There were no reports that government security forces committed arbitrary or unlawful killings during the year.

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

The constitution prohibits “harm[ing] an accused person physically or mentally.” Domestic and international human rights organizations, as well as detainees and former detainees, maintained that torture, abuse, and other cruel, inhuman, or degrading treatment or punishment by government security officials continued during the year.

Human rights groups reported accounts alleging security officials beat detainees, placed detainees in stress positions, humiliated detainees in front of other prisoners, deprived detainees of time for prayers, and insulted detainees based on their religious beliefs.

Detainees reported that security forces committed abuses during searches, arrests at private residences, and during transportation. Detainees reported intimidation, such as threats of violence, took place at the Criminal Investigation Directorate (CID) headquarters facility. Some detainees at the CID reported security officials used physical and psychological mistreatment to extract confessions and statements under duress or to inflict retribution and punishment.

Human rights groups reported authorities subjected children, sometimes younger than age 15, to various forms of mistreatment, including beating, slapping, kicking, and verbal abuse. The law considers all persons older than 15 to be adults.

Human rights organizations and families of inmates also reported authorities denied medical treatment to injured or ill detainees and prisoners. In November the family of 70-year-old Hasan Mushaima, a prominent leader of a dissolved political society serving a life sentence in prison since 2011, reported that his health was deteriorating and was transferred to a Bahrain military hospital for treatment and then returned to prison after six hours. International human rights organizations reported Professor Khalil al-Halwachi, who has been serving a 10-year sentence since 2014 on weapons charges, was not receiving adequate medical treatment in Jaw Prison.

The Ministry of Interior denied torture and abuse were systemic. In response to a family’s claim that their father was not receiving medical attention, the Ministry of Interior stated that inmates receive full health-care services and medication under the law and in line with humanitarian standards. The government reported all prisons, detention facilities, and interrogation rooms at local police stations and the CID were equipped with closed-circuit television cameras that monitored the facilities at all times.

The Special Investigation Unit (SIU), part of the Public Prosecutor’s Office in the Ministry of Justice, Islamic Affairs, and Endowments, reported receiving 33 complaints in the first quarter of the year and 10 complaints during the second quarter of the year alleging torture, mistreatment, and excessive force used by members of the police. As of May the SIU referred one officer to the Military Court for unknown charges of abuse. The officer received a disciplinary action as a result.

The Ministry of Interior’s Ombudsman’s Office reported it investigated all complaints and made recommendations to the government to address concerns. In the first quarter of the year, the office had four investigations underway into complaints against police directorates and had referred eight cases to criminal or to disciplinary proceedings. Fifteen complaints were submitted against the CID; 12 were under investigation. Two complaints each were submitted against the Traffic Directorate and the Customs Affairs. One complaint was submitted against the Coast Guard and was referred for criminal or disciplinary proceedings.

The Office of the Ombudsman’s sixth annual report, released in October 2019, reported 289 complaints and 778 assistance requests between May 2018 and April 2019 from alleged victims of mistreatment by police and civilian staff, or from victims’ families or organizations representing their interests. Of these complaints, 70 were referred to the relevant disciplinary body, including police administrative hearing “courts” and the Public Prosecutor’s Office, 28 were under investigation, and 50 were resolved or not upheld. The ombudsman reported receipt of 43 complaints against the CID, of which seven cases were referred for criminal or disciplinary proceedings, and 86 complaints against Jaw Prison, of which 40 cases were referred for criminal or disciplinary action. The ombudsman referred seven of the cases against the CID and 40 against Jaw Prison for criminal or disciplinary procedures; 12 and 15 additional cases were under investigation, respectively.

Zakeya al-Barboori, one of the only remaining female political prisoners who was arrested in 2018, and her family formally submitted complaints to NIHR and the Ombudsman’s Office about her treatment in prison, after the king’s 2019 royal decree restored Bahraini citizenship to al-Barboori and 550 other individuals.

Impunity was not a significant problem in the security forces. The Ministry of Interior police code of conduct requires officers to abide by 10 principles, including limited use of force and zero tolerance for torture and mistreatment. The Royal Police Academy included the police code of conduct in its curriculum, required all recruits to take a course on human rights, and provided recruits with copies of the police code of conduct in English and Arabic. The ministry reported it took disciplinary action against officers who did not comply with the code, although it did not publish details of such steps.

Prison and Detention Center Conditions

Human rights activists reported conditions in prisons and detention centers were harsh and sometimes life threatening, due to overcrowding, physical abuse, and inadequate sanitary conditions and medical care.

Physical Conditions: Human rights organizations and prisoners reported gross overcrowding in detention facilities, which placed a strain on prison administration and led to a high prisoner-to-staff ratio. The Bahrain Institute for Rights and Democracy (BIRD) reported Building 13 of Jaw Prison housed inmates at 30 percent over capacity. Prisoners complained of limited time for outdoor activities, which did not exceed one hour and a half per day. In August inmates in Building 14 undertook a hunger strike to protest religious discrimination, lack of access to medical facilities, and limits on family visitation due to COVID-19-related restrictions.

For humanitarian reasons in response to the COVID-19 pandemic, on March 12, the king pardoned 901 prisoners, and on May 23, he pardoned and released 154 more to mark Ramadan; these releases followed a December 2019 pardon of 268 prisoners. Most of those were juveniles, patients who needed special care, and foreigners. The remaining 585 inmates, who had served half of their jail terms, reportedly received noncustodial sentences.

In December the minister of justice, Islamic affairs, and endowments announced that 4,208 prisoners had either been pardoned and released or granted noncustodial sentences under the country’s alternative sentencing law since 2017 and all juvenile inmates were released, in part due to concerns about overcrowding and COVID-19.

Although the government reported potable water was available for all detainees, there were reports of lack of access to water for washing, lack of shower facilities and soap, and unhygienic toilet facilities. On August 10, BIRD reported that Jaw Prison and Dry Dock detected a scabies outbreak due to poor hygiene practices during the COVID-19 pandemic.

Human rights organizations reported food was adequate for most prisoners; however, prisoners needing dietary accommodations due to medical conditions had difficulty receiving special dietary provisions.

Authorities held detainees younger than age 15 at the Juvenile Care Center; criminal records are expunged after detainees younger than 15 are released.

The government housed convicted male inmates between ages 15 and 21 in separate buildings located on the grounds of the Dry Dock Facility. The Ministry of Interior separated prisoners younger than 18 from those between the ages of 18 and 21. Upon reaching 21, prisoners enter the general population at Jaw Prison.

The Ministry of Interior reserved one ward in the pretrial detention center for the elderly and special needs detainees. Officials reported they offered these detainees special food, health care, and personal services to meet their needs.

The ministry operated a center for rehabilitation and vocational training, including various educational, drug addiction, and behavioral programs. Activists said that the programs lacked trained teachers and adequate supplies and that the government did not allow some inmates to take national exams. According to the minister of justice, Islamic affairs, and endowments, inmates released provisionally under the country’s alternative sentencing law were allowed to work at government offices, both in service and administrative positions, to complete the remainder of their prison sentences. In December the minister confirmed to the National Assembly that 22 government offices provide jobs and vocational training to prisoners released under the program, in addition to nine private-sector companies and civil society institutions.

Although the ministry reported detention centers were staffed with experienced medical specialists and outfitted with modern equipment, prisoners needing medical attention reported difficulty in alerting guards to their needs, and medical clinics at the facilities were understaffed. Prisoners with chronic medical conditions had difficulty accessing regular medical care, including access to routine medication. Those needing transportation to outside medical facilities reported delays in scheduling offsite treatment or very short stays in the hospital, especially those needing follow-up care for complex or chronic conditions.

In response to the COVID-19 pandemic, the ministry’s General Directorate of Reformation and Rehabilitation stated it disinfected cells on a daily basis and provided prisoners with medical kits and hygiene products. New inmates were quarantined for 14 days before they joined the general prison population.

According to the government, eight prisoners died during the year; the cause of death of seven was deemed a result of medical conditions and one a reported suicide.

Administration: Authorities generally allowed prisoners to file complaints to judicial authorities without censorship, and officials from the Ombudsman’s Office were available to respond to complaints. Human rights groups reportedly sometimes had to file multiple complaints to receive assistance. Prisoners had access to visitors at least once a month, often more frequently, and authorities permitted them 30 minutes of calls each week, although authorities denied prisoners communication with lawyers, family members, or consular officials (in the case of foreign detainees) at times. In response to the COVID-19 pandemic, the Ministry of Interior’s General Directorate of Reformation and Rehabilitation suspended family visits in March, replacing visits with video conferences between detainees and their relatives beginning in April.

There were reports authorities denied prisoners access to religious services during special commemorations, such as Ashura, and prayer time. Some detainees reported prison officials limited time provided for Ashura rituals citing COVID-19 mitigation efforts, but the National Institution for Human Rights (NIHR), a government human rights body monitoring complaints of human rights violations, said inmates were given additional time to practice Ashura rituals in common areas, adding no religious rituals were allowed in prison cells as a matter of general policy.

Independent Monitoring: Authorities permitted access for the NIHR and the Prisoners and Detainees Rights Commission (PDRC), as well as the Ombudsman’s Office and the SIU (see section 5). International human rights organizations questioned the independence and effectiveness of these organizations. During the year the Ministry of Interior reported on the work of the Internal Audit and Investigations Department, which received and examined complaints against security forces. According to its seventh annual report, the Ombudsman’s Office received 207 complaints between May 2019 and April 2020, and it referred 23 of the cases to the SIU for further action, 25 for security prosecution, and two cases to the disciplinary committee. The office continued to investigate 21 cases. The largest number of referred cases came from Jaw Prison and the CID. The Ombudsman’s Office also received 683 assistance requests, which included securing prison visits, telephone calls, medical services, or access to education. Due to intermittent closures of government offices during the COVID-19 pandemic, the Ombudsman’s Office established a WhatsApp account and continued to receive complaints via email.

During the fourth quarter of 2019, the SIU referred 12 suspects from Ministry of Interior to the courts, including two senior officials, who were accused of physically attacking inmates in Jaw Prison in April 2019. After a December 2019 hearing, the Lower Criminal Court convicted one prison guard to one year in prison and sentenced five others to three months in prison. Two other prison guards were referred to the ministry’s Military Court to receive disciplinary sentences.

Improvements: Government officials reported the completion of three new Jaw Prison buildings to phase out older facilities and better comply with international standards, including the Istanbul Protocol.

The constitution prohibits arbitrary arrest and detention. Local and international human rights groups reported that individuals were detained without being notified at the time of the arrest of the legal authority of the person conducting the arrest, the reasons for the arrest, and the charges against them. Human rights groups claimed Ministry of Interior agents conducted many arrests at private residences either without presenting an arrest warrant or presenting an inaccurate or incomplete one. Government officials disputed these claims.

In 2017 King Hamad reinstated the arrest authority of the National Security Agency (NSA), after it had been removed following criticism in the Bahrain Independent Commission of Inquiry. On June 26, the king issued an order renaming the NSA as the National Intelligence Agency (NIA). There were no reports of the NSA or NIA using its arrest authority during the year.

The law stipulates law enforcement officers may arrest individuals without a warrant only if they are caught committing certain crimes for which there is sufficient evidence to press charges. Additionally, the code of criminal procedure requires execution of an arrest warrant before a summons order to appear before the public prosecutor. Local activists reported that police sometimes made arrests without presenting a warrant and that the Public Prosecutor’s Office summoned political and human rights activists for questioning without a warrant or court order.

By law the arresting authority must interrogate an arrested individual immediately and may not detain the person for more than 48 hours, after which authorities must either release the detainee or transfer the person to the Public Prosecutor’s Office for further questioning. The office is required to question the detainee within 24 hours, and the detainee has the right to legal counsel during questioning. To hold the detainee longer, the office must issue a formal detention order based on the charges against the detainee. Authorities may extend detention up to seven days for further questioning. If authorities require any further extension, the detainee must appear before a judge, who may authorize a further extension not exceeding 45 days. The High Criminal Court must authorize any extensions beyond that period and any renewals at 45-day intervals. In the case of alleged acts of terror, law enforcement officers may detain individuals for questioning for an initial five days, which the Public Prosecutor’s Office may extend up to 60 days. A functioning system of bail provides maximum and minimum bail amounts based on the charges; however, judges often denied bail requests without explanation, even in nonviolent cases. The bail law allows the presiding judge to determine the amount within these parameters on a case-by-case basis.

Attorneys reported difficulty in gaining access to their clients in a timely manner through all stages of the legal process. They reported difficulty registering as a detainee’s legal representative because of arbitrary bureaucratic hurdles and lack of official government notaries; arbitrary questioning of credentials by police; lack of notification of clients’ location in custody; arbitrary requirements to seek court orders to meet clients; prohibitions on meeting clients in private; prohibitions on passing legal documents to clients; questioning of clients by the Public Prosecutor’s Office on very short notice; lack of access to clients during police questioning; and lack of access to consult with clients in court. While the state provides counsel to indigent detainees, there were reports detainees never met with their state-appointed attorney before or during their trial.

According to reports by local and international human rights groups, authorities held some detainees for weeks with limited access to outside resources. The government sometimes withheld information from detainees and their families regarding detainees’ whereabouts for days.

Arbitrary Arrest: Human rights groups reported the Ministry of Interior sometimes arrested individuals for activities such as calling for and attending protests and demonstrations, expressing their opinion either in public or on social media, and associating with persons of interest to law enforcement. Some of these detained individuals reported arresting forces did not show them warrants.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: There were reports that authorities sometimes delayed or limited an individual’s access to an attorney. There were no reports of courts finding individuals to have been unlawfully detained and recommending compensation. On May 18, the Minister of Justice issued an order allowing defendants’ legal representatives to attend court proceedings virtually if the defendant requested it.

Although the constitution provides for an independent judiciary, political opposition figures reported the judiciary remained vulnerable to political pressure, especially in high-profile cases. The judiciary has two branches: the civil law courts deal with all commercial, civil, and criminal cases, including family issues of non-Muslims, and the family law courts handle personal status cases of Muslims. Based on the Unified Family Law, the government subdivided family court cases into Sunni and Shia sharia-based court proceedings. Some judges were foreign citizens, serving on limited-term contracts subject to government approval for renewal and residence. The Supreme Judicial Council reported working with the Judicial Legal Studies Institute to prepare, on average, 10 new Bahraini judges per year, in an effort to increase their number. The Supreme Judicial Council is responsible for supervising the work of the courts, including judges, and the Public Prosecutor’s Office.

On June 15, the Court of Cassation upheld the death sentences of Zuhair Ebrahim Jassim and Hussain Abdulla Khalil Rashid. Both were prosecuted on charges of targeting security forces and killing a police officer in 2014.

On July 13, the Court of Cassation upheld the death sentences of Husain Moosa and Mohammed Ramadan. Human rights groups claimed there was evidence of torture during their interrogations. Following their 2014 convictions and death sentences by the Court of Cassation, the SIU launched a review of allegations of torture, and the Court of Cassation overturned the sentences based on the SIU’s findings and called for a retrial. In January the Supreme Court of Appeals convicted Moosa and Ramadan and reinstated their death sentences, which the Court of Cassation upheld in July. There were 10 other detainees whose death sentences had been upheld by the Court of Cassation in Bahrain.

The constitution presumes defendants are innocent until proven guilty. By law authorities should inform detainees of the charges against them upon arrest. Civil and criminal trial procedures provide for a public trial. A panel of three judges makes the rulings. Defendants have the right to consult an attorney of their choice within 48 hours (unless the government charges them pursuant to counterterrorism legislation); however, there were reports that defendants and their lawyers had difficulty getting police, public prosecutors, and courts to recognize or register representation by an attorney. The government provides counsel at public expense to indigent defendants. Plaintiffs are required to provide their own interpreters, except in labor dispute cases, when the Ministry of Justice, Islamic Affairs, and Endowments may provide assistance.

Defendants have the right to present witnesses and evidence on their behalf. While defendants have the right to question witnesses against them, the judges may declare the questions to be irrelevant and prohibit a line of questioning without providing reasoning. Prosecutors rarely present evidence orally in court but provide it in written and digital formats to judges in their chambers. Defendants are not compelled to testify or to confess guilt, and they have the right to appeal. The government may try defendants in their absence, and at least 27 defendants with terrorism-related charges were convicted and sentenced in absentia during the year.

Family status law varied according to Shia or Sunni interpretations of Islamic law, especially for women (see section 6). In 2017 the government codified a Unified Family Law, which for the first time included a civil code for Shia family law. According to supporters of the law, the unified civil code protects women’s rights, in particular Shia women, from the imposition of arbitrary decisions by unregulated clerics. Women’s rights groups reported the family courts granted divorces more quickly and judicial decisions adhered to the new civil code.

In 2017 King Hamad also ratified a constitutional amendment that grants military courts the right to try civilians accused of threatening the security of the state. Media reported the government approved the amendment to better fight terrorist cells, while activists claimed the change would jeopardize fair trial standards. The government did not use this mechanism during the year.

In November 2019 the Public Prosecutor’s Office announced the release of 75 prisoners, most of whom were considered political prisoners, under the country’s alternative sentencing law. Prominent political opposition figures serving life sentences did not benefit from application of the alternative sentencing law and were held separately from the general prison population.

The alternative sentencing law was applied to the sentences of dozens considered political prisoners, including female inmates, who were all released. The Bahrain Center for Human Rights and opposition groups welcomed application of the alternative sentencing law. In November 2019 human rights activist Ebtisam al-Saegh posted a photograph with released prisoner Mujtaba al-Abbar and said he was the first political prisoner to receive an alternative sentence.

In June the government released prominent human rights activist and president of Bahrain Center for Human Rights (BCHR) Nabeel Rajab, who was sentenced in 2018 to five years in prison on charges of “inciting hatred against the regime.”

Leader of the Amal opposition Society Khalil al-Halwachi was arrested in 2014, convicted of “possession of a weapon” and “insulting the judiciary” in 2017, and sentenced to 10 years in prison. Authorities refused to grant al-Halwachi an alternative noncustodial sentence, and his family continued to call for his release on humanitarian grounds amid concerns over his health.

During the year two persons were charged with “colluding” with Qatar and were sentenced to three to five years in prison. This was the second time the government charged citizens with “collusion,” following prior prosecutions of three members of a dissolved political society.

Citizens may submit civil suits before a court seeking cessation of or damages for some types of human rights violations. In many such situations, however, the law prevents citizens from filing civil suits against security agencies.

In cases where a person has no previous criminal history, is a minor, or is charged with minor legal infractions, the law provides alternative penalties and measures to reduce the number of inmates in detention centers and prisons. The government reported using the alternative sentencing law for more than 4,000 convicts since 2017, according to the Minister of Justice, Islamic Affairs, and Endowments. They were ordered to perform community service; pay their fines, debts, or both; or participate in job training and rehabilitation classes. The law on minors prohibits the imposition of prison terms on children, defined as younger than 15.

Although the constitution prohibits such actions, the government violated prohibitions against interference with privacy, family, home, or correspondence. Human rights organizations reported security forces sometimes entered homes without authorization and destroyed or confiscated personal property. The law requires the government to obtain a court order before monitoring telephone calls, email, and personal correspondence. Many citizens and human rights organizations believed police used informant networks, including ones that targeted or used children younger than 18.

Reports also indicated the government used computer programs to surveil political activists and members of the opposition inside and outside the country.

According to local and international human rights groups, security officials sometimes threatened a detainee’s family members with reprisals for the detainee’s unwillingness to cooperate during interrogations and refusal to sign confession statements.

The constitution provides for the rights to life and personal liberty. There were numerous reports, however, that the government or its agents committed arbitrary or unlawful killings.

Law enforcement raids occurred throughout the year, primarily to counter terrorist activity, drugs, and illegal firearms. Suspicious deaths occurred during some raids, arrests, and other law enforcement operations. Security forces frequently accounted for such deaths by claiming–when they took a suspect in custody to a crime scene to recover weapons or identify coconspirators–accomplices fired on police and killed the suspect. The government usually described these deaths as “crossfire killings,” “gunfights,” or “encounter killings.” The media also used these terms to describe legitimate uses of police force. Human rights organizations and media outlets claimed many of these crossfire incidents actually constituted extrajudicial killings. Human rights organizations claimed in some cases law enforcement units detained, interrogated, and tortured suspects, brought them back to the scene of the original arrest, executed them, and ascribed the death to lawful self-defense in response to violent attacks.

Police policy requires automatic internal investigations of all significant uses of force by police, including actions that resulted in serious physical injury or death, usually by a professional standards unit that reports directly to the Inspector General of Police. The government, however, neither released statistics on total killings by security personnel nor took comprehensive measures to investigate cases. Human rights groups expressed skepticism over the independence and professional standards of the units conducting these assessments. In the few known instances in which the government brought charges, those found guilty generally received administrative punishment.

Domestic human rights organization Ain o Salish Kendra (ASK) reported 196 incidents of alleged extrajudicial killings between January and July 28. According to ASK, many of these killings involved the Rapid Action Battalion–a paramilitary police force–the conventional police force, and Border Guards Bangladesh. In 2019 ASK reported a total of 388 incidents of alleged extrajudicial executions, down from 466 incidents in 2018. Human rights organizations and civil society expressed concern over the alleged extrajudicial killings and arrests, claiming many of the victims were innocent.

In September, Amnesty International said more than 100 Rohingya refugees were victims of extrajudicial killings in the country since 2017. In Cox’s Bazar, the site of Rohingya refugee camps, Rohingya comprised a disproportionate percentage of reported “crossfire” killings. The press reported in July that security forces killed 22 individuals, suspected mostly of conducting drug deals, in reported gunfights with police. At least 10 were Rohingya. In response to these reports, Home Minister Asaduzzaman Khan refuted characterizations of the Rohingya as “victims” of extrajudicial killings and said they were “armed narcotics smugglers” crossing Myanmar into Bangladesh. After speaking with family members of the deceased, Amnesty International reported several of the killed Rohingya were picked up from their homes by the police and then found dead.

On July 31, police in Cox’s Bazar shot and killed “Sinha” Md Rashed Khan, a retired army major at a police vehicle checkpoint. Police reported Sinha “brandished” a gun, while eyewitnesses said Sinha had left the firearm in the car when he was asked by police to exit the vehicle. Sinha’s killing generated intense public discussion on police, extrajudicial killings, and law enforcement excesses. In August the Ministry of Home Affairs convened a senior investigation committee in response to the killing, suspending 21 police officers and charging nine police officers in connection with Sinha’s death.

Also in August a news outlet released a Facebook video showing the senior police officer arrested, Pradeep Das, openly admitting to killing drug suspects in “crossfires.” In 2019 Das received the highest police award after boasting of his involvement in extrajudicial killings. In September the police administration transferred almost all 1,500 police officers in Cox’s Bazar to other posts. While the police called the transfer an “administrative move,” the media called this action “unprecedented” and observers cited in the report said the action was made as part of a “corrective campaign” in connection with public outcry following Sinha’s death. In October media reported September was the first month since 2009 without a report of an extrajudicial killing.

Human rights groups and media reported disappearances and kidnappings continued, allegedly committed by security services. The government made limited efforts to prevent or investigate such acts. Civil society organizations reported victims of enforced disappearance were mostly opposition leaders, activists, and dissidents. Following alleged disappearances, security forces released some individuals without charge, arrested others, found some dead, and never found others. In a 2019 report discussing enforced disappearances, the Paris-based organization International Federation of Human Rights concluded enforced disappearances followed a pattern that included disappeared individuals previously targeted by authorities; witnesses observed similar law enforcement tactics when detaining individuals who later disappeared, and following the disappearance, authorities treated relatives either dismissively or with threats.

The government did not respond to a request from the UN Working Group on Enforced Disappearances to visit the country.

On March 10, photojournalist and news editor Shafiqul Islam Kajol disappeared after leaving his house for work. The previous day a member of parliament filed a case against Kajol and 31 others, claiming a media story covering a crime syndicate involving drugs, money, and prostitution defamed the member of parliament. On May 3, police in the border town Benapole confirmed to the press that Kajol was “rescued” near the border with India border and detained him on trespassing charges. Kajol’s family told the press they believe Kajol was forcibly disappeared and held in government detention from March through May. Kajol spent 237 days in prison on defamation charges and was released on bail on December 25.

Although the constitution and law prohibit torture and other cruel, inhuman, or degrading treatment or punishment, local and international human rights organizations and media reported security forces, including intelligence services and police, employed torture and cruel, inhuman, or degrading treatment or punishment. According to multiple organizations, including the UN Committee against Torture (CAT), security forces reportedly used torture to gather information from alleged militants and members of political opposition parties. Security forces reportedly used threats, beatings, kneecappings, electric shock, rape, and other sexual abuse. Numerous organizations also claimed security forces were involved in widespread and routine commission of torture–occasionally resulting in death–for the purpose of soliciting payment of bribes or obtaining confessions. According to these organizations, impunity for government actors committing torture was extensive. Politicization of crimes was a factor in impunity for custodial torture. During the government’s 2019 statement to the CAT, the Bangladesh government has a “zero tolerance” policy against custodial death; however, allegations of law enforcement committing torture and other forms of mistreatment were not investigated. In September a Dhaka court issued a verdict under the Torture and Custodial Death (Prevention) Act for the first time and sentenced three police officers to life imprisonment and two others to seven years in prison over the 2014 custodial death of Ishtiaque Hossain Jonny. In 2019 the CAT expressed concerns with allegations of widespread use of torture and mistreatment by law enforcement officials to obtain confessions or to solicit the payment of bribes. The CAT report also cited the lack of publicly available information on abuse cases and the failure to ensure accountability for law enforcement agencies, particularly the Rapid Action Battalion.

In June media reported the police’s cruel treatment and extortion of university student Imran Hossain, who suffered kidney damage after an encounter with law enforcement. According to news reports, Hossain was returning home with a friend in June when police from Sajiali camp stopped them and demanded to search their bags. Hossain ran away, leading police to chase and beat him until he lost consciousness. When he regained consciousness, police said he was arrested with cannabis in his possession. Police then released Hossain in exchange for a bribe of 6,000 taka ($71) and threatened to place him in interrogative custody if he told anyone about the incident. When Hossain returned home, his condition deteriorated and he was admitted to Queen’s Hospital in Jashore, where a kidney specialist reported Hossain’s kidneys had stopped working and that he would need regular dialysis. Following news reports of the incident, two Supreme Court lawyers submitted a writ petition to the High Court seeking the government take necessary action against the police responsible for torturing Hossain. In response to the High Court request, the Superintendent of Jashore police submitted an investigative report to the Court, saying three police officers had taken “unethical benefits” from Hossain’s father in exchange for releasing him from custody.

The law contains provisions allowing a magistrate to place a suspect in interrogative custody, known as remand, during which questioning of the suspect can take place without a lawyer present. Human rights organizations alleged many instances of torture occurred during remand.

In September the international organization Reporters without Borders (RSF) reported the release of news editor and journalist Faridul Mostafa after an 11-month detention following news coverage of corruption in connection with local government authorities and drug trafficking. In stories published before his detention, Mostafa’s reporting alleged a connection between Teknaf police officer-in-charge Pradeep Das and local drug cartels. Mostafa was arrested on September 2019 and according to his wife, tortured in custody. When Mostafa appeared in court three days after his arrest, his wife said his hands and legs were broken, and the nails of his fingers and toes were pulled out. His eyesight had been badly affected by red chili powder rubbed in his eyes and he was forced to drink sewage water, causing severe diarrhea. The RSF said police planted drugs, firearms, and alcohol and pretended to discover them as grounds to keep Mostafa in jail. Mostafa was released in August, following the arrest of Das in connection with a retired army major’s killing (see section 1.a.).

Prison and Detention Center Conditions

Prison conditions were harsh and at times life threatening due to severe overcrowding, inadequate facilities, and a lack of proper sanitation. There were no private detention facilities.

Physical Conditions: According to the Assistant Inspector General of Prisons, in March more than 89,000 prisoners occupied a system designed to hold 41,244 inmates. When the first COVID-19 cases appeared in the country in March, federal authorities instituted a policy requiring prison authorities to screen all incoming inmates for symptoms and keep them in a short quarantine. Superintendents at field prisons said they had no capacity to isolate inmates infected by COVID-19. Authorities often incarcerated pretrial detainees with convicted prisoners.

Officials reported only 11 prison doctors provide care to the 89,000 inmates, causing prisons to employ nurses or pharmacists to provide medical care to them.

Conditions in prisons, and often within the same prison complex, varied widely. Authorities lodged some prisoners in areas subject to high temperatures, poor ventilation, and overcrowding. The law allows individuals whom prison officials designated as “very important persons” (VIP) to access “Division A” prison facilities with improved living conditions and food, more frequent family visitation rights, and the provision of another prisoner without VIP status to serve as an aide in the cell.

While the law requires holding juveniles separately from adults, authorities incarcerated many juveniles with adults. Children were sometimes imprisoned (occasionally with their mothers) despite laws and court decisions prohibiting the imprisonment of minors. Authorities held female prisoners separately from men.

