended judges were not guilty, the two had not been reinstated as of December.

The Judicial General Council and court administrators stated courtrooms were inadequate and outdated and that insufficient funding affected court operations. Nearly 200 judgeships were vacant due to lack of funding.

The law requires all trials to be open to the public and the press, with the exception of cases involving state secrets, underage defendants, or underage victims. In several cases, however, courts rejected defendants’ requests to open their trials to the public and media, citing lack of space, COVID-19-related social distancing requirements, or both. In such cases the courts generally allowed selected representatives of the press to attend the opening and closing sessions of the trial.

The law provides for the right to a fair and public trial without undue delay, and the judiciary generally enforced this right.

Defendants are presumed innocent and have the right to be informed of the charges against them and to a fair, timely, and public trial. Courts provide free interpretation services as needed, including sign language interpretation, unless a court decides to recover procedural expenses from a defendant found guilty. The law also extends to all defendants the right to be present at their own trial in the court of first instance (but not during appeals); to communicate with an attorney of their choice (or one provided at public expense); to receive adequate time and facilities to prepare a defense; to confront witnesses; to present one’s own witnesses and evidence; not to be compelled to testify or confess guilt; and to appeal. NGOs and observers reported that authorities sometimes did not observe these rights and that nepotism, bribery of judges, prosecutors, and expert witnesses, of both sometimes contributed to unwarranted convictions, dismissals, or reductions of sentences.

Procedural due process errors and inconsistencies often affected trials. Although the number of government-provided defense lawyers was adequate given the limited circumstances in which they are provided, their quality and experience were inconsistent, and many defendants lacked adequate legal representation. Judges often relied on confessions with little corroborating evidence. Furthermore, NGOs reported witness intimidation by government authorities and police, a lack of transparency in courts’ decision-making processes, and a low level of awareness regarding new criminal and procedural laws.

There were no reports of political prisoners or detainees.

Administrative and judicial remedies are available for alleged human rights violations. The government sometimes failed to enforce court orders pertaining to human rights.

According to NGOs, seminomadic herders reported some private and government-owned mining interests interfered with their access to traditional pasturelands. Some herders reported they were forced to relocate after their customary access to pastureland and water resources was blocked by mining and farming companies.

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

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

Oversight over police is provided by the parliament, a civil control council, and an internal control unit within the Ministry of Internal Affairs. Parliamentary oversight in the area of security and defense is conducted through the Committee for Defense and Security, which conducts hearings and audits the activities and budget of entities responsible for security and defense, including police, as well as deliberating draft laws and amendments touching on the security sector. The Council for Civilian Control of Police Operations assesses the use of police powers regarding the protection of human rights and freedoms and provides reviews and recommendations to the minister of interior for action. A Ministry of Interior unit conducts assessments of the legality of police work, particularly in terms of respecting and protecting human rights when executing police tasks and exercising police powers. The Office of the Protector of Human Rights and Freedoms (Ombudsman’s Office) also has oversight authority over police. It can investigate claims submitted either by the public or on its own initiative for suspected violations of human rights or other illegalities in the actions of police.

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

While the constitution and law prohibit such practices, there were reports alleging that police tortured suspects and that beatings occurred in prisons and detention centers across the country. The government prosecuted some police officers and prison guards accused of overstepping their authority, but there were delays in the court proceedings. Nongovernmental organizations (NGOs) noted that several police officers found to be responsible for violating the rules of their service, including cases of excessive use of force, remained on duty.

On July 14, the NGO Human Rights Action (HRA) issued a public call for authorities to investigate “urgently, thoroughly, and impartially” allegations that police tortured three individuals suspected of being connected with the 2015 bomb attacks on the Grand Cafe and the house of former National Security Agency officer and current police officer Dusko Golubovic in late May and early June. All three individuals submitted separate reports to the Basic State Prosecution Office in Podgorica containing identical allegations of police torture by application of electroshock devices to their genitals and thighs, brutal beatings using boxing gloves and baseball bats, and other cruel methods, such as threatening to kill them and playing loud music to drown out their screams during the interrogation to extract their confessions.

The three individuals were Jovan Grujicic, the main suspect in the bombings; Benjamin Mugosa, who was initially accused of participation in the attacks, although the charges were subsequently dropped when it was revealed that he was in prison at the time of the bombings; and MB, an alleged witness who was said to have testified that Mugosa and Grujicic executed the attacks before the charges were dropped against Mugosa. The HRA claimed that the accusations of torture were not based solely on the descriptions provided by the three individuals but also on photographs of MB’s injuries, which were published by the media outlets Vijesti and Dan.

The European Commission and several foreign governments quickly issued statements urging the authorities to carry out, without delay, a comprehensive, transparent, and effective investigation into the torture allegations in accordance with international and European standards. Media outlets and NGOs also cited the findings from a 2017 visit by the Council of Europe’s Committee for the Prevention of Torture (CPT), which noted allegations of police mistreatment, including “punches, slaps, kicks, baton blows, and strikes with nonstandard objects, and the infliction of electrical shocks from hand-held electrical discharge devices.” Most abuses were alleged to have occurred either at the time of apprehension or during the preinvestigation phase of detention for the purpose of extracting confessions.

While the Basic State Prosecutor’s Office stated that police acted in accordance with the law, an investigation is ongoing. The HRA questioned why prosecutors ordered forensic medical examination of bodily injuries immediately upon a receipt of the reports of the two persons claiming torture but did not order a similar timely investigation upon receipt of the report from Grujicic. The HRA released a public letter to Supreme State Prosecutor Ivica Stankovic, asking him to check whether and when a forensic medical examination of Grujicic was ordered and to request that Grujicic be allowed to continue receiving psychiatric treatment and medicine that had been suspended as a result of his arrest.

The HRA did not receive any response to its requests to prosecutors for updates on the case on behalf of Grujicic’s family. In August the HRA submitted a request for the UN special rapporteur on torture, Nils Melzer, to investigate the allegations of torture and had not received a response by year’s end. The Ombudsman’s Office’s investigation into the allegations was ongoing at year’s end. In early November the Basic Court in Podgorica issued a verdict acquitting Grujicic of the charges of bombing the Grand Cafe and Golubovic’s house.

Impunity remained a problem in the security forces, particularly among the police and prison officers. Domestic NGOs cited corruption; lack of transparency; a lack of capacity by oversight bodies to conduct investigations into allegations of excessive force and misuse of authority in an objective and timely manner; and the ruling political parties’ influence over prosecutors and officials within the Police Administration and the Ministry of Interior as factors contributing to impunity. Despite the existence of multiple, independent oversight bodies over police within the Ministry of Interior, parliament, and civil society, NGOs and the Council for Civilian Control of Police Operations noted a pervasive unwillingness of police officers to admit violations of human rights or misuse of authority committed by themselves or their colleagues. To increase respect for human rights by the security forces, authorities offered numerous training sessions on this subject, often in conjunction with international partners, as well as working group meetings dedicated to the promotion and protection of human rights in the country.

According to domestic NGOs, authorities made little progress in addressing the problem of police mistreatment and other shortcomings in the Internal Control Department of the Ministry of the Interior. They cited a lack of strict competitive recruitment criteria and training for police officers; the absence of effective oversight by the Internal Control Department; and the need for prosecutors to conduct more thorough and expeditious investigations into cases of alleged mistreatment by police officers as areas where there were continuing problems. The NGOs also noted there was an ongoing need for prosecutors to carry out timely investigations.

In September the HRA condemned the decision of the High Court in Podgorica to grant suspended sentences to 10 prison officers convicted of torturing and inflicting grievous bodily harm on 11 prison inmates in 2015. The court justified the suspended sentences on the grounds of the lack of prior convictions of the offenders, family circumstances, socioeconomic status (e.g., lack of property ownership), and the fact that the victims did not join the criminal prosecution. The HRA expressed frustration that none of the guards lost their jobs with the Ministry of Justice’s Bureau for the Enforcement of Criminal Sanctions, contrary to the Labor Law and international standards, and noted that the responsibility of the officers’ supervisors, whose presence in the prison at the time of the incident was captured in video, was never seriously investigated. According to the HRA, the suspended sentences promoted impunity for human rights offenses and encouraged the continued use of torture in prisons and by police. The decision also was at odds with international standards established by the UN Committee against Torture and the CPT.

