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Albania

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

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

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

In May, a young Romani man died in detention in a police facility in Korca. His family alleged that he died due to police abuse, claiming they had photos of his body showing signs of violence. The Office of the Ombudsman, an independent, constitutional entity that serves as a watchdog over the government, concluded there was not enough evidence to bring charges. The Albanian Helsinki Committee (AHC), however, reported irregularities in documenting the incident and providing medical assistance to the detainee. The Albanian Rehabilitation Center from Trauma and Torture (ARCT) reported that the police officers allegedly involved in the detention were transferred to other positions.

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

While the constitution and law prohibit such actions, there were reports that police and prison guards sometimes beat and abused suspects and prisoners, usually in police stations. Through September, the Service for Internal Affairs and Complaints (SIAC) received complaints of police abuse and corruption that led to administrative sanctions and criminal prosecutions. As of July, the AHC reported one case of alleged physical violence in a police facility. The Office of the Ombudsman reported that most cases of alleged physical or psychological abuse occurred during arrest and interrogation.

In May the Council of Europe’s Committee for the Prevention of Torture (CPT) released a report on its February 2017 visit to the country. The report noted that in Durres, the CPT received reports of recent physical mistreatment of several persons by police, notably of severe beatings combined with blows with a truncheon or baseball bat to the soles of the feet, which the report stated “could easily be considered to amount to torture.” In all cases, the alleged mistreatment took place during questioning by officers of the crime investigation unit at Durres Police Station, and including one particular senior officer. The CPT report noted that authorities had initiated criminal and disciplinary investigations into the allegations.

Prison and Detention Center Conditions

Poor physical conditions and a lack of medical treatment, particularly for mental health conditions, were serious problems, as were overcrowded facilities and corruption. The AHC and ARCT reported that conditions in certain detention facilities were so poor as to constitute inhumane treatment. Conditions remained substandard in police detention facilities outside of Tirana and other major urban centers.

Physical Conditions: ARCT reported the main problems prisons faced over the year were overcrowding, increases in deaths during detention, attempted suicides, and staff turnover. The government, the Office of the Ombudsman, the AHC, and ARCT reported that prison overcrowding continued. ARCT reported acute overcrowding in facilities in Elbasan, Fier (a new facility), Rrogozhina, Lushnja, Peqin, and Lezha. Overcrowding was worse in pretrial detention centers. In some cases, prison officials placed inmates not subject to disciplinary measures in isolation cells due to a lack of space elsewhere. Conditions in prison and detention centers for women were generally better than those for men.

The official cause of death for persons who died in detention was reported to be natural causes; there were no reports, however, of investigations to verify those conclusions. In six of the 10 reported cases of death in the penitentiary system in 2017, relatives complained that state authorities closed the files immediately without further investigation.

Prison and detention center conditions varied significantly by age and type of facility. The Office of the Ombudsman, the AHC, and ARCT identified problems in both new and old structures, such as dampness in cells, poor hygiene, lack of bedding materials, and inconsistent water and electricity supply. ARCT also reported some facilities had dirty bathroom facilities, no hot water, and insects.

According to ARCT, the number of inmates with mental health issues increased during the year. The Office of the Ombudsman and nongovernmental organizations (NGOs) reported that authorities held inmates with mental disabilities in regular prisons, where access to mental health care was wholly inadequate.

In its May report, the CPT also expressed serious concern that psychiatric patients at the Zaharia Special Facility for Ill Inmates in Kruja and the Prison Hospital in Tirana continued to be held under conditions that, in the CPT’s view, “could easily be considered for many patients to be inhuman and degrading.” The report also noted that living conditions in both facilities had deteriorated since the CPT’s previous visit in 2014. The government set up a working group in March 2017 to close the Zaharia prison and transfer patients to another facility.