In August, three male youths died in a juvenile correction center in Jashore. Officials at the correction center said the boys were killed in a fight with other inmates; however, days after the incident, the Bangladesh National Women Lawyers Association reported allegations of torture in the correction center and demanded a separate judicial inquiry into the death. A journalist reported juvenile centers made no effort to rehabilitate youths in custody, had appointed officials not trained to handle juvenile delinquency, and treated the youths as criminals as opposed to juveniles with special needs. The investigative report found “huge irregularities” in providing food, medicines, and other essentials and said the youths were tortured for protesting these irregularities. In at least one instance, inmates deemed “loyal” were used to torture defiant inmates.

Although Dhaka’s central jail had facilities for those with mental disabilities, not all detention facilities had such facilities, nor are they required by law. Judges may reduce punishments for persons with disabilities on humanitarian grounds. Jailors also may make special arrangements, for example, by transferring inmates with disabilities to a prison hospital.

Administration: Prisons had no ombudsperson to whom prisoners could submit complaints. Prisons lacked any formal process for offenders to submit grievances. The scope for retraining and rehabilitation programs was extremely limited.

Independent Monitoring: The government permitted visits from governmental inspectors and nongovernmental observers who were aligned with the incumbent party. No reports on these inspections were released.

The constitution prohibits arbitrary arrest and detention, but the law permits authorities to arrest and detain an individual without an order from a magistrate or a warrant if authorities perceive the individual may constitute a threat to security and public order. The law also permits authorities to arrest and detain individuals without an order from a magistrate or a warrant if authorities perceive the individual is involved with a “cognizable offense.” The constitution provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, but the government did not generally observe these requirements. Media, civil society, and human rights organizations accused the government of conducting enforced disappearances not only against suspected militants but also against civil society and opposition party members. Authorities sometimes held detainees without divulging their whereabouts or circumstances to family or legal counsel, or without acknowledging having arrested them.

The constitution requires arrests and detentions be authorized by a warrant or occur as a result of observation of a crime in progress, but the law grants broad exceptions to these protections.

Under the constitution, detainees must be brought before a judicial officer to face charges within 24 hours, but this was not regularly enforced. The government or a district magistrate may order a person detained for 30 days to prevent the commission of an act that could threaten national security; however, authorities sometimes held detainees for longer periods with impunity.

There is a functioning bail system, but law enforcement routinely rearrested bailed individuals on other charges, despite a 2016 directive from the Supreme Court’s Appellate Division prohibiting rearrest of persons in new cases without producing them in court when they are released on bail.

Authorities generally permitted defense lawyers to meet with their clients only after formal charges were filed in the courts, which in some cases occurred weeks or months after the initial arrest. Detainees are legally entitled to counsel even if they cannot afford to pay for it, but the country lacked sufficient funds to provide this.

Arbitrary Arrest: Arbitrary arrests occurred, often in conjunction with political demonstrations or as part of security force responses to terrorist activity, and the government held persons in detention without specific charges, sometimes in an attempt to collect information regarding other suspects. The expansiveness of the 1974 Special Powers Act grants a legal justification for arrests that would often otherwise be considered arbitrary, since it removes the requirement arrests be based on crimes that have occurred previously. Human rights activists claimed police falsely constructed cases to target opposition leaders, workers, and supporters, and that the government used the law enforcement agency to crack down on political rivals.

According to news reports, between July and September government authorities arrested at least 251 returning migrant workers from Southeast Asia and the Middle East with allegations of “tarnishing the image of [Bangladesh].” Amnesty International said the number of arrested workers was at least 370. In response to media queries, the police said the migrant workers’ destination countries had requested authorities to detain the workers once they returned to the country; however, human rights groups characterized these requests as specious and said while some of the returning workers were jailed abroad, they had all either completed their sentences or had their sentences commuted due to COVID-19. Prior to their detention in Bangladesh, several of the jailed returnee migrant workers said they were victims of human trafficking in their destination country. Approximately 80 detained migrant workers received bail in October, while the rest remained in prison. On October 8, the High Court directed a Dhaka police station to appear before the court to explain the legal reason for the migrants’ detention.

Pretrial Detention: Arbitrary and lengthy pretrial detention continued due to bureaucratic inefficiencies, limited resources, lax enforcement of pretrial rules, and corruption. In some cases the length of pretrial detention equaled or exceeded the sentence for the alleged crime.

The law provides for an independent judiciary, but corruption and political interference compromised its independence.

Human rights observers maintained magistrates, attorneys, and court officials demanded bribes from defendants in many cases, or courts ruled based on influence from or loyalty to political patronage networks. Observers claimed judges who made decisions unfavorable to the government risked transfer to other jurisdictions. Officials reportedly discouraged lawyers from representing defendants in certain cases.

Corruption and a substantial backlog of cases hindered the court system, and the granting of extended continuances effectively prevented many defendants from obtaining fair trials.

In September the High Court ordered BRAC Bank to pay 1.5 million taka ($17,705) to Jahalam, a jute factory worker held for three years and repeatedly misidentified as another man accused of fraud and embezzlement, for his wrongful imprisonment since two of BRAC Bank’s officials supplied a photo of Jahalam instead of the real accused. In delivering the verdict, the High Court cautioned the Anti-Corruption Commission to be careful in investigating inquiries and in appointing investigating officers so that similar incidents did not occur in the future. The court also expressed appreciation to the two media outlets for publishing reports on Jahalam’s wrongful imprisonment.

The constitution provides the right to a fair and public trial, but the judiciary did not always protect this right due to corruption, partisanship, and weak human resources.

Defendants are presumed innocent, have the right to appeal, and have the right to be informed promptly and in detail of the charges against them. Defendants do not have the right to a timely trial. The accused are entitled to be present at their public trial. Indigent defendants have the right to a public defender. Trials are conducted in the Bengali language; the government does not provide free interpretation for defendants who cannot understand or speak Bengali. Defendants have the right to adequate time to prepare a defense.

Accused persons have the right to confront prosecution or plaintiff witnesses and present their own witnesses and evidence. They also have the right not to be compelled to testify or confess guilt although defendants who do not confess are often kept in custody. The government frequently did not respect these rights.

Mobile courts headed by executive branch magistrates rendered immediate verdicts that often included prison terms to defendants who were not afforded the opportunity for legal representation. In June the High Court ruled mobile courts could not hold trials against children.

In March a mobile court accompanied by a group of law enforcement officers and magistrates in Kurigram district broke into the home of journalist Ariful Islam, beat him, took him to the deputy commissioner’s office, and sentenced him to one year in prison on charges of possessing narcotics. Within days, the minister for public administration said the deputy commissioner would be removed for “irregularities” in Islam’s case. Legal experts called the mobile court’s actions illegal because the court did not have the authority to break into Islam’s home and beat him. In September the same ministry established an official committee to investigate the incident related to the “illegal arrest, torture, and punishment” of Islam.

There were reports of political prisoners or detainees. Political affiliation often appeared to be a factor in claims of arrest and prosecution of members of opposition parties, including through spurious charges under the pretext of responding to national security threats. Police jailed opposition party activists throughout the year for criticizing the government over its actions in managing COVID-19.

In February 2018 former prime minister of Bangladesh and chairperson of the opposition Bangladesh National Party (BNP), Khaleda Zia, was sentenced to five years’ imprisonment on corruption and embezzlement charges, which were first filed in 2008 under a nonpartisan caretaker government. In October 2018 the High Court increased her sentence to 10 years. International and domestic legal experts commented on the lack of evidence to support the conviction, suggesting a political ploy to remove the leader of the opposition from the electoral process. The courts were generally slow in considering petitions for bail on her behalf. In March the government suspended Zia’s sentence for six months on humanitarian grounds, and suspended it again in September for another six months. In both instances the government restricted Zia’s travel, saying she would receive medical treatment in Dhaka and could not travel abroad.

On July 3, the court sentenced nine men to death and 25 men to life imprisonment for a 1994 attack on a train carrying Prime Minister Sheikh Hasina; at the time she was the leader of the opposition party. The convicted persons were all BNP members. BNP Secretary General Mirza Fakhrul Islam Alamgir condemned the verdict and said the case was “fake and fabricated,” alleging the Awami League had staged the attack.

Individuals and organizations may seek judicial remedies for human rights violations; however, lack of public faith in the court system deterred many from filing complaints. While the law has a provision for an ombudsperson, one had not been established.

In September a Dhaka court sentenced three police officers to life imprisonment and two others to seven years in prison over the 2014 custodial death of Ishtiaque Hossain Jonny. The convicted were also fined, funds payable to Jonny’s family. This was the first verdict under the Torture and Custodial Death (Prevention) Act, 2013.

The government did not implement a 2001 act to accelerate the process of return of land to primarily Hindu individuals (see section 6). The act allows the government to confiscate property of anyone whom it declares to be an enemy of the state. It was often used to seize property abandoned by minority religious groups when they fled the country, particularly after the 1971 independence war.

Minority communities continued to report land ownership disputes that disproportionately displaced minorities, especially in areas near new roads or industrial development zones where land prices had increased. They also claimed local police, civil authorities, and political leaders were sometimes involved in evictions or shielded politically influential land grabbers from prosecution (see section 6). In 2016 the government amended a law which may allow for land restitution for indigenous persons living in the Chittagong Hill Tracts (CHT), but the disputes have not been resolved (see section 2.d.).

The law does not prohibit arbitrary interference with private correspondence. Intelligence and law enforcement agencies may monitor private communications with the permission of the Ministry of Home Affairs, but police rarely obtained such permission from the courts to monitor private correspondence. Human rights organizations alleged the police, the National Security Intelligence, and the Directorate General of Forces Intelligence employed informers to conduct surveillance and report on citizens perceived to be critical of the government.

Between March and September, the government became increasingly active in monitoring social media sites and other electronic communications in order to scan public discussions on COVID-19 and the government’s handling of the virus. In March the Information Ministry announced the formation of a unit to monitor social media and television outlets for “rumors” related to COVID-19.

In September the High Court asserted citizens’ right to privacy and said the collection of call lists or conversations from public or private phone companies without formal approval and knowledge of the individual must stop. In its verdict the court stated, “It is our common experience that nowadays private communications among citizens, including their audios/videos, are often leaked and published in social media for different purposes.”

During the year there were reliable reports that the government or its agents committed arbitrary or unlawful killings and deaths from torture were reported.

In the wake of the August 9 presidential election, riot police, internal troops, and plainclothes security officers violently suppressed mass protests. At least four individuals died as a result of police violence, shooting by members of the security forces, or the government’s failure to provide medical assistance.

For example, on August 10, police in Minsk shot protester Alyaksandr Taraykouski during a demonstration. Authorities’ claims that Taraykouski was killed when an explosive device he was holding detonated were contradicted by eyewitness accounts and video footage of the incident, in which security forces clearly appeared to shoot Taraykouski in the chest as he approached them with his empty hands raised. The Investigative Committee initiated an investigation into the case but suspended it on November 13. As of December a criminal case had not been initiated in this matter.

On November 2, a representative of the Investigative Committee, the law enforcement body charged with investigating police violence in the country, told the United Nations that the committee was not investigating any allegations of police abuse and declared “currently there have been no identified cases of unlawful acts by the police.” The representative blamed protest organizers for using protesters as “cannon fodder” and bringing children to demonstrations.

On November 12, Raman Bandarenka died from head injuries and a collapsed lung after being severely beaten and detained on November 11 by masked, plainclothes security officers in Minsk. The detention and some beatings were captured on video. After being detained for several hours, Bandarenka was transferred unconscious to a hospital in Minsk where he died. The injuries that resulted in Bandarenka’s death were reportedly more severe than those he received during his arrest, and human rights activists concluded that he was subjected to additional severe abuses while detained. Authorities reportedly launched an inquiry into the incident.

During the year there were no reports of disappearances by or on behalf of government authorities.

There were, however, reports of abductions by security forces of opposition leaders. For example, on September 7, masked members of the security forces approached opposition leader Maryya Kalesnikava on the street in Minsk and forced her into a van. According to Kalesnikava’s lawyer, the men first took her to the Ministry of Internal Affair’s Main Directorate for Combatting Organized Crime and Corruption, where she was held for several hours without registering her detention. She was then brought to the central office of the Committee for State Security (BKGB), where she was told to depart the country voluntarily. After Kalesnikava refused, she was taken to the Ukrainian border on September 8, where authorities attempted to force her to leave the country. Kalesnikava tore up her passport to prevent expulsion from the country. She was subsequently arrested, taken back to Minsk, and placed in a detention center, where she remained as of December. On September 16, she was formally charged with “calling for actions that threaten national security.”

On January 16, the Investigative Committee announced it reopened suspended investigations into the 1999 disappearances of former deputy prime minister Viktar Hanchar and businessman Anatol Krasouski. In December 2019 the committee also reopened the investigation into the disappearance of former minister of internal affairs Yury Zakharanka after Yury Harauski, who claimed to be a former special rapid response unit officer, stated he participated in the forced disappearances and killings of Hanchar, Krasouski, and Zakharanka. In March the committee again suspended investigations due to a “failure to identify any suspects.” There was evidence of government involvement in the disappearances, but authorities continued to deny any connection with them. In December 2019 Lukashenka stated that politically motivated killings would be impossible without his orders, which he “[had] never and would never issue.”

The law prohibits such practices. Nevertheless, the BKGB, riot police, and other security forces, without identification and wearing street clothes and masks, regularly used excessive force against detainees and protesters. Security forces also reportedly mistreated individuals during investigations. Police regularly beat and tortured persons during detentions and arrests. According to human right nongovernmental organizations (NGOs) and former prisoners, prison authorities abused prisoners.

According to documented witness reports, on August 9-11, security officers physically abused inside detention vehicles, police stations, and detention facilities on a systemic scale across the country the majority of the approximately 6,700 persons detained during postelection civil unrest. The human rights NGO Vyasna documented more than 500 cases of torture and other severe abuse committed in police custody against postelection protest participants and independent election observers, opposition leaders, civil society activists, and average citizens.

Among the abuses documented were severe beatings; psychological humiliation; the use of stress positions; at least one reported case of rape and sexual abuse; use of electric shock devices and tear gas; and up to three days intentional deprivation of food, drinking water, hygiene products, the use of toilets, sleep, and medical assistance.

For example, according to Human Rights Watch, on August 11, police detained 18-year-old college student Alyaksandr Brukhanchik and two friends as they were walking at night in a residential area and handed them over to a group of Internal Affairs Ministry riot police officers. The officers took the students inside a minibus, beat them, cut their shorts in the buttocks area, threatened to rape them with a grenade, and then transferred them to another police van, forced them to crawl on the blood-spattered floor, and beat them again. An officer kicked Brukhanchik in the face. Brukhanchik presented Human Rights Watch with medical documentation consistent with his account.

There were widespread reports of rape threats and sexual abuse by government agents against both men and women, and at least one reported instance of rape against a detainee. According to the Organization for Security and Cooperation in Europe (OSCE) Moscow Mechanism Report, on August 11, a senior officer raped Ales, a 30-year-old information technology (IT) worker, with a truncheon after his arrest. While in a police van, the officer demanded that Ales unlock his cell phone. When Ales repeatedly refused, the officer cut his shorts and underwear in the back, put a condom on a truncheon, and raped him with it. The officer then further beat Ales. Ales provided NGOs with medical documentation consistent with his account. On November 6, Internal Affairs Ministry first deputy Henadz Kazakevich claimed “a man cannot be raped in accordance with Belarusian law.” By law, however, rape of both men and women is criminalized in the country (see section 6).

Impunity remained a significant problem in almost all branches of the security services, including police and the BKGB. Impunity was widespread and continued largely due to politicization of the security services. On November 2, the Investigative Committee confirmed that the government had not opened any criminal investigations into complaints of torture or police violence filed with the Investigative Committee. While Internal Affairs Minister Yury Karaeu apologized in August to “random residents detained during protests,” he justified the brutal crackdown and subsequent torture by claiming police responded to “aggression coming from protesters against security officers” and “protesters building barricades and resisting police.” Karaeu’s deputy, Alyaksandr Barsukou, who visited holding facilities in Minsk on August 14, dismissed reports of torture, falsely claiming no detainees complained of mistreatment.

According to the OSCE Moscow Mechanism Report, published on October 29, the “first period of postelection violence by the security forces has to be qualified as a period of systemic torture and mistreatment with the main purpose to punish demonstrators and to intimidate them and potential other protesters. To a lesser extent, the infliction of pain and suffering served the purpose of gaining information or confessions. The torture or inhuman and degrading treatment was intentional as it was widespread and systematic as well as targeted at the opposing protesters although some accidental bystanders also became victims of the crackdown. It followed a systematic and widespread pattern including Minsk and other cities.”

Prison and Detention Center Conditions

Prison and detention center conditions remained poor, and in many cases posed threats to life and health.

Physical Conditions: According to former detainees and human rights lawyers, there continued to be shortages of food, medicine, warm clothing, personal hygiene products, and bedding as well as inadequate access to basic or emergency medical care and clean drinking water. Detainees reported that prison officials deliberately denied detainees access to food, water, hygiene products, and necessary medical care, sometimes for several days, as a form of retribution. Overall sanitation was poor. Authorities made little effort to prevent the spread of COVID-19 in prisons, but at the same time used COVID-19 as a pretext to restrict access to visitors and distribution of food, hygiene, and clothing parcels.

Overcrowding of pretrial holding facilities and prisons generally was a problem; however, a May 22 amnesty law reduced the terms of at least 2,500 prisoners, resulting in their release. In the three days after the August 9 election, there was insufficient space in detention facilities for the thousands of detainees that were arrested on protest-related charges, especially in Minsk. Detention facilities were reportedly overcrowded with cells fit for five individuals housing 50 detainees, forcing detainees to take turns standing and resting.

Although there were isolated allegations that police placed underage suspects in pretrial detention facility cells with adult suspects and convicts, authorities generally held juvenile prisoners separately from adults at juvenile penal colonies, arrest houses, and pretrial holding facilities. Conditions for female and juvenile prisoners were generally better than for adult male prisoners.

Observers believed tuberculosis, pneumonia, HIV/AIDS, COVID-19, and other communicable diseases were widespread in prisons because of generally poor medical care.

Individuals detained for political reasons prior to the election or during protests following the August 9 presidential election appeared to face worse prison conditions than those of the general prison population, including more reports of torture and severe abuses.

Administration: Prisoners and detainees had limited access to visitors, and meetings with families were denied allegedly as a common punishment for disciplinary violations. Authorities restricted visitors to all detainees in a reported attempt to limit the spread of COVID-19 in facilities, despite the government’s official nonrecognition of the COVID-19 pandemic and failure to implement national quarantine measures.

Authorities generally prevented prisoners from holding religious services and performing ceremonies that did not comply with prison regulations, despite legal provisions for such practice. Belarusian Orthodox churches were located at a number of prison facilities and Orthodox clergy were generally allowed access to conduct services.

Former prisoners and their defense lawyers reported that prison officials often censored or did not forward their complaints to higher authorities and that prison administrators either ignored or selectively considered requests for investigation of alleged abuses. Prisoners also reported that prison administrators frequently refused to provide them with copies of responses to their complaints, which further complicated their defense. Complaints could result in retaliation against prisoners, including humiliation, death threats, or other forms of punishment and harassment. Former prisoners claimed some prison administrators’ repeated harassment resulted in suicides, which authorities neither investigated nor made public.

Corruption in prisons was a serious problem, and observers noted that parole often depended on bribes to prison personnel. Parole could also depend on a prisoner’s political affiliation.

Independent Monitoring: Despite numerous requests to the Ministry of Internal Affairs, government officials refused to approve requests from NGOs to visit detention and prison facilities and speak with the inmates.

The law limits arbitrary detention, but the government did not respect these limits. Authorities, including plainclothes security officers, arrested or detained thousands of individuals during peaceful protests and used administrative measures to detain political and civil society activists, as well as bystanders and journalists not involved in the protests, before, during, and after protests and other major public events, including those legally permitted in the framework of election campaigns.

By law police must request permission from a prosecutor to detain a person for more than three hours. Authorities may hold a criminal suspect for up to 10 days without filing formal charges and for up to 18 months after filing charges, but in some cases authorities detained persons beyond 18 months. By law detainees are allowed prompt access to a lawyer of their choice or one provided by the state free of charge, although authorities often delayed extending this right to high-profile political prisoners, who faced authorities without the presence of defense lawyers at the initial stages of an investigation. Prosecutors, investigators, and security-service agencies have legal authority to extend detention without consulting a judge. Detainees have the right to petition the court system regarding the legality of their detention, but authorities consistently suppressed or ignored such appeals. The country has no functioning bail system.

There were reports that persons were detained without judicial authorization.

There were some reports of detainees who were held incommunicado. During the initial arrests following the August 9 presidential election, police precincts fingerprinted detainees and processed them for subsequent trial at holding facilities but left them incommunicado.

In the weeks following the election, up to 80 persons were reported missing but were eventually located after authorities acknowledged their detention or released them. According to Radio Free Europe/Radio Liberty, on August 11, Yury Savitski, a supporter of jailed presidential candidate Viktar Babaryka, was abducted by six men in civilian clothing after attending a protest the previous day. His wife sought for days to establish his whereabouts, only to be told by authorities that there were too many prisoners and that many were not being officially registered. She was only able to determine his location and the charges he faced after waiting outside the holding facilities in Zhodzina with a photograph of her husband and asking released detainees whether they recognized him.

Arbitrary Arrest: Authorities detained political scientists, political leaders, presidential campaign participants, opposition leaders and members, civil society activists, and demonstrators for reasons widely considered to be politically motivated. In many cases authorities used administrative measures to detain political activists before, during, and after planned demonstrations, protests, and other public events. Security officials arbitrarily detained persons in areas where protesters peacefully lined streets or protests were expected (see section 2.b.).

For example, on May 6, authorities in Mahilyou detained popular blogger and potential presidential candidate Syarhey Tsikhanouski during a countrywide tour to speak with citizens. He had been given a delayed 15-day administrative sentence for participating in an unauthorized mass event in 2019. In response to his arrest, followers of his blog and livestreams began three days of countrywide protests. Security officers without judicial authorization detained and subsequently fined or sentenced more than 100 activists and Tsikhanouski supporters for allegedly participating in unauthorized mass events (see section 2.b., Peaceful Assembly, and section 3).

After opposition leader Viktar Babaryka’s arrest (see section 3), on June 28, BKGB and riot police officers arbitrarily detained at least 52 prominent businessmen, political figures, Babaryka supporters and campaign staff, as well as independent journalists who gathered outside the BKGB building to file requests for Babaryka’s release. Authorities released at least 12 local independent and foreign journalists and 33 other individuals after identification checks were conducted at police precincts. At least seven persons were subsequently tried on administrative charges of allegedly participating in unauthorized mass events and resisting police.

Security forces regularly detained bystanders, including those not involved with protests. For example, according to Human Rights Watch, on August 10, police detained construction worker Alyaksandr Gazimau near a Minsk shopping mall where a crowd of protesters had gathered. According to Gazimau, he was not participating in the protest and had just had dinner with a friend. When riot police arrived, the protesters started to run, and Gazimau ran as well. He fell while running and broke his leg. Police dragged him into a truck, beat him, intentionally stepped on his broken leg, and threatened to rape him with a truncheon. They passed him to another group of officers, who beat him again, took him to a local police precinct, where they forced him to stand on his broken leg, then forced him to the ground and intentionally kicked his broken leg again. He spent the night in the police precinct yard, and was transferred to holding facilities in Zhodzina prison, where he waited two days in the prison hospital before being transferred to a hospital for surgery. Independent media reported dozens of similar accounts of individuals, who were unaware of protest locations because of the government’s internet restrictions but were caught up along with protesters by security forces and arbitrarily detained.

Pretrial Detention: There were approximately 5,000 pretrial detainees in 2018, the latest year for which data were available. Information was not available regarding average length of time or how many continuing investigations were extended for lengthier periods. Observers believed there were a number of possible reasons for the delays, including political interference; charges being brought against individuals held in pretrial detention and investigations opened; new investigators taking over cases; cases that were complicated because they involved many suspects; and cases that required extensive forensic or other expert examinations and analysis. For example, during the year a former chief engineer of the Minsk Wheeled Tractor Factory Andrei Halavach was in the process of suing the government for compensation for the 4.5 years he spent in pretrial detention. Halavach was released in 2019 with all charges cleared and after being acquitted in two separate trials.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Detainees have the right to petition the court system regarding the legality of their detention, but authorities consistently suppressed or ignored such appeals. By law courts or prosecutors have 24 hours to issue a ruling on a detention and 72 hours on an arrest. Courts hold closed hearings in these cases, which the suspect, a defense lawyer, and other legal representatives may attend. Appeals to challenge detentions were generally denied.

The constitution provides for an independent judiciary, but authorities did not respect judicial independence and impartiality. Observers believed corruption, inefficiency, and political interference with judicial decisions were widespread. Courts convicted individuals on false and politically motivated charges brought by prosecutors, and observers believed that senior government leaders and local authorities dictated the outcomes of trials.

As in previous years, according to human rights groups, prosecutors wielded excessive and imbalanced authority because they may extend detention periods without the permission of judges. Defense lawyers were unable to examine investigation files, be present during investigations and interrogations, or examine evidence against defendants until a prosecutor formally brought the case to court. Lawyers found it difficult to challenge some evidence because the Prosecutor’s Office controlled all technical expertise. According to many defense attorneys, this power imbalance persisted, especially in politically motivated criminal and administrative cases. Courts did not exonerate criminal defendants except in rare circumstances.

There were reports of retaliatory prosecution and debarment of defense lawyers representing political campaigns, opposition leaders, and the opposition’s Coordination Council. For example, on September 24, Lyudmila Kazak, defense attorney for the opposition’s Coordination Council Presidium member Maryya Kalesnikava, disappeared. It later became known that she was abducted off the streets of Minsk by unidentified men and brought to a holding facility. Kazak was charged and found guilty of allegedly resisting detention by police at an opposition rally on August 30 that she had not attended. Kazak was fined approximately 675 rubles ($277) in what human rights organizations and Kazak herself called a politically motivated case in retaliation for her defense work on Kalesnikava’s case.

On October 15, prominent lawyer and member of the Minsk City Bar Association for 30 years Alyaksandr Pylchenka lost his license to practice law, allegedly for statements he made in an August 14 interview with independent media in which he called for legal measures to be taken by the prosecutor general to hold security forces accountable for the severe abuses of detainees arrested during postelection peaceful protests. Pylchenka defended presidential hopeful Viktar Babaryka and Presidium Coordination Council member Maryya Kalesnikava. Babaryka claimed the nullification of Pylchenka’s license was an attempt by authorities to deny him his rights to legal protection.

On September 9, authorities detained Coordination Council Presidium member and one of Babaryka’s defense attorneys Maksim Znak, along with Ilya Saley, a lawyer for the Coordination Council’s Presidium member Maryya Kalesnikava, after searching their apartments. Lawyers asserted that Znak was arrested in retaliation for his August 21 filing of a compliant with the Supreme Court calling for the August 9 presidential election results to be invalidated due to the widespread allegations of electoral fraud. Saley was arrested two days after Kalesnikava’s abduction by masked members of the security forces on charges of appealing for actions to damage the country’s national security and violently topple the government. Saley remained in detention until October 16, when he was placed under house arrest.

The law provides for the right to a fair and public trial, but authorities frequently disregarded this right. By law criminal defendants may be held up to 10 days without being notified of charges, but they must have adequate time to prepare a defense. Facilities, however, were not adequate and in many cases, meetings with lawyers were limited or were not confidential. In some cases authorities reportedly compelled suspects to testify against themselves or other suspects in their case, including confessing their guilt. In these cases authorities reportedly claimed sentences would be more lenient or defendants would receive other benefits. There were also reports of authorities coercing suspects into signing confessions and other statements.

The law provides for the presumption of innocence. Nevertheless, the lack of judicial independence, state media’s practice of reporting on high-profile cases as if guilt were already certain, and widespread limits on defense rights frequently placed the burden of proving innocence on the defendant.

The law also provides for public trials, but authorities occasionally held closed trials in judges’ chambers. Judges adjudicate all trials. For the most serious cases, two civilian advisers assist the judge.

The law provides defendants the right to attend proceedings, confront witnesses, and present evidence on their own behalf, but authorities did not always respect these rights. Some defendants were tried in absentia. In addition riot police or other security officers who testified against defendants in these cases did not identify themselves and testified wearing balaclavas due to “concern for their security.”

The law provides for access to legal counsel for the defendant and requires courts to appoint a lawyer for those who cannot afford one. Although by law defendants may ask for their trials to be conducted in Belarusian, most judges and prosecutors were not fluent in this language, rejected motions for interpreters, and proceeded in Russian, one of the official languages of the country. Interpreters are provided when the defendant speaks neither Belarusian nor Russian. The law provides for the right to choose legal representation freely; however, a presidential decree prohibits NGO members who are lawyers from representing individuals other than members of their organizations in court. The government’s past attempts to disbar attorneys who represented political opponents of the government further limited defendants’ choice of counsel. The government also required defense attorneys to sign nondisclosure statements that limited their ability to release any information regarding the case to the public, media, and even defendants’ family members.