Prison and Detention Center Conditions

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

Physical Conditions: There were some poor conditions in prisons and pretrial detention facilities due to overcrowding and access to medical care. In the report issued following its 2017 visit to Montenegro, the CPT noted problematic levels of prison overcrowding, i.e., less than three square meters (32.3 square feet) of space per inmate in multiple-occupancy cells in certain sections and remand prisoners confined to their cells for 23 hours a day without being offered activities for months or even years on end. The CPT noted that material condition in police stations it visited were not suitable for detaining persons for up to 72 hours due to structural deficiencies such as poor access to natural light, inadequate ventilation, poor conditions of hygiene, and irregular provision of food.

NGOs reported that detainees who were addicted to drugs, had mental disabilities, or had other disabilities continued to face difficulties in obtaining adequate treatment while detained. The CPT also noted the level of serious interprisoner violence was a long-standing and persistent problem at the remand prison and the Institute for Sentenced Prisoners. In May there were reports that one prisoner was stabbed by another prisoner. Also during the year, there were reports of cases of violence in the country’s primary prison attributed to the long-standing “war” between the country’s two main organized criminal groups, which prison authorities managed by taking preventive measures, such as providing separate accommodations and preventing mutual contact of persons who are members of opposing criminal groups as well as other operational and tactical measures and actions, such as providing close personal supervision of persons and conducting random periodic searches of their persons and accommodations. There were widespread reports that prison employees cooperated with members of the organized criminal groups, including one in prison. Some such employees were prosecuted by the authorities. During the year the Directorate for the Execution of Criminal Sanctions, in cooperation with security sector agencies, conducted two investigations of two directorate officials suspected of cooperating with members of organized criminal groups. In one proceeding, the directorate official was exonerated, while in another procedure an indictment was filed against the directorate official due to a well founded suspicion that he committed the crime.

During a May 13 inspection of the security center in Niksic following the detention of Bishop Joanikije of the Serbian Orthodox Church of Montenegro and eight priests (see section 1.d.), the Council for Civilian Control of Police Operations noted poor conditions in the pretrial detention rooms. In addition to lacking water and being equipped with damaged and dirty mattresses, overcrowding was a problem, as there were only seven beds for the nine detainees. In other inspections of the security centers in Podgorica and Niksic, the council noted similar problems with overcrowding and a lack of capacity to provide basic services to detainees.

Podgorica Prison was not fully accessible to persons with disabilities.

Administration: Authorities conducted proper investigations of credible allegations of mistreatment, but they usually did so only in reaction to media campaigns or upon the ombudsman’s recommendation. Results of investigations were generally made available to the public.

Independent Monitoring: The government permitted visits to prisons by independent nongovernmental observers, including human rights groups and media, and international bodies such as the CPT. Even when monitors visited on short notice, prison authorities allowed them to speak with the prisoners without the presence of a guard. The Ministry of Justice’s Directorate for the Execution of Criminal Sanctions noted positive working relationships with NGOs, including those who were critical of the organization.

Improvements: Improvements in the physical facilities, staffing levels, and training for guards continued throughout the year. Overcrowding in Podgorica’s temporary detention prison continued to diminish and was expected to improve further upon completion of new facilities. The government also announced that the new prison facility would be constructed in Mojkovac and would be suitable for 250 prisoners. The Bureau for the Execution of Criminal Sanctions provided health services to inmates to mitigate the spread of COVID-19. As of August, media outlets reported five cases of COVID-19 among prisoners in the facility at Spuz. It also touted new programs designed to focus on rehabilitation and providing inmates with skills to increase employment prospects upon release, including apprenticeship programs to cultivate farming skills.

In June parliament passed an amnesty law aimed at relieving the problem of overcrowding in the prison system and ensuring the safety of prisoners threatened by the COVID-19 pandemic. The law provides for a 15 percent reduction in prison sentences and a 10 percent reduction of sentences for those who have not yet begun serving their sentences. The amnesty does not apply to the most serious crimes, including war crimes against civilians, terrorism, human trafficking, rape, money laundering, criminal association, the creation of a criminal organization, abuse of a minor, and domestic violence. The NGO Civic Alliance described the amnesty law as positive and legally sound but noted that the law’s objectives could have been achieved through other mechanisms, such as house arrest, deferred prosecutions, or better application of alternative sanctions.

d. Arbitrary Arrest or Detention

The constitution and 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. The government usually observed these requirements. Detainees have a right to be compensated in cases of unfounded detention and the government generally follows these requirements.

Arrests require a judicial ruling or a “reasonable suspicion by the police that the suspect committed an offense.” Police generally made arrests using warrants issued by judges and based on sufficient evidence. Police and prosecutors may detain suspects for up to 72 hours before bringing them before a judge and charging them. Although the law prohibits excessive delay in filing formal charges against suspects and in conducting investigations, delays sometimes occurred. At arraignment, judges make an initial determination about the legality of the detention, and arraignment usually occurred within the prescribed period.

Courts increasingly used bail. Judges can also release defendants without bail and limit their movements, impose reporting requirements on them, or retain their passports or other documents to prevent flight. The law permits a detainee to have an attorney present during police questioning and court proceedings, and detainees generally had prompt access to a lawyer. Although legal assistance is required to be available for persons in need, financial constraints sometimes limited the quality and availability of assistance. Authorities must immediately inform the detainee’s family, common-law partner, or responsible social institution of an arrest, and they usually did so.

During June protests, police sometimes used excessive force when detaining protesters. The opposition condemned “police brutality” and asserted the country was moving from “an autocracy to a violent dictatorship.” The Council for Civilian Control of Police Operations requested police leaders to identify and sanction officers shown in social media videos kicking individuals in custody and lying on the ground, adding that “legitimate police interventions must not be compromised by the disproportionate use of force.” The NGO MANS declared that events in Budva and other cities represented flagrant, brutal violence of police against the country’s citizens. It described videos of police officers kicking and beating persons who were restrained and helpless as appalling evidence of the government’s brutal political abuse of captive institutions. Representatives of several foreign governments and the EU called on all sides to avoid escalation and further acts of violence, engage in constructive dialogue, and investigate allegations of disproportionate use of force.

Arbitrary Arrest: Police continued to summon witnesses and suspects to police stations for “informational talks” and often used this practice to curb hooliganism during soccer matches or to reduce participation in opposition political rallies. This practice generally did not involve holding suspects longer than the six hours allowed by law, nor did it typically result in charges.

NGOs and the Ombudsman’s Office noted that authorities engaged in a broad pattern of selective arrests in enforcing the Ministry of Health’s measures to prevent the spread of COVID-19. On May 12, Archbishop Joanikije and eight other Serbian Orthodox Church priests were detained for their role in organizing a procession with several thousand worshipers in Niksic in commemoration of a religious feast day, despite the government’s ban on public gatherings. Tensions rose after the clergymen were taken to the Niksic police station to give statements, as several hundred protesters gathered in front of the station and insulted police late into the night, finally dispersing after police threated to use tear gas.

The National Coordination Body for Communicable Diseases (NCB) demanded that the Supreme State Prosecutor take immediate and decisive action against the organizers of the procession in Niksic, warning that the illegal gathering could jeopardize all the previous achievements of the fight against COVID-19. In his public address, Acting Supreme State Prosecutor Ivica Stankovic stressed that all those responsible would be held to account, adding that violations of the infectious disease-related regulations could reach as high as 12 years in prison. Despite these statements, no demonstration-related arrests lasted more than two weeks.

The Episcopal Council of the Serbian Orthodox Church requested that authorities release the detained priests, accusing the authorities and police of “politically and ideologically persecuting the Church.” The Episcopal Council also warned and called on all political leaders to restrain from any party or political abuses of the Church. At the same time, pro-Serbian opposition parties joined the Serbian Orthodox Church in separate press releases to condemn the arrests and to urge the authorities to release the detained clergymen immediately. Several civil society political analysts also questioned authorities’ decision to detain the clergymen, noting that detentions should be the last measure taken.