Conditions in facilities operated by the Ministry of Interior, such as police stations and temporary detention facilities, were inadequate, except for regional facilities in Tirana (excluding its commissariats, which are smaller units falling under regional police directorates), Durres, Gjirokaster, Kukes, Fier, and Korca. Some detention facilities were unheated during the winter, and some lacked basic hygienic amenities, such as showers or sinks. Facilities were cramped, had limited access to toilets and little or no ventilation, natural light, or beds and benches. Camera monitoring systems were nonexistent or insufficient in the majority of police stations.

Prisoners serving sentences for terrorism convictions in Fushe-Kruja were frequently isolated without adherence to a clear process governing their detention or a deradicalization or rehabilitation program.

Administration: The Office of the Ombudsman reported prison and police officials generally cooperated with investigations. The General Directorate for Prisons (GDP) received 77 complaints through July, while the Office of the Ombudsman received 276 complaints from detainees and inmates through August. The majority concerned the quality of health care, prisoner welfare, and overcrowding. The Office of the Ombudsman, however, did not refer any cases for prosecution.

Corruption continued to be a serious problem in detention centers, particularly in connection with access to work and special release programs. In May, the former general director of prisons, Artur Zoto, was convicted for his involvement in creating fake procurement documents for food-supply companies. On September 19, however, the Serious Crimes Court of Appeals reversed the verdict. In July the former deputy general director of prisons, Iljaz Labi, was convicted on similar corruption charges and sentenced to three years’ imprisonment and banned from public office for five years. During the year, several other senior prison staff were arrested and convicted for supplying drugs to prisoners or demanding payment for family visits.

Independent Monitoring: The government allowed local and international human rights groups, the media, and international bodies such as the CPT to monitor prisons and detention facilities. In 2017 the Office of the Ombudsman conducted frequent unannounced inspections of detention facilities. The Office of the Ombudsman inspected two detention centers during the year. ARCT reported that the government favored some NGOs over others.

Improvements: The GDP reported that, as of July, overall prison overcrowding had dropped to 3 percent from 4 percent in 2017. Both the Office of the Ombudsman and NGOs reported a decrease in cases of physical and psychological abuse in prisons.

A new EU-funded prison in Shkoder for 180 pretrial detainees and 600 inmates opened on August 3.

d. Arbitrary Arrest or Detention

The law and constitution prohibit arbitrary arrest and detention, and the government generally observed these prohibitions.

ROLE OF THE POLICE AND SECURITY APPARATUS

The Ministry of Interior oversees the Guard of the Republic and the State Police, which includes the Border and Migration Police. The State Police is primarily responsible for internal security. The Guard of the Republic protects senior state officials, foreign dignitaries, and certain state properties. The Ministry of Defense oversees the armed forces, which also assist the population in times of humanitarian need. The State Intelligence Service (SIS) gathers information, carries out foreign intelligence and counterintelligence activities, and is responsible to the prime minister. Constitutional amendments adopted in 2016 require the government to create a new investigation service, the National Bureau of Investigation, to work with a special prosecution office to investigate corruption and organized crime.

While the government had mechanisms to investigate and punish abuse and corruption, police corruption remained a problem. SIAC received 3,832 telephone complaints through the anticorruption “green line” through August and 6,439 telephone complaints in 2017. The service also received 1,217 written complaints through August and 1,048 in 2017. The majority of the complaints alleged a failure to act, arbitrary action, abuse of office, or a violation of standard operating procedures. Through August, SIAC filed 77 administrative violations, recommending 133 police officers for disciplinary proceedings, and referred six cases for prosecution. The Office of the Ombudsman also processed complaints against police officers, mainly concerning problems with arrests and detentions.

Civilian authorities generally maintained effective control over police, the Guard of the Republic, the armed forces, and SIS, although officials periodically used state resources for personal gain and members of the security forces committed abuses.

Police did not always enforce the law equitably. Personal associations, political or criminal connections, poor infrastructure, lack of equipment, and inadequate supervision often influenced law enforcement. Poor leadership contributed to continued corruption and unprofessional behavior. Authorities continued to make efforts to address these problems by renovating police facilities, upgrading vehicles, and publicly highlighting anticorruption measures. The Ministry of Interior has established a system of vetting security officials, but the Assembly has not appropriated funds to support it.