In cases of administrative charges, including participating in unauthorized mass events and resisting law enforcement officers, judges often did not inform detained protesters of their right to defense counsel and dismissed counsels’ requests for additional witnesses testifying at trials. Authorities increasingly used video conferencing services to allow defendants to attend their hearings and trials remotely, purportedly to limit COVID-19 spread in detention facilities. After the August 9 election, however, abuses of this practice occurred when some detainees in the Zhodzina holding facility were reportedly tried “virtually” without defense lawyers or witnesses being granted access.

Some courts questioned the legality of contracts signed in advance between a defense lawyer and defendant or used the existence of these contracts against the defendant. For example, on September 11, a Minsk district court convicted and fined Paval Manko, an IT specialist, of purportedly participating in August 27 unauthorized mass events. Judge Zhana Khvainitskaya stated “the fact that Manko had a contract as of August 3 with his defense counsel demonstrated his direct intention to take part in unauthorized mass events.”

Courts often allowed statements obtained by force and threats of bodily harm during interrogations to be used against defendants.

Defendants have the right to appeal convictions, and most defendants did so. Nevertheless, appeals courts upheld the verdicts of the lower courts in the vast majority of cases.

The local human rights group Vyasna maintained what is widely considered a credible list of political prisoners in the country. As of December its list contained more than 160 names, including the cases of leading political opposition figures and their staff.

In one case, on September 2, authorities detained four employees of the IT company PandaDoc (Viktar Kuushynau, Dzmitry Rabtsevich, Yulia Shardyka, and Uladizlau Mikhalap). Two weeks earlier, the owner of the company, Mikita Mikada, publicly condemned political repression in the country and had colaunched a public initiative, Protect Belarus, aimed at financially supporting law enforcement officers who refused to take part in repression. Authorities charged the four employees with theft, for which conviction is punishable by up to 10 years in prison. The charges were widely viewed as both retaliation against Mikada and intended to deter political activism by other technology companies. On October 12, authorities released Rabtsevich, Shardyka, and Mikhalap to house arrest, but the charges were not dropped. As of late December, Kuushynau remained in detention, and Vyasna considered all four PandaDoc employees to be political prisoners.

Former political prisoners continued to be unable to exercise some civil and political rights.

The law provides that individuals may file lawsuits seeking damages for human rights violations, but the civil judiciary was not independent and was rarely impartial in such matters.

No laws provide for restitution or compensation for immovable private property confiscated during World War II, the Holocaust, or the Soviet period. In 2019 the government reported that, in the previous 11 years, it had not received any requests or claims from individuals, NGOs, or any other public organization, either Jewish or foreign, seeking compensation or restitution of any property.

For information regarding Holocaust-era property 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 law prohibits such actions, but the government did not respect these prohibitions. Authorities used wiretapping, video surveillance, and a network of informers that deprived persons of privacy.

The law requires a warrant before or immediately after conducting a search. The BKGB has authority to enter any building at any time, as long as it applies for a warrant within 24 hours after the entry.

There were reports authorities entered properties without judicial or other appropriate authorization. In August and September, multiple instances were reported of plainclothes officers forcing entry into private homes or businesses. These officers often refused to show identification or a warrant, or claimed it was sufficient for them to state their affiliation with a government agency and proceed with the entry. On September 7, an individual identified as head of the Ministry of Internal Affairs Main Directorate for Combatting Organized Crime and Corruption Mikalay Karpenkau repeatedly struck and broke the locked glass door of a cafe to allow security officials in civilian clothing to apprehend individuals who had supposedly participated in protests.

There were reports that authorities accessed, collected, or used private communications or personal data arbitrarily or unlawfully or without appropriate legal authority. For example, after the August 9 election, security officials occasionally threatened individuals detained during protests with violence or arrest if they did not unlock their cell phones for review. Officials also threatened individuals at detention facilities with harsher sentences if they did not unlock their cell phones. Security officials reportedly detained or issued harsher sentences for individuals with photos or social media accounts that officials regarded as pro-opposition or that showed security forces committing abuses.

According to the 2019 Freedom House Freedom on the Net Report, the country employs systematic, sophisticated surveillance techniques to monitor its citizens. Surveillance is believed to be omnipresent in the country. Since 2010 the government has utilized the Russian-developed System of Operative Investigative Measures, which provides authorities with direct, automated access to communications data from landline telephone networks, mobile service providers, and internet service providers. The government also blocked and filtered websites and social media platforms (see section 2.a., Internet Freedom). The country employs a centralized system of video monitoring cameras.

State television reportedly obtained state surveillance footage and wiretap transcripts from state security services that it used to produce progovernment documentaries and coverage.

According to activists, authorities employed informer systems at state enterprises after the August 9 presidential election to identify which workers would strike, as well as pressure workers not to join strike committees. “Ideology” officers were reportedly in charge of maintaining informer systems at state enterprises.

Family members were reportedly punished for offenses allegedly committed by their relatives. For example, a doctor at a hospital in Minsk, who quit in protest of police violence against peaceful demonstrators in August, said his spouse, also a doctor at the same hospital, was forced to quit. In late August both left the country due to fear of prosecution.

Authorities temporarily removed or threatened to remove children from the custody of their parents to punish them for protesting or political activism. On September 13, the head of the Juvenile Justice Department of the Prosecutor General’s Office, Alyaksei Padvoisky, told state media that parents who take their children to protests risked losing custody of their children and that such actions would be considered “neglect of parental responsibilities.” For example, according to press reports, on September 27, Herman Snyazhkou was detained at a protest in Homyel. On September 29, authorities raided his home and arrested his wife, Natallya, and took custody of his two minor children, whom they sent to a state orphanage. Natallya Snyazhkou was released after being interrogated and left the country after regaining custody of her children. After serving 14 days of arrest, Herman Snyazhkou was also charged with resisting law enforcement officers and applying or threatening to apply violence and was told his wife was a suspect in the same case. He was released and as of November 15 was barred from leaving the country. Similarly presidential candidates Svyatlana Tsikhanouskaya and Valery Tsapkala fled the country, as did their children and Tsapkala’s wife, after reported intimidation and threats to strip custody of their children from them.

While the law prohibits authorities from intercepting telephone and other communications without a prosecutor’s order, authorities routinely monitored residences, telephones, and computers. Nearly all opposition political figures and many prominent members of civil society groups claimed that authorities monitored their conversations and activities. The government continued to collect and obtain personally identifiable information on independent journalists and democratic activists during raids and by confiscating computer equipment.

The law allows the BKGB, the Ministry of Internal Affairs, special security services, financial intelligence personnel, and certain border guard detachments to use wiretaps. Wiretaps require the permission of a prosecutor, but the lack of prosecutorial independence rendered this requirement meaningless.

The Ministry of Communications has the authority to terminate the telephone service of persons who violate telephone contracts, which prohibits the use of telephone services for purposes contrary to state interests and public order.

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

On April 10, Adil, a young man of Moroccan descent, was killed as he attempted to evade a COVID-related police control at Place du Conseil in Anderlecht. According to press reports, Adil died when his motor scooter collided head-on with a police vehicle as he attempted to flee. An independent examining magistrate was named to lead an involuntary manslaughter investigation into the police actions.

In August a video came to light of a two-year-old incident at Charleroi airport showing a group of police officers subduing and killing an apparently unstable Slovak citizen by putting a blanket over his head and sitting on him, while at one point an officer made a Hitler salute. The number two official in the Federal Police relinquished his duties until an investigation was completed. The senior officer on duty at the airport on the day of the fatal arrest was temporarily reassigned administrative duties. Police stated that an internal investigation and judicial inquiry were underway.

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

The constitution and law prohibit such practices. There were some reports, however, that prison staff physically mistreated prisoners.

On January 14, two prison guards were found guilty of mistreating jihadist preacher Khalid Zerkani, an ISIS recruiter. The event took place after Zerkani’s transfer to the Saint-Gilles Prison in 2016, with the guards referring to it as an accident. Although the guards were found guilty, the court delivered no punishment, citing the four-year period that had elapsed since the incident. The court also acquitted a third prison guard who was a witness to the mistreatment.

In 2019 the Interfederal Center for Equal Opportunities (UNIA) reported 81 complaints of excessive force or abuse of power by security forces. Of these complaints, eight out of 10 were linked to racial or religious motives. The majority occurred during unplanned interventions. The Permanent Committee for the Control of Police Services rules on an average of 30 cases per year, of which 80 percent are cleared.

On July 17, a police officer was sentenced to one year in prison plus a fine for excessive force against a migrant of Sudanese origin. The officer had violently handled the man, sprayed gas in his eyes, and destroyed his mobile telephone. The man and other migrants at the scene were then loaded into a truck, after which they were left at the Willebroeck Canal.

Impunity in the security forces was not a significant problem.

Prison and Detention Center Conditions

Prison and detention center conditions did not always meet international standards. Prison conditions, especially during the COVID-19 pandemic, presented health risks due to overcrowding, hygiene problems, inadequate physical activity, and lack of access to materials and medical care.

Physical Conditions: A study by the University of Lausanne in collaboration with the Council of Europe showed that, in 2019, the country’s prisons held 120.6 inmates per 100 prison spaces. Prison overcrowding remained a problem, despite a temporary decrease in the number of inmates.

Media reported that the overcrowding situation became more serious in the context of COVID-19, as several inmates often shared a single cell. In May the country reduced its prisoner population by 11 percent to prevent overcrowding during the pandemic, but the problem persisted. Many prisoners were made to return in June. As of June 16, however, there were 24 confirmed COVID-19 cases among the country’s prison population. As of May 29, prisoners had made 122,000 masks that were provided to every inmate, staff member, and visitor. Prisoners were allowed one visitor per week, and mail correspondence was set up between inmates and volunteers.

On October 8, the Nivelles Prison, in Brabant Province, entered lockdown after eight inmates tested positive for coronavirus. On October 10, the Huy Prison in Liege Province also entered lockdown after six prisoners tested positive for coronavirus. Increases in COVID-19 cases late in the year and strikes by prison staff increased concerns about prison overcrowding. On October 12, the local section of the International Prison Observatory requested the justice ministry to take immediate action to reduce the prison population to manageable levels during the COVID-19 pandemic.

Administration: Authorities conducted proper investigations of credible allegations of mistreatment. The federal mediator acts as an ombudsman, allowing any citizen to address problems with prison administration. The federal mediator is an independent entity appointed by the Chamber of Representatives to investigate and resolve problems between citizens and public institutions.

Independent Monitoring: The government permitted monitoring by independent nongovernmental observers, among them several domestic committees.

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.

Under the constitution, an individual may be arrested only while committing a crime or by a judge’s order, which must be carried out within 48 hours. The law provides detainees the right to prompt judicial determination of the legality of their detention, and authorities generally respected this right. Authorities promptly informed detainees of charges against them and provided access to an attorney (at public expense if necessary). Alternatives to incarceration included conditional release, community service, probation, and electronic monitoring. There was a functioning bail system, and a suspect could be released by meeting other obligations or conditions as determined by the judge.

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 and public trial, and an independent judiciary generally enforced this right.

Defendants are presumed innocent and have the right to be informed promptly and in detail of the charges against them; to a fair, timely, and public trial; to be present at their trial; to communicate with an attorney of their choice (or have one provided at public expense if unable to pay); to have adequate time and facilities to prepare a defense; to have free assistance of an interpreter (for any defendant who cannot understand or speak the language used in court); to confront prosecution or plaintiff witnesses and present one’s own witnesses and evidence; to not be compelled to testify or confess guilt; and to appeal. The law extends these rights to all defendants.

There were no reports of political prisoners or detainees.

Individuals and organizations could seek civil remedies for human rights violations through domestic courts and appeal national-level court decisions to the ECHR.

The government has laws and mechanisms in place, and nongovernmental organizations (NGOs) and advocacy groups, including the country’s Jewish community, reported that the government had resolved virtually all Holocaust-era claims where ownership can be traced, including for foreign citizens. Remaining issues include restituting art and researching the role of the Belgian railways in transporting Jews and other victims to concentration camps, where many were killed.

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 legal code prohibit such actions, and there were no reports that the government failed to respect these prohibitions.

There were credible reports from civil society groups that police and military members used disproportionate and lethal force against citizens.

For example, on March 24, police fatally shot University of Abomey Calavi student Theophile Dieudonne Adjaho during a demonstration staged by the National Federation of Beninese Students. The students were demanding cancelation of classes due to the COVID-19 pandemic, as well as protesting arrests at previous demonstrations.

Authorities have not investigated this killing or the killings of civilians in connection with the 2019 legislative elections during which civil society groups stated police and military members used disproportionate and lethal force against protesters. During May 2019 postelection clashes between security forces and antigovernment protesters in Cotonou, a nongovernmental organization (NGO) reported at least two deaths, including a female bystander who was shot when a Beninese Armed Forces member fired to disperse crowds. Although the president acknowledged that four civilian casualties occurred during the protests, he made no further comment. Although investigations of police and military personnel conduct were not generally made public, there was no indication during the year that any were conducted.

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

The constitution and law prohibit such practices, but such incidents continued to occur.

The penal code prohibits torture and cruel, inhuman or degrading treatment or punishment. There were numerous reported abuses similar to the following example. On April 28, a video circulated on social media showing a police officer beating a motorbike taxi rider and his female passenger for failing to wear facemasks mandated by COVID-19 enforcement measures. The beating took place on a Cotonou street in the presence of three other officers. On April 19, the Republican Police director general issued a statement deploring the incident and stating that the responsible police officers had been identified and would be punished. On April 30, the officer responsible for the beating and those who witnessed it were arrested but not charged. By ministerial order the officers were administratively sanctioned for use of excessive force.

According to the Conduct in UN Field Missions web platform, there was one allegation submitted during the year of sexual exploitation and abuse by Beninese peacekeepers deployed to the UN Organization Stabilization Mission in the Democratic Republic of the Congo. There were also three open allegations from prior years of sexual exploitation and abuse by Beninese peacekeepers deployed to UN peacekeeping missions, including one each from 2019, 2018, and 2016. As of September the government had yet to report on any accountability measures taken in the four cases. All four cases involved accusations of exploitative relationships with adults.

Authorities rarely held police accountable for misconduct, and impunity remained a problem. The Inspectorate General of the Republican Police Investigation Division is responsible for investigating serious cases involving police personnel. There were no reports, however, that any investigations were conducted. The government provided some human rights training to security forces, often with foreign or international donor funding and assistance.

Prison and Detention Center Conditions

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

Physical Conditions: According to the Benin Bar Association, conditions in the country’s three prisons and eight jails were inhuman due to overcrowding, malnutrition, and poor sanitation. The 11 facilities held approximately 9,000 inmates, significantly exceeding a capacity of 5,620 inmates. Convicted criminals, pretrial detainees, and juveniles were often held together. There were deaths due to lack of medical care, neglect, and poor ventilation in cramped and overcrowded cells. Prisoners with mental disabilities lacked access to appropriate disability-related support.

During the year the government reduced overcrowding through the administrative release of 1,300 persons. In April and May, authorities released 439 prisoners on parole to reduce COVID-19 transmission. In addition the Beninese Human Rights Commission reported that authorities released a number of pretrial detainees in February after it urged judicial authorities to review cases of pretrial detainees and release those for whom there was insufficient evidence to justify prosecution.

Administration: Authorities conducted investigations of allegations of mistreatment upon instruction by the Beninese Human Rights Commission. Prison authorities allowed visitors, but according to NGO reports, prison officials sometimes charged visitors a fee that was substantial for the average person.

Independent Monitoring: The government permitted prison visits by human rights monitors. Representatives of religious groups–the Prison Fellowship, Caritas, the Prisons Brotherhood, and Christian Action for the Abolition of Torture–and NGOs–Amnesty International, the Beninese Human Rights Commission (an independent government entity), the Friends of Prisoners and Indigents Clinic, and Prisoners without Borders–visited prisons, although some NGOs complained credentials were not systematically granted when they submitted requests to make visits. The commission also urged prison directors to provide adequate health care to inmates.

Improvements: The Directorate of Prison Administration implemented a centralized record-keeping system for Ministry of Justice officials to enable it to better track remand periods and court hearings and thus facilitate prompt release of prisoners at the end of their sentences. The installation of new generators and solar lighting, the construction of new dormitories and wells, septic tank maintenance, and the purchase of beds and medical supplies improved prison conditions during the year.

The government began implementing a program to provide more permanent health-care assistance to prisoners as opposed to ad hoc health care from NGOs. For example, on October 14, the Beninese Prison Agency deployed seven doctors and three psychologists to provide health-care services to prisoners in all 11 prisons.

The constitution and law prohibit arbitrary arrest and detention; however, Republican Police occasionally failed to observe these prohibitions. A person arrested or detained, regardless of whether on criminal or other grounds, is by law entitled to file a complaint with the liberty and detention chamber of the relevant court. The presiding judge may order the individual’s release if the arrest or detention is deemed unlawful.

The constitution requires arrest warrants based on sufficient evidence and issued by a duly authorized judicial official and requires a hearing before a magistrate within 48 hours of arrest, but these requirements were not always observed.

After examining a detainee, a judge has 24 hours to decide whether to continue to detain or release the individual. Under exceptional circumstances, or in arrests involving illegal drugs, a judge may authorize detention beyond 72 hours not to exceed an additional eight days. Warrants authorizing pretrial detention are effective for six months and may be renewed every six months until a suspect is brought to trial. Detainees have the right to prompt judicial determination of the legality of detention, which was generally observed. Detainees awaiting judicial decisions may request release on bail and have the right to prompt access to a lawyer. Suspects were not detained incommunicado or prevented access to an attorney.

The government sometimes provided counsel to indigent defendants in criminal cases. Persons in rural areas accused of serious crimes often lacked adequate legal representation because defense attorneys were predominantly based in Cotonou and generally did not work on cases in rural areas.

There were credible reports of individuals held beyond the legal limit of 48 hours of detention before a hearing, sometimes by as much as a week. Authorities often held persons indefinitely “at the disposal of” the Public Prosecutor’s Office before presenting the case to a magistrate.

Arbitrary Arrest: Unlike in 2019 there were no reports of arbitrary arrest. Nevertheless, some NGOs believed the practice might have continued, especially in the rural areas where individuals are not aware of their right to file complaints.

On June 18, the Constitutional Court ruled that the 2017 arrest and detention of Armand Pierre Lokossou–who was charged with criminal breach of trust and held until January–violated the arbitrary arrest and pretrial detention provisions of Article 6 of the African Charter on Human and Peoples’ Rights.

Pretrial Detention: The law defines the maximum length of pretrial detention for felony cases at five years and for misdemeanors three years. Approximately two-thirds of inmates were pretrial detainees. Inadequate facilities, poorly trained staff, and overcrowded dockets delayed the administration of justice. The length of pretrial detention frequently exceeded the maximum sentence for conviction of the alleged crime.

Detainees held beyond pretrial limits may obtain recourse from the Constitutional Court. On June 4, the court ruled that judicial officials violated the code of criminal procedure when a Liberty and Detention Court judge failed to order the release of a pretrial detainee after six months’ detention. In February the Beninese Human Rights Commission ordered the release of a Cotonou Prison pretrial detainee held for three years after a court ordered his release pending trial in 2016.

The constitution and law provide for an independent judiciary; however, the president heads the High Council of the Judiciary that governs and sanctions judges. The judicial system was also subject to corruption, although the government continued to make substantial anticorruption efforts, including the dismissal and arrest of government officials allegedly involved in corruption scandals. Authorities respected court orders.

In 2018 the National Assembly passed a bill creating the Court to Counter Economic Crimes and Terrorism (CRIET). Observers within the judicial sector raised concerns that the bill establishing CRIET may have violated judicial impartiality, the right of appeal, and due-process principles. CRIET decisions could not be appealed to intermediate appeals courts–designed to correct errors such as a lack of jurisdiction, failure to provide a legal basis for a decision, or action by a court exceeding its authority–but had to be filed directly with the Supreme Court. Intended in part to quell domestic and international criticism, on April 21, the National Assembly revised the CRIET law to provide for appeals to be filed within the CRIET structure.

While the constitution provides for the right to a fair trial, judicial inefficiency and corruption impeded the exercise of this right.

The legal system is based on French civil law and local customary law. A defendant is presumed innocent. Defendants enjoy the right to be informed promptly and in detail of the charges, with free interpretation as necessary, to a fair, timely, and public trial, to be present at trial, and to representation by an attorney.

By law courts must provide indigent defendants with counsel upon request in criminal cases. Government-provided counsel, however, was rarely available, especially in cases handled in courts located in remote areas. Defendants who cannot understand or speak French are entitled to free interpretation services as necessary from the moment charged through all appeals. Defendants enjoy the right to adequate time and facilities to prepare a defense; to confront witnesses; to present witnesses and evidence on their own behalf; and to not to be compelled to testify or confess guilt.

Defendants may appeal criminal convictions to both the Court of Appeals and the Supreme Court, after which they may appeal to the president for a pardon.

There were reports of political prisoners or detainees. The nongovernmental Organization for the Defense of Human and Peoples’ Rights reported that there were political prisoners at the Cotonou, Parakou, Abomey, and Akpro-Misserete prisons. Additionally, Amnesty International and other NGOs stated that several individuals arrested for involvement in postelection protests in 2019 were detained for politically motivated reasons.

The government permitted access to such persons by human rights or humanitarian organizations such as the Beninese Human Rights Commission.

There were credible reports the government attempted to misuse international law enforcement tools for politically motivated purposes against specific individuals located outside the country.

In April 2019 a Spanish court rejected the government’s request for the extradition of former minister of finance Komi Koutche, who had been arrested during a stopover in Madrid in 2018 based on an Interpol (International Police Criminal Organization) Red Notice. The court cited lack of evidence to substantiate the request, potential political motivation for the request, and CRIET’s inability to provide for a fair trial due to its lack of independence from the government. On April 4, CRIET tried Komi Koutche in absentia, found him guilty of embezzlement of public funds and abuse of office while head of the National Fund for Microcredit, and sentenced him to 20 years’ imprisonment. Koutche remained in self-imposed exile at year’s end.

The judiciary exercised independence in civil matters. If administrative or informal remedies are unsuccessful, a citizen may file a complaint concerning an alleged human rights violation with the Constitutional Court. The Constitutional Court’s ruling is not binding on courts; however, citizens may cite rulings from the Constitutional Court to initiate legal action against offenders in regular courts. Adverse court rulings other than those of the Constitutional Court may be appealed to the Economic Community of West African States Court of Justice. Unlike in prior years, appeals may no longer be filed with the African Court on Human and Peoples’ Rights. On April 23, the government withdrew its 2016 declaration filed with the African Charter on Human and Peoples’ Rights that provided for Beninese citizens and NGOs to file complaints and appeal adverse court rulings to the court. The country’s withdrawal followed an April 14 decision by the court ordering Benin to postpone communal elections after Sebastien Ajavon, a prominent government critic and leader of the opposition party Union Sociale Liberale (Liberal Social Union), filed a complaint alleging that his party had been wrongfully excluded from participation in the elections. In a separate case brought by Ajavon, the court ordered the government to repeal a 2019 amnesty law.

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

There were no reports that the government or its agents committed arbitrary or unlawful killings. The Royal Bhutan Army has the authority to investigate and prosecute killings by members of the security forces. The Royal Bhutan Police have the authority to conduct a further investigation and turn the case over to the Office of the Attorney General (OAG) for prosecution.

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.

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 separate prisons designated for women and children. The country’s Open-Air Prison (OAP) system reduced overcrowding and assisted inmates to prepare for reintegration into society. Prisoners who have served 75 percent of their sentence and exhibited good conduct are eligible for transfer to an OAP, according to UN figures. As of July, 683 inmates resided in 12 different OAP across the country, while 1,292 inmates had been released after serving their OAP tenure since the program’s inception, according to media reporting. One of the OAP is for women and their children, who are permitted to live there up to the age of nine years. Inmates enjoy more freedom at OAP than traditional prisons, including the ability to earn money by working in the community, have greater access to family members, move freely in the vicinity of the facility, and use mobile telephones.

Administration: Police administer the prison system. Authorities conducted proper investigations of credible allegations of mistreatment. There was no available information regarding recordkeeping on prisoners.

Independent Monitoring: The government did not permit monitoring by independent nongovernmental observers. In January 2019 an International Committee for the Red Cross (ICRC) mission visited the country and observed progress on detention and prison system standards in line with past ICRC recommendations.

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.

In its preliminary findings conducted during a January 2019 visit to the country, a UN Working Group on Arbitrary Detention noted significant progress had been made on the arbitrary deprivation of liberty since prior visits in 1994 and 1996.

Under the law, police may only arrest a person with a court-issued warrant or probable cause. Police generally respected the law. Police may conduct “stop and frisk” searches only if they have a reasonable suspicion that a crime has been committed. Arresting authorities must issue an immediate statement of charges and engage in reasonable efforts to inform the family of the accused. The law requires authorities to bring an arrested person before a court within 24 hours, exclusive of travel time from the place of arrest. The UN Working Group on Arbitrary Detention visited the country in January 2019, observing over 20 places of detention and confidentially interviewing more than 150 detained individuals. The vast majority of those interviewed confirmed that they had appeared before a judge for their first remand hearing within 24 hours of their arrival at a police station, which the UN working group noted was “a remarkable achievement.”

The law provides for prompt access to a lawyer and government provision of an attorney for indigent clients. Bail is available depending on the severity of charges and the suspect’s criminal record, flight risk, and potential threat to the public. In addition, bail can be granted after the execution of the bail bond agreement. Police can hold remanded suspects for 10 days pending investigation, which courts can extend to 49 days. In cases of “heinous” crimes, the period can then be extended to 108 days should the investigating officer show adequate grounds. The law expressly prohibits pretrial detention beyond 108 days. The law empowers the Anticorruption Commission to arrest a person having committed, or who is about to commit, a corruption-related offense. The arrested individual must make a court appearance within 24 hours. The UN working group found that while there were some dedicated pretrial detention facilities for children, there were no dedicated pretrial detention facilities for adults. Instead, police held pretrial detainees in police stations where they were the majority of detainees.

The law provides for an independent judiciary, and the government generally respected judicial independence and impartiality. The country’s courts generally function effectively, although Freedom House in its Freedom in the World 2020 report assessed the rulings of judges “often lacked consistency.”

The law stipulates that defendants must receive fair, speedy, and public trials, and the government generally respected this right. A court must hold a preliminary hearing within 10 days of registration of a criminal matter. Before registering any plea, courts must determine whether the accused is mentally sound and understands the consequences of entering a plea. Defendants benefit from a presumption of innocence, have the right to confront witnesses, and cannot be compelled to testify. Conviction requires that cases be proven beyond a reasonable doubt. The government has prescribed a standing rule for courts to clear all cases within a year of the case filing, and in practice, most trials were completed within a year from the start of the proceedings. The country has an inquisitorial judicial system and has no jury trials. The law stipulates a defendant’s right to plead or defend himself or herself in person and that a defendant’s right to a speedy trial not limit his or her time to prepare a defense.

Defendants have the right to appeal to the High Court and Supreme Court. Trials are conducted publicly, although a court can order that press and the public be removed from the courtroom for part or all of the trial in the interest of justice. While the law does not require that defendants in criminal trials receive the free assistance of an interpreter, in practice interpreters are provided free of charge or the proceedings are conducted in a language the defendant understands. The court must provide the opportunity for the parties to present relevant evidence, including witness testimony. Prosecutors and defendants are allowed to conduct direct and cross-examination.

The law provides for the right to representation. Although representation occurred frequently in criminal cases, in civil cases most defendants and plaintiffs represented themselves. The law states that criminal defendants may choose legal representation from a list of licensed advocates. According to testimonies received by the UN working group, a majority of defendants in criminal matters did not have access to legal representation at crucial stages of their proceedings: following arrest, during pretrial detention, and during their trial and appeal. Detainees were generally not aware of their right to a lawyer because they had not been informed of this right by police. In many cases defendants could not afford to retain a private lawyer. The government promoted the use of judiciary websites for legal information as a means of self-help for defendants.

Family members of prisoners are allowed to meet their relatives and receive a travel allowance paid by the ICRC. Most political prisoners are Nepali-speaking persons associated with protests in the early 1990s. Government officials claimed that those remaining in prison were convicted of having committed violent crimes during demonstrations. The government reported that as of 2016, there were 57 prisoners serving sentences resulting from convictions under the National Security Act or its related penal code provisions. Citing interviews of these prisoners by the UN Working Group on Arbitrary Detention in 2019, civil society network CIVICUS stated that a number of the prisoners were serving life sentences with no prospect of release unless granted amnesty.