At approximately midnight on May 15, upon the expiration of the maximum 72-hour detention period permitted under the law, the Basic Prosecutor’s Office in Niksic released Archbishop Joanikije and the eight other priests. The head of the Basic Prosecutor’s Office, Stevo Sekaric, stated in a press conference that an indictment proposal had been filed against the priests for violating the government’s COVID-19 preventative measures, for which a fine or up to one-year imprisonment were reportedly prescribed.

The following week, police took no action to detain or arrest anyone participating in large, public Independence Day celebrations on May 21, despite an abundance of video and photographic evidence that people were not respecting the NCB’s ban on public gatherings. Political parties formerly in the opposition accused police and prosecutors of engaging in selective justice and of being extensions of the former ruling Democratic Party of Socialists (DPS). The Council for Civilian Control of Police Operations asked the director of the Police Administration, Veselin Veljovic, to provide it with detailed information about arrests and prosecutions for violations of the ban on public gatherings.

According to the Serbian Orthodox Church, more than 100 other clergymen across the country were called in for questioning, arrested, or fined for violating the COVID-19 preventative health measures. Among these clergymen was Metropolitan Amfilohije of Montenegro and the Littoral, who was called in for questioning on multiple occasions between April and June. During the June questioning, the 82-year-old metropolitan was held in custody for six hours even though the prosecutor had authorized his release after two hours.

The HRA and the NGO Institute Alternativa highlighted the disparity of responses and called on the government to either harmonize its actions and treat participants of different public assemblies equally or end the ban on public assemblies outright. NGOs highlighted, as examples of selective application of the law, the differing reaction of police to motorcade demonstrations by citizens driving from Tivat to Budva on May 13 in support of the Serbian Orthodox Church and to motorists participating in Independence Day celebrations organized by the government on May 21. In both cases, groups of citizens drove around, honking their horns and randomly flashing their lights to draw attention to their vehicles. According to the NGOs, police called in 25 persons who participated in the May 13 motorcade for interviews and fined 14 for violating traffic safety laws, while police did not question or fine any of the participants in the May 21 motorcades.

Pretrial Detention: Courts frequently ordered the detention of criminal defendants pending trial. The law sets the initial length of pretrial detention at 30 days but permits prosecutors to increase it by five months. When combined with extensions granted by trial judges, authorities could potentially detain a defendant legally for up to three years from arrest through completion of the trial or sentencing. The average detention lasted between 90 and 120 days. The length of pretrial detention was usually shorter than the maximum sentence for the alleged crime. Authorities stated that pretrial detainees on average accounted for 30 percent of the prison population. Police often relied on prolonged pretrial detention as an aid to investigate crimes. The backlog of criminal cases in the courts also contributed to prolonged detention. The courts continued to reduce this backlog gradually.

The constitution and law provide for an independent judiciary. While the government expressed support for judicial independence and impartiality, some NGOs, international organizations, and legal experts asserted that political pressure, corruption, and nepotism influenced prosecutors and judges. The process of appointing judges and prosecutors remained somewhat politicized, although the constitution and law provide for a prosecutorial council to select prosecutors and a judicial council to select judges.

In February the Council of Europe’s Group of States against Corruption (GRECO) described as “alarming” the lack of progress on the composition and independence of the Judicial Council, the body charged with upholding the independence and autonomy of courts. GRECO was particularly concerned by the ex officio participation of the minister of justice on the Judicial Council and the council’s decision to reappoint five court presidents for at least a third term, which was not in line with its previous recommendations. While some progress was made in providing the public with information concerning disciplinary proceedings against prosecutors, the anticorruption monitoring body criticized the lack of similar progress in reviewing the disciplinary framework for judges.

Inadequate funding and a lack of organization continued to hamper the effectiveness of the courts. The law provides for plea bargaining, which is available for all crimes except war crimes and those related to terrorism.

The constitution and law provide for the right to a fair and public trial and the judiciary generally enforced that right, although many trials were delayed due to the COVID-19 pandemic. By law, defendants are presumed innocent. Authorities are required to inform detainees of the grounds for their detention. Defendants have the right to a fair and public trial without undue delay and to be present at their trial. Courts may close certain sessions during the testimony of government-protected or other sensitive witnesses. Authorities also close juvenile trials. Defendants have the right to consult an attorney in a timely manner in pretrial and trial proceedings. The law requires authorities to provide an attorney at public expense when a defendant is a person with disabilities or is already in detention, destitute, facing a charge carrying a possible sentence of more than 10 years, being tried in absentia, engaged in a plea-bargaining process, or being questioned solely by police or Customs Authority officials during the preliminary investigative phase, upon the approval of a prosecutor. Defendants have the right to adequate time and facilities to prepare a defense; to free interpretation from the moment charged through all appeals; and to confront prosecution witnesses, present their own witnesses and evidence, and remain silent. Both the defense and the prosecution have the right of appeal.

While the judiciary was unable to hold all criminal trials publicly due to a shortage of proper facilities. The shortage also affected the timeliness of trials. Systemic weaknesses, such as political influence and prolonged procedures, inconsistent court practices, and relatively lenient sentencing policy, diminished public confidence in the efficiency and impartiality of the judiciary. Lenient sentencing policies also discouraged the use of plea agreements, as they left little maneuvering room for prosecutors to negotiate better terms, thereby contributing to inefficiency in the administration of justice.

Courts may try defendants in absentia but by law must repeat the trial if the convicted individuals are later apprehended.

There were no reports of political prisoners or detainees.

There were credible allegations that the country attempted to misuse international law enforcement tools for politically motivated purposes as reprisal against specific individuals located outside the country.

In August, Interpol’s Commission for Control of International Arrest Warrants adopted the appeal filed by fugitive businessman Dusko Knezevic and revoked the arrest warrant issued for him in January 2019. The country’s special prosecutor indicted Knezevic for several crimes, including organizing a criminal group, money laundering, and tax evasion. Knezevic, who fled to London, accused President Milo Djukanovic of corruption, claiming the arrest warrant was issued upon pressure from a cadre close to the president and his family who were trying to take over Knezevic’s business and properties. Knezevic had claimed that Interpol’s arrest warrants against him were not in line with the organization’s legal regulations. His legal representative, Zdravko Djukic, told media that revoking the arrest warrant against Knezevic proved that the indictments against him were politically motivated.

Toby Cadman, a London-based lawyer specializing in criminal law, human rights law, and extradition, told local A1 Television that Interpol also revoked its international red notice against British-Israeli political consultant Aron Shaviv, whom he represented. Prosecutors accused Shaviv of assisting an alleged 2016 coup attempt in the country. After hearing arguments from both the defense and the prosecution, Interpol concluded, per Cadman, that the Montenegro-initiated red notice for Shaviv constituted “abuse of process” and was “politically motivated.”

The constitution and law provide for an independent judiciary in civil matters, and citizens had access to courts to bring lawsuits seeking damages for violations of constitutionally recognized human rights. Although parties brought suits alleging human rights violations and at times prevailed, perceptions that the system was subject to nepotism, corruption, and political influence led to widespread public distrust. According to NGOs, courts in most cases either rejected civil cases involving claims of human rights violations or proceeded on them slowly. When domestic courts issued decisions pertaining to human rights, the government generally complied with them.

Upon exhausting all other available effective legal remedies, citizens may appeal alleged violations of human rights to the Constitutional Court. Many cases filed with the court involved such complaints. The Constitutional Court has the authority to review all alleged constitutional and human rights violations. If it finds a violation, it vacates the lower court’s decision and refers the case to an appropriate court or other authority to rectify the deficiency.

There were also administrative remedies for violations of constitutionally protected human rights. In cases of police abuse, citizens can address complaints to the Council for Civilian Control of Police Operations, which may then make recommendations for action to the chief of police or the interior minister. The Ombudsman’s Office noted that even before operational delays caused by the COVID-19 pandemic, the long duration of trials, especially those that were deemed a high priority, eroded citizens’ trust in the court system. This was particularly pronounced in disputes dealing with the establishment or termination of employment or the right to earnings and other wages. The office was also empowered to act in certain individual cases.

Once national remedies are exhausted, individuals, regardless of citizenship, may appeal cases alleging government violations of the European Convention on Human Rights to the European Court of Human Rights. The government has traditionally complied with all decisions of the European Court of Human Rights.