Impunity remained a serious problem, although the government made greater efforts to address it, in particular by increasing the use of camera evidence to document and prosecute police misconduct.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law requires that, except for arrests made during the commission of a crime, police arrest a suspect on criminal grounds with a warrant issued by a judge and based on sufficient evidence. There were no reports of secret arrests. By law, police must immediately inform the prosecutor of an arrest. The prosecutor may release the suspect or petition the court within 48 hours to hold the individual further. A court must also decide within 48 hours whether to place a suspect in detention, require bail, prohibit travel, or require the defendant to report regularly to police. Prosecutors requested, and courts ordered, detention in many criminal cases, although courts sometimes denied prosecutors’ requests for detention of well-connected, high-profile defendants.

By law, police should transfer detainees to the custody of the Ministry of Justice, which has facilities for detention exceeding 10 hours. Due to overcrowding in the prison system, detainees, including juveniles, commonly remained in police detention centers for periods well in excess of the mandated 10-hour maximum.

There was one reported case of police failing to bring suspects before a judge within the required time. On March 31, Kukes police arrested 23 protesters (and issued warrants for 30 others) for burning toll booths on the Durres-Kukes National Highway. Police brought the detainees to court more than 48 hours after they arrested them. The Office of the Ombudsman criticized police for recording the time they processed the protestors, rather than the time of arrest. The Office of the Ombudsman recommended that the general prosecutor pursue administrative measures against the prosecutors handling the case.

The constitution requires authorities to inform detained persons immediately of their rights and the charges against them. Law enforcement authorities did not always respect this requirement. The law provides for bail and a system is operational; police frequently release detainees without bail, on the condition they report regularly to the police station. Courts also often ordered suspects to report to police or prosecutors on a weekly basis. While the law gives detainees the right to prompt access to an attorney, at public expense if necessary, NGOs reported interrogations often took place without the presence of a lawyer. Authorities placed many suspects under house arrest, often at their own request, because, if convicted, they receive credit for time served.

Arbitrary Arrest: The constitution and law prohibit arbitrary arrest and detention. Although the government generally observed these prohibitions, there were instances when police detained persons for questioning for inordinate lengths of time without formally arresting them.

Pretrial Detention: While the law requires completion of most pretrial investigations within three months, a prosecutor may extend this period. The law provides that pretrial detention should not exceed three years. Extended pretrial detention often occurred due to delayed investigations, defense mistakes, or the intentional failure of defense counsel to appear. The law enables judges to hold offending attorneys in contempt of court. Limited material resources, lack of space, poor court-calendar management, insufficient staff, and failure of attorneys and witnesses to appear prevented the court system from adjudicating cases in a timely fashion. As of July, 39.4 percent of the prison and detention center population was in pretrial detention.

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association, and the government generally respected these rights.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

Domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials generally were cooperative and responsive to their views.

Government Human Rights Bodies: The Office of the Ombudsman is the main independent institution for promoting and enforcing human rights. It is authorized by law to monitor and report on prisons and detention centers. The Office may initiate an investigation based on complaints or on its own authority. Although the Office of the Ombudsman lacked the power to enforce decisions, it acted as a monitor of human rights violations. The Office of the Ombudsman was underfunded and understaffed.

The Assembly has a committee on legal issues, public administration, and human rights, which reviews the annual report of the Office of the Ombudsman. The committee was engaged and effective in legislative matters.

Angola

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

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were reports the government or its agents committed arbitrary or unlawful killings. For example, on June 1, an officer with the Criminal Investigation Services (SIC) shot and killed a robbery suspect in broad daylight while the suspect lay injured on the ground surrounded by SIC officers. A bystander filmed the killing, and the video footage circulated widely on social media. On June 10, the Ministry of Interior, which oversees SIC, ordered an investigation and placed the SIC officer who killed the suspect in preventive detention. Authorities charged him as well as six other officers present at the scene with qualified homicide. The trial of the seven officers continued at year’s end.