The constitution provides the right to initiate proceedings for the enforcement of “fundamental rights” enumerated within the text, and individuals and organizations may seek civil remedies for human rights violations through domestic courts. The law governs the resolution of criminal trials and civil litigation and states a suit may be initiated by a litigant or a member of the litigant’s family. The law also provides for compensation to those detained or subjected to unlawful detention but later acquitted. Often local or community leaders assisted in resolving minor disputes. As plaintiffs and defendants often represented themselves in civil matters, judges typically took an active role in investigating and mediating civil disputes.

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

Citizens seeking to marry noncitizens require government permission.

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

The Institute of Forensic Investigations recorded 30 persons killed from October 20 to November 15, 2019, in the context of the postelectoral crisis. The death toll was corroborated by Office of the United Nations High Commissioner for Human Rights (OHCHR). Of these 30 deaths, OHCHR and forensic reports indicated nine persons were killed and more than 100 injured during demonstrations in Sacaba, Cochabamba Department, on November 15, 2019, and another 10 were killed and 30 injured during protests near the Senkata gas facility in El Alto, La Paz Department, on November 19, 2019.

Regarding the violent disturbances that occurred in the postelectoral period in October-November 2019, an August OHCHR report cited Institute of Forensic Investigation reporting that the use of lethal ammunition led to deaths and injuries during protests in Sacaba and Senkata. The OHCHR report also highlighted there were no reports of security forces being killed or wounded by gunfire during these same protests, although Ministry of Justice officials stated a number of security forces were wounded during the Sacaba incident. A December 2019 preliminary report from the Inter-American Commission on Human Rights (IACHR) stated the injury patterns in both cases “point strongly to extrajudicial killing practices.” Government authorities denied security forces were responsible for these deaths, claiming the protesters used their own firearms and that some calibers of the bullets found in victims’ corpses did not correspond to standard ammunition issued to police or armed forces. In a February interview with Human Rights Watch, then minister of government Arturo Murillo claimed leaders of the Movement Toward Socialism (MAS) Party killed their party’s own supporters in Sacaba and Senkata, referencing the forensic reports that allegedly found bullets in victims that were inconsistent with the caliber used by security forces. The August OHCHR report cited forensic reports indicating authorities were unable to recover the vast majority of bullets that killed and injured protesters in the two incidents and that authorities had not conducted any formal assessment of the weapons carried by security forces during those operations. Government officials stated the use of force by security forces was proportional to the protesters’ level of violence. The officials indicated protesters had homemade weapons and explosive material and that they intended to cause an explosion at the gas installation the armed forces were guarding in Senkata. The OHCHR also reported accounts of the events from authorities, victims, and witnesses revealed inconsistencies that needed to be investigated.

A September Human Rights Watch report indicated other persons died in subsequent clashes between pro-Morales supporters and their opponents, including two men allegedly killed by Morales supporters in Montero, Santa Cruz Department. According to local media, two police officers were also killed in the postelection violence. In November 2019 police sergeant Juan Alarcon Parra died of injuries after allegedly being beaten by a mob, and Lieutenant Coronel Heybar Alarcon died in a motorcycle accident allegedly after being attacked by protesters.

In December 2019 the IACHR announced it had signed an agreement with the transitional government to create a mechanism to support the investigation of acts of violence and human rights abuses that took place between September and December 2019. Subsequently, an Interdisciplinary Group of Independent Experts (GIEI) was created by the IACHR with the agreement of the transitional government to investigate the events for a period of six months, which could be extended by agreement of the parties for as long as necessary to fulfill its mission.

On November 23, the Arce government and the IACHR signed a protocol agreement during a public ceremony at the Ministry of Foreign Affairs to install the five-member GIEI and officially begin the investigation into the acts of violence that occurred between September and December 2019. The group of international human rights experts is scheduled to conduct meetings with victims, witnesses, government authorities, and civil society. The government authorized the group to have access to police and military records to conduct an independent and impartial investigation of the acts of violence surrounding the October 2019 general election.

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

The constitution prohibits all forms of torture, coercion, and physical and emotional violence, but there were reports that government officials employed them. The penal code carries only minimum penalties for persons convicted of torture, but no public official had ever been found guilty of the crime.

A representative of the Ombudsman Office, Nelson Cox, alleged that nine prisoners from the Chapare region detained on drug charges were physically and psychologically attacked by police after they were sent on April 26 to the El Abra Prison in Cochabamba. Cox referenced a report from the prison physician that found bruising and lesions on the prisoners resulting from blows to their lower extremities, back, and ribs.

Nongovernmental organizations (NGOs) charged that the Ministry of Justice’s Service to Prevent Torture failed to denounce consistently torture by police and military personnel, who employed it frequently. NGOs reported that police investigations relied heavily on torture to procure information and extract confessions. The majority of abuses reportedly occurred while officials were transferring detainees to police facilities or holding them in detention. According to reports from NGOs engaged with prison populations, the most common forms of torture for detainees included rape, gang rape by guards, sensory deprivation, use of improvised tear gas chambers and Tasers, asphyxiation, verbal abuse, and threats of violence.

Within the military, torture and mistreatment occurred both to punish and to intimidate trainees into submission. Military officials regularly verbally abused soldiers for minor infractions and perceived disobedience.

Impunity remained a significant problem in the National Police due to corruption and politicization of the judicial system, with mechanisms to investigate abuse rarely utilized or enforced. Complex legal procedures, large numbers of detainees, judicial inefficiency, executive interference, corruption, and inadequate case-tracking mechanisms contributed to police impunity. According to a 2019 report by the Department of Inspection and Control of Disciplinary Cases of the Institution of Order, 180 police officers cited in criminal proceedings between 2014 and 2019 were reinstated after their cases were closed. Of the 180 officers, 84 were involved in drug trafficking and corruption cases. Mechanisms to investigate abuse exist, but investigations frequently were not completed due to systemic corruption that encouraged investigated parties to pay off investigators. NGOs and the international community offered most training courses to increase respect for human rights, but few took place throughout the year due to COVID-19 restrictions.

Prison and Detention Center Conditions

Prisons were overcrowded, underfunded, and in poor condition, resulting in harsh and life-threatening conditions. Violence was pervasive due to inadequate internal security.

Physical Conditions: According to the government’s Penitentiary Regime Directorate, prison facilities had a combined capacity for 6,765 persons, but in March the prison population was 18,260 inmates, representing a 270 percent overpopulation. The problem was most acute in the 20 urban prisons, which had a combined capacity of 5,436 persons but held 15,581 inmates.

Women’s prisons operated in Cochabamba, two in La Paz, Reyes, Rurrenabaque, Santa Rosa, and Trinidad. Men and women shared sleeping facilities in Morros Blancos Prison in Tarija, Montero Prison in Santa Cruz, Riberalta Prison in Beni, and Oruro Prison in Oruro. In other facilities men and women had separate sleeping quarters but commingled daily. Female inmates experienced sexual harassment and assault on a regular basis, and some were forced to pay antirape extortion fees. While observers noted violence against women, such as rape, was rampant, they reported a culture of silence that suppressed reporting of gender-based violence due to fear of reprisal.

Although the law permits children up to age six to live with an incarcerated parent under “safe and regulated conditions,” children as old as 12 resided in detention centers with incarcerated parents, despite unsafe conditions, often because the parents lacked viable alternative living arrangements due to poverty or family constraints. Minors ages six and younger were allowed only in women’s prisons. Minors were not allowed to live in men’s detention centers.

The law sets the juvenile detention ages from 14 to 16 and requires that juvenile offenders be held in facilities separate from the general prison population to facilitate rehabilitation. Children younger than age 14 are exempt from criminal liability but may be subject to civil liability. Adult inmates and police reportedly abused juvenile prisoners. Rehabilitation programs for juveniles or other prisoners were scarce.

Violence was ubiquitous due to inadequate internal security. Abuses perpetrated by penitentiary officials included systematic intimidation, rape, psychological mistreatment, extortion, torture, and threats of death. There were reports of rape and sexual assault committed by authorities and other inmates.

Prisoners with independent means could purchase a transfer to the rehabilitation center, a newly built detention facility with better living conditions. One medical doctor attended to prisoners in each prison twice a month. Although medical services were free, prisons rarely had medications on hand. Skin diseases and tuberculosis were widespread due to the cramped sleeping quarters and lack of medicine to manage contagion. Incarcerated women lacked access to obstetric services.

Corruption was persistent. A prisoner’s ability to pay bribes often determined physical security, cell size, visiting privileges, ability to attend court hearings, day-pass eligibility, and place and length of confinement. Inmates and NGOs both alleged there was an insufficient number of police officers to escort inmates to their hearings, and prison directors often refused to intervene, exacerbating delays. Police sometimes demanded bribes in exchange for granting inmates the right to attend their own hearings. Independent media reported corruption complaints against police were common. Prison inmates stated guards extorted money in order to receive goods.

On July 27, inmates at four separate detention centers in Cochabamba mutinied against poor sanitary conditions and lack of medical care. Inmates from San Sebastian Male Prison, San Sebastian Female Prison, San Pedro de Sacaba Prison, and San Pablo de Quillacollo Prison staged separate protests demanding rapid COVID-19 testing, medical attention, and considerations of amnesty and pardons after three inmates died of suspected COVID-19 symptoms in San Sabastian Male Prison and another three in San Pablo de Quillacollo Prison. A relative of one of the inmates said there were no physicians or medical supplies inside the facility. Inmates complained that many judicial activities had been suspended since the start of the pandemic due to infections among judges. The heightened tension followed the suspected COVID-19 death of 23 inmates in the San Pedro Jail of La Paz.

On August 19, Director General of the Penitentiary System Clemente Silva Ruiz reported in a UN webinar that 56 prisoners had died due to COVID-19 throughout the prison system. He stated that overcrowding, a lack of infrastructure, and a lack of medical personnel were the main factors for the loss of life. According to data provided during the webinar, since the start of the COVID-19 outbreak the Penitentiary System registered 118 confirmed cases, with 16 persons hospitalized, 56 deceased, and five awaiting test results. There were also 149 suspected cases. The director explained that despite the prison system’s contracts with hospitals to care for prisoners, inmates with suspected COVID-19 were denied care due to a lack of space in the hospitals.

Administration: Authorities generally did not conduct investigations of credible allegations of mistreatment. According to the UN Office on Drugs and Crime, prisoners could submit complaints to a commission of district judges for investigation, but due to fear of retaliation by prison authorities, inmates frequently did not do so.

Independent Monitoring: The government generally permitted monitoring by independent NGO observers such as the International Committee of the Red Cross, local NGOs, judges, religious organizations, legislators, and media. The COVID-19 pandemic greatly restricted independent monitoring of prison conditions, however. As of August observers reported a nearly four-month court closure during the national quarantine and a near complete ban on visiting prisons by outside monitors, with many lawyers who represented defendants unable to visit in person. Criminal justice activists also pointed to the lack of any law related to the access to public information in the prison system and stated the lack of transparency and opacity in the judicial branch increased during the COVID-19 pandemic.

The law prohibits arbitrary arrest and detention, but the government did not always respect the law. The law also provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed this provision, although international human rights groups highlighted a number of potentially politically motivated cases initiated by the interim government that resulted in arbitrary arrest.

The law requires that police obtain an arrest warrant from a prosecutor and that a judge substantiate the warrant within eight hours of an arrest. Police did not strictly adhere to these time restrictions, except in cases in which the government specifically ordered adherence. The law also mandates that a detainee appear before a judge within 24 hours (except under a declared state of siege, during which a detainee may be held for 48 hours), at which time the judge must determine the appropriateness of continued pretrial detention or release on bail. The judge is to order the detainee’s release if the prosecutor fails to show sufficient grounds for arrest. The government allows suspects to select their own lawyers and provides a lawyer from the Public Defender’s Office if the suspect requests one. The public defenders were generally overburdened and limited in their ability to provide adequate, timely legal assistance. While bail is permitted, most detainees were placed in pretrial detention or could not afford to post bail. Several legal experts noted pretrial detention was the rule rather than the exception.

Arbitrary Arrest: The law prohibits arbitrary arrest and detention, but the government did not always respect the law.

On May 22, Judge Hugo Huacani ordered the transfer of Edith Chavez Arauco, the babysitter of former president Evo Morales’s minister of the presidency, Juan Ramon Quintana, from pretrial detention to house arrest after the time period of her ordered pretrial detention had expired. Hours later Judge Huacani was detained by police for a “lack of independence” in his ruling, according to a statement from the Interior Ministry. That same day the La Paz Departmental Attorney General’s Office reported it had not been involved in Judge Huacani’s arrest nor issued an arrest warrant against him, and on May 23, another judge ordered his release and declared his detention illegal. Amnesty International determined the detention was “arbitrary as it was based solely on the fact that the government disagreed with a judicial decision he [Judge Huacani] had taken.”

Pretrial Detention: The law affords judges the authority to order pretrial detention if there is a high probability a suspect committed a crime, if evidence exists that the accused seeks to obstruct the investigation process, or if a suspect is considered a flight risk. If a suspect is not detained, a judge may order significant restrictions on the suspect’s movements.

The law states no one shall be detained for more than 18 months without formal charges. If after 18 months the prosecutor does not present formal charges and conclude the investigatory phase, the detainee may request release by a judge. The judge must order the detainee’s release, but the charges against the detainee are not dropped. By law the investigatory phase and trial phase of a case may not exceed 36 months combined. The law allows a trial extension if the delays in the process are due to the defense. In these circumstances pretrial detention may exceed the 36-month limit without violating the law.

Despite the legal limits on pretrial detention, prolonged pretrial detention remained a problem. Complex legal procedures, large numbers of detainees, judicial inefficiency, executive interference, corruption, a shortage of public defenders, and inadequate case-tracking mechanisms contributed to trial delays that lengthened pretrial detention and kept many suspects detained beyond the legal limits for the completion of a trial or the presentation of formal charges.

Many defense attorneys intentionally did not attend hearings in order to delay trial proceedings and ultimately avoid a final sentencing, either at the request of their clients or due to high caseloads. According to information received in March from the Penitentiary Regime Directorate, approximately 65 percent of prisoners were being held in pretrial detention, consistent with 2019 figures but less than in previous years, when 70-85 percent of the prison population was in pretrial detention.

The law provides for an independent judiciary, but the judiciary remained overburdened, vulnerable to undue influence by the executive and legislative branches, and plagued with allegations of corruption. Authorities generally respected court orders, but on several occasions, they pressured judges to change verdicts. Judges and prosecutors sometimes practiced self-censorship when issuing rulings to avoid becoming the target of verbal and legal harassment by the government.

The judiciary faced numerous administrative and budgetary problems. NGOs asserted the funds budgeted for the judiciary were insufficient to assure equal and efficient justice and that the reliance on underfunded, overburdened public prosecutors led to serious judicial backlogs. As a result justice officials were vulnerable to bribery and corruption, according to credible observers, including legal experts. An August report by the domestic NGO Fundacion Construir stated that only 0.52 percent of the 2020 national budget was allocated to the entire judicial sector. The 2018 Report on the State of Justice indicated that of the 118 members (magistrates), 1,039 ordinary judges, and 63 agriculture or environmental judges, only 223 were considered career judges. While the Ministry of Justice approved greater regulations regarding the judicial career, NGOs cited a lack of transparency in the application of these regulations and the classification of career versus noncareer judges.

The law provides for the right to a fair and public trial without undue delay, but the government did not always respect the law. Defendants are entitled to be informed of charges promptly and in detail and to a presumption of innocence and trial by a panel of judges. They have the right to avoid self-incrimination and to consult an attorney of their choice, receive adequate time and facilities to prepare a defense and confront adverse witnesses, present witnesses and evidence, and file an appeal. Defendants who cannot afford an attorney have the right to a public defender or private attorney at public expense. Free translation and interpretation services are required by law. Officials did not always comply with the law. Criminal justice observers pointed out the number of public defenders fell from 89 to 77 countrywide during the year, resulting in increased case backlogs. Observers also highlighted the perennial problems of poor retention due to the large workload and poor compensation, with public defenders often earning only half of what prosecutors earned.

Judicial system NGOs expressed concern regarding what they termed “the arbitrary use of the penal system” to criminally prosecute persons who violated COVID-19 quarantine measures. According to press statements from the prosecutor’s office of various departments, as of mid-May, 193 criminal sentences for crimes against public health had been delivered: 126 in Santa Cruz, 56 in La Paz, and 11 in Chuquisaca. According to other data released by the Public Prosecutor’s Office, from March 22 to April 20, the office had initiated 273 criminal cases of crimes against public health throughout all nine departments. NGOs expressed particular concern regarding the systematic use of abbreviated procedures that pressured defendants to plead guilty to obtain a lighter sentence and serve it under house arrest instead of in prison. NGOs argued this method of offering a lighter sentence if the defendant agrees to an abbreviated procedure violates due process legal provisions.

On April 30, the interim government released Decree Law No. 4226, Presidential Decree of Amnesty and Pardon for Humanitarian Reasons and National Health Emergency, against the contagion and spread of COVID-19 in the prison system. Many justice system observers and civil society representatives criticized the expansive exclusion criteria within the decree such as age limits or types of crimes that drastically reduce the number of prisoners eligible for parole or pardon. The limited number of public defenders, who would typically have to initiate the pardon requests, exacerbated the ineffectiveness of the decree.

According to an August OHCHR report, the Office of the Attorney General initiated criminal proceedings against approximately 150 former Morales government officials at all levels from November 2019 to February. Common charges included sedition, terrorism, and breach of duties, and the proceedings were often initiated by legal complaints from interim government officials. The OHCHR expressed concern that the overly broad and vague definitions of crimes such as terrorism, sedition, and breach of duties “could be arbitrarily applied to restrict the rights of a person.” The report also noted violations of legal due-process provisions, irregularities in the notification of legal warrants, and the detention and prosecution of defense attorneys. In September, Ministry of Justice officials denied these figures, claiming that only a handful of terrorism or sedition investigations remained open. The officials cited the case of former minister of culture Wilma Alanoca Mamani and nine other colleagues from the Ministry of Culture who allegedly fabricated Molotov cocktails and distributed them to MAS supporters in the days preceding Morales’ resignation.

On August 19, the International Policy Commission in the MAS-controlled Chamber of Deputies approved the extension of a bill for the safe conduct of former officials in the Morales administration who had claimed asylum in the residence of the Mexican embassy since late 2019. Following the departure of Morales in November 2019, seven former officials sought asylum in the Mexican embassy, among them former presidency minister Juan Ramon Quintana, former defense minister Javier Zabaleta, and former justice minister Hector Arce. Gonzalo Aguilar, a MAS deputy, claimed these former officials had not been found guilty of any crime and had been accused of political crimes. Officials in the interim government’s Foreign Ministry disagreed, stating that Congress could not encroach other legal jurisdictions and that many of the former officials had urgent arrest orders pending against them for charges of sedition, terrorism, terrorist financing, and public incitement to commit a crime. Following the October 18 elections, the majority of the detention orders and criminal investigations against the former officials were dropped, and all seven officials eventually left the Mexican embassy. On October 25, a judge annulled the detention order against Zabaleta, and on November 1, judges annulled the detention orders against Quintana and Hector Arce.

The law permits individuals and organizations to seek criminal remedies for human rights violations through domestic courts. At the conclusion of a criminal trial, the complainant may initiate a civil trial to seek damages. The human rights ombudsman may issue administrative resolutions on specific human rights cases. The ombudsman’s resolutions are nonbinding, and the government is not obligated to accept his or her recommendations.

The law 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.

Impunity for some crimes committed during the 1992-95 conflict continued to be a problem, especially for those responsible for the approximately 8,000 persons killed in the Srebrenica genocide and for approximately 8,000 other individuals who remained missing and presumed killed during the conflict. Authorities also failed to prosecute more than a very small fraction of the more than 20,000 instances of sexual violence alleged to have occurred during the conflict.

During the year national authorities did not make sufficient progress in processing of war crimes due to the lack of strategic framework and long-lasting organizational and financial problems. In September, following a two-year delay, the Council of Ministers adopted a Revised National War Crimes Strategy. The Revised Strategy defines new criteria for selection and prioritization of cases between the state and entities, provides measures to enhance judicial and police capacities to process war crime cases, and updates the measures for protection of witnesses and victims. The Bosnia and Herzegovina (BiH) Council of Ministers adopted the Revised Strategy following prolonged negotiations due to the opposition from the Bosniak victims associations. As a compromise, Annex B was added to the Ministry of Justice draft, which provides for prioritizing the “A” cases and provides additional measures to enhance regional cooperation.

Insufficient funding, poor regional cooperation, lack of personnel, political obstacles, lack of evidence, and the unavailability of witnesses and suspects led to the closure of cases and a significant backlog. Authorities also lacked adequate criteria to evaluate which cases should be transferred from state- to entity-level courts. The mechanism for transfer of legally and factually less complex cases with known suspects from the state-level to entity or Brcko District courts was utilized to a sufficient degree. The Prosecutor’s Office worked on 668 cases with known perpetrators and 1,933 cases with unknown perpetrators. In 2019-20 the Prosecutor’s Office raised 25 indictments against 48 persons. According to the Organization for Security and Cooperation in Europe (OSCE), the Prosecutor’s Office continued to focus on less complex war crime cases during this period, misusing resources and failing to act in accordance with the current war crimes strategy. The overall conviction rate in 2019 and 2020 was 79 percent, an increase from 39 percent in 2018.

Some convictions were issued or confirmed during the year. Sretko Pavic was convicted of war crimes against civilians and sentenced to 11 years of imprisonment. The Appeals Chamber of the BiH Court acquitted Ibro Merkez of charges that he committed war crimes against civilians in Gorazde. The Court of BiH sentenced Ivan Kraljevic to one year and three months of imprisonment; Stojan Odak to imprisonment of two years and six months; and Vice Bebek to one year of imprisonment for war crimes against Bosniak civilians from the Stolac, Capljina, Mostar, Prozor, Livno, and Jablanica municipalities.

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

The law prohibits such practices. While there were no reports that government officials employed such measures, there were no concrete indications that security forces had ended the practice of severely mistreating detainees and prisoners reported in previous years.

The country has not designated an institution as its national mechanism for the prevention of torture and mistreatment of detainees and prisoners, in accordance with the Optional Protocol to the UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment. In 2019 the Institution of Human Rights Ombudsman in BiH (Ombudsman Institution) received 129 complaints by prisoners with regard to prisoner treatment in detention and prison facilities. The number of complaints fell by 10 percent compared with 2018; most of the complaints concerned health care, denial of out-of-prison benefits, transfer to other institutions, use of parole, and conditions in prison and detention facilities. A smaller number of complaints referred to misconduct by staff or violence by other prisoners.

Impunity was a significant problem in the security forces.

Prison and Detention Center Conditions

Physical and sanitary conditions in the country’s prisons and detention facilities varied depending on location, and they generally met the need for accommodation of prisoners and detainees.

Physical Conditions: In a special 2019 report on the situation in police holding facilities, the Ombudsman Institution reported that the biggest problems in all police administrations were the lack of holding facilities and the limited capacity of existing ones. Several police stations in the same police administrative district had to use the same facilities. Due to lack of space, police did not always separate male, female, and minor detainees in cases where a large number of detainees were accommodated. Some police stations’ detention facilities lacked natural light and had poor ventilation. The material conditions of most police detention facilities were generally below EU standards.

Health care was one of the main complaints by prisoners. Not all prisons had comprehensive health-care facilities with full-time health-care providers. In such instances these institutions contracted part-time practitioners who are obligated to regularly visit institutions and provide services. Prisons in Zenica, Tuzla, Sarajevo, Istocno Sarajevo, Foca, and Banja Luka employed full time doctors. There were no prison facilities suitable for prisoners with physical disabilities.

Administration: Units in both entities and the Brcko District did not always conduct investigations into credible allegations of prisoner or detainee mistreatment.

The country’s prison system was not fully harmonized, nor was it in full compliance with European standards. Jurisdiction for the execution of sanctions was divided between the state, entities, and Brcko District. As a consequence, in some instances different legal regulations governed the same area, often resulting in unequal treatment of convicted persons, depending on the prison establishment or the entity in which they served their sentence.

Independent Monitoring: The government permitted independent human rights observers to visit and gave international community representatives widespread and unhindered access to detention facilities and prisoners. The International Committee of the Red Cross, the Council of Europe’s Committee for the Prevention of Torture (CPT), the Ombudsman Institution, and other nongovernmental organizations (NGOs) continued to have access to prison and detention facilities under the jurisdiction of the ministries of justice at both the state and entity levels. In 2019 the CPT visited prisons and detention facilities and provided its findings from the visit to the BiH government. The CPT’s report on the visit had not been published as of year’s end.

Improvements: On July 22, the government formally opened the long-awaited maximum-security State Prison with the capacity to hold 348 prisoners, of which 298 cells will be for prisoners and 50 for detainees. On September 4, the first group of prisoners was accommodated in the prison.

The ombudsman’s annual report for 2019 indicated that both Federation and Republika Srpska (RS) Ombudsman Institutions invested significant funds to improve conditions of their prison and detention facilities. In the Federation, this included construction of a new admission ward in the Bihac prison, building a new pavilion in the Zenica prison, and construction of the Orasje Educational Correctional facility for minors. Overcrowding at the Sarajevo detention unit was also resolved by moving some of the detainees to the Zenica prison detention facility and by expanding the capacity of the detention unit of the Sarajevo semiopen prison in Igman, which allows prisoners to leave over the weekend. In the RS, significant investments were made to prisons in Trebinje, Bijeljina, Istocno Sarajevo, and Banja Luka.

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.

Police generally arrested persons based on court orders and sufficient evidence or in conformity with rules prescribed by law. The law requires authorities to inform detainees of the charges against them immediately upon their arrest and obliges police to bring suspects before a prosecutor within 24 hours of detention (72 hours for terrorism charges). During this period, police may detain individuals for investigative purposes and processing. The prosecutor has an additional 24 hours to release the person or to request a court order extending pretrial detention by court police. The court has a subsequent 24 hours to make a decision.

Court police are separate from other police agencies and fall under the Ministry of Justice; their holding facilities are within the courts. After 24 or 48 hours of detention by court police, an individual must be presented to a magistrate who decides whether the suspect shall remain in custody or be released. Suspects who remain in custody are turned over to prison staff.

The law limits the duration of interrogations to a maximum of six hours. The law also limits pretrial detention to 12 months and trial detention to three years. There is a functioning bail system and restrictions, such as the confiscation of travel documents or house arrest, which were ordered regularly to ensure defendants appear in court.

The law allows detainees to request a lawyer of their own choosing, and if they are unable to afford a lawyer, the authorities should provide one. The law also requires the presence of a lawyer during the pretrial and trial hearings. Detainees are free to select their lawyer from a list of registered lawyers. In a 2016 report, the CPT noted that, in the vast majority of cases, authorities did not grant detainees access to a lawyer at the outset of their detention. Instead, such access occurred only when the detainee was brought before a prosecutor to give a statement or at the hearing before a judge. It was usually not possible for a detainee to consult with his or her lawyer in private prior to appearing before a prosecutor or judge. The report also noted that juveniles met by the CPT also alleged they were interviewed without a lawyer or person of trust present.

The state constitution provides the right to a fair hearing in civil and criminal matters while entity constitutions provide for an independent judiciary. Nevertheless, political parties and organized crime figures sometimes influenced the judiciary at both the state and entity levels in politically sensitive cases, especially those related to corruption. Authorities at times failed to enforce court decisions.

The law provides defendants a presumption of innocence; the right to be informed promptly and in detail of the charges against them, with free interpretation if necessary; the right to a fair and public trial without undue delay; and the right to be present at their trial. The law provides for the right to counsel at public expense if the prosecutor charges the defendant with a serious crime. Courts are obliged to appoint a defense attorney if the defendant is deaf or mute or detained or accused of a crime for which long-term imprisonment may be pronounced. Authorities generally gave defense attorneys adequate time and facilities to prepare their clients’ defense. The law provides defendants the right to confront witnesses, to have a court-appointed interpreter and written translation of pertinent court documents into a language understood by the defendant, to present witnesses and evidence on their own behalf, and to appeal verdicts. Authorities generally respected most of these rights, which extend to all defendants.

There were no reports of political prisoners or detainees.

The law provides for individuals and organizations to seek civil remedies for alleged human rights violations through domestic courts and provides for the appeal of decisions to the European Court of Human Rights (ECHR). The government failed to comply with many decisions pertaining to human rights by the country’s courts. The court system suffered from large backlogs of cases and the lack of an effective mechanism to enforce court orders. Inefficiency in the courts undermined the rule of law by making recourse to civil judgments less effective. In several cases the Constitutional Court found violations of the right to have proceedings finalized within a reasonable period of time. The government’s failure to comply with court decisions led plaintiffs to bring cases before the ECHR.