The government has laws and mechanisms in place, but NGOs and advocacy groups reported that the government did not make significant progress on resolution of Holocaust-era claims, including for foreign citizens. The pre-World War II Jewish population was estimated to have been only about 30 individuals with no identified synagogue or communal property. There was one possible case of a claim for restitution regarding Holocaust-era properties. A family that has the longest-running property restitution case in the country reported its Jewish heritage in 2019, thus potentially bringing the case under the purview of the Terezin Declaration. Neither the local Jewish community nor the government has thus far confirmed the information, nor has the government taken any further action on the family’s restitution claim.

The country’s restitution law was most recently amended in 2007, and the country has not passed any laws dealing with restitution following the endorsement of the Terezin Declaration in 2009, nor did it make any special provisions for heirless property from the Holocaust era. The passage of a law on the restitution of religious or communal properties would have minimal impact on the Jewish community, given its small size and the absence of identified prewar Jewish communal property. Any such legislation would mainly apply to properties confiscated from the Serbian Orthodox and Roman Catholic Churches during the communist era. For additional information regarding Holocaust-era property restitution and related issues, please see the Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released publicly on July 29, 2020, at https://www.state.gov/reports/just-act-report-to-congress/.

A large number of restitution claims for private and religious properties confiscated during the communist era remained unresolved. Private individuals, NGOs, and the Serbian Orthodox Church criticized the government for delays in addressing this problem. These unresolved claims and concerns that the situation could happen again were some of the justifications used by the Serbian Orthodox Church and some political parties formerly in the opposition for protesting the passage of the Law on Freedom of Religion or Beliefs and Legal Status of Religious Communities by the government in December 2019. That law stipulates that religious property lacking clear ownership and that falls under the pre-1918 “cultural heritage” of the state may become state property, though the government repeatedly asserted that the purpose of the property provisions was not to confiscate property held by the Serbian Orthodox Church.

The constitution and law prohibit such actions without court approval or legal necessity and prohibit police from searching a residence or conducting undercover or monitoring operations without a warrant. The law requires the National Security Agency and police to obtain court authorization for wiretaps. Similarly, a 2018 Constitutional Court decision proclaimed that some provisions in the Criminal Procedure Code regarding secret surveillance measures were unconstitutional. Prosecutors can no longer independently decide on application of those measures; instead, all requests must now be approved by a court. That decision was the result of a case in which a state prosecutor, with prior information from and the consent of one of the participants, ordered the recording of a telephone conversation without first obtaining judicial authorization.

There were no official reports the government failed to respect these requirements for conducting physical and property searches. Human rights activists, such as the NGOs MANS and Institute Alternativa, continued to claim, however, that authorities engaged in illegal wiretapping and surveillance.

External judicial and parliamentary oversight bodies, including the opposition-controlled inspector general, did not report any violations of the law. However, in early February the IN4S news portal published a leaked recording of an alleged telephone call between assistant director of police Administration and the chief of sector for the fight against organized crime and corruption, Zoran Lazovic, and senior police officer Dusko Golubovic in which one of the speakers said Serbian Orthodox Church believers rallying over Christmas would “get their asses kicked if they make trouble during the church gathering.” According to local media, the Basic State Prosecutor’s Office in Podgorica opened an investigation into the case the Electronic Communications and Postal Services Agency was collecting information about the leaked recording. In addition, in an effort to discourage those under mandatory self-isolation from leaving their homes, the National Coordination Body for Communicable Diseases (NCB) on March 21 published the names and address of individuals who were required by authorities to stay home since March 18. Shortly afterward, the NGO Civic Alliance filed a complaint with the Constitutional Court. Civic Alliance claimed that the government’s decision to publicize the names, surnames, and addresses of the persons put in isolation was illegal and infringed upon citizens’ right to privacy. The government said it had received the consent of the Agency for Data Protection to publish the list, as COVID-19 endangered the survival and the functioning of the state. A number of prominent legal professionals supported the government’s position, including law professor and former judge of the European Court of Human Rights Nebojsa Vucinic who countered that the right to privacy may be restricted when required by the general public interest. On April 3, a list with the names and identification numbers of persons who had tested positive for COVID-19 was published after being leaked by an official at the Podgorica Health Center. On April 8, the Prosecutor’s Office announced it had arrested the person responsible for the unauthorized collection and use of personal information, an offense punishable by up to three years in prison. According to the Prosecutor’s Office, the suspect sent the list of names to colleagues who were not authorized to have access via Viber.

NGOs focusing on women’s and lesbian, gay, bisexual, transgender, and intersex (LGBTI) issues were particularly concerned with the government’s publication of this medical information due to fears that it would identify members of vulnerable populations and expose them to potential discrimination or other adverse treatment. According to the NGO SOS Hotline Niksic, the NCB measures could result in the publication of the names and addresses of women and children residing in safe houses and shelter, violating the anonymity they needed to protect them from reprisals or other harmful actions from abusers. Similarly, the NGO LGBT Forum Progress reported the NCB required they provide the names and addresses of LGBTI persons who received food assistance in order to self-quarantine due to COVID-19 concerns to the Municipality of Podgorica and the Red Cross before the NCB would consent to continue providing food services. While the NCB stated the purpose of this requirement was to collect additional contact tracing data, the NGO expressed concerns about privacy and how the government might store and use the information in the future.

In July the Constitutional Court overturned the NCB’s decision to publish the names of individuals in self-isolation to curb the spread of the virus. It found the decision unconstitutional as it violated citizens’ right to privacy and for their personal data to be protected. The court expressed concern that the publication of personal data on persons in self-isolation created a precondition for their stigmatization by the broader community and that their data could be used by an unlimited number of citizens. Of even greater concern to the court, the publication of personal data could also deter those who needed medical help from seeking such help, which would have the contrary effect of endangering their health and increasing the risk the coronavirus could spread to other persons.

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 during the year.

According to the annual report from the UN Working Group on Enforced Disappearances, from May 2018 to May 2019, the country had 153 outstanding cases of forced disappearances between 1956 and 1992, seven fewer than at the beginning of the reporting period. The National Council on Human Rights (CNDH), a publicly funded national human rights institution, reported that as of July, six cases of forced disappearances between 1956 and 1992 remain unresolved. The CNDH continued to cooperate with the UN Office of the High Commissioner for Human Rights (OHCHR) on unresolved cases of disappearance.

The constitution and the law prohibit such practices, and the government denied it authorizes the use of torture. To combat degrading treatment and punishment in prisons, on March 19, parliament passed a law to fund doctors for training in forensics to identify signs of torture and abuse. As of August 11, the Prison Administration (DGAPR) reported that the Fes Court of Appeals received two cases of torture in 2019. In both cases prisoners alleged they were beaten and insulted in al-Hoceima. The government launched an investigation that concluded both allegations were unfounded. In April the CNDH issued a report confirming security officials had subjected an inmate at the Souk Larbaa Prison in Kenitra Province to torture and degrading treatment. The DGAPR initiated an investigation into the claims that continued at year’s end. During the year there were 20 complaints of torture or degrading treatment filed with the Prosecutor General’s Office. The office closed 15 cases, and one remained under investigation at year’s end.

From January to June, the National Police Force’s (Direction Generale de la Surete Nationale–DGSN) internal mechanism for investigation of torture and degrading treatment investigated four cases involving six police officials. The DGSN reprimanded and imposed administrative sanctions on two officials, and transferred two cases involving the other four officers to the Prosecutor General’s Office. The Prosecutor General’s Office initiated legal proceedings in at least one of the cases.

The CNDH reported it opened investigations into 28 complaints of torture or degrading treatment between January 1 and August 31.

In the event of an accusation of torture, the law requires judges to refer a detainee to a forensic medical expert when the detainee or lawyer requests it or if judges notice suspicious physical marks on a detainee. In some cases judges have refused to order a medical assessment when a detainee made an allegation of abuse. The UN Working Group on Arbitrary Detention, human rights nongovernmental organizations (NGOs), and media documented cases of authorities’ failure to implement provisions of the antitorture law, including failure to conduct medical examinations when detainees alleged torture.