In a 2017 report, The Field of Death, journalist and human rights activist Rafael Marques stated a SIC campaign of extrajudicial killings of young men in Luanda. According to Marques, many SIC victims were accused of petty criminality or otherwise labeled as “undesirable” by residents of their respective communities. The report stated the national police at times coordinated with SIC officers in the killings. In December 2017 the public prosecutor announced the creation of a commission of inquiry to investigate the allegations, and the investigation continued at year’s end.

On August 14, the Luanda Provincial Tribunal convicted First Sergeant Jose Tadi and sentenced him to 18 years in prison and a fine of one million kwanzas ($3,450) for the 2016 killing of 14-year-old Rufino Antonio during an Angolan Armed Forces (FAA) demolition operation of allegedly unauthorized housing. The court convicted three other FAA soldiers for their involvement in the case and sentenced each of them to one year in prison. In September the family of Rufino Antonio filed a lawsuit against the government for failing to try or hold accountable the FAA commanding officers who oversaw the demolition operation.

At year’s end the Supreme Court had not rendered a decision on the appeal of the 28-year sentence imposed in 2016 on Jose Kalupeteka, leader of the Light of the World religious sect, convicted in connection with the 2015 clashes between members of his group and police that left 13 civilians and nine police officers dead, according to official figures.

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

The constitution and law prohibit all forms of torture and cruel, inhuman, or degrading treatment or punishment, but the government did not always enforce these prohibitions. Periodic reports continued of beatings and other abuses of persons on the way to and in police stations during interrogations. The government acknowledged that at times members of the security forces used excessive force when apprehending individuals. Police authorities openly condemned some acts of violence or excessive force against individuals and asked that victims report abuses to the national police or the Office of the Public Defender (Ombudsman).

On April 14, police detained Antonio Castro Cassongo and five other members of the Lunda Tchokwe Protectorate Movement (LTPM) during a training workshop led by Cassongo. For several days police failed to acknowledge the whereabouts of the six individuals. After family members and the LTPM reported the disappearances to the press, a municipal police commander in Cafunfo acknowledged authorities had detained the six individuals in Cafunfo prison. They later released all six detainees; however, Cassongo stated that police brutally beat them while in custody.

During the year there were fewer instances in which security forces reacted violently to public demonstrations against the government. The visible presence of security forces was enough to deter significantly what the government deemed unlawful demonstrations. Authorities claimed known agitators, who sought only to create social instability, organized many of the public demonstrations.

Prison and Detention Center Conditions

Prison and detention center conditions were harsh and life threatening due to overcrowding, a lack of medical care, corruption, and violence.

Physical Conditions: On March 19, Meneses Cassoma, the spokesperson and chief prison inspector for the penitentiary services, acknowledged to the press that overcrowding in prisons was a serious problem.

Authorities frequently held pretrial detainees with sentenced inmates, and short-term detainees with those serving long-term sentences for violent crimes, especially in provincial prisons. Inmates who were unable to pay court-ordered fines remained in prison after completing their sentence.

Prison conditions varied widely between urban and rural areas. Prisons in rural areas were less crowded and had better rehabilitation, training, and reintegration services. Prisons did not always provide adequate medical care, sanitation, potable water, or food, and it was customary for families to bring food to prisoners. Local nongovernmental organizations (NGOs) stated prison services were insufficient.

There was no additional information on the killing of prisoner Bruno Marques in March 2017. In 2016 newspaper Novo Jornal published photos taken by Marques that allegedly depicted Viana jail’s deplorable conditions and sick and malnourished prisoners.

On March 18, SIC officers detained Mario Francisco, the director of penitentiary services for Cunene Province, and five other individuals on suspicion of diverting food from Peu Peu prison. In July 2017 the NGO Ame Naame Omunu denounced conditions in Peu Peu prison and filed a complaint with the provincial-level representative of the Ministry of Interior after uncovering the deaths of nine Peu Peu prisoners from unidentified causes. Prison records later identified cases of malnutrition resulting in inmate deaths. Francisco awaited trial and remained released on bail at year’s end.