The four “traditional” religious communities (Muslim, Serbian Orthodox, Roman Catholic, and Jewish) had extensive claims for restitution of property nationalized during and after World War II. In the absence of a state restitution law governing the return of nationalized properties, many government officials used such properties as tools for ethnic and political manipulation. In a few cases, government officials refused to return properties, or at least give religious communities a temporary right to use them, even in cases in which evidence existed that they belonged to religious institutions before confiscation.

The government has no laws or mechanisms in place, and NGOs and advocacy groups reported that the government had not made progress on resolution of Holocaust-era claims, including for foreign citizens. The absence of legislation resulted in the return of religious property on an ad hoc basis, subject to the discretion of local authorities. Due to both the small size of the Jewish population and its lack of political influence, the Jewish community has not received any confiscated communal property since 1995. For example, one Jewish community building in the center of Sarajevo, formerly owned by the Jewish charity La Benevolencija, housed the Cantonal Ministry of Interior offices. In addition, the Stari Grad municipality in Sarajevo used the process of land “harmonization” to list itself as the owner of centrally located land, owned by members of the Jewish community or their heirs, and subsequently authorized construction of commercial real estate on that land. During the year different levels of government made no attempts to begin the process of discussing necessary steps to adopt restitution legislation.

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 law prohibits 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. The Botswana Defence Force has a judge advocate general that would investigate any such cases; the Botswana Police Service would conduct an internal investigation into these types of allegations with a referral to civilian prosecutors if necessary.

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

The constitution and law prohibit such practices, but unlike in years prior to 2019, there were no reports of police using such tactics. Some laws prescribe corporal punishment for convicted offenders in both criminal and customary courts. Human rights groups viewed these provisions as cruel and degrading; the Court of Appeals ruled these provisions do not violate the constitution’s provisions on torture or inhuman treatment. In April police reportedly used excessive force in at least one instance while enforcing the 2019 COVID-19 lockdown regulations in Lobatse, where two persons were beaten and injured. President Masisi released a statement vowing to investigate the incidents thoroughly and pledged not to tolerate abuse by security forces. The government did not release further information on the investigation following this statement. On September 29, police also fired tear gas and rubber bullets at university students in Palapye who were protesting nonpayment of their student allowances. Students alleged police used excessive force to break up the protests, while police said the students set fires and refused to disperse. Two students were arrested and charged with incitement to violence and disobedience of the law.

Impunity was not a significant problem in the security forces.

Prison and Detention Center Conditions

Prison and detention center conditions generally met international standards.

Physical Conditions: Authorities occasionally held juveniles with adults, although only for a few days while the juveniles awaited transport.

The Francistown Center for Illegal Immigrants (FCII) is a dedicated facility for processing asylum and other immigration claims by individuals who entered the country illegally. In previous years journalists reported allegations of authorities abusing asylum seekers in the FCII, but there were no reports of such abuses during the year. There was no school at the center, and international observers expressed concern some children were separated from parents at a young age. The government considered FCII to be a transit center for refugees, but some refugees previously spent several years there while awaiting review of their cases. Although in 2019 the government moved remaining long-term residents to the nearby Dukwi Refugee Camp, there was no protocol in place to prevent arrivals from spending long periods in FCII while their cases were processed. There were no significant reports regarding conditions at other prisons that raised human rights concerns.

Administration: Authorities investigated credible allegations of inhuman conditions brought by inmates against prison officials and took disciplinary or judicial action against persons responsible for abuses. The law requires the minister of defense, justice, and security to appoint a committee to visit prisons on a quarterly basis and allows religious authorities to visit with prisoners. The government enforced this law. Prisoners in general may also attend religious services.

Independent Monitoring: The government generally allowed international and local nongovernmental organizations (NGOs) to meet with prisoners and permitted independent human rights observers to visit prisons. The International Committee of the Red Cross visited prisons. Representatives of diplomatic missions have also been allowed access to the FCII.

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

Botswana Police Service (BPS) officers received human rights training at the country’s International Law Enforcement Academy.

Police must produce an arrest warrant issued by a duly authorized magistrate upon the presentation of compelling evidence, except in certain cases, such as when an officer witnesses a crime being committed or discovers a suspect is in possession of a controlled substance. Directorate of Intelligence and Security Services (DISS) personnel have the power to enter premises and make arrests without warrants if the agency suspects a person has committed or is about to commit a crime (see also section 2.a.).

The law requires authorities to inform suspects of their rights upon arrest, including the right to remain silent and to file charges before a magistrate within 48 hours. Authorities generally respected these rights. There were no reports of denial of a suspect’s right to an attorney during the first 48 hours after arrest and the right to arraignment before a magistrate. A magistrate may order a suspect held for 14 days through a writ of detention that may be renewed every 14 days. The law provides for a prompt judicial determination of the legality of a person’s detention. Heavy court caseloads occasionally delayed this determination. Authorities generally informed detainees of the reason for their detention, although there were some complaints this did not always occur. There is a functioning bail system, and detention without bail was unusual except in murder cases, where it is mandatory. Detainees have the right to contact a family member and hire attorneys of their choice, but most could not afford legal counsel. There were no reports authorities held suspects incommunicado or under house arrest.

Pretrial Detention: A writ of pretrial detention is valid for 14 days and is renewable every 14 days. Some detainees, however, waited several weeks or months between the filing of charges and the start of their trials. Pretrial detention in murder, rape, livestock theft, and robbery cases sometimes exceeded a year, but there were no reports of instances in which the length of detention equaled or exceeded the sentences actually imposed. Pretrial detainees comprised approximately 25 percent (2015 data) of prisoners, according to the NGO World Prison Brief. Delays were largely due to judicial staffing shortages and a backlog of pending cases.

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 a presumption of innocence, and authorities generally informed them promptly and in detail of the charges against them, with free interpretation from the moment charged through all appeals if he or she cannot understand the language of the court. Trials in the civilian courts are public, although trials under the National Security Act may be secret. Defendants have the right to be present and consult with an attorney in a timely manner. In capital cases the government provides legal counsel or private attorneys to work pro bono for indigent clients. Courts tried those charged with noncapital crimes without legal representation if they could not afford an attorney. As a result many defendants were not aware of their procedural rights in pretrial or trial proceedings. Defendants may question witnesses against them. Defendants may present witnesses and evidence on their own behalf. Defendants have the right to adequate time and facilities to prepare their defense and to appeal. Defendants are not compelled to testify or confess guilt. The constitution states these rights extend to all citizens. Some NGOs provided limited, free legal assistance.

In addition to the civil court system, a customary or traditional court system also exists. According to traditional practice, a tribal chief presides over most small villages. While customary (traditional) courts enjoyed widespread citizen support and respect, they often did not afford the same due process protections as the formal court system. Although defendants may confront, question, and present witnesses in customary court proceedings, they do not have legal counsel, and there are no standardized rules of evidence. Customary trials are open to the public, and defendants may present evidence on their own behalf. Tribal judges, appointed by the tribal leader or elected by the community, determine sentences. Many tribal judges were poorly trained. The quality of decisions reached in the customary courts varied considerably, and defendants often lacked a presumption of innocence. Tribal judges applied corporal punishment, such as lashings on the buttocks, more often than did civil courts. Those convicted in customary courts may file appeals through the civilian court system.

A separate military court system does not try civilians. Military courts have separate procedures from civil courts. Defendants in military courts are able to retain private attorneys at their own expense and view evidence to be used against them. Defendants in military court may have their cases transferred to the civilian judicial system. In addition military personnel may sue other military personnel in civilian civil court.

There were no reports of political prisoners or detainees.

In the formal judicial system, there is an independent and impartial judiciary in civil matters, including for human rights cases, which includes a separate industrial court for most labor-related cases. Administrative remedies were not widely available. By mutual agreement of the parties involved, customary courts, which handle land, marital, and property disputes, tried most civil cases but; they often did not afford the same due process protections as the formal judicial system. Although individuals and organizations may file complaints regarding domestic decisions with the African Commission on Human and Peoples’ Rights, the country has not ratified the protocol that established the court, which means the country does not always implement the court’s rulings.

The constitution and law prohibit such actions, but there were reports the DISS had developed capabilities for online surveillance. The BPS also used online surveillance of social media as part of COVID-19 state-of-emergency measures.

There were numerous reports that state police committed unlawful killings. In some cases police employed indiscriminate force. The nongovernmental organization (NGO) Brazilian Public Security Forum reported police killed 5,804 civilians in 2019, compared with 6,160 civilians in 2018. Rio de Janeiro State was responsible for 30 percent of the national total, despite representing just 8 percent of the population. Those killed included criminal suspects, civilians, and narcotics traffickers who engaged in violence against police. Accordingly, the extent of unlawful police killings was difficult to determine. The Federal Public Ministry and Federal Prosecutor’s Office investigate whether security force killings are justifiable and pursue prosecutions.

In the city of Rio de Janeiro, most deaths occurred while police were conducting operations against narcotics trafficking gangs in the more than 1,000 informal housing settlements (favelas), where an estimated 1.3 million persons lived. NGOs in Rio de Janeiro questioned whether all of the victims actually resisted arrest, as police had reported, and alleged that police often employed unnecessary force.

On May 18, 14-year-old Joao Pedro Matos Pinto sought shelter in his home in Rio de Janeiro State’s municipality of Sao Goncalo as a police helicopter circled above his neighborhood of Salgueiro, searching for a suspect. According to the autopsy report and witness testimonies, police raided Joao Pedro’s home and shot him in the back dozens of times. During the joint operation of the Federal Police and Civil Police Coordination of Special Resources Unit, authorities said they mistook the teenager for the suspect. The Federal Public Ministry initiated a public civil inquiry to investigate the participation of federal agents in the case. In addition to the Civil Police’s Homicide Division and Internal Affairs Unit, the state and federal public prosecutor’s offices were also investigating the case. As of August no one had been indicted or arrested.

The number of deaths resulting from military and civil police operations in the state of Sao Paulo from January to April grew 31 percent, compared with the same period in 2019. The figures for the four-month period included a spike in deaths in April, with military and civil police reporting 119 officer-involved deaths in the state, a 53-percent increase from April 2019. According to the Sao Paulo state government, military police reported 218 deaths resulting from street operations from January to April.

In Santa Catarina, in the first six months of the year, police killed one person every three days. After pandemic-induced social distancing measures began on March 16, the lethality of military police interventions increased by 85 percent, according to data from the Public Security Secretariat of Santa Catarina. Victims’ families contested police accounts of self-defense, reporting extrajudicial executions and police alteration of crime scenes to match their story.

In the state of Rio Grande do Sul in June, Angolan citizen Gilberto Almeida traveled to his friend Dorildes Laurindo’s house in Cachoeirinha, a suburb of Porto Alegre. Almeida and Laurindo requested a ride through a ride-sharing app. Unbeknownst to them, the driver was a fugitive with a history of drug trafficking. Police gave chase while Almeida and Laurindo were passengers. The driver stopped the car, fled, and was arrested. Officers from the Rio Grande do Sul 17th Military Police Battalion in Gravatai fired 35 times, hitting both Almeida and Laurindo multiple times when they got out of the car. Both were taken to the hospital, where Laurindo died of her wounds. Upon discharge from the hospital, Almeida was taken to the Gravatai police station and then to Canoas State Penitentiary for 12 days before being released by court order.

As of August, Rio de Janeiro’s Public Prosecutor’s Office continued investigating the case of a 2019 operation by two military police units–BOPE and the Battalion to Repress Conflicts (CHOQUE)–in the Santa Teresa neighborhood of the city of Rio de Janeiro. The operation resulted in the deaths of 15 persons. Military police reported all of the victims were criminals; however, human rights organizations claimed the victims offered no resistance and that many were shot in the back. An investigation by Rio de Janeiro’s military police concluded that evidence was insufficient to prove that any crimes were committed. In November 2019 the Civil Police Homicide Division recommended that the case be closed and that none of the investigated police officers be held accountable for the killings.

According to some civil society organizations, victims of police violence throughout the country were overwhelmingly young Afro-Brazilian men. The Brazilian Public Security Forum reported that almost 75 percent of the persons killed by police in 2019 were black. As of August a trial date had not been set for the army soldiers from Deodoro’s (a neighborhood located in western Rio de Janeiro City) 1st Infantry Motorized Battalion, who killed black musician Evaldo Rosa dos Santos and injured two others in April 2019. Nine of the accused were released on bail in May 2019. According to a survey of cases between 2015 and 2017 at the Superior Military Court involving military personnel, 70 percent were either dismissed or resulted in no punishment.

Verbal and physical attacks on politicians and candidates were common. A survey from NGOs Terra de Direitos and Justica Global found 327 cases of political violence, including murder, threats, physical violence, and arrests of politicians or candidates between 2016 and September 2020. A majority of the violence–92 percent–targeted politicians and candidates at the municipal level. As of September 1, at least two candidate or incumbent city councilors, elected mayors or vice mayors, were killed each month of the year. In 63 percent of the cases, authorities had not identified any suspects. In September, Federal Deputy Taliria Petrone appealed to the United Nations for protection from multiple death threats she had received, saying Rio de Janeiro State and the federal government were failing to offer appropriate protections.

According to the aforementioned survey, as of September 1, a total of 27 politicians and candidates had been killed or attacked, and a record 32 killings of politicians and candidates in 2019. In Rio de Janeiro State alone, nine sitting and former politicians were killed in 2019. In March police arrested two former police officers, Ronnie Lessa and Elcio Vieira de Queiroz, in connection with the 2018 killing of a gay, black, Rio de Janeiro city council member and human rights activist, Marielle Franco, and her driver. A preliminary trial began in June 2019 at the Fourth Criminal Court in Rio de Janeiro. As of August police had not identified who ordered the crime, and no trial date had been set for the two accused.

The NGO Global Witness reported 23 social, human rights, and environmental activists were killed in 2019, leading it to classify the country as “extremely lethal” for activists. In March media reported that police officers from the Ninth Military Police Battalion of Uberlandia, Minas Gerais, killed human rights and land rights activist Daniquel Oliveira with a shot to the back of his head. Oliveira was a leader of the Landless Workers Movement. According to police, Oliveira shot at the officers, and they returned fire to defend themselves. According to other Landless Workers Movement activists, Oliveira was unarmed. Police initiated an internal investigation, and the Public Ministry of Minas Gerais interviewed witnesses regarding the killing.

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

The constitution prohibits torture and inhuman or degrading treatment, but there were reports government officials sometimes employed such practices. The law mandates that special police courts exercise jurisdiction over state military police except those charged with “willful crimes against life,” primarily homicide. Impunity for security forces was a problem. Police personnel often were responsible for investigating charges of torture and excessive force carried out by fellow officers. Delays in the special military police courts allowed many cases to expire due to statutes of limitations.

According to the National Council of the Public Ministry, in 2019 there were 2,676 cases of guards and other personnel inflicting bodily harm on prisoners, compared with 3,261 cases in 2018.

In May residents of the Favela do Acari in the city of Rio de Janeiro reported that Iago Cesar dos Reis Gonzaga was tortured and killed during an operation in the community led by CHOQUE and BOPE. The victim’s family corroborated the residents’ report, saying that unidentified police officers tortured, abducted, and killed Iago. The 39th Police Precinct in Pavuna was investigating the case.

On July 12, a television channel broadcasted mobile phone video recordings of a police officer from the 50th Sao Paulo Metropolitan Military Police Battalion holding a black woman on the ground by stepping on her neck. The video was filmed in May in Sao Paulo during a public disturbance call. The woman sustained a fractured leg injury during the incident, and the two officers involved were suspended from duty and were under investigation for misconduct. The police officer who held the woman on the ground was indicted for abuse of authority.

There were reports of sexual assault committed by police. According to Globo news outlet, in August security cameras showed a Rio de Janeiro State military police officer inside the building of the victim who accused him of rape. The victim reported that the officer had been in the building a week before the incident responding to a domestic disturbance call. The officer returned to her building, identifying himself to the doorman as the one who had responded to the earlier call and saying that he needed to talk with the victim. The doormen allowed him to enter the building, and according to the victim, the officer entered her apartment and raped her. The state military police were investigating the case. The officer was suspended from field duties.

In January a military court provisionally released the two military police officers from the 37th and 40th Sao Paulo Metropolitan Military Police Battalions suspected of raping a woman in Praia Grande, Sao Paulo, in June 2019. As of August 10, no verdict had been issued. The two officers were not allowed to resume duties in the field.

In March the Military Prosecutor’s Office opened an investigation into the torture accusations against federal military officers from Vila Military’s First Army Division, but as of August no officer had been charged. In 2018 the press reported claims that the officers tortured 10 male residents of Rio de Janeiro. As of March all 10 men had been released after one year and four months in detention.

In July, four military police officers from the Itajai Military Police Battalion were convicted of torture and received sentences ranging from three to 10 years, in an operation that took place in 2011 in Itajai, Santa Catarina. The agents entered a house to investigate a drug trafficking complaint and attacked three suspects–two men and a woman–with punches, kicks, and electrical stun gun shots. The final report indicated officers fired 33 shots at the three suspects and three other persons, including two children.

Impunity for security forces was a problem. Police personnel often were responsible for investigating charges of torture and excessive force carried out by fellow officers, although independent investigations increased. Delays in the special military police courts allowed many cases to expire due to statutes of limitation. Local NGOs, however, argued that corruption within the judiciary, especially at the local and state levels, was a concern and alleged that impunity for crimes committed by security forces was common. According to a survey of cases involving military personnel between 2015 and 2017 at the Superior Military Court, 70 percent were either dismissed or resulted in no punishment. There was a 26-percent increase, however, in arrests of military police officers in the state of Sao Paulo between January and May, compared with the same period in 2019. Most of the 86 arrests during the year were for homicide, corruption, drug trafficking, and assault.

Prison and Detention Center Conditions

Conditions in many prisons were poor and sometimes life threatening, mainly due to overcrowding. Abuse by prison guards continued, and poor working conditions and low pay for prison guards encouraged corruption.

Physical Conditions: According to the National Penitentiary Department, as of December 2019, the average overall occupation rate in prisons was 170 percent of the designed capacity. The northern region of the country experienced the worst overcrowding, with three times more prisoners than the intended capacity. The southern state of Parana reported a shortage of 12,500 spaces for inmates in correctional facilities and provisional centers within the metropolitan area of Curitiba as a result of a 334-percent increase in the number of arrests in the first four months of the year. Much of the overcrowding was due to the imprisonment of pretrial detainees. A February survey by the news portal G1 showed that 31 percent of detainees were being held without a conviction, a drop from 36 percent in 2019.

A June report by the NGO Mechanism to Prevent Torture highlighted that prisons in all 26 states and the Federal District faced overcrowding and shortages in water (some facilities had water available for only two hours per day), personal hygiene products, and proper medical care. Prison populations endured frequent outbreaks of diseases such as tuberculosis and suffered from high rates of sexually transmitted diseases such as syphilis and HIV. Letters from detainees to the Pastoral Carceraria, a prison-monitoring NGO connected to the Catholic Church, reported a lack of guarantee of rights such as education, recreation, and contact with family and lawyers due to COVID-19 restrictions imposed by prison authorities.

Reports of abuse by prison guards continued. In March 2019 the national daily newspaper Folha de S. Paulo reported that the Sao Paulo Penitentiary Administration Secretary’s Ombudsman’s Office received 73 reports of torture in correctional facilities in the state of Sao Paulo in the first two months of 2019, of which 66 were related to the Provisional Detention Center of Osasco, in the metropolitan area of Sao Paulo. Reports mentioned long punishment in isolated cells, lack of access to health care, and psychological torture. The center was operating at 50 percent beyond designed capacity.

Police arrested one person in Fortaleza, Ceara State, who was allegedly responsible for the January 2019 prison riots that resulted in the Ministry of Justice authorizing a federal intervention taskforce to enter the state’s prisons. The National Mechanism for the Prevention and Combat of Torture investigated reports of abuse and reported in October 2019 that prison guards systematically broke prisoners’ fingers as a way to immobilize them. The National Penitentiary Department denied the findings of torture, stating prisoners were injured in the violent riots and received medical treatment.

General prison conditions were poor. There was a lack of potable water, inadequate nutrition, food contamination, rat and cockroach infestations, damp and dark cells, a lack of clothing and hygiene items, and poor sanitation. According to a March report from the Ministry of Health, prisoners were 35 times more likely to contract tuberculosis, compared with the general public. One NGO, the Rio de Janeiro Mechanism for Torture Prevention, asserted that injured inmates were denied medication and proper medical treatment.

Prisoners convicted of petty crimes frequently were held with murderers and other violent criminals. Authorities attempted to hold pretrial detainees separately from convicted prisoners, but lack of space often required placing convicted criminals in pretrial detention facilities. In many prisons, including those in the Federal District, officials attempted to separate violent offenders from other inmates and keep convicted drug traffickers in a wing apart from the rest of the prison population. Multiple sources reported adolescents were held with adults in poor and crowded conditions.

Prisons suffered from insufficient staffing and lack of control over inmates. Violence was rampant in prison facilities. According to the National Penitentiary Department, 188 prisoners were killed while in custody in 2019. In addition to poor administration of the prison system, overcrowding, the presence of gangs, and corruption contributed to violence. Media reports indicated incarcerated leaders of major criminal gangs continued to control their expanding transnational criminal enterprises from inside prisons.

Prison riots were common occurrences. In April approximately 100 minors rioted in the juvenile detention center Dom Bosco in Ilha do Governador, Rio de Janeiro City, after authorities suspended family visits due to the COVID-19 pandemic. Inmates set fire to mattresses, broke doors, and injured two guards.

Administration: State-level ombudsman offices; the National Council of Justice; the National Mechanism for the Prevention and Combat of Torture in the Ministry of Women, Family, and Human Rights; and the National Penitentiary Department in the Ministry of Justice monitored prison and detention center conditions and conducted investigations of credible allegations of mistreatment.

Due to COVID-19, Sao Paulo State penitentiaries implemented restrictive visitation policies. Beginning in March visits to inmates in the states of Santa Catarina and Rio Grande do Sul were suspended. In April, Santa Catarina implemented virtual visits. In Rio Grande do Sul, almost 3,000 inmates belonging to high-risk groups for COVID-19 were released from prison to house arrest and electronic monitoring.

Independent Monitoring: The government permitted monitoring by independent nongovernmental observers. Prisoners and detainees had access to visitors; however, human rights observers reported some visitors complained of screening procedures that at times included invasive and unsanitary physical exams.

Improvements: Ceara State prison officials took steps to reduce overcrowding by building new prisons, including a maximum-security prison inaugurated in February, reforming existing prisons to accommodate 5,000 more prisoners, and maximizing the use of parole programs. The state banned cell phones and televisions in prisons, increased the use of videoconferences so that prisoners had access to lawyers, and provided expanded access to educational courses.

In October a new law established Santa Catarina State’s policy for the rehabilitation of formerly incarcerated persons. The law guarantees support and promotes social inclusion for formerly incarcerated persons, assists them in entering the labor market, develops educational and professional qualification programs, and provides incentives to companies that provide jobs to this vulnerable population.

The constitution prohibits arbitrary arrest and detention and limits arrests to those caught in the act of committing a crime or called for by order of a judicial authority; however, police at times did not respect this prohibition. The law provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed this provision.

Officials must advise persons of their rights at the time of arrest or before taking them into custody for interrogation. The law prohibits use of force during an arrest unless the suspect attempts to escape or resists arrest. According to human rights observers, some detainees complained of physical abuse while being taken into police custody.

Authorities generally respected the constitutional right to a prompt judicial determination of the legality of detention. The law permits provisional detention for up to five days under specified conditions during an investigation, but a judge may extend this period. A judge may also order temporary detention for an additional five days for processing. Preventive detention for an initial period of 15 days is permitted if police suspect a detainee may flee the area. Defendants arrested in the act of committing a crime must be charged within 30 days of arrest. Other defendants must be charged within 45 days, although this period may be extended. In cases involving heinous crimes, torture, drug trafficking, and terrorism, pretrial detention could last 30 days with the option to extend for an additional 30 days. Often the period for charging defendants had to be extended because of court backlogs. The law does not provide for a maximum period of pretrial detention, which is decided on a case-by-case basis. Bail was available for most crimes, and defendants facing charges for all but the most serious crimes have the right to a bail hearing. Prison authorities generally allowed detainees prompt access to a lawyer. Indigent detainees have the right to a lawyer provided by the state. Detainees had prompt access to family members. If detainees are convicted, time in detention before trial is subtracted from their sentences.

Arbitrary Arrest: On September 2, civil police officers from the Rio de Janeiro 76th Police Station arrested Luiz Carlos da Costa Justino for a 2017 car theft. According to police, the robbery victim identified Justino from a photograph lineup in the police station. According to media outlets, Justino, who was an adolescent at the time of the robbery, did not have a criminal record and therefore police should not have had access to any photographs of him. Video evidence showed that at the time of the crime, Justino, an Afro-Brazilian musician with the Grota String Orchestra in Niteroi, was performing in an event at a bakery located four miles from the crime scene. Justino was released after five days. As of October the public prosecutor’s office of Rio de Janeiro was reviewing Justino’s petition for revocation of the arrest.

Pretrial Detention: According to the Ministry of Justice’s National Penitentiary Department, 30 percent of prisoners nationwide were in pretrial detention. A study conducted by the National Penitentiary Department in 2018 found more than half of pretrial detainees in 17 states had been held in pretrial detention for more than 90 days. The study found that 100 percent of pretrial detainees in Sergipe State, 91 percent in Alagoas State, 84 percent in Parana State, and 74 percent in Amazonas State had been held for more than 90 days.

The constitution provides for an independent judiciary, and the government generally respected judicial independence and impartiality. Local NGOs, however, argued that corruption within the judiciary, especially at the local and state levels, was a concern and alleged that impunity for crimes committed by security forces was common.

The constitution provides for the right to a fair and public trial, and an independent judiciary generally enforced this right, although NGOs reported that in some rural regions–especially in cases involving land-rights activists–police, prosecutors, and the judiciary were perceived to be more susceptible to external influences, including fear of reprisals. Investigations, prosecutions, and trials in these cases often were delayed.

After an arrest a judge reviews the case, determines whether it should proceed, and assigns the case to a state prosecutor, who decides whether to issue an indictment. Juries hear cases involving capital crimes; judges try those accused of lesser crimes. Defendants enjoy a presumption of innocence and have the right to be present at their trial, to be promptly informed of charges, not to be compelled to testify or confess guilt, to confront and question adverse witnesses, to present their own witnesses and evidence, and to appeal verdicts. Defendants generally had adequate time and facilities to prepare a defense but do not have the right to free assistance of an interpreter.

Although the law requires trials be held within a set time, there were millions of backlogged cases at state, federal, and appellate courts, and cases often took many years to be concluded. To reduce the backlog, state and federal courts frequently dismissed old cases without a hearing. While the law provides for the right to counsel, the Ministry of Public Security stated many prisoners could not afford an attorney. The court must furnish a public defender or private attorney at public expense in such cases, but staffing deficits persisted in all states.

There were no reports of political prisoners or detainees.

Citizens may submit lawsuits before the courts for human rights violations. While the justice system provides for an independent civil judiciary, courts were burdened with backlogs and sometimes subject to corruption, political influence, and indirect intimidation. Cases involving violations of an individual’s human rights may be submitted through petitions by individuals or organizations to the Inter-American Commission on Human Rights, which in turn may submit the case to the Inter-American Court of Human Rights.

The government has no laws or mechanisms in place for, and NGOs and advocacy groups reported that the government had not made progress on, resolution of Holocaust-era claims, including for foreign citizens. Brazil endorsed the Terezin Declaration in 2009 and the Guidelines and Best Practices in 2010. Persons in the federal government, the Israeli diplomatic mission to Brazil, civil society organizations, and synagogues were unaware of any laws codifying the return of Holocaust-era property to victims. Representatives of the Uniao Brasileiro-Israelita do Bem Estar Social (UNIBES), a nonprofit organization operating in Sao Paulo for more than 95 years, worked with survivors based in the country pursuing claims, but usually those claims were done privately without advocacy or assistance from the government. UNIBES representatives said governmental assistance was primarily of a consular nature, provided to survivors pursuing claims while in Europe.

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

Although the law and constitution prohibit warrantless searches, NGOs reported police occasionally conducted searches without warrants. Human rights groups, other NGOs, and media reported incidents of excessive police searches in poor neighborhoods. During these operations police stopped and questioned persons and searched cars and residences without warrants.

The Ministry of Justice’s Secretariat of Integrated Operations (SEOPI) provided information on individuals identified as antifascists to other law enforcement agencies. The press leaked a SEOPI dossier with the names, photographs, and social media activity of at least 579 individuals nationwide, including police officers, university professors, and former secretaries of public security and human rights. On August 3, the Minister of Justice fired the head of SEOPI and initiated an internal investigation into the matter. On August 20, the Supreme Court determined the monitoring had been illegal.

In October the president signed a decree compelling all federal bodies to share most of the data they hold on citizens, from health records to biometric information, and consolidate it into a single database. Officials argued this would consolidate information and facilitate citizen’s access to government services. There was no debate or public consultations before the decree was signed, and critics warned that the concentration of data could be used to violate personal privacy and other civil liberties. The database was to include biographic information, health information, and biometric data, such as facial profiles, voice, iris and retina scans, and prints of digits and palms.