Reports of torture have declined over the last several years, although Moroccan government institutions and NGOs continued to receive reports about the mistreatment of individuals in official custody. Reports of mistreatment occurred most frequently in pretrial detention. There were also accusations that security officials subjected Western Sahara proindependence protesters to degrading treatment during or following demonstrations or protests calling for the release of alleged political prisoners.

In March the CNDH released a report on 20 allegations by Hirak protesters that they were tortured during detention; the report determined that these allegations, highlighted in a February 19 report by Amnesty International, were unfounded.

In January the spouse of Abdelqader Belliraj, who was serving a life sentence on terrorism-related charges, told Human Rights Watch (HRW) that Belliraj has been deprived of contact with other inmates since 2016 and was kept in confinement 23 hours a day. HRW called these measures inhumane. According to media reports, the DGAPR disputed the validity of the allegations, stating Belliraj received an hour break each day that allowed for interactions with other inmates and was allowed family visits. Belliraj claimed he was convicted based on confessions obtained under police torture.

According to media, the Marrakech branch of the auxiliary forces suspended two officers after they appeared in a video violently arresting a suspect on May 6.

According to the Conduct in UN Field Missions online portal, there were no allegations submitted from January to August of sexual exploitation and abuse by Moroccan peacekeepers deployed to UN peacekeeping missions. Morocco and the United Nations were jointly investigating three allegations in 2019 of sexual exploitation and abuse by Moroccan peacekeepers deployed to UN peacekeeping missions; one case alleged transactional sex with an adult, and two cases alleged rape of a child. As of September, all three investigations remained underway. In one of the alleged rape cases, identification of the alleged perpetrator was pending.

Prison and Detention Center Conditions

Prison conditions improved during the year but in some cases did not meet international standards.

Physical Conditions: The Moroccan Observatory of Prisons (OMP), an NGO focused on the rights of prisoners, continued to report that some prisons were overcrowded and failed to meet local and international standards. In newer prisons, pretrial detainees and convicted prisoners were held separately, but in older prisons the two groups remained together.

According to government sources and NGOs, prison overcrowding was also due in large part to an underutilized system of bail or provisional release, a severe backlog in cases, and lack of judicial discretion to reduce the length of prison sentences for specific crimes. Government sources stated that administrative requirements also prevented prison authorities from transferring individuals in pretrial detention or the appeals phase to facilities outside the jurisdiction where their trials were to take place.

According to a DGAPR report in May, the prison population dropped by 7 percent as a result of royal pardons and the Prosecutor General’s Office conducting virtual trials. Overcrowded prisons emerged as a key concern during the COVID-19 pandemic. On March 27, approximately 150 human rights associations and activists signed a petition calling for the DGAPR to release “prisoners of conscience,” such as prisoners arrested during the 2016-17 Rif protests, female prisoners with children, and low-risk offenders, as well as those vulnerable to COVID-19 (detainees older than age 60 or ill). The so-called Rif prisoners were arrested for their involvement in a series of protests in the northern Rif region in 2016 and 2017. Found guilty of damaging public property, injuring law enforcement members, and threatening the stability of the state, approximately four were sentenced to up to 20 years in prison in 2018. On April 5, King Mohammed VI pardoned 5,654 detainees and gave orders to take necessary measures to strengthen the protection of detainees in prisons against COVID-19. In July a royal pardon of an additional 6,032 inmates and 105 others on bail included individuals who were vulnerable to the virus.

The law provides for the separation of minor prisoners from adult prisoners. In all prisons, officials classify youth offenders into two categories, both of which are separated from other prisoners: minors under 18 and youthful offenders 18 to 20 years old. According to authorities, minors are not held with prisoners older than 20 years. The DGAPR had three dedicated juvenile “centers for reform and education” but maintained separate, dedicated youth detention areas for minors in all prisons. The government reported that, in cases where a juvenile court judge ruled that detention was necessary, minors younger than 14 were detained separately from minors 15 to 18 years old. In cases where a minor is ordered to be detained, a judge must follow up on a monthly basis.

The DGAPR reported there was no discrimination in access to health services or facilities based on gender for female prisoners, who make up just over 2 percent of the prison population. Some officials reported that female inmates often had a harder time accessing gender-specific health specialists such as OB/GYNs, than a general physician. Local NGOs asserted that prison facilities did not provide adequate access to health care and did not accommodate the needs of prisoners with disabilities. The DGAPR reported that a nurse and a psychologist examined each prisoner on arrival and that prisoners received care upon request. The DGAPR reported conducting extensive COVID-19 tests and medical consultations in prisons.

The DGAPR provided fresh food to inmates at no cost, certified by the Ministry of Health as meeting the nutritional needs of the average adult male. According to the DGAPR, the penitentiary system accommodated the special dietary needs of prisoners suffering from illnesses and of prisoners with religious dietary restrictions.

NGOs frequently cited cases where prisoners protested the conditions of their detention with hunger strikes. According to Amnesty International, prisoners launched hunger strikes to protest prison conditions, including poor hygiene and sanitation, inadequate health care, overcrowding, and detention far from their families, as well as limited visiting rights and access to education. Prisoners Nabil Ahamjik and Nasser Zefzafi went on a hunger strike on February 22 over allegations of abuse and mistreatment in prison. They demanded better prison conditions, adequate medical care, and visitation rights. Both ended their hunger strike on March 17. According to the OMP, however, most hunger strikes were in protest of judiciary processes and sentences rather than detention conditions. The CNDH and the DGAPR regularly addressed requests for transfer based on family proximity, and the DGAPR sometimes granted such requests. At other times, the DGAPR informed the detainee that the requested transfer was not possible, often because of overcrowding at the requested location.

Some human rights activists asserted that the prison administration reserved harsher treatment for Islamists who challenged the king’s religious authority and for those accused of “questioning the territorial integrity of the country.” The DGAPR denied that any prisoners received differential treatment and asserted that all prisoners received equal treatment in accordance with the law.

Families of detainees from Western Sahara charged that they faced unusually harsh prison conditions. The DGAPR contested this claim and asserted that prisoners in Western Sahara and Sahrawi prisoners in the rest of Morocco received the same treatment as all other prisoners under its authority.

According to the Robert F. Kennedy Human Rights Center, as of May 15, journalist and Sahrawi activist Mohamed al-Bambary was detained with 45 other prisoners in a cell that was 25 feet by 18.5 feet. The journalists and activists were detained because of their involvement in a movement questioning the territorial integrity of Morocco.

Administration: While authorities generally permitted relatives and friends to visit prisoners, there were reports that authorities denied visiting privileges in some instances. The DGAPR assigned each prisoner to a risk classification level, which determined visiting privileges. According to its prisoner classification guide, the DGAPR placed restrictions on the level of visits, recreation, and types of educational programming for higher-risk prisoners. At all classifications, prisoners may receive visits, although the length, frequency, and number of visitors may vary. Most prisons assigned each prisoner a designated “visit day” to manage the number of visits to the prison. The DGAPR authorizes religious observances and services provided by religious leaders for all prisoners, including religious minorities. In an effort to limit the spread of COVID-19 during the pandemic, DGAPR suspended family and lawyer visits but increased phone time privileges for inmates.

The CNDH and the DGAPR investigated allegations of inhumane conditions. The CNDH and the DGAPR effectively served the function of an ombudsman, and a system of “letterboxes” operated in prisons to facilitate prisoners’ right to submit complaints regarding their imprisonment. Detainees could submit complaints without censorship to the DGAPR Delegate General’s Office for processing, as well as to the CNDH.

Independent Monitoring: The government permitted some NGOs with a human rights mandate to conduct unaccompanied monitoring visits. Government policy also permitted academics, as well as NGOs that provided social, educational, or religious services to prisoners, to enter prison facilities. According to prison officials, academics and various NGOs conducted 79 visits through June. The OMP conducted 53 monitoring visits through June. The CNDH conducted two monitoring visits during the year.