Administration: The government investigated and monitored prison and detention center conditions.

Some offenders, including violent offenders, reported paying fines and bribes to secure their freedom, but it was unclear how prevalent this practice was.

Independent Monitoring: The government permitted visits to prisons by independent local and international human rights observers and foreign diplomats. Nevertheless, civil society organizations faced difficulties in contacting detainees, and prison authorities undermined civil society work in the prisons.

Members of opposition parties visited prisons around the country on a regular basis and reported uneven improvements in living conditions and rehabilitation programs. A local NGO that provides pro bono legal services to inmates stated prison officials were trying to improve conditions but that overcrowding limited results. According to the Ministry of Justice and Human Rights, ministry representatives made monthly visits to detention centers with representatives of the Office of the Public Defender, the Attorney General’s Office (PGR), and members of the National Assembly to assess prisoners’ living conditions.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention; however, security forces did not always respect these prohibitions. The constitution provides the right of habeas corpus to citizens to challenge their detention before a court.

According to several NGO and civil society sources, police arbitrarily arrested individuals without due process and routinely detained persons who participated, or were about to participate, in antigovernment protests, although the constitution protects the right to protest. While they often released detainees after a few hours, police at times charged them with crimes.

ROLE OF THE POLICE AND SECURITY APPARATUS

The national police, controlled by the Ministry of Interior, are responsible for internal security and law enforcement. The SIC, also under the Ministry of Interior, are responsible for preventing and investigating domestic crimes. The Expatriate and Migration Services and the Border Guard Police, in the Ministry of Interior, are responsible for migration law enforcement. The state intelligence and security service reports to the presidency and investigates sensitive state security matters. The FAA are responsible for external security but also have domestic security responsibilities, including border security, expulsion of irregular migrants, and small-scale actions against Front for the Liberation of the Enclave of Cabinda separatists in Cabinda.

Civilian authorities maintained effective control over the FAA and the national police, and the government has mechanisms to investigate and punish abuse and corruption. The security forces generally were effective, although sometimes brutal, at maintaining stability. There were allegations during the year that the SIC committed extrajudicial killings, at times in coordination with the national police, to combat crime (see section 1.a.). The national police and FAA have internal mechanisms to investigate security force abuses, and the government provided some training to reform the security forces. Impunity for security force abuses remained a problem, however.

Local populations generally welcomed police presence in neighborhoods and on streets as enhancing general safety and security. Nevertheless, police routinely were believed to extort civilians to supplement their income. Corruption and impunity remained serious problems. The national police handled most complaints internally through opaque disciplinary procedures, which sometimes led to formal punishment, including dismissal. They participated in a television series designed to show a gamut of interactions between police and civilians. The goal of the show was to encourage the population to collaborate with police while discouraging security force members’ procurement of bribes or their payment. The national police also utilized social media to communicate with civilians. The PGR has an anticorruption unit, charged with oversight of police wrongdoing. The government disclosed publicly the results of some investigations that led to disciplinary action.

Police participated in professional training provided by national and international organizations that focused on human rights and combatting trafficking in persons.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law requires a magistrate or judge to issue a warrant before an arrest may be made, although a person caught committing an offense may be arrested immediately without a warrant. Authorities, however, did not always procure warrants before making an arrest.

By law the public prosecutor must inform the detainee of the legal basis for his or her detention within 48 hours. NGO sources reported authorities often did not respect the law. If the public prosecutor is unable to determine whether there is a legal basis for the detention within 48 hours, the prosecutor has the authority to release the person or, depending on the seriousness of the case, require the person to submit to one or more pretrial procedures prescribed by law, such as posting bail, periodic appearance before authorities, or house arrest.

If the public prosecutor determines a legal basis exists for the detention, a person may be held in pretrial detention for up to four months without charge and up to 12 months before a judge is required to rule on the case. Cases of special complexity regarding crimes for which conviction is punishable by eight or more years allow for pretrial detention without charge for up to six months, and up to 14 months before a judge is required to rule on the case. By law the period of pretrial detention counts as time served in fulfillment of a sentence of imprisonment.