There were no reports that the government or its agents committed arbitrary or unlawful killings. Military investigators and prosecutors in three territorial prosecution services investigate military personnel killings; police investigators, investigative magistrates, and prosecutors investigate other security force killings.

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

The constitution and law prohibit such practices, but there were reports of government officials employing violent and degrading treatment. For example, on July 10, police beat and detained Dimitar Pedev for hooliganism during an antigovernment protest in Sofia, claiming he had provoked them. Pedev, who claimed he was a passerby and not a protester, felt ill in jail and was transferred to a hospital where his mother reported she found him “with a hematoma and concussion, chained to a hospital bed…even his legs.” Nongovernmental organizations (NGOs) alleged that the prison administration kept Pedev handcuffed to a bed for more than two days while doctors treated his injuries. As of December authorities were conducting an internal inquiry.

In February, 30-year-old Nikolay Ilkov claimed police in Sofia stopped him in his car, checked his documents, tested him for alcohol and drugs, and searched his vehicle for weapons and drugs. Ilkov passed the inspections but refused to go into the patrol car for an inspection of his underwear and socks. The patrol officers interpreted his refusal as aggression and three police officers held him while another beat him, leaving him with a hemorrhaged eye and a broken tooth. As of December, Sofia police were conducting an internal investigation of the case.

According to the NGO Bulgarian Helsinki Committee (BHC), police brutality in prison and detention facilities occurred with impunity. The BHC cited prosecutorial statistics obtained through a court order indicating that in 2019 the prosecution tracked 78 open cases of police violence, closed 67 cases, and carried out 13 investigations that resulted in no prosecutions, no indictments, and no convictions. According to the BHC, physical abuse of detainees by police was widespread and disproportionately affected Romani suspects. Most cases were not included in statistics, since victims often did not report it because most considered reporting abuse to be pointless.

The prosecutor general reported to the National Assembly in September that 15 cases of police violence were under investigation.

Prison and Detention Center Conditions

Conditions in prisons and detention centers were generally poor. There were reports of overcrowding in some facilities, prisoner-on-prisoner violence, prison staff corruption, and inadequate sanitary, living, and medical facilities.

Physical Conditions: In February the ombudsman recommended the closing of two low-security facilities, Keramichna Fabrika in Vratsa and Kremikovtsi near Sofia, as well as the Central Sofia Prison due to “extremely bad physical conditions, overcrowding, hygiene problems, and cockroach and bedbug infestations.” The BHC and the ombudsman identified several additional problems, including overcrowding, poor access to health care and its poor quality wherever available, declining access to education, and unjustified use of handcuffs in detention facilities and hospitals.

The BHC reported extremely poor conditions in the overcrowded detention center in Gabrovo, “the last underground jail,” located below ground level, with poor access to natural light, no ventilation, poor hygiene, no toilet or bathing facilities in the cells, and limited open-air space. In June the Ministry of Justice informed the BHC of the government’s decision to close down the Gabrovo facility and relocate it to a new facility that was being converted for that purpose.

In May the BHC urged the Supreme Judicial Council to include inmate complaints of isolation, torture, and degrading treatment in the list of “urgent” cases that courts were allowed to review during the COVID-19 state of emergency. In April the BHC reported that defendants in detention at Central Sofia Prison complained of the “lack of systematic and comprehensive health protection measures” vis-a-vis the threat of COVID-19. The complainants alleged that prison authorities mixed persons detained before and after the declaration of the pandemic and did not enforce protective and hygiene measures. The BHC claimed medical personnel did not report all cases of violence against prisoners by custodial staff to the prosecution service. As of December the prison administration reported 34 cases of prisoners and detainees infected with COVID-19, including 18 hospitalizations and one death.

In January the ombudsman reported there had been 24 deaths in 2019 at an institution for persons with dementia in the village of Gorsko Kosovo. The ombudsman identified overcrowding and poor sanitary conditions there as enduring problems. The Ministry of Labor and Social Policy inspected the facility, acknowledged the poor conditions, and suspended the placement of new residents, but did not find any violations on the part of the staff.

The ombudsman identified “extremely bad conditions” in state psychiatric hospitals, including overcrowding, poor physical conditions, meager food, and lack of adequate care. In December the Council of Europe’s Committee for the Prevention of Torture (CPT) reported “grossly insufficient” staffing at psychiatric hospitals and identified continuous physical mistreatment (slaps, pushes, punches, kicks, and hitting with sticks) of patients by staff. The CPT raised “serious concerns regarding the use of means of restraint in psychiatric hospitals,” including metal chains on wrists and ankles secured with padlocks for days on end.

The law provides for the establishment of closed-type centers or designation of closed-type areas within a refugee reception center for confinement in isolation of disorderly migrants.

Administration: Authorities investigated allegations of mistreatment. According to the CPT, the prison administration suffered from serious corruption as well as a shortage of health-care personnel. The BHC and the ombudsman also identified violations of privacy of correspondence and prison corruption as problems. Contrary to law, regulations allow night searches of sleeping quarters for unapproved possessions, and the ombudsman criticized the prison administration for conducting such searches. In December the law was amended to restrict prisoners’ right to appeal administrative acts such as punishment or relocation. These appeals are now limited to the local administrative courts, and cannot go to the Supreme Administrative Court. The ombudsman and lawyers expressed concerns that the new provision restricted prisoners’ right to justice, lead to contradictory court practices, and render citizens unequal before the law.

In March the BHC criticized the government’s decision to suspend prison visits for the duration of the coronavirus-related state of emergency (March 13 to May 13), asserting that authorities could have shown flexibility instead of instituting a general ban, since two-thirds of all prison visits took place behind a partition without physical contact. Authorities reinstated visits after May 13, when the state of emergency ended.

Human rights activists accused the prison administration of confiscating applications for membership to the Bulgarian Prisoner Association, an NGO founded by inmates to advocate for prisoner rights, and of punishing and physically abusing its members. NGOs complained that the prison administration refused to collaborate with them if the NGOs had anything to do with the Bulgarian Prisoner Association.

Independent Monitoring: The government permitted monitoring of prisons by independent nongovernmental observers. From August 10 to 21, a delegation from the CPT carried out an ad hoc visit to examine progress on the implementation of its recommendations concerning the treatment, conditions, and legal safeguards offered to psychiatric patients and residents of social care institutions.

Improvements: As of October the government refurbished a building to serve as a new detention facility in Kardjali, renovated the toilets in the detention facility in Plovdiv, and repaired the roofs of the prison facilities in Varna, Plovdiv, Pazardjik, and the detention facility in Sofia.

Although the constitution and law prohibit arbitrary arrest and detention, there were reports that police at times abused their arrest and detention authority. The law 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.

The law provides that police normally must obtain a warrant prior to apprehending an individual. Police may hold a detainee for 24 hours without charge, and a prosecutor may authorize an additional 72 hours. A court must approve detention longer than the additional 72 hours. The law prohibits holding detainees in custody without indictment for more than two months if they are charged with misdemeanors. Detainees charged with felonies may be held without indictment for eight months, while persons suspected of crimes punishable by at least 15 years’ imprisonment may be held up to 18 months without indictment. Prosecutors may not arrest military personnel without the defense minister’s approval. Authorities generally observed these laws.

The law provides for release on personal recognizance, bail, and house arrest, and these measures were widely used.

The law provides for the right to counsel from the time of detention. Regulations are that detainees have access to legal counsel no later than two hours after detention and that a lawyer have access to the detainee within 30 minutes of his or her arrival at a police station. The law provides for government-funded legal aid for low-income defendants, who could choose from a list of public defenders provided by the bar associations. A national hotline provided free legal consultations eight hours per day.

The BHC reported that police denied lawyers access to persons detained in several police precincts in Sofia during antigovernment protests on September 2, telling the detainees they were not under arrest and did not need legal assistance. The ombudsman initiated an inspection in the Second Police Precinct that identified at least two cases in which detainees did not receive immediate access to a lawyer. Further, the ombudsman found no record of meetings between detainees and lawyers despite the precinct officers’ claims of lawyers’ visits several hours after the detentions.

On May 28, the Supreme Cassation Court denied the prosecutor general’s request to reopen Bulgarian Prisoner Association leader Jock Palfreeman’s parole case. The prosecutor general had challenged the Sofia Appellate Court’s decision in the case, accusing the panel of judges of bias due to prior collaboration with the BHC, which the appellate court had asked to provide a written evaluation on the progress of Palfreeman’s rehabilitation. Palfreeman sought a retrial and was appealing the expulsion order imposed concurrent with his parole.

Arbitrary Arrest: There were reports of arbitrary detention. For example, the BHC reported receiving numerous complaints from peaceful participants in antigovernment protests on September 2 that they were detained without being involved in any illegal activities and subsequently held for a long time in overcrowded cells without access to food or water. Police actions during that day’s protests escalated after a group started throwing stones, firecrackers, and other objects at police.

The constitution and law provide for an independent judiciary, but corruption, inefficiency, and lack of accountability were pervasive problems. Public trust in the judicial system remained low because of the perception that magistrates were susceptible to political pressure and rendered unequal justice.

In February the National Assembly amended the Judicial System Act, excluding judges, prosecutors, and investigating magistrates from responsibility for their official actions in an administrative court. NGOs criticized the change, noting that it will make the judiciary unaccountable for acts of discrimination committed in their official capacities.

After the COVID-19 state of emergency expired in May, the Supreme Judicial Council decided to continue restricting public access to court sessions and to allow only the presence of both sides and their legal counsels in courtrooms, citing antipandemic precautions. The council ordered court press officers to use all available methods to provide information on case developments as a replacement for public access.

According to human rights organizations, the law has low standards for a fair trial, creating possibilities for the violation of lawyers’ and defendants’ procedural rights. In an interview with Der Spiegel on September 7, Supreme Cassation Court president Lozan Panov stated, “The Supreme Judicial Council, the judicial self-governance body…mainly consists of politically appointed and controlled members. Therefore, it will be fair to say that the most important parts of the Bulgarian judiciary are under political influence and can be corrupted.”

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

The law presumes defendants are innocent until proven guilty. Defendants have the right to be informed promptly and in detail of the charges against them. They have the right to a timely trial, but long delays affected the delivery of justice in criminal procedures. All court hearings are public except for cases involving national security, endangering public morals, and affecting the privacy of juvenile defendants. Defendants have the right to be present at their trials and can demand a retrial if convicted in absentia unless they were evading justice at the time of the first trial.

The constitution and the law give defendants the right to an attorney, provided at public expense for those who cannot afford one. A defense attorney is mandatory if the alleged crime carries a possible punishment of 10 or more years in prison; also if the defendant is a juvenile, foreigner, or person with mental or physical disabilities, or if the accused is absent. Defendants have the right to ample time and facilities to prepare a defense. They have the right to free interpretation as necessary from the moment they are charged through all appeals. Defendants have the right to confront witnesses, examine evidence, and present their own witnesses and evidence. Defendants are not compelled to testify or confess guilt. The law provides for the right of appeal, which was widely used.

There were no reports of political prisoners or detainees.

The law prohibits official discrimination in access to employment, education, health care, and other rights and freedoms provided in the constitution and the law. The government investigated complaints of discrimination, issued rulings, and imposed sanctions on violators. The law allows individuals to pursue a discrimination case through the court system or through the Commission for Protection against Discrimination. Individuals may file allegations of human rights abuses with courts and with the commission, which can impose fines on violators.

After all remedies in domestic courts are exhausted, individuals can appeal decisions involving alleged violations of the European Convention on Human Rights by the state to the European Court of Human Rights.

According to the BHC, authorities evicted Romani families from their homes for political reasons ahead of elections, citing legal obligations to demolish illegal and hazardous buildings, while failing to provide the required support to the evicted persons, leaving them homeless.

While the government has no legislation specific to Holocaust-era property restitution, there are laws and mechanisms to address communist-era real estate claims (not including moveable property), including by foreign citizens. These laws were applied to cover Holocaust-related claims. All cases have long been closed.

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 law prohibit such actions. In March the National Assembly passed a law on Measures and Actions during the state of emergency that allowed law enforcement agencies to access electronic data traffic in order to control quarantined persons. NGOs expressed concern that the law does not provide for judicial control of such access nor guarantees that it will not be applied to nonquarantined persons. NGOs also expressed concern that the provision will remain a part of the legislation after the state of emergency is over.

There were numerous reports state security forces committed arbitrary and unlawful killings. Multiple independent domestic and international human rights groups accused the security forces of committing hundreds of extrajudicial killings of civilians as part of its counterterrorism strategy (see section 1.g.).

According to Human Rights Watch (HRW) and Amnesty International, on April 9, government security forces executed 31 unarmed Fulani men in the town of Djibo in the northern Sahel Region hours after arresting them during a counterterrorism operation. Residents later interviewed regarding the incident attributed the killings to the Groupement des Forces Anti-Terroristes, a mixed counterterrorism force (composed of members of the army and gendarmerie) based nearby. On April 10, the Defense Ministry’s director of military justice announced the opening of an investigation and later recommitted to investigating these and other similar killings on July 3. The president also reiterated this commitment. There were no updates regarding the investigation by year’s end.

On May 11, gendarmes, accompanied by several local members of the Volunteers for the Defense of the Fatherland (Volontaires pour la defense de la patrie or VDPs), arrested 25 suspected terrorists trading in the market in Pentchangou near Tanwalbougou in Fada N’Gourma Commune (Est Region); 12 of the detainees died later that night, reportedly while in police custody. Local and international human rights advocacy groups claimed that the prisoners, all of whom were ethnic Fulani/Peuhl, were executed and suggested that the security services had profiled members of the Fulani ethnic group. On May 27, the Fada prosecutor declared a preliminary probe could not determine the cause of death of the 12 detainees but stated they were not executed. As of November the case was under investigation by the military tribunal.

In July a security officer was arrested who had headed a June 29 operation in Tanwalbougou (Est Region) that led to the death of seven civilians.

According to a local human rights group, the Burkinabe Movement for Human and People’s Rights (le Mouvement burkinabe des droits de l’homme et des peuples or MBDHP), on May 4 and 5, VDPs arrested Idrissa Barry, a councilor; Amadou Diande, another councilor; and his son Adama Diande, a community health worker, in the vicinity of Barsalogo, Centre-Nord Region. Their families found them fatally shot and killed.

On March 8, at least 43 Fulani men were killed in the commune of Barga in the Nord Region. While the government blamed the attack on violent extremist organizations, local media and observers reported the attackers were members of government-condoned vigilante groups known as Koglweogo, who reportedly believed the Fulani were harboring terrorists.

Extremists carried out more than 500 attacks that resulted in hundreds of deaths, targeting traditional, religious, and political leaders; humanitarian workers; members of government security forces; VDPs; and civilians. For example, on July 6, extremists killed the mayor of Pensa in Bam Province and later killed six soldiers and three VDPs who deployed in response to the initial attack. On August 7, unidentified armed individuals attacked a cattle market in Namougou village in the Est Region, killing at least 20 persons and wounding many others. On August 8, a truck loaded with animal feed transported by the UN Food and Agriculture Organization to the city of Djibo was attacked by unidentified armed individuals. On August 11, Souaibou Cisse, Grand Imam of Djibo, was kidnapped by unidentified gunman and was found dead on August 15 in Tibere village, three miles from Djibo. On November 11, Islamic State in the Greater Sahara terrorists ambushed a military convoy in Oudalan Province in the Sahel Region, killing 14 soldiers and injuring others (see section 1.g.).

Ethnic Fulani (Peuhls), who were often recruited by extremist groups, were disproportionately the target of extrajudicial killings by security forces due to their perceived sympathies with Islamic extremist groups.

There were several accounts of criminal groups working in concert with terrorist organizations and drug traffickers killing gendarmes, police, VDPs, and park rangers, especially in the Est Region. Burkinabe security forces also reportedly committed abuses while conducting counterterrorism operations in Mali. In particular, the UN’s Multidimensional Integrated Stabilization Mission in Mali (MINUSMA) Human Rights and Protection Division documented 50 alleged “arbitrary” executions by the Burkinabe Armed Forces between May 26 and 28. As of year’s end, there was no update to these cases.

There were numerous reports of disappearances of civilians suspected by security forces of committing acts of terrorism. For example, Amnesty International reported on the disappearances of 34 persons attributed to security forces in March and April, and HRW reported on the disappearances of at least 180 persons in the area around the town of Djibo in the Sahel Region between November 2019 and June, which HRW said available evidence suggested had been carried out by security forces.

Extremists were also suspected in numerous disappearances (see section 1.g., Abductions).

The constitution and law prohibit such practices. Local rights groups alleged numerous accounts of torture committed by the military, gendarmerie, police, VDPs, and members of the Koglweogo. The majority of allegations of torture involved victims suspected of having links to terrorists or persons of Fulani/Peuhl ethnicity.

A human rights nongovernmental organization (NGO) reported that prison guards at the Ouagadougou’s House of Arrest and Correction (MACO) occasionally used excessive physical force, inflicting injuries on prisoners.

In March the MBDHP accused defense and security forces of inflicting acts of torture against offenders of the government’s COVID-19 curfew.

On July 10, a gendarme and a soldier reportedly raped two girls in Ouagadougou during an arrest for lack of identity documents. On July 24, the two were sentenced to four and three years, respectively, in prison.

On August 14, a gendarme reportedly tortured a 16-year-old minor in the Boucle du Mouhoun who refused his advances. The gendarme placed an order at the restaurant where she worked and asked the girl to deliver it to his home, where he handcuffed her, forced her to wear gris-gris (type of amulet common in parts of West Africa), and put chili pepper into her vagina. On October 20, he was given a five-year prison sentence by the Banfora Court (with possibility of parole after two years) and ordered to pay the victim 500,000 CFA francs ($900) in damages within a period of three months.

According to the Conduct in UN Field Missions online portal, there was one open allegation from 2015 of sexual exploitation and abuse by Burkina Faso peacekeepers deployed to a UN peacekeeping mission, allegedly involving 10 peacekeepers who engaged in transactional sex with an adult. As of September the government was still investigating the allegation and had not provided accountability measures taken.

Prison and Detention Center Conditions

Conditions in prisons and detention facilities were harsh and at times life- threatening due to overcrowding and inadequate sanitary conditions and medical care.

Physical Conditions: Authorities held pretrial detainees in the same locations as convicted prisoners. The High Security Prison (HSP) in Ouagadougou, which mostly houses suspected terrorists, was at double its designed capacity, housing more than 900 inmates. Almost all were in pretrial detention.

Female prisoners had better conditions than those of men, in large part due to less crowding. Some infants and children younger than age five accompanied their inmate mothers. There were no appropriate facilities or installations for prisoners or detainees with disabilities, who relied on other inmates for assistance.

Food, potable water, sanitation, heating, ventilation, lighting, and medical care were inadequate in the majority of detention facilities across the country. Tuberculosis, HIV/AIDS, and malaria were the most common health problems among prisoners. For example, at the HSP there were three nurses employed to treat more than 900 detainees and prisoners, with no doctor present on site but available on an on-call basis. Detention conditions were better for wealthy or influential citizens or detainees considered nonviolent.

Prisoners received two meals a day, but diets were inadequate, and inmates often relied on supplemental food from relatives. Some prisons lacked adequate ventilation, although some cells had electricity and some inmates had fans. Sanitation was rudimentary.

In April the government released 1,207 prisoners from prisons nationwide in response to COVID-19, an estimated 16 percent reduction of the prison population. Pardons depended on the age and health of prisoners, and only those who had already served at least half of their sentence were eligible. Prisoners convicted of banditry, terrorism, and female genital mutilation (FGM) were excluded from the measure. While this reduction provided relief to sanitary conditions in chronically overpopulated facilities, the facilities continued to operate at more than double their original capacity.

Administration: The government issued a May 20 statement reiterating the local prosecutor’s commitment to a criminal investigation into the May 11 death of 12 detainees who were “suspected terrorists” in Tanwalbougou, Est Region, as well as a government administrative inquiry into the same incident (see section 1.a. and 1.g.).

On August 4, the director of the Ziniare prison, Kalfa Millogo, was arrested for extortion of funds from detainees.

Because of COVID-19, the government suspended visits to all prisons from March 19 until further notice. Parcels and meals coming from outside for inmates, as well as visits by lawyers to their clients, were authorized, subject to compliance with the prevention system against COVID-19 set up in penitentiary establishments by the Ministry of Health in early March.

Independent Monitoring: The government permitted monitoring by independent nongovernmental observers. The International Committee of the Red Cross was able to visit 2,800 prisoners in eight facilities in Ouagadougou, Fada N’Gourma, and Ouahigouya.

Improvements: As part of the fight against COVID-19, the French government and the Ministry of Justice signed an agreement in late June to strengthen the management of COVID-19 at the MACO and at the HSP.

In October the government completed the construction of a new detention center with a designed capacity for 500 inmates and a new administrative building for prison personnel in the civil prison of Bobo-Dioulasso, the second largest city of the country. The new detention center has 76 collective cells and 15 individual cells. The cells include showers, toilets, as well as collective visiting rooms and three individual visiting rooms for detainees’ lawyers.

The constitution and law prohibit arbitrary arrest and detention and provide for the right of persons to challenge the lawfulness of their arrest or detention in court. Arbitrary arrests occurred, however, and a lack of access to defense counsel and inadequate staffing of the judiciary prevented many detainees from seeking pretrial release in court.

By law police and gendarmes must usually possess a court-issued warrant based on sufficient evidence before apprehending a person suspected of committing a crime, but authorities did not always follow these procedures. Authorities did not consistently inform detainees of charges against them. Detainees have the right to expeditious arraignment, bail, access to legal counsel, and, if indigent, access to a lawyer provided by the government after being charged. In practice, however, attorneys were not appointed until trial began. A judge may order temporary release without bail pending trial. Authorities seldom respected these rights. The law provides detainees access to family members through court-issued authorizations.

The law limits detention without charge for investigative purposes to a maximum of 72 hours, renewable for a single 48-hour period. In terrorism investigations the law allows detention for a 10-day period. In cases not related to terrorism, police did not always comply with the law, and the average time of detention without charge (preventive detention) was one week. Once authorities charge a suspect, the law permits judges to impose an unlimited number of consecutive six-month preventive detention periods while the prosecutor investigates charges. Authorities often detained defendants without access to legal counsel for weeks, months, or even years before the defendant appeared before a magistrate. There were instances in which authorities detained suspects incommunicado.

Arbitrary Arrest: Local independent rights groups alleged that security forces regularly arrested individuals arbitrarily for suspected involvement in terrorism. An official with the Ministry of Justice reported that hundreds of individuals detained at the HSP remained in detention without being charged. Judiciary leaders decried what they saw as a “broad net” cast by security forces in the field, whom they suspected of rounding up large groups of suspects without sufficient cause.

Pretrial Detention: In many cases authorities held detainees without charge or trial for longer periods than the maximum sentence for conviction of the alleged offense; this was especially true in cases involving terrorism. While a pretrial release (release on bail) system existed, the extent of its use was unknown. Authorities estimated 52 percent of prisoners nationwide were in pretrial status, but local independent rights groups estimated it to be as high as 70 percent. Local media regularly reported on cases of persons detained more than one year without trial. During the year the courts began ordering the release of suspected terrorists against whom there was insufficient evidence to move to trial on criminal charges, according to reports from HSP officials in Ouagadougou. On February 6, an HSP official reported that during January, 39 adult male terror suspects held at HSP were ordered to be released by the military and civilian courts. Some who were released unconditionally for a lack of evidence were to remain under court supervision pending further investigation of their cases. More than half of the released suspects were from the community of Djibo in the embattled Sahel Region close to the border with Mali.

The HSP population grew steadily, from 550 in October 2018 to more than 900 in pretrial detention as of August, and the government had not yet successfully prosecuted a single terrorism case through to completion. A lack of counsel specialized in criminal law, particularly defense lawyers willing to represent detainees arrested on terrorism charges, greatly contributed to delays in bringing cases to trial.

In September the government completed construction of a second courthouse in Ouagadougou to focus on terrorism cases. The national counterterrorism court (which has jurisdiction over terrorism cases) at this new courthouse was not operational by year’s end. The Superior Council of Magistrates named the judges to sit in the new tribunal and increased the staff to manage a growing caseload of unresolved terrorism cases.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: The law provides persons arrested or detained the right to challenge in court the legal basis or arbitrary nature of their detention. Prisoners who did so, however, reportedly faced difficulties due to either judicial corruption or inadequate staffing of the judiciary.

The constitution and law provide for an independent judiciary, but the judiciary was corrupt, inefficient, and subject to executive influence, according to NGOs. There were no instances in which the trial outcomes appeared predetermined, however, and authorities respected court orders. Legal codes remained outdated, there were not enough courts, and legal costs were excessive. Citizens’ poor knowledge of their rights further weakened their ability to obtain justice. The reluctance of private defense lawyers to represent terrorist suspects in criminal cases was a problem, due to both lack of funds to pay appointed counsel and the social stigma associated with representing accused terrorists.

Military courts try cases involving military personnel charged with violating the military code of conduct. In certain rare cases, military courts may also try cases involving civilian defendants. Rights provided in military courts are equivalent to those in civil criminal courts. Military courts are headed by a civilian judge, hold public trials, and publish verdicts in the local press.

The law presumes defendants are innocent. Defendants have the right to be informed promptly and in detail of the charges, with free assistance of an interpreter. Trials are public but may be delayed. Judicial authorities use juries only in serious criminal cases. Defendants have the right to be present at their trials and to legal representation, consultation, and adequate time and facilities to prepare a defense. Defendants have the right to provide evidence. Defendants have the right not to be compelled to testify or confess guilt, but a refusal to testify often resulted in harsher decisions. Defendants may challenge and present witnesses, and they have the right of appeal. In civil cases where the defendant is destitute and files an appeal, the state provides a court-appointed lawyer. In criminal cases court-appointed lawyers are mandatory for those who cannot afford one. The government did not always respect these rights, due in part to a continuing shortage of magistrates and court-appointed lawyers.

There were no reports of political prisoners or detainees during the year, although some arrests and detentions may have been politically motivated.

In January, after diplomatic negotiations, the military prosecutor granted a six-month permission to Djibril Bassole to receive medical care in France. Bassole, former minister of foreign affairs and founder of opposition party New Alliance of the Faso, was sentenced in September 2019 to 10 years’ imprisonment by the Ouagadougou military court for allegedly providing support to the failed 2015 military coup. Bassole signed a declaration of honor in which he pledged “to appear in court as soon as [his] medical treatment is completed.” In addition, the former minister deposited the sum of 30 million CFA francs ($50,000) as a bond. Bassole, who was to return to Burkina Faso on June 29, requested and was granted a temporary extension of his stay in Paris.

There is an independent judiciary in civil matters, but it was often seen as inefficient, corrupt, and subject to executive influence. As a result, citizens sometimes preferred to rely on the Office of the Ombudsman to settle disputes with the government.

The law provides for access to a court to file lawsuits seeking damages for, or cessation of, a human rights violation, and both administrative and judicial remedies were available for alleged wrongs. Victims of human rights violations may appeal directly to the Economic Community of West African States (ECOWAS) Court of Justice, even before going through national courts. For civil and commercial disputes, authorities may refer cases to the ECOWAS Common Court of Justice and Arbitration in Abidjan, Cote d’Ivoire. The courts issued several such orders during the year.

There were problems enforcing court orders in sensitive cases involving national security, wealthy or influential persons, and government officials.

The constitution and law prohibit such actions, and the government generally respected these prohibitions. In cases of national security, however, the law permits surveillance, searches, and monitoring of telephones and private correspondence without a warrant. The penal code permits wiretapping in terrorism cases, to be authorized by the president of a tribunal for a limited term. Investigative judges have the authority to authorize audio recording in private places. These investigations techniques were relatively new to the legal framework. The national intelligence service is authorized to use technology for surveillance, national security, and counterterrorism purposes.

In 2018 President Kabore declared a state of emergency in response to growing insecurity from extremist attacks in 14 provinces within seven of the country’s 13 administrative regions. The state of emergency granted additional powers to the security forces to carry out searches of homes and restrict freedom of movement and assembly. The state of emergency was most recently extended in January for an additional 12 months. Authorities in the Sahel and Est Regions also ordered a curfew due to extremist attacks.

According to international and local independent rights groups, the military employed informant systems to generate lists of suspected terrorists based on anecdotal evidence.

The country experienced numerous attacks by violent extremist organizations during the year, such as targeted killings, abductions, attacks on schools and mining sites, and theft of food assistance, contributing to a humanitarian crisis and creating significant internal displacement. Security forces also were responsible for killings and other abuses.

Killings: According to the Armed Conflict Location and Event Data Project, as of November 14, there were more than 2,200 conflict-related fatalities since the beginning of the year, including more than 1,000 civilian deaths perpetrated by both security forces and various armed groups.