Between January 1 and August 31, the CNDH’s three commissions in the south carried out nine visits to prisons including two visits in Laayoune-Sakia and Smara to focus on the prevention of COVID-19 in prisons. The CNDH observed the DGAPR took a number of steps to prevent the spread of COVID-19 in prisons, including the establishment of a digital platform to provide remote psychological support to prison staff and detainees, limiting the number of family visits and raising awareness through an information campaign among detainees. The Laayoune branch of the CNDH conducted monitoring visits and found the local prison in Dakhla remained overcrowded and insufficiently equipped to provide appropriate living conditions to the detainees. The objectives of the visits were to prevent practices likely to lead directly or indirectly to any form of torture and mistreatment, to verify whether the preventive measures recommended by the public authorities against COVID-19 are in place in compliance with international standards and to engage in a constructive dialogue with the authorities responsible.

Improvements: To alleviate overcrowding and improve overall conditions, the DGAPR reported there were six prisons currently under construction and prison extensions. The DGAPR opened a new prison in Berkane.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge in court the lawfulness of his or her arrest or detention. Observers indicated that police did not always respect these provisions or consistently observe due process, particularly during or in the wake of protests. According to local NGOs and associations, police sometimes arrested persons without warrants or while wearing civilian clothing. Individuals have the right to challenge the legal basis or arbitrary nature of their detention and request compensation by submitting a complaint to the court. The UN secretary-general’s report on Western Sahara in September noted the OHCHR received reports of human rights violations perpetrated by government officials against Sahrawis, including arbitrary detention.

In Western Sahara, human rights organizations continued to track alleged abusers who remained in leadership positions or who had been transferred to other positions. International and local human rights organizations claimed that authorities dismissed many complaints of abuse and relied only on police statements. Government officials generally did not provide information on the outcome of complaints. The CNDH and DGAPR provided human rights training for prison officials and members of the security forces in Western Sahara.

On March 12, HRW published a report of police violence against two Western Sahara activists, Walid el-Batal and Yahdhih el-Ghazal in Smara, in June 2019. According to HRW’s report, Moroccan security forces attempted to prohibit the men from attending an event for activist Salah Labsir who was serving a four-year prison sentence on charges for premeditated violence against police and the destruction of public goods. A video of the incident showed a dozen individuals in civilian clothing forcibly dragging two men from their truck and assaulting them with batons. Two Moroccan police vehicles were in the background of the scene, and the batons matched the style of police-issued equipment while one man wore a police helmet, leading HRW to determine the perpetrators were plainclothes police officers. Ghazal informed HRW that “they beat and tortured us there, and then they took us to the police station. They beat us there. And we passed out–I passed out; when I woke up I found myself in the hospital.” Court documents showed that el-Batal and el-Ghazal were taken to a hospital after their arrest. Moroccan authorities claimed the men were brought to the hospital because of injuries they sustained in colliding with police barriers and resisting arrest. The OHCHR requested an investigation into el-Batal’s case, raising concerns over human rights abuses. The public prosecutor opened an investigation, which resulted in the indictment of five police officers for police brutality. The investigation continued at year’s end.

By law police may arrest an individual after a general prosecutor issues an oral or written warrant. The law permits authorities to deny defendants’ access to counsel or family members during the initial 96 hours of detention under terrorism-related laws or during the initial 24 hours of detention for all other charges, with an optional extension of 12 hours with the approval of the Prosecutor’s Office. Authorities did not consistently respect these provisions. Reports of abuse generally referred to these initial detention periods, when police interrogated detainees. The government continued to require new police officers to receive security and human rights training facilitated in partnership with civil society.

In ordinary criminal cases, the law requires police to notify a detainee’s next of kin of an arrest immediately after the above-mentioned period of incommunicado detention, unless arresting authorities applied for and received an extension from a magistrate. Police did not consistently abide by this provision. Authorities sometimes delayed notifying the family or did not inform lawyers promptly of the date of arrest, and the families and lawyers were not able to monitor compliance with detention limits and treatment of the detainee.

The law states, “in the case of a flagrant offense, the Judicial Police Officer has the right to keep the suspect in detention for 48 hours. If strong and corroborated evidence is raised against this person, [the officer] can keep them in custody for a maximum of three days with the written authorization of the prosecutor.” For common crimes, authorities can extend this 48-hour period twice, for up to six days in detention. Under terrorism-related laws, a prosecutor may renew the initial detention by written authorization for a total detention time of 12 days. According to the Antiterrorism Act, a suspect does not have a right to a lawyer during this time except for a half-hour monitored visit at the midpoint of the 12-day period. Observers widely perceived the law on counterterrorism as consistent with international standards.

At the conclusion of the initial detention period in police custody, a detainee must be presented to a prosecutor, who may issue provisional charges and order additional investigation by an investigatory judge in preparation for trial. The investigative judge has four months, plus a possible one-month extension, to interview the individual and determine what charges, if any, to file for trial. An individual may be detained in investigatory detention or at liberty during this phase. At the end of five months (if an extension is granted), the investigative judge must either file charges, decline to file charges and drop the case, or release the individual pending an additional investigation and a determination of whether to file. Authorities generally followed these timelines.

NGO sources stated that some judges were reticent to use alternative sentences permitted under the law, such as provisional release. The law does not require written authorization for release from detention. In some instances judges released defendants on their own recognizance. A bail system exists; the deposit may be in the form of property or a sum of money paid to the court as surety to ensure the defendant’s return to future court proceedings. The amount of the deposit is subject to the discretion of the judge, who decides depending on the offense. Bail may be requested at any time before the judgment. According to the law, defendants have the right to attorneys; if a defendant cannot afford private counsel, authorities must provide a court-appointed attorney when the criminal penalty exceeds five years in prison. Authorities did not always provide effective and timely counsel.

Arbitrary Arrest: Security forces often detained groups of individuals, took them to a police station, questioned them for several hours, and released them without charge.

Under the penal code, any public official who orders an arbitrary detention may be punished by demotion and, if it is done for private interest, by imprisonment for 10 years to life. An official who neglects to refer a claimed or observed arbitrary or illegal detention to his superiors may be punished by demotion. During the year no security officials were investigated for arbitrary arrest associated with enforcement of the shelter-in-place protocol due to COVID-19 restrictions. There was no information available as to whether these provisions were applied during the year.

Pretrial Detention: Although the government claimed that authorities generally brought accused persons to trial within two months, prosecutors may request as many as five additional two-month extensions of pretrial detention. Pretrial detentions can last as long as one year. Government officials attributed delays to the large backlog of cases in the justice system. The government stated that a variety of factors contributed to this backlog, including a lack of resources devoted to the justice system, both human and infrastructure; the lack of plea bargaining as an option for prosecutors, lengthening the amount of time to process cases on average; the rare use of mediation and other out-of-court settlement mechanisms allowed by law; and the absence of legal authority for alternative sentencing. The government reported that, as of May, approximately 6.5 percent of detainees were in pretrial detention awaiting their first trial. In some cases detainees received a sentence shorter than the time they spent in pretrial detention, particularly for misdemeanors.

The constitution provides for an independent judiciary, and, as in previous years, NGOs asserted that corruption and extrajudicial influence weakened judicial independence. The Supreme Judicial Council, mandated by the constitution, manages the courts and day-to-day judicial affairs in place of the Ministry of Justice. The president of the Court of Cassation (the highest court of appeals) chairs the 20-member body. Additional members include the president of the First Chamber of the Court of Cassation; the prosecutor general (equivalent of the attorney general); the mediator (national ombudsman); the president of the CNDH; 10 members elected by the country’s judges; and five members appointed by the king. While the government’s stated aim in creating the council was to improve judicial independence, its effect on judicial independence was not clear since its inception as an independent entity in late 2017. According to media reports and human rights activists, outcomes of trials in which the government had a strong interest, such as those touching on Islam as it related to political life and national security, the legitimacy of the monarchy, and Western Sahara, sometimes appeared predetermined.

On November 4, the Court of Cassation reviewed the appeals to the 2017 verdict against 23 Sahrawi individuals arrested during the 2010 dismantling of the Gdeim Izik Camp. The sentences issued ranged from time served to life imprisonment. The individuals had been previously convicted in a military trial in 2013. A 2015 revision of the Code on Military Justice eliminated military trials for civilians, and in 2016 the Court of Cassation ruled on appeal that the group should receive a new civilian trial. Two were given reduced sentences (from 25 years to 4.5 years and 6.5 years) and were released, joining two others whose 2013 sentences of time served were confirmed by the civilian court. Two other individuals also received reduced sentences (from 30 years to 25 years and from 25 years to 20 years). On November 9, HRW noted concerns that an earlier verdict was reached based on information obtained under torture.