The law states that all detainees have the right to a lawyer, either chosen by them or appointed by the government on a pro bono basis. The lack of lawyers in certain provinces at times impeded the right to a lawyer. There was an insufficient number to handle the volume of criminal cases, and the geographical distribution of lawyers was a problem, since most lawyers were concentrated in Luanda. Lawyers and NGOs noted that even in Luanda most poor defendants did not have access to lawyers during their first appearance before a judicial authority or during their trial. When a lawyer is unavailable, a judge may appoint a clerk of the court to represent the defendant, but clerks of the court often lacked the necessary training to provide an adequate defense.

The law allows family members prompt access to detainees, but prison officials occasionally ignored this right or made it conditional upon payment of a bribe. The law requires detainees be held incommunicado for up to 48 hours until being presented to a public prosecutor, except they may communicate with their lawyer or a family member.

A functioning but ineffective bail system, widely used for minor crimes, existed. Prisoners and their families reported that prison officials demanded bribes to release prisoners.

Arbitrary Arrest: Unlawful arrest and detention remained serious problems. The PGR attributed allegations of government wrongdoing on arrest practices made by local and international NGOs to a lack of understanding of national laws. For example, on August 12, authorities detained Joaquim costa Zangui “Lutambi,” a member of the political party Democratic Bloc, in the Viana suburb of Luanda by seizing him as he walked on the street. The Monitoring Group on Human Rights, an NGO, issued an alert several days after his disappearance, and police subsequently acknowledged they took Zangui to Ndalatando prison on suspicion of criminal activity. On September 6, authorities released Zangui.

Pretrial Detention: Excessively long pretrial detention continued to be a serious problem. An inadequate number of judges and poor communication among authorities contributed to the problem. In some cases authorities held inmates in prison for up to two years in pretrial detention. On March 18, the Ministry of Interior reported that approximately 45 percent of the total inmate population were pretrial detainees. The government often did not release detainees confined beyond the legal time limit, claiming previous releases of pretrial detainees had resulted in an increase in crime.

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The constitution and law provide for the right of peaceful assembly, and the government increasingly respected this right.

The law requires written notification to the local administrator and police three days before public assemblies are to be held. The law does not require government permission to hold public assemblies, but permits authorities to restrict or stop assemblies in public spaces within 109 yards of public, military, detention, diplomatic or consular buildings for security reasons. The law also requires public assemblies to start after 7 p.m. on weekdays and 1 p.m. on Saturdays. The government at times prohibited events based on perceived or claimed security considerations. Police and administrators did not interfere with progovernment gatherings. Nonpartisan groups intending to criticize the government or government leaders, however, often encountered the presence of police who prevented them from holding the event. Usually authorities claimed the timing or venue requested was problematic or that the proper authorities had not received notification.

On May 26, in Luanda, police intervened to prevent a group of 20 activists from commemorating the 41st anniversary of a 1977 protest against the MPLA that resulted in the arrest and killings of thousands of individuals. Protesters stated police prevented their access to the protest site and attacked them with dogs and sticks. One protester was badly injured. Opposition parties, UNITA and the Broad Convergence for the Salvation of Angola-Electoral Coalition (CASA-CE), as well as Amnesty International, criticized the police intervention.

Members of LTPM held several protests during the year. On November 17, security forces allegedly fired shots in the direction of LTPM protesters in Cafunfo, Lund Norte province, to disperse them. LTPM and several media sources reported that security forces shot one protester in the leg and detained dozens.

The government at times arbitrarily restricted the activities of associations it considered subversive by refusing to grant permits for organized activities. Authorities generally permitted opposition parties to organize and hold meetings.

FREEDOM OF ASSOCIATION

The constitution and law provide for the right of association, but the government did not always respect this right (see also section 7.a.). Extensive delays in the NGO registration process continued to be a problem; however, NGOs that had not yet received registration were allowed to operate.

In July 2017 the Constitutional