HRW issued a report in July documenting 180 civilian deaths, the majority of whom were Fulani men, between November 2019 and June, allegedly at the hands of security forces around Djibo in the Sahel Region.

On June 29, security forces reportedly arrested 12 Fulani men near Tanwalbougou (Est Region). Seven of the 12 were found dead on the outskirts of the village, in the same area where security forces allegedly killed 12 others while in detention the month before (see section 1.a.). The other five were released in a nearby village, after allegedly being tortured to the point of requiring urgent medical care.

In addition to large numbers of attacks against civilians perpetrated by armed groups and security forces alike, there were numerous attacks by extremists against security forces throughout the year (see section 1.a.).

As of August extremists including Jama’at Nasr al-Islam wal Muslimin and the Group for the Support of Islam and Muslims, the Islamic State in the Greater Sahara, and Ansaroul Islam had conducted 22 attacks against political leaders and village officials in various locales, unlike in prior years when there were few known incidents of apparent targeted assassinations. In March a former mayor, a deputy mayor, three village chiefs, one prince, and two village development councilors were killed in the Est Region. In May, four village development councilors were killed in the Est Region. On June 13, the deputy mayor of the commune of Solhan, Sahel Region, was killed. In July a mayor and two municipal councilors were killed in the Centre Nord Region.

Armed groups also took advantage of poor road maintenance to plant improvised explosive devices (IEDs) in potholes and ditches in efforts to ambush security forces and VDPs, which also led to the deaths of civilians. On January 4, a provincial government-sponsored bus convoy carrying children back to school after winter holidays triggered an IED believed to have been planted by extremists in Sourou Province. The blast killed 14 passengers, including seven schoolchildren. On July 12, Mathias Tankoano, the president of the Higher Council of Communication (CSC), and his security escort escaped an ambush by unidentified armed individuals employing a remotely controlled IED.

Extremists often targeted religious houses of worship and faith leaders. In December 2019 extremists killed 14 worshipers including the pastor during Sunday mass in their church in Hontoukoura village, (Komondjari Province, Est Region). On February 10, extremists abducted seven persons at the home of a pastor in Sebba, Sahel Region; five bodies, including that of the pastor, were found the following day. On February 18, extremists stormed Pansy village (Yagha Province, in the commune of Boundore) killing 24, including a pastor of the International Missionary Society, and they burned a Protestant church. On August 11, extremists kidnapped the imam of Djibo Grand Mosque in the Nord Region, while he was travelling back from Ouagadougou. He was found dead on August 15 in the outskirts of Djibo.

On January 20, extremists killed 36 civilians in Nagraogo and Alamou villages in Barsalogho Commune, Centre-Nord Region. Returned internally displaced persons (IDPs) were among the victims. On January 25, extremists stormed the village of Silgadji (Tongomayel Commune, Soum Province, Sahel Region) and killed 39 civilians of different religious backgrounds. Press and security services reported that on May 29, extremists attacked a convoy of local shopkeepers returning from the local market in Loroum Province’s Titao town, killing 16 civilians. On May 31, extremists fired upon the crowd at the cattle market in Kompienbiga village, near Pama, killing 25 and injuring others.

On June 26, armed attackers ambushed a convoy of merchants, under escort by VDPs, on the Titao-Solle road in Loroum Province (Nord Region). Despite a prompt reaction from the Solle military detachment, six VDPs and one soldier were killed and several others injured.

On July 13, 20 gunmen attacked the villages of Gabougou and Fondjoma in Matiakoali Commune, in the East. They allegedly killed five persons and abducted two others. Two days later the same gunmen reportedly returned to these villages claiming that they had a list of 30 individuals they would execute. Many in the villages fled.

On July 21, the body of a VDP from Peela village in Tangaye, abducted two days earlier by extremists, was discovered by fellow VDPs. They had to move the body from a distance using a rope because the body had been covered in explosives.

Communal tensions, often exploited by extremists, security forces, and VDPs, sometimes resulted in interethnic clashes.

An investigation by the government remained open with no charges made following the January 2019 attack by members of Koglweogo against Fulani herding communities in Yirgou outside the town of Barsalogho that killed 46 civilians. On February 4, authorities provisionally released the Koglweogo vigilante group leader Boureima Nadbanka and one other Koglweogo member, of 13 who had been arrested in December 2019; the releases followed protests by Nadbanka’s supporters who had blocked roads to pressure the government into releasing him.

Abductions: Extremists kidnapped dozens of civilians throughout the year, including international humanitarian aid and medical workers. In August media sources reported the kidnapping of the deputy mayor of Lanfiera (Centre Ouest Region) by unidentified armed individuals. On August 27, extremists kidnapped two retired civil servants on the Namissiguia-Djibo road at an illegal checkpoint and released them on September 5 in the village of Bourro, 19 miles from Djibo (Sahel Region). On September 18, the chief of Djibasso village, in the Boucle du Mouhoun Region, was kidnapped and remained missing at year’s end.

Physical Abuse, Punishment, and Torture: According to HRW, the Collective against Communities’ Impunity and Stigmatization, and the MBDHP, on several occasions security force members tortured and beat civilians they suspected of having ties to terrorist groups, and sometimes destroyed their property (see section 1.c.).

In July witnesses said extremists raped two women in a village in the Nord Region.

Child Soldiers: There were no reports of the government recruiting or using child soldiers. Although it was difficult to obtain precise data on groups that recruited and used children, information from the Ministry of Justice reported the presence of a few children, estimated to be 12-14 years old, held in detention centers on terrorism charges, which indicated that armed nonstate groups may have recruited minors. As of September officials from the Ministry of Justice confirmed that eight minors, arrested with alleged terrorists, were detained at the HSP and the MACO. Several minors arrested and detained as terror suspects were released to NGOs and the Red Cross for return to their families.

Other Conflict–related Abuse: According to the Ministry of National Education, as of September 15, 2,300 schools had closed due to attacks or insecurity, negatively affecting almost 350,000 students and more than 11,200 teachers (section 6, Children). In a May report, HRW documented the alleged use of 10 schools by government security forces for military purposes in Centre-Nord and Sahel Regions in 2019, including three occupied as bases for six months to a year. In at least eight cases, the schools had reportedly closed due to insecurity prior to the occupation. In July at least 13 schools were burned in the municipality of Tansarga, in the Est Region; reports indicated that up to 20 armed individuals went from village to village ransacking and burning the schools. On September 15, extremists set fire to the elementary school, communal high school, town hall, and prefecture in Tansarga, Est Region.

Local authorities in the Sahel, Nord, and Est Regions reported that extremists had displaced hundreds of thousands of civilians and limited movement in rural areas. According to the independent nonprofit news organization The New Humanitarian, the number of persons in need of emergency food aid tripled to more than 3.2 million during the year, with an estimated 11,000 suffering from “catastrophic” levels of hunger. The government worked with international and local aid organizations to improve food, water, health services, and protection for affected civilians against abuses and violations, but civilians and civilian services remained extremely vulnerable and in many cases were directly targeted by armed groups.

Throughout the year armed groups attacked medical facilities and hijacked ambulances and official vehicles of humanitarian and medical aid workers. According to UN Population Fund, as of July approximately 113 health centers were closed and 156 were idle due to terrorist activity, depriving 1.5 million persons of access to health care. Multiple sources reported that on June 24, unknown attackers seized a World Food Program (WFP) truck in Soum Province (Sahel Region). The attackers stole the truck’s cargo (35 metric tons of vegetable oil for WFP’s nutrition distribution) and abducted the driver and his apprentice for several hours before releasing them and the vehicle the same night.

On August 27, unidentified armed individuals caused a serious water shortage in Titao after they broke into a sector of the city of Titao, in Loroum Province (Nord Region), and destroyed machinery used to pump water to treatment stations of the National Office for Water and Sanitation. The assailants also stole the battery and starter, reportedly for use in making IEDs.

According to a report commissioned by the government, extremist attacks on gold mining sites gave them access to gold as a source of funding, as well as to explosives for the production of IEDs. The report revealed that since 2016, armed extremist groups had reaped 70 billion CFA francs ($126 million) from attacks on mining sites.

Extremist groups also forced women, predominantly in the North and Sahel Regions, to cover their heads, forced men to wear religious garb, prevented children from going to non-Quranic schools, and prohibited civilians from drinking alcohol, smoking, and frequenting bars at the risk of beatings or death.

There were numerous reports security forces committed arbitrary or unlawful killings (see also section 1.g.) of civilians, prisoners, and other persons in their power.

On April 7, seven persons in Paletwa Township, Chin State, were killed when military airstrikes hit the village. Those killed included two children, a mother, and an infant. Eight others were injured. On June 10, Myo Thant, a 43-year-old also from Paletwa Township, was shot and killed by members of military’s 22nd Light Infantry Brigade.

In late June, a 60-year-old farmer named Lone Hsu was killed and a woman was injured when soldiers opened fire on a village in northern Shan State. The incident sparked a protest by more than 10,000 persons in Kyaukme Township, who called for an end to military brutality against civilians. On June 29, the military announced the squadron commander would be court-martialed because the shooter–an infantry soldier–had died in battle. There was no report of action as of November.

There were reports of suspects in custody dying as a result of police mistreatment. On August 10, two 17-year-old boys, sentenced to two years’ incarceration at the Mandalay Community Rehabilitation Centre for robbery, died under suspicious circumstances after a failed escape attempt, according to local media. The families of the deceased noted injuries found on the bodies of both boys.

There were reports of disappearances by security forces.

Khaing Khant Kyaw, a student at the Defense Services Medical Academy in Rangoon, disappeared in late August after he criticized military leaders in an August Facebook post. As of November, his whereabouts were unknown, according to the news service Myanmar Now.

According to the Chin Human Rights Organization, at least 18 persons from Paletwa Township in Chin State and from Rakhine State remained missing as of November, some two years after disappearing. At least three were reportedly abducted by the ethnic Rakhine Arakan Army (AA) (see also section 1.g.).

The law prohibits torture; however, members of security forces reportedly tortured and otherwise abused suspects, prisoners, detainees, and others. Such incidents occurred, for example, in prisons and in Rakhine State. Authorities generally took no action to investigate incidents or punish alleged perpetrators.

Human rights groups reported incidents of alleged torture by security forces and some ethnic armed groups in ethnic minority areas. In Rakhine State, hundreds of prisoners reportedly were subject to torture and abuse by state prison and security officials.

Sexual violence by security force members continued. On January 14, a Chin woman was hospitalized after she was reportedly tortured while in the custody of military forces operating under the Western Command in Ann, Rakhine State. She was arrested on suspicion that her husband had been in contact with members of the AA. In another case on June 29, a woman in Rakhine State’s Rathedaung Township was allegedly raped by three military personnel at gunpoint. The 36-year-old woman filed a complaint with Sittwe Police Station, and the police station accepted the complaint and opened cases for rape, abduction with the intent to rape, and aiding and abetting rape. The military was also conducting an internal investigation.

Although there were reports of official investigations into some cases of alleged sexual violence, the government released no information on them.

Security forces reportedly subjected detainees to harsh interrogation techniques designed to intimidate and disorient, including severe beatings and deprivation of food, water, and sleep.

There was a widespread impression that security force members enjoyed near complete impunity for abuses committed. Police and military tribunals were often not transparent about investigations, trials, or punishments they claimed to have undertaken. There was no information to suggest that human rights training was a prominent part of overall security forces training or that rights abuses were punished in ways commensurate with the seriousness of crimes committed.

On September 16, the military’s Office of the Judge Advocate General announced that it was “investigating possible wider patterns of violations in the region of northern Rakhine State in 2016 and 2017.” The announcement came after release of a report by a government-appointed commission on violence in the region that found security forces had committed war crimes (see section 5, Government Human Rights Bodies).

On June 30, the military announced that two officers and a soldier had been convicted for “weakness in following the instructions” during the “Gu Dar Pyin incident.” Rakhine State’s Gu Dar Pyin village was the site of a massacre by the military in 2017, part of its campaign of mass atrocities that forced more than 740,000 Rohingya to flee to Bangladesh. The military did not provide any other information, such as the names and ranks of those convicted, their role in the massacre, or their sentences.

Prison and Detention Center Conditions

Conditions in prisons, labor camps, and military detention facilities were reportedly harsh and sometimes life threatening due to overcrowding, degrading treatment, and inadequate access to medical care and basic needs, including food, shelter, and hygiene.

Physical Conditions: There were 46 prisons and 50 labor camps, the latter referred to by the government as “agriculture and livestock breeding career training centers” and “manufacturing centers.” A prominent human rights group estimated there were approximately 70,000 prisoners. Women and men were held separately. Overcrowding was reportedly a serious problem in many prisons and labor camps. In March, before the latest general amnesty, a human rights group reported that occupancy at the country’s largest prison was nearly triple capacity. Some prisons held pretrial detainees together with convicted prisoners. More than 20,000 inmates were serving court-mandated sentences in labor camps located across the country.

Corruption was endemic in the penal system. Some authorities reportedly sent prisoners whose sentences did not include “hard labor” to labor camps in contravention of the law and “rented out” prisoners as labor to private companies for personal financial gain, although official policy prohibited both practices. In spite of reforms in recent years, conditions at the camps remained life threatening for some, especially at 18 labor camps where prisoners worked as miners.

Bedding was often inadequate and sometimes consisted of a single mat, wooden platform, or laminated plastic sheet on a concrete floor. Prisoners did not always have access to potable water. In many cases family members had to supplement prisoners’ official rations, medicine, and basic necessities. Inmates also reportedly paid prison officials for necessities, including clean water, prison uniforms, plates, cups, and utensils.

Medical care was inadequate and reportedly contributed to deaths in custody. Prisoners suffered from health problems, including malaria, heart disease, high blood pressure, tuberculosis, skin diseases, and stomach problems, caused or exacerbated by unhygienic conditions and spoiled food. Former prisoners also complained of poorly maintained physical structures that provided no protection from the elements and had rodent, snake, and mold infestations.

Prison conditions in Rakhine State were reportedly among the worst.

Administration: Prisoners and detainees could sometimes submit complaints to judicial authorities without censorship or negative repercussions, but there was no clear legal or administrative protection for this right.

Some prisons prevented full adherence to religious codes for prisoners, ostensibly due to space restrictions and security concerns. For example, imprisoned Buddhist monks reported authorities denied them permission to observe holy days, wear robes, shave their heads, or eat on a schedule compatible with the monastic code. For the general prison population, some authorities allowed individual or group worship, but prohibited long beards, wearing robes, or shaved heads.

Independent Monitoring: The ICRC had conditional and limited access to all prisons and labor camps; it did not have access to military detention sites. With prior approval from the Prison Department, it could visit prisons and labor camps twice monthly but could not meet privately with prisoners. The ICRC reported its findings through a strictly confidential bilateral dialogue with prison authorities. These reports were neither public nor shared with any other party.

The Ministry of Home Affairs Department of Corrections operates the prison and labor camp system. The International Committee of the Red Cross (ICRC) and the UN Office on Drugs and Crime were able to visit facilities during the past year, although some restrictions on access remain.

The military did not permit access to its detention facilities.

Improvements: The UN Office of Drugs and Crime strengthened its health system program in four prisons by including measures to respond to the COVID-19 pandemic.

The law does not prohibit arbitrary arrest, and the government continued to arrest persons, often from ethnic and religious minority groups, and notably in Rakhine State, on an arbitrary basis. Persons held generally did not have the right to appeal the legality of their arrest or detention administratively or before a court.

The law allows authorities to order detention without charge or trial of anyone they believe is performing or might perform any act that endangers the sovereignty and security of the state or public peace and tranquility. The civilian government and the military continued to interpret these laws broadly and used them arbitrarily to detain activists, student leaders, farmers, journalists, political staff, and human rights defenders.

Personnel from the Office of the Chief of Military Security Affairs and police commonly conducted searches and made arrests at will, despite the law generally requiring warrants.

The law generally requires warrants for arrest, but this this requirement was not always followed.

By law authorities may hold suspects in pretrial detention for two weeks (with a possible two-week extension) before bringing them before a judge or informing them of the charges against them. According to the Independent Lawyers’ Association of Myanmar, police regularly detained suspects for two weeks, failed to file a charge, and released suspects briefly before detaining them for a series of two-week periods with pro forma trips to the judge in between.

The law grants detainees the right to consult an attorney, but in some cases authorities refused to allow suspects this right. The law provides access to fair and equal legal aid based on international standards and mandates the independence of and legal protection for legal aid workers. The government failed to provide adequate funding and staffing to implement the law fully. Through September the legal aid program handled 300 cases.

There is a functioning bail system, but bribery was a common substitute for bail. Bail is commonly offered in criminal cases, but defendants were often required to attend numerous pretrial hearings before bail was granted.

In some cases the government held detainees incommunicado. There were reports authorities did not inform family members or attorneys of arrests of persons in a timely manner, reveal the whereabouts of those held, and often denied families the right to see prisoners in a timely manner.

Arbitrary Arrest: There were reports of arbitrary arrests, including detention by the military in conflict areas.

Amnesty International documented arbitrary detention in several townships in Rakhine State. A villager from Kyauktaw Township witnessed soldiers arresting 10 villagers, including her husband, on March 16. She said soldiers punched, kicked, and used guns to hit those who resisted.

On July 24, land activist Gei Om was taken into custody after a local official sent a letter of complaint to authorities in Mindat Township, Chin State, alleging that Gei Om had spread false news about possible illicit activities, was involved in an illegal land dispute settlement in 2016, and had been collecting illegal taxes from villagers. Prior to his arrest, Gei Om helped local community leaders to monitor the impact of a model farm project to harvest oil seed plants designed by the Management Committee of Mindat Township, according to the International Federation for Human Rights. They reportedly found that those in charge of the model farms had engaged in illegal logging and that the farms had caused environmental damage in Natma Taung National Park.

Pretrial Detention: Judges and police sometimes colluded to extend detentions. According to the Independent Lawyers’ Association, arbitrary and lengthy pretrial detentions resulted from lengthy, complicated legal procedures and widespread corruption. Periods of detention prior to and during trials sometimes equaled or exceeded the sentence that would result from a conviction.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Although habeas corpus exists in law, security forces often arrested and detained individuals without following proper procedures, in violation of national law. Arbitrary arrest or detention was sometimes used to suppress political dissent, according to the Assistance Association for Political Prisoners.

The law calls for an independent judiciary, but the government manipulated the courts for political ends and sometimes deprived citizens of due process and the right to a fair trial, particularly in freedom of expression cases.

The criminal justice system was overburdened by a high number of cases lodged against small-time drug users, who constituted an estimated 50 percent of caseloads in the courts.

Corruption in the judiciary remained a significant problem. According to civil society organizations, officials at all levels received illegal payments at all stages of the legal process for purposes ranging from influencing routine matters, such as access to a detainee in police custody, to substantive decisions, such as fixing the outcome of a case.

The case of political activist Aung That Zin Oo (known as James) illustrates the prolonged delays, procedural irregularities, and political maneuvering that mark the judicial process. On August 25, a township court convicted James of carrying fake identification cards during a 2015 protest and sentenced him to six months at hard labor. James was tried and convicted because the local immigration office refused to drop the charges against him, although all charges against others arrested with him were dropped when the National League for Democracy (NLD) government took office in 2016.

The military and the government directly and indirectly exerted influence over the outcome of cases. Former military personnel, for example, served in key positions, and observers reported that the military pressured judicial officials in cases involving military interests, such as investments in military-owned enterprises.

The law provides for the right to a fair and public trial but also grants broad exceptions, effectively allowing the government to violate these rights at will. In ordinary criminal cases, the government allowed courts to operate independently, and courts generally respected some basic due process rights such as allowing a defense and appeal. Defendants do not enjoy a presumption of innocence or the rights to be informed promptly and in detail of the charges against them; to be present at their trial; to free interpretation; or, except in capital cases, to consult an attorney of their choice or have one provided at government expense. There is no right to adequate time and facilities to prepare a defense; defense attorneys in criminal cases generally had 15 days to prepare for trial. There is a fair trial standards manual, but because of the low standard of legal education, prosecutors, defense attorneys, and judges were often unfamiliar with precedent, case law, and basic legal procedures. While no legal provision allows for coerced testimony or confessions of defendants to be used in court, authorities reportedly accepted both. There were reports of official coercion to plead guilty despite a lack of evidence, with promises of reduced sentences to defendants who did so.

Although the law provides that ordinary criminal cases should be open to the public, members of the public with no direct involvement in a case were sometimes denied entry to courts. Defense attorneys generally could call witnesses and conduct cross-examinations. Prodemocracy activists generally were able to retain counsel, but other defendants’ access to counsel was inadequate.

Local civil society groups noted the public was largely unaware of its legal rights, and there were too few lawyers to meet public needs.

The government continued to detain and arrest journalists, activists, and critics of the government and the military. According to civil society groups who use a definition of political prisoners that includes those who may have engaged in acts of violence and excludes some charges related to freedom of expression and religion, there were 36 convicted political prisoners as of October. Another 584 individuals were facing trial for their political views, of whom 193 were in pretrial detention and the rest were out on bail, according to the Assistance Association for Political Prisoners. The ICRC had very limited access to political prisoners.

Authorities held some political prisoners separately from common criminals, but political prisoners arrested in land rights disputes were generally held together with common criminals.

On May 18, the Union Election Commission annulled Aye Maung’s status as a lower house lawmaker and barred him from running in future elections due to his treason conviction. In 2019 Aye Maung, then chairman of the Arakan National Party, was sentenced to 20 years in prison for high treason and another two years for defamation of the state after remarks interpreted by the government as expressing and encouraging support for the AA.

Many former political prisoners were subject to surveillance and restrictions following their release, including the inability to resume studies or secure travel, identity, or land ownership documents.

No specific mechanisms or laws provide for civil remedies for human rights abuses; however, complainants may use provisions of the penal code and laws of civil procedure to seek civil remedies. Individuals and organizations may not appeal an adverse decision to regional human rights bodies but may make complaints to the Myanmar National Human Rights Commission.

Under the constitution the state owns all land, although there is a limited amount of freehold land and the law allows for registration and sale of private land ownership rights. Most land is held in long-term lease, meaning that while this leasehold land is still owned by the government, it is leased to private parties on a long-term basis with a general expectation that the leasehold will automatically roll over upon its expiration. The law provides for compensation when the government acquires privately held land for a public purpose; however, civil society groups criticized the lack of safeguards in the law and declared that compensation was infrequent and inadequate when offered. The government can also declare land unused or “vacant” and assign it to foreign investors or designate it for other uses. Authorities and private-sector organizations seized land during the year; restitution was very limited. In Mon State, for example, retired military personnel acting as private-sector land agents obtained land use rights to pursue development of rubber plantations, while those displaced received minimal compensation.

The General Administration Department of the Office of the Union Government oversees land restitution. There is no judicial review of land ownership or confiscation decisions, although there are limited administrative processes to manage objections. Administrative bodies subject to political control by the national government make final decisions on land use and registration. Researchers and civil society groups stated land laws facilitated land confiscation without providing adequate procedural protections. In some cases, advance notice of confiscations was not given.

The law does not favor recognition of traditional land-tenure systems (customary tenure). In March the new Vacant, Fallow, and Virgin Lands Management Law came into effect, requiring anyone occupying land classified as “vacant, fallow, or virgin” to apply for permits within six months. Continued use of the affected land without applying for permits meant land users would be in trespass and could be sentenced to up to two years in prison. If rigorously enforced, this order could result in millions of persons losing rights of access to their lands. Understanding of the new law and the application process was low in affected communities.

Beginning in September, police began to arrest farmers for violating the new law. Eight farmers were sentenced to two years’ imprisonment for farming land in Ayeyarwady Region that the local government seized as vacant and sold to a private company.

Civil society groups argued the new law was unjust and called for its immediate suspension. These groups also called for customary tenure to be defined and included in all land laws since it is included in the National Land Use Policy.

Observers were concerned about official statements suggesting that the new law could also be used to prevent displaced Rohingya from returning to their land or receiving adequate compensation. Officials stated that burned land would revert to the government and posted signs in several venues to that effect. Given that the military bulldozed villages, demolished structures, and cleared vegetation to build security bases and other structures in Rakhine State and given that the land law states that land not used productively within four years reverts to the government, civil society groups saw little progress in returning land confiscated by the government.

In March a group of 41 Karenni farmers and activists who were detained for more than six months for damaging property in a dispute with the army predating the new law were released from prison in Loikaw, Kayah State, after completing their sentences and paying fines. During the year many other farmers were awaiting trial in similar cases.

Neither restitution nor adequate compensation was provided to persons or communities whose land was confiscated under the former military regime.

The law protects the privacy and security of the home and property, but these protections were poorly enforced. The law does not protect the privacy of correspondence or other communications.

Some activists reported the government systematically monitored citizens’ travel and closely monitored the activities of politically active persons, while others reported they did not experience any such invasions of privacy. Special Branch police, official intelligence networks, and other administrative systems (see section 2.d.) were reported agents of such surveillance.

The government and military commonly monitored private electronic communications through online surveillance. Police used Cellebrite technology to breach cell phones. While Cellebrite halted new sales in the country and stopped servicing equipment that was already sold in late 2018, authorities continued to employ the technology.

Authorities in Rakhine State required Rohingya to obtain a permit to marry officially, a step not required of other ethnicities. Waiting times for the permit could exceed one year, and bribes usually were required. Unauthorized marriages could result in prosecution of Rohingya men under the law, which prohibits a man from “deceitfully” marrying a woman, and could result in a prison sentence or fine.

There were reports of regular, unannounced nighttime household checks in northern Rakhine State and in other areas.

There were long-running armed internal conflicts across the country. Reports of killings, disappearances, beatings, torture, forced labor, forced relocations, the unlawful recruitment and use of child soldiers, excessive use of force, disregard for civilian life, sexual violence, and other abuses committed by government forces and armed opposition and rebel groups were common. Within the military, impunity for abuses and crimes continued, although the military took disciplinary action in limited cases.

Conflict continued and escalated between the military and the AA in central and northern Rakhine State and expanded into southern Chin State; clashes between the military and multiple armed groups in northern Shan State took place throughout the year. Heavy fighting between the military and the AA displaced tens of thousands of civilians and resulted in civilian casualties and credible reports of military abuses. Although fighting between the two sides quieted in November and December and some individuals returned home, the situation remained tense and most displaced persons were unable to do so. The military also clashed with the Karen National Union in Karen State, temporarily displacing hundreds in February and March.

Killings: Military officials reportedly killed, tortured, and otherwise seriously abused civilians in conflict areas without public inquiry or accountability. Following ethnic armed groups’ attacks on the military, the military reportedly often directed its attacks against civilians, resulting in deaths. Some ethnic armed groups, most notably the AA, also allegedly committed abuses. The AA allegedly killed off-duty police and military personnel as well as civilians suspected of providing information to the military. Multiple local and international groups reported that the number of dead and injured civilians in the fighting between the military and the AA from January to April alone far surpassed the total for all of 2019–by one accounting, 151 were killed and 394 wounded through the middle of April–as the overall humanitarian situation deteriorated while the geographic scope of fighting grew.

The military blamed the AA for these and other killings of police: a police lieutenant was killed in Kyauktaw, Rakhine State on June 13; a police captain was shot by multiple assailants at the same station on August 12; two off-duty Border Guard Police officers were abducted in Maungdaw, Rakhine State on September 8, one was killed and the other was missing as of October. On September 8, four persons, including two children, were killed and another 10 wounded when the military fired artillery into a village in Myebon Township, Rakhine State, according to local residents and press.

Abductions: Government soldiers and nonstate armed groups abducted villagers in conflict areas.

The AA often abducted officials and others for propaganda purposes. On January 21, the AA released lower house member of parliament Hawi Tin after two months in custody. The AA detained him and several Indian nationals en route from Paletwa, Chin State, to Kyauktaw, Rakhine State. On October 19, the AA claimed responsibility for the October 14 abduction of two NLD candidates who were campaigning in Taungup Township, Rakhine State. The NLD rejected AA demands for the release of students and other protesters in exchange for the candidates.

Physical Abuse, Punishment, and Torture: Nongovernmental organization (NGO) reports provided credible information that the military tortured and beat civilians alleged to be working with or perceived to be sympathetic to ethnic armed groups in Rakhine State. There were also continued reports of forced labor and forced recruitment by the United Wa State Army, the Restoration Council of Shan State, and the Ta’ang National Liberation Army.

In May a video released by Radio Free Asia on social media showed soldiers viciously beating five blindfolded and bound men from Ponnagyun Township, Rakhine State, on April 27 aboard a naval vessel. The five were forced to confess to being AA members, although relatives and local villagers claimed they were civilians from a village the military shelled on April 13. The military released a statement on May 12 admitting that members of the security forces performed “unlawful interrogations” and promising to “take actions.”

Civilians, armed actors, and NGOs operating inside the country and along the border reported continued indiscriminate landmine use by the military and armed groups.