The law provides for the right to a fair and public trial with the right of appeal, but this did not always occur. The law presumes that defendants are innocent. Defendants are informed promptly of potential charges after the initial arrest and investigation period. Defendants are then informed of final charges at the conclusion of the full investigatory period, which may last several months. Trials are conducted in Arabic, and foreigners have the right to request interpretation if they do not speak Arabic.

Defendants have the right to be present at their trial and to consult in a timely manner with an attorney. Defendants have the right to refuse to participate in their trial, and a judge may decide to continue the proceedings in the defendant’s absence while providing a detailed summary to the defendant. Authorities often denied lawyers timely access to their clients and, in some cases, lawyers met their clients only at the first hearing before the judge. Authorities are required to provide attorneys in cases where the potential sentence is greater than five years, if the defendant is unable to afford one. Publicly provided defense attorneys were often poorly paid and neither properly trained in matters pertaining to juveniles nor provided to defendants in a timely fashion. The appointment process for public defenders was lengthy, often resulting in a defendant arriving to trial before a court-appointed attorney was designated. In these cases the judge may ask any attorney present to represent the defendant. This practice often resulted in inadequate representation. Many NGOs provided attorneys for vulnerable individuals (minors, refugees, victims of domestic violence), who frequently did not have the means to pay. Such resources were limited and specific to larger cities.

The law permits defense attorneys to question witnesses. Despite the provisions of the law, some judges reportedly denied defense requests to question witnesses or to present mitigating witnesses or evidence.

The law forbids judges from admitting confessions made under duress without additional corroborating evidence, government officials stated. NGOs reported that the judicial system often relied on confessions for the prosecution of criminal cases, and authorities pressured investigators to obtain a confession from suspects in order for prosecution to proceed. HRW and local NGOs charged that judges, at their discretion, sometimes decided cases based on forced confessions. According to the government, in order to move away from a confession-based judicial system, cases based solely on confessions and without any other substantiating evidence are not accepted by the courts.

According to the DGSN, during the year the forensics unit in partnership with international technical experts trained 85 judges and public prosecutors on forensics evidence for prosecutions. Since 2016 the National Police have had evidence preservation centers throughout the country to secure evidence collected at crime scenes and to ensure compliance with chain of custody procedures. According to the Ministry of Justice, legal clerks manage the evidence preservation centers and coordinate the court’s and the defense’s access to evidence.

The law does not define or recognize the concept of a political prisoner. The government did not consider any of its prisoners to be political prisoners and stated it had charged or convicted all individuals in prison under criminal law. Criminal law covers nonviolent advocacy and dissent, such as insulting police in songs or “defaming Morocco’s sacred values” by denouncing the king and regime during a public demonstration. NGOs, including the Moroccan Association for Human Rights (AMDH), Amnesty International, and Sahrawi organizations, asserted the government imprisoned persons for political activities or beliefs under the cover of criminal charges.

The HRW annual report highlighted, “authorities continued to selectively target, prosecute, jail and harass critics, and enforce various repressive laws, notably pertaining to individual liberties.”

In December 2019 police in Rabat arrested Ben Boudouh, also known as Moul al-Hanout (grocery store owner), for “offending public officials” and “incitement to hatred.” Boudouh posted a live video on his Facebook page criticizing the king for allowing corruption. On January 7, the court of first instance of Khemisset, sentenced Ben Boudouh to three years in prison for “insulting constitutional institutions and public officials.” Ben Boudouh was in Tiflet Prison at year’s end. Amnesty International claimed the charges against Ben Boudouh were politically motivated.

Security forces arrested Soulaimane Raissouni, journalist and editor in chief of newspaper Akhbar al-Yaoum, in Casablanca on May 22 on an allegation he sexually assaulted a young man. On May 25, an investigating judge charged him with “violent and indecent assault and forced detention” and ordered his detention in Oukacha Prison. The arrest of Soulaimane generated criticism from civil society groups and activists, who asserted the arrests were politically motivated.

Human rights and proindependence groups considered a number of imprisoned Sahrawis to be political prisoners. This number included the 19 Gdeim Izik prisoners who remained in prison as well as members of Sahrawi rights or proindependence organizations.

Although individuals have access to civil courts for lawsuits relating to human rights violations and have filed lawsuits, such lawsuits were frequently unsuccessful due to the courts’ lack of independence in politically sensitive cases or lack of impartiality stemming from extrajudicial influence and corruption. The Supreme Judicial Council is tasked with ensuring ethical behavior by judicial personnel (see section 4). There are administrative as well as judicial remedies for alleged wrongs. Authorities sometimes failed to respect court orders in a timely manner.

The Institution of the Mediator (national ombudsman) helped to resolve civil matters that did not clear the threshold to merit involvement of the judiciary, including cases involving civil society registration issues. Although it faced backlogs, it gradually expanded the scope of its activities and subjected complaints to in-depth investigation. The mediator retransmitted to the CNDH for resolution cases specifically related to allegations of human rights abuses by authorities. The CNDH continued to be a conduit through which citizens expressed complaints regarding human rights abuses.

While the constitution states an individual’s home is inviolable and that a search may take place only with a search warrant, authorities at times entered homes without judicial authorization, employed informers, and monitored, without legal process, personal movement and private communications–including email, text messaging, or other digital communications intended to remain private.

On June 22, Amnesty International published a report claiming authorities had used NSO spyware to target journalist Omar Radi’s phone from January 2019 to January 2020. Starting on June 26, the judicial police, gendarmerie, and prosecutors summoned Radi for 12 interrogation sessions of six to nine hours each regarding multiple accusations, including allegedly providing “espionage services” to foreign governments, firms, and organizations. On July 29, police arrested Radi on charges of “indecent assault with violence; rape; the receipt of foreign funds for the purpose of undermining state’s domestic security; and initiation of contacts with agents of foreign countries to harm the diplomatic situation of the country.” According to HRW, the rape and indecent assault charges against Radi were based on a complaint filed July 23 by one of Radi’s colleagues. His trial commenced on December 24.

There were numerous credible reports by media and international human rights organizations that the government or its agents committed arbitrary or unlawful killings. Most reports named security forces, particularly the Armed Forces of Mozambique (FADM) operating in Cabo Delgado Province, while others identified National Police (PRM) and the Rapid Intervention Unit (UIR) members as perpetrators. The Attorney General’s Office is responsible for investigating and prosecuting perpetrators of security force killings deemed unjustifiable; however, the government failed to investigate many reports of abuses.

There were numerous abuses similar to the following examples. Although a lack of access to Cabo Delgado Province impeded verification by media and human rights organizations, media reported security forces shot and killed between 18 and 48 civilians on small boats in the vicinity of Ibo Island between April 12 and 21. On April 12, individuals wearing FADM uniforms reportedly shot and killed 12 fishermen and merchants and looted their ships’ cargo. On April 23, the president stated security forces in Cabo Delgado Province might have “unintentionally” violated human rights in combatting violent extremists. On September 14, a video emerged on social media showing armed, uniformed men walking on a paved road in a rural area following a naked woman and yelling “Shabaab,” the local name for ISIS-Mozambique. She was beaten with a stick and shot several times. The president and senior officials claimed that the terrorist groups in Cabo Delgado Province had created the video as part of a misinformation campaign and that an investigation had been opened. No details or results of an investigation had been released by year’s end.

Police were accused of arbitrary and sometimes violent enforcement of the COVID-19 state of emergency orders issued by the president on April 1. For example, on April 21, in Sofala Province, media reported that two PRM officers beat a resident to death for threatening to film them playing soccer after they broke up a match in which players had violated social distancing rules. On April 23, the officers involved were arrested, and the PRM announced it would investigate the incident and apply disciplinary measures if warranted. The PRM had not released further information on the case by year’s end.

On June 17, six police officers of the Gaza Province UIR and the Gaza Special Operations Unit were convicted of murder for the October 2019 killing of civil society leader Anastacio and were sentenced to prison terms ranging from two to 24 years.

Human rights organizations and the government stated violent extremists in Cabo Delgado Province committed human rights abuses against civilians that included beheadings, kidnappings, and use of child soldiers. From January to November, there were an estimated 1,484 fatalities in Cabo Delgado Province, of which 602 resulted from targeted extremist violence against civilians and 109 resulted from security force violence against civilians. Extremists also abducted civilians during village raids. Security force responses to this violence was often heavy handed, including arbitrary arrest and detention and extrajudicial killings of suspected violent extremists and civilians.

There were numerous abuses reported by media similar to the following example. On September 30, extremists beheaded seven persons, shot and killed another seven, and tortured others during a two-week period. Extremists also posted videos depicting the mutilation of corpses of security force members.

There were reports of disappearances by or on behalf of civilian or military authorities.

According to media, in March activist Roberto Abdala, who worked for the land rights nongovernmental organization (NGO) Centro Terra Viva (the Living Earth Center) disappeared in the northern city of Palma. Abdala remained missing at year’s end.

On April 9, independent online newspaper Carta de Mocambique reported that military members abducted independent journalist Ibraimo Mbaruco in Cabo Delgado Province. On April 7, Mbaruco’s last communication was a text message stating he was surrounded by military members. On April 27, Augusto Guta, police public relations head in Cabo Delgado Province, stated police were searching for Mbaruco and requested the public’s help locating him. Mbaruco’s whereabouts remained unknown at year’s end.

The constitution and law prohibit such practices, but international and domestic human rights groups reported mistreatment of detainees, specifically those detained in Cabo Delgado Province as a result of counterterrorism operations. At least two videos surfaced that showed security forces physically abusing terrorist suspects. For example, in August a video appeared showing alleged government security force members caning three terrorist suspects; one suspect appeared to have been caned to death. In September the government stated it had opened an investigation into the matter. No additional information was available by year’s end.

According to human rights activists, impunity was a significant problem within the security forces, particularly forces operating in Cabo Delgado Province. A weak judicial system contributed to impunity, including a lack of capacity to investigate cases of abuse and to prosecute and try perpetrators. The Human Rights Commission is mandated to investigate allegations of abuses. The government did not provide widespread or systemic training increase respect for human rights and prevent abuses by security force members.

Prison and Detention Center Conditions

Prison conditions remained harsh and potentially life threatening in most areas due to gross overcrowding, inadequate sanitary conditions, and limited medical care.

Physical Conditions: Government officials and civil society organizations cited as serious problems overcrowding, poor nutrition, poor hygiene and medical care, the inclusion of juvenile prisoners in adult facilities, and convicted and untried prisoners sharing cells. Almost all prisons dated from the pre-1975 colonial era, and many were in an advanced state of dilapidation. The attorney general’s annual report to parliament issued in May cited overcrowding and degradation of infrastructure as threats to the security, rehabilitation, and human rights of prisoners. The Attorney General’s Office (PGR) acknowledged an acute shortage of prison facilities and that lack of adequate facilities contributed to the abuse of detainees. According to the PGR, prisons were 232 percent above capacity with 19,789 prisoners occupying space for only 8,498.

On April 6, parliament approved an amnesty law in response to COVID-19 that provided for the release of prisoners convicted of minor offenses to ease overcrowding in the National Penitentiary Service. Media reported the release of approximately 5,000 detainees.

Juvenile detainees were held in preventive detention with adult prisoners. Inmates with disabilities often shared cells with other prisoners. No information was available on deaths in prison, jails, pretrial detention, or other detention centers attributed to physical conditions, including on whether authorities took remedial action.

Administration: Although no formal system specific to prisons existed for receiving or tracking complaints, prisoners were free to contact the PGR, the national ombudsman, or NGOs with complaints.

Independent Monitoring: International and domestic human rights groups had access to prisoners at the discretion of the Ministry of Justice, Constitutional, and Religious Affairs and the Ministry of the Interior, and permission to visit prisoners was generally granted. The Mozambican Human Rights League and the National Commission on Human Rights (CNDH) had a high degree of access to prisons run by the Ministry of Justice, Constitutional, and Religious Affairs.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention and provide for the right to challenge the lawfulness of arrest or detention in court. The government generally observed these requirements; however, civil society groups reported security forces repeatedly arrested and detained persons, including journalists and civil society activists in northern Cabo Delgado Province on unsubstantiated charges of involvement in extremist violence or property destruction.

Apart from operations countering extremist violence in northern Cabo Delgado Province, authorities generally did not detain suspects without judicial authorization. By law judges or prosecutors must first issue an arrest warrant unless a suspect is caught in the act of committing a crime. The maximum length of investigative detention is 48 hours without a warrant or six months with a warrant, during which time a detainee has the right to judicial review of the case. A detainee may be held another 90 days if the National Criminal Investigation Service continues its investigation. A person accused of a crime carrying a potential maximum sentence if convicted of more than eight years’ imprisonment may be detained up to an additional 84 days without being formally charged. A court may approve two additional 84-day periods of detention without charge while police complete their investigation. The detainee must be released if no charges are brought within the prescribed period for investigation. Authorities, however, did not always respect these legal requirements.

The law provides for citizens’ right to access the courts and the right to legal representation, regardless of ability to pay for such services. Indigent defendants, however, frequently received no legal representation due to a shortage of legal professionals willing to work without charge. There were no reports of suspects held incommunicado or under house arrest.

The bail system remained poorly defined.

Pretrial Detention: Lengthy pretrial detention continued to be a serious problem due to a lack of judges and prosecutors and poor communication among authorities.

The constitution and law provide for an independent judiciary, and the government generally respected judicial independence and impartiality. Some civil society groups asserted, however, that the executive branch and ruling Front for the Liberation of Mozambique Party (Frelimo) exerted influence on an understaffed and inadequately trained judiciary, especially in politically sensitive national security cases where extremist suspects were accused of violent crimes in Cabo Delgado Province.

The constitution and law provide for the right to a fair and public trial without undue delay, and the judiciary generally enforced this right. Courts presume accused persons innocent, and defendants have the right to be informed promptly and in detail of the charges. By law defendants are entitled to a fair, timely, and public trial, and the right to be present at their trial. Defendants enjoy the right to communicate with an attorney of their choice, and the law specifically provides for public defenders for all defendants, although this did not always happen. While defendants have adequate time to prepare a defense, they often do not have adequate facilities to do so. Defendants also have the right to free interpretation as necessary, and authorities generally did not deny persons these rights. Convicted persons may appeal lower court decisions to a higher court.

By law only judges or lawyers may confront or question witnesses. A defendant may present witnesses and evidence on their own behalf. The government generally upheld such rights. Defendants may not be compelled to testify or confess guilt.

Persons accused of crimes against the government, including treason or threatening national security, are tried in open civilian courts according to standard criminal judicial procedures. Members of media and the general public attended trials throughout the year; however, a judge may order a trial closed to media in the interest of national security, to protect the privacy of the plaintiff in a sexual assault case, or to prevent interested parties outside the court from destroying evidence.

There were no reports of political prisoners or detainees.

Individuals or organizations may seek civil remedies for human rights abuses through domestic courts. By law citizens may file lawsuits through the Office of the Ombudsman, the CNDH, and the Mozambican Bar Association seeking cessation of human rights abuses, damages for abuses, or both. The country is a signatory to the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights.

The Office of the Ombudsman is constitutionally designated as guarantor of citizens’ legal rights in dealings with the government. Citizens may file complaints with the Ombudsman’s Office. Each complaint is reviewed and an investigation initiated if the Ombudsman’s Office judges it legitimate.

The constitution and law prohibit arbitrary or unlawful interference with privacy, family, home, or correspondence; however, there were reports the government at times failed to respect the privacy of personal communications, particularly those of civil society activists and journalists. There were no reports authorities entered homes without judicial or other appropriate authorization. Some civil society activists stated government intelligence services and operatives of the ruling party monitored telephone calls and emails without warrants, conducted surveillance of their offices, followed opposition members, used informants, and disrupted opposition party activities in certain areas.