Child Soldiers: Four ethnic armed groups–the Kachin Independence Army, the armed wing of the Kachin Independence Organization; the Shan State Army, the armed wing of the Shan State Progress Party; the United Wa State Army; and the Democratic Karen Benevolent Army–were listed in the UN secretary-general’s 2020 report on Children and Armed Conflict as perpetrators of the unlawful recruitment and use of children. The military was conditionally delisted by the secretary-general as a perpetrator of unlawful recruitment and use of children due to continued progress on child recruitment, although the secretary-general called for continued progress on use of children.

The penalties imposed for recruiting and using child soldiers in a manner inconsistent with relevant laws were not commensurate with the seriousness of these actions. Most child recruitment or use cases reportedly culminated in reprimands, demotions, relocations, fines, or decreases in pensions, penalties significantly less severe than those prescribed by criminal law. Despite military directives prohibiting the use and recruitment of children, some children were still used by the military for noncombat roles in conflict areas. On child recruitment, reports continued that middlemen fraudulently facilitated enrollment of underage recruits, sometimes at the request of the recruits’ families. The Ministry of Defense undertook to investigate military personnel implicated in unlawfully recruiting child soldiers. There was, however, no evidence that the government prosecuted soldiers in military or civilian courts for recruiting or using child soldiers.

The military generally allowed UN monitors to inspect for compliance with agreed-upon procedures for ending the unlawful use and recruitment of children and identifying and demobilizing those already recruited. There were, however, some delays in securing official permissions, and access to conflict areas was often denied. The government allowed the United Nations to engage ethnic armed groups on the signing of joint plans of action to end the recruitment and use of child soldiers and to demobilize and rehabilitate those already serving.

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

Other Conflict-related Abuse: The government restricted the passage of relief supplies and access by international humanitarian organizations to conflict-affected areas of Rakhine, Chin, Kachin, and Shan States. The government regularly denied access to the United Nations, international NGOs, and diplomatic missions, asserting the military could not ensure their security or by claiming that humanitarian assistance would benefit ethnic armed group forces. In some cases the military allowed gradual access as government forces regained control over contested areas.

A World Health Organization vehicle with UN markings transporting COVID-19 test samples to Rangoon came under fire in Minbya Township, Rakhine State, on April 20, during heavy fighting in the area. The driver was hit and died of his injuries on April 21. The military and the AA traded blame for the attack. Based on the nature of the attack and the vehicle’s passage through a military checkpoint shortly before coming under fire, most observers believed the AA was responsible, although the attack may have been unintended. The government announced the formation of a four-member committee to investigate the attack.

In a separate incident, a convoy of five clearly marked World Food Program trucks came under fire in southern Chin State on April 29 while transporting food aid to vulnerable communities around Paletwa, the site of numerous recent clashes between the military and the AA. One of the drivers suffered a minor injury, and three of the five trucks were damaged. The World Food Program supplies ultimately reached Paletwa on May 2, traveling the final distance by boat.

Reports continued that the military forced civilians to act as human shields, carry supplies, or serve in other support roles in conflict areas such as northern Shan, southern Chin, and Rakhine States. On October 5, military forces conscripted 14 Rohingya civilians, many of them teenagers, to act as “guides” in the village of Pyin Shae, in Buthidaung Township, according to local civil society, officials, and multiple press reports. The soldiers, anticipating a clash with the AA forced the villagers to walk in front of them–using them, in effect, as human buffers. One press report indicated the military might also have believed the area was mined. When the group came under fire from AA forces, two teenage boys were killed and a man was seriously injured; the others fled.

As of November, an estimated 326,500 persons remained displaced by violence in Rakhine, Chin, Kachin, and Shan States. An increase of 60,000 in 12 months in Rakhine and Chin States was driven by the fighting between the AA and the military. In some cases, villagers driven from their homes fled into the forest, frequently in heavily mined areas, without adequate food, security, or basic medical care.

There were numerous reports that the government or its agents, including police, the National Intelligence Service (SNR), military personnel, and elements of the Imbonerakure, committed arbitrary or unlawful killings, often against perceived supporters of the political opposition or those who exercised their lawful rights. The banned nongovernmental organization (NGO) Ligue Iteka continued operating from outside the country and documented 205 killings by the end of September, as compared with 281 the previous year. Many were allegedly committed by agents of the security services or members of the Imbonerakure. The assessments of Ligue Iteka and other human rights groups differed on the number of killings for which agents of the state or ruling party were likely responsible. Responsibility for arbitrary killings and exact statistics were difficult to determine due to the government’s restrictions on human rights monitors and civil society organizations (CSOs) and refusal to allow international bodies authorization to enter the country. Investigations and prosecutions of government officials and members of the ruling party who allegedly committed arbitrary or unlawful killings were rare. Responsibility for investigating such killings lies with the Burundi National Police, which is under the Ministry of Interior and Public Security, while the Ministry of Justice is responsible for prosecution.

In its September report, the UN Commission of Inquiry on Burundi (COI), whose members were denied access to the country by the government, but who conducted face-to-face or remote interviews with more than 300 victims, witnesses, and other sources living both in the country and in exile, reported that summary executions and arbitrary killings continued. Despite the fact that bodies bearing signs of violence continued to be found in public places, authorities made no attempt to establish the victims’ identities or the circumstances of their death, making it more difficult for the COI and NGOs to document. In addition, the COI reported numerous cases of disappearances, and it was difficult to determine how many of these were cases of forced disappearance or were killings. Some victims were found dead a few days after their disappearance with injuries indicating they had been executed. The COI report concluded that “human rights violations were mainly committed by members of the Imbonerakure and local administrative officials acting alone or jointly with police or the National Intelligence Service.” The COI also reported that, “Acting in place of the authorities, Imbonerakure have killed persons accused of ordinary crimes, including theft and witchcraft, thus arrogating to themselves the right to dispense justice.” Victims were generally perceived as opponents of the government or the ruling party or, first and foremost, members of the new political opposition party, the National Congress for Freedom (CNL), registered in February. Some media outlets reported that Burundian nationals who returned to the country after having sought refuge abroad were also targeted, as were young men following travel abroad, who were accused of belonging to or supporting armed opposition groups. As in past years, the COI report stated that there was reason to believe that abuses committed by Burundian authorities constituted crimes against humanity.

According to the COI report, during the electoral period numerous members of the main opposition party CNL were killed in reprisal for legitimate political activities. Violent clashes between the Imbonerakure and members of the CNL resulted in injuries and deaths on both sides but with primary responsibility attributed to the Imbonerakure, often with tacit support of police and local authorities.

According to a report by the NGO Ligue Iteka, Bosco Ngabirano, a CNL member, was killed on March 29 in Ryansoro commune, Gitega Province, by a group of Imbonerakure. The report indicated Seconde Ndayisenga, the administrator of the commune, ordered the killing. Ngabirano was killed by machete and his tongue was cut out. He was buried on April 1 at the request of the commune administrator and Gitega governor without the presence of his family members who requested an investigation into his killing before burial. As of November, authorities had not initiated an investigation.

On September 17, the rebel group Red Tabara claimed responsibility for a series of attacks in Bujumbura Rural, Rumonge, Kayanza, and Bururi Provinces that reportedly killed 28 members of the security forces (police and army) and 15 Imbonerakure, according to the movement’s spokesperson. The spokesperson stated that six members of the movement were killed during the attacks. Local administrations attributed the attack to “unidentified armed groups aiming to disrupt security of the country.”

As of September 21, at least 29 grenade attacks had taken place throughout the country, resulting in at least 17 fatalities and 69 injuries. Although the number of attacks was slightly lower than the previous year, the number of fatalities and injuries increased. The identification of the perpetrators and motives behind the attacks was often unclear. While the apparent motives were presumably political for some of the attacks that specifically targeted members of political parties, police, and other security service members, others were likely motivated by personal or business vendettas.

Following the elections, President Ndayishimiye made efforts to curb the violence and engage the country’s youth in positive economic efforts, including by creating an initiative to lower youth unemployment and establishing a bank that provides loans to young entrepreneurs.

On December 28, the first prosecution and sentencing took place against a high-level member of the Imbonerakure. The former vice president of the Gitega chapter of the Imbonerakure, Aime Irambona, was sentenced to four years in prison for premeditated murder in the slaying of a workman who stole items from his home. Five other plaintiffs were also prosecuted in the case and received sentences that ranged from 18 months to life in prison. Aime Irambona is a close relative of President Ndayishimiye and was prosecuted by the newly elected government, despite his membership in the ruling party’s youth wing that typically has impunity for its actions, including intimidation through violence.

There were numerous reports that individuals were victims of politically motivated disappearances after they were detained by elements of the security forces or in kidnappings where the identities of the perpetrators were not evident. The COI report noted that some victims associated with the opposition or without political affiliation disappeared after refusing to join the ruling political party or the Imbonerakure. A victim’s last sighting was often at the time of abduction by the Imbonerakure or SNR. The NGOs Ligue Iteka and SOS Torture Burundi regularly reported disappearances, which were sometimes later determined to be killings when bodies were discovered. As of mid-September, Ligue Iteka documented 30 disappearances, down from 35 the previous year. It linked six disappearances to the Imbonerakure, two to police, 16 to the SNR, one to the military, and five to unidentified actors. Lack of access to reliable reporting, caused in part by restraints on civil society, limited the ability of human rights organizations and researchers to gather complete data. Disappearances of persons returning from exile were also reported. There were no reports of efforts to prevent, investigate, or punish such acts.

On April 3, military officers under the orders of Major Gilbert Manirakiza, the officer in charge of military intelligence at Mabanda camp, kidnapped Come Niyongabo, a former member of the FAB (the former Burundian army). Niyongabo’s family was unable to locate him, and the military denied detaining him.

The constitution and law prohibit cruel, inhuman, or degrading treatment or punishment, but there were numerous reports government officials employed these practices. NGOs reported cases of torture committed by security services or members of the Imbonerakure. As of September, Ligue Iteka reported 103 such cases, down from 201 the previous year, attributing 70 to members of the Imbonerakure, eight to police, five to members of local government, and 20 to the SNR. According to Human Rights Watch, some Burundian refugees in other countries testified they fled the country after they or their family members suffered violence, including rape, torture, and illegal detention by members of the Imbonerakure. The press reported throughout the year that Imbonerakure members arrested, threatened, beat, tortured, or inflicted a combination of the foregoing on members of the CNL party.

The COI report concluded that acts of torture continued to be committed, including sexual and gender-based violence affecting mostly women and girls but also men. Such violence aimed at intimidating, controlling, repressing, or punishing women and men for their supposed or actual political opinions, their refusal to join the ruling party, or their links with an armed movement. According to the COI, assailants beat, kicked, or struck victims with sticks or batons while wounding others with sharp objects.

The COI report linked acts of torture to members of the Imbonerakure, often acting alone but sometimes in concert with or with approval from police or local administrative officials. Imbonerakure were regularly deployed to supplement or replace security forces, particularly in rural areas, at the request of or with the consent of senior officials of the SNR, police, the Office of the President, and local authorities.

On March 1, in Gisuru commune, in Ruyigi Province, a group of Imbonerakure beat Pascal Bizumuremyi, a member of parliament from the CNL party and also a police officer. The group was working to prevent CNL members from opening party offices in the region. The group of Imbonerakure was arrested but released without charges several days later.

There were few reports of investigations or prosecutions for serious abuses of human rights. The extent of impunity was a significant problem in the security forces and their proxies, particularly the Imbonerakure. Factors contributing to impunity included the ruling party’s reliance on the Imbonerakure to repress political opposition. There are no significant mechanisms to investigate human rights abuses. The COI report stated, “Imbonerakure enjoy considerable latitude in carrying out their activities, conferred on them by the Burundian authorities who have the means to control them, as well as almost total impunity.”

The UN Secretary-General’s Strategic Assessment Mission for UN Engagement in Burundi noted, “In July and August 2020, the Government took notable steps to fight impunity. It arrested and prosecuted members of the ruling CNDD-FDD party youth league Imbonerakure, senior police officers and local administrative officers for extortion and other criminal offenses, thus increasing the cautious optimism from civil society and political actors that the new administration will bring about change. However, the prevailing view conveyed by several stakeholders is that more steps need to be taken for Burundi to promote accountability and meet its international human rights obligations.”

According to the Conduct in UN Field Missions online portal, there were seven open allegations submitted in previous years of sexual exploitation and abuse by Burundian peacekeepers deployed to UN peacekeeping missions, including two from 2019, one from 2018, two from 2017, one from 2016, and one from 2015. As of September, the government had not announced whether it had taken any measures to establish accountability in the seven cases that were still open. Four of the cases involved an alleged exploitative relationship with an adult, alleged transactional sex with an adult, the alleged rape of a child, and the alleged solicitation of transactional sex by two peacekeepers with two adults. The other three open cases each involved multiple charges: One of the cases involved the alleged rape of an adult, alleged transactional sex with an adult, and two allegations of rape by two peacekeepers of an adult. A second case involved the alleged rape of two adults, the alleged sexual exploitation with two adults, alleged sexual activity with a child, and alleged transactional sex with an adult. The third case involved two allegations of sexual activity with a child.

Prison and Detention Center Conditions

Prisons were overcrowded, and conditions remained harsh and sometimes life -threatening. Conditions in detention centers managed by the SNR and in local “lock-ups” managed by police generally were worse than in prisons, and there were allegations that police and members of the SNR committed acts of torture, beating, and mistreatment of detainees. The COI and several other credible organizations also continued to report that the SNR, police, senior government officials, and other security organizations maintained clandestine detention facilities to which no independent monitors were granted access.

Physical Conditions: Gross overcrowding was a severe problem. The Office of Penitentiary Affairs reported that, as of August, there were 12,109 inmates, including 5,168 pretrial detainees, in 13 prisons, the majority of which were built before 1965, with the capacity to accommodate 4,194 inmates. Of the 12,109 inmates, 646 were women and 144 were juveniles. Authorities held 144 juveniles, of whom 129 were convicted and 15 were pretrial detainees, in two juvenile rehabilitation facilities. They were allowed to participate in recreational activities and received psychosocial support and preparation for eventual return to their families and communities. In addition, there were 87 infants and small children living with their incarcerated mothers. The most crowded prisons were Muramvya (30 miles from Bujumbura), where the inmate population was at 771 percent of capacity, and Mpimba (in Bujumbura) which was at 552 percent of capacity. No information was available on the number of persons held in secret detention centers managed by the SNR or in communal jails operated by police. There was a prison for women in Ngozi. Authorities commonly held pretrial detainees with convicted prisoners. There were reports of physical abuse by government officials, lack of adequate medical treatment, and prolonged solitary confinement.

Prisons did not have adequate sanitation systems (toilets and bathing facilities), drinking water, ventilation, and lighting. Prisons and detention centers did not have accommodations for persons with disabilities.

According to government officials and international human rights observers, many prisoners suffered from intestinal illnesses and malaria. Many died from disease. There were media reports of prisoners presenting COVID-19 symptoms including some who died, particularly in Bujumbura’s Mpimba Central and Ngozi prisons. There was no official information regarding cases of COVID-19 in prisons. Authorities took some measures to prevent the spread of the virus, including suspension of visits in all prisons after April 1, although family members were still permitted to bring prisoners necessities such as food. The International Committee of the Red Cross provided assistance to prison authorities for constructing quarantine sections in prisons during the COVID-19 pandemic.

Each inmate received on a daily basis approximately 12 ounces of cassava, 12 ounces of beans, and, on some days, oil and salt. Authorities expected family and friends to provide funds for all other expenses. Each prison was required to employ at least one qualified nurse and received at least one weekly visit by a doctor, but prisoners did not always receive prompt access to medical care; inmates with serious medical conditions were sent to local hospitals. The banned NGO Action by Christians for the Abolition of Torture (ACAT-Burundi) reported a shortage of medicines in prison clinics. It also reported that prisoners, particularly those held on politically motivated charges, had difficulty obtaining permission to seek treatment in hospitals outside prison, and those who did were discharged before they were fully recovered.

Administration: Prison authorities allowed prisoners to submit complaints to judicial authorities without censorship, but authorities rarely investigated the complaints. There were credible reports of mistreatment of prisoners, but no record that any abusers were held to account or punished.

Independent Monitoring: The government permitted monitoring by some independent nongovernmental observers.

The government permitted visits requested by the International Committee of the Red Cross, the African Union (AU), and the Independent National Commission on Human Rights (CNIDH). Monitors visited known official prisons, communal jails, and known SNR detention centers regularly. Monitoring groups had complete and unhindered access to prisoners held in known detention facilities, but were not able to access clandestine SNR detention sites.

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 and detention, but the government did not observe these prohibitions.

Arrests require warrants issued by a presiding magistrate, although police may arrest a person without a warrant by notifying a police supervisor in advance. Police have seven days to finish an investigation and present evidence before a magistrate but may request a seven-day extension for additional investigation. Police rarely respected these provisions.

A magistrate must either order the release of suspects or confirm the charges for continued detention, initially for 14 days, and then for an additional seven days if required to prepare a case for trial. Magistrates routinely failed to convene preliminary hearings, often citing heavy case backlogs or improper documentation by police. Authorities acknowledged that the legal system struggled to process cases in a timely fashion and that lengthy pretrial detentions were common.

Lack of transportation for suspects, police, and magistrates was a frequently cited reason for the failure to convene preliminary hearings. This was a problem in the eight provinces without prisons, where lack of transport prevented the transfer of suspects from the site of detention to the provincial court with jurisdiction over the case.

Judges may release suspects on bail but rarely did so. They did, however, often release suspects on their own recognizance. Suspects may hire lawyers at their own expense in criminal cases, but the law does not require legal representation, and the government did not provide attorneys for those unable to afford one. Detainees who were unable to pay for a lawyer were rarely able to access legal counsel. The SNR denied lawyers access to detainees held at its headquarters in Bujumbura. Prisons have solitary confinement facilities, and detainees were sometimes held in solitary confinement for long periods.

Arbitrary Arrest: The law provides for a token monetary fine and imprisonment for 15 days to one year for any member of the security forces found guilty of involvement in an arbitrary arrest. There were no reports this law was applied. Human rights groups reported numerous arbitrary arrests and detentions, including some involving the Imbonerakure. The COI report described a pattern of arbitrary arrests and detentions, but it did not provide statistics. As of September, Ligue Iteka documented 916 arbitrary arrests, an increase from 598 in the previous year, including 154 by the Imbonerakure, 589 by police, 39 by the military, 81 by local administration officials, and 53 by the SNR. Authorities especially targeted members of the CNL party and their supporters, making a total of 409 arrests. Authorities also arrested members of other opposition parties in connection with legitimate political activities. Authorities often accused them, along with CNL members, of organizing or taking part in “illegal meetings” or seeking to “disrupt the election.” Authorities arrested some opposition members, after they fought with members of the Imbonerakure who were attempting to disrupt their opposition election rallies. Sometimes authorities arrested the relatives of CNL or opposition party members who could not be located.

According to the COI report, most arrests were arbitrary because they were conducted illegally, on vague grounds, or in breach of established judicial procedure, such as when carried out by the Imbonerakure or local administrative authorities who were not authorized to make arrests, other than while a crime is being committed.

On May 4, in Giheta commune, Gitega Province, the manager of Kibimba hospital, Samson Gahungu, was arrested by Alexis Manirakiza, the local administrator of the commune. Gahungu was accused of tearing up a picture of the then National Council for Defense of Democracy-Forces for the Defense of Democracy (CNDD-FDD) presidential candidate, Evariste Ndayishimiye, posted at the entrance of the hospital.

On July 10, Terence Mushano, vice president of the CSO AC-Genocide Cirimoso, was arrested with journalists from the Iwacu Press group before interviewing them concerning the commemoration of the 25th anniversary of the massacre of students at the University of Burundi. They were arrested for planning an interview within the airport premises without prior authorization. The Iwacu journalists were released several hours later but Mushano was transferred to a holding facility of the judicial police, where he was accused of “undermining public security.” He was temporarily released on personal recognizance on July 15, pending trial at a later date.

In May 2019 the duly elected leader of the Adventist Church in Burundi, Pastor Lameck Barishinga, and church administrator Pastor Lambert Ntiguma were arrested at Bujumbura International Airport while trying to fly to Nairobi, Kenya, to attend an executive committee meeting of the East-Central Africa Division of the Seventh-day Adventist Church. They both remained in prison without charges.

Pretrial Detention: Prolonged pretrial detention remained a serious problem. By law authorities may not hold a person longer than 14 days without charge. As of August, however, 43 percent of inmates in prisons and detention centers were pretrial detainees, according to the director of prison administration. Authorities held some suspects without formal charges. According to the Office of Penitentiary Affairs, the average time in pretrial detention was approximately one year, but some persons remained in pretrial detention for nearly five years. In some cases, the length of detention equaled or exceeded the sentence for the alleged crime. Inefficiency and corruption among police, prosecutors, and judicial officials contributed to the problem. For example, authorities deprived many persons of their legal right to be released on their own recognizance because public prosecutors failed to open case files or the files were lost. Others remained incarcerated without proper arrest warrants, either because police failed to complete the initial investigation and transfer the case to the appropriate magistrate or because the magistrate failed to convene the required hearing to rule on the charges.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: By law persons arrested or detained are entitled to challenge in court the legal basis or arbitrary nature of their detention and obtain prompt release if found to have been unlawfully detained. Nevertheless, there was no record that any person was able to do so successfully.

Serious irregularities undermined the fairness and credibility of trials. Although the constitution and law provide for an independent judiciary, there were instances when authorities bribed or subjected members of the judiciary to political influence to drop investigations and prosecutions or predetermine the outcome of trials or not to seek enforcement of court orders. According to the COI report, the rules of criminal procedure were rarely observed. Warrantless arrests of political opponents were routinely carried out, pretrial detentions were illegally extended, and judges used confessions obtained under torture as a basis for convicting defendants.

The COI report stated that the judiciary continued to be used as a tool of political repression and was biased in favor of the CNDD-FDD party. Imbonerakure involved in clashes with members of CNL were rarely prosecuted or punished. The Ministry of Public Security consistently identified members of the CNL as responsible for “90 percent” of such incidents without carrying out investigations. There were allegations the public prosecutor willfully ignored calls to investigate senior figures within the security services and national police. Prosecutors and members of the security services sometimes ignored court orders for the release of detainees after judges had determined that there were no legal grounds for holding them.

By law defendants are presumed innocent. Panels of judges conduct all trials publicly. Defendants have the right to prompt and detailed information on the charges and free interpretation from the moment charged through all appeals, if necessary, although these rights were not always respected. Defendants have the right to a fair trial without undue delay and to adequate time and facilities to prepare a defense, although this did not always occur. Defendants have a right to counsel but not at the government’s expense, even in cases involving serious criminal charges. Few defendants had legal representation because few could afford the services of a lawyer. Some local and international NGOs provided legal assistance to some defendants. Defendants have a right to defend themselves, including by questioning prosecution or plaintiff witnesses, calling their own witnesses, and examining evidence against them. Defendants also may present evidence on their own behalf and did so in most cases. Defendants have the right not to be compelled to testify or confess guilt. The law extends the above rights to all citizens.

All defendants except those in military courts have the right to appeal their cases to the Supreme Court. The inefficiency of the court system extended the appeals process for long periods, in many cases for more than a year.

Procedures for civilian and military courts are similar, but military courts typically reached decisions more quickly. The government does not provide military defendants with attorneys to assist in their defense, although NGOs provided some defendants with attorneys in cases involving serious charges. Military trials generally were open to the public but may be closed for reasons such as national security or when publicity might harm the victim or a third party; for example, in cases involving rape or child abuse. Defendants in military courts are entitled to only one appeal.

While many of the above rights were often violated, no rights were systematically denied to persons from specific groups.

On August 9, the Kayanza High Court sentenced Augustin Manirishura, Christophe Ndayishimiye, and Chadia Mbaririmana to 30 years in prison for an alleged attempt to assassinate the president. They were arrested after a group of persons threw stones at President Ndayishimiye’s motorcade. During the trial the three accused did not have access to lawyers because the trial was held within three days of the incident and the defendants were not able to afford attorneys. The prosecutor initially charged them with “breach of public safety and not alerting the concerned services that the head of state was in danger” and requested a prison sentence of seven years. At the ruling, the judge announced the court reclassified the charge as an attack and plot against the head of state without giving further explanation. Media outlets reported the sentence was politically motivated.

In August, Dieudonne Nsengiyumva, a former representative of the Imbonerakure in Nyabihanga commune in Mwaro Province, and Boris Bukeyeneza, a current Imbonerakure member in the same commune, were sentenced by Mwaro District Court to 15 years in prison for the murder of Richard Havyarimana, a member of the CNL opposition party.

No verifiable statistic was available on the number of political prisoners or detainees; estimates by human rights groups ranged from a few hundred to as many as 4,000. Many of the examples cited in section 1.d., Arbitrary Arrest or Detention, qualified also as political prisoners or detainees. The government denied incarcerating persons for political reasons, citing instead acts against state security, participation in a rebellion, or inciting insurrection. Human rights groups stated that these charges were often a pretext for repressing members of political opposition parties and human rights defenders. Throughout the year there were regular arrests and detentions of members of opposition political parties, mainly from the CNL but also other parties, such as Union for Peace and Democracy-Zigamibanga. Others, mainly young men, were arrested or detained under suspicion of having cooperated with armed rebel groups. In many cases alleged political prisoners remained in pretrial detention; in other cases they were released without explanation or, more frequently, after paying a monetary fine.

On October 2, authorities arrested former independent member of parliament Fabien Banciryanino as he was giving a press conference at his home in Bujumbura. Banciryanino was charged with threatening state security, slander, and rebellion. In February, Banciryanino cited numerous human rights abuses when he voted against a bill to give then president Nkurunziza the title of “supreme guide of patriotism.” Banciryanino remained in detention.

In 2017 Germain Rukuki, a former employee of the banned NGO Christian Action for the Abolition of Torture-Burundi, was arrested by SNR officials and subsequently transferred to Ngozi Prison. Rukuki was accused of acts against state security and rebellion. International and local human rights organizations criticized the nature of his detention and the charges against him as politically motivated. In 2018 Rukuki was convicted and sentenced to 32 years’ imprisonment. Rukuki appealed the conviction, and in July 2019 his conviction was upheld by the Bujumbura Court of Appeals. On June 30, the Supreme Court overturned the judgment of the Court of Appeals, stating that “the sentence was a violation of civil and political rights.” The Supreme Court ordered Rukuki’s trial to be reheard by a newly set up Court of Appeals, but no trial date was fixed as of November.

Amnesty: On January 30, four Iwacu journalists were sentenced to two-and-a-half years in prison for “a failed attempt of complicity in undermining the internal security of the state.” Human Rights Watch described the arrest as an “attempt to intimidate and threaten other journalists from doing their work.” On December 24, President Ndayishimiye pardoned the journalists; they were released the same day.

There were credible reports that the government attempted to use international law enforcement tools for politically motivated reprisals against specific individuals located outside of the country. Human Rights Watch reported that authorities collaborated with Tanzanian officials to arrest, torture, forcibly repatriate, and detain without charges refugees and asylum seekers residing in Tanzania for allegedly “attempting to destabilize the country.”

Individuals and organizations may seek civil remedies for human rights abuses and may appeal decisions to an international or regional court. In 2016, five CSOs closed by the government challenged the decision in the East African Court of Justice. As of September the cases remained in process.

In the wake of violence, repression, fear, hunger, insecurity, abuse, and severe economic hardship following the 2015 political crisis and harvest failures in early 2017, more than 420,000 citizens fled to neighboring states, primarily Tanzania. There were reports that, since 2015, government officials and private citizens seized land that was owned or legally occupied by fleeing refugees, which complicated the reintegration of some of those who returned during the year. Some returnees also found that their houses were destroyed, either due to natural conditions or to intentional property destruction. In general, however, government officials prevented others from occupying lands belonging to refugees.

The constitution and law provide for the right to privacy and require search warrants, but authorities did not always respect these rights. A 2018 law provides for warrantless searches when security services suspect acts of terrorism, fraud, trafficking in persons, illegal possession of weapons, trafficking in or consumption of drugs, or “infractions of a sexual nature.” The law requires that security services provide advance notice of warrantless searches to prosecutorial officials but does not require approval. Human rights groups raised concerns that the breadth of exceptions to the warrant requirement and the lack of protections provided in the law created risks of abuse. They also noted that by law warrants may be issued by a prosecutorial official without reference to a judicial authority, limiting judicial oversight of the decisions of police and prosecutors.

Police, SNR agents, and Imbonerakure members–sometimes acting as mixed security committees–set up roadblocks and conducted general vehicle inspections and searches. Members of the security forces also sought bribes in many instances, either during searches or in lieu of a search. They conducted search-and-seizure operations throughout the year, with an increase in reported searches in the weeks leading up to elections. During these searches, security agents seized weapons and household items they claimed could be used to supply an insurgency.

Some media outlets reported their websites and social media platforms were blocked or not accessible to the general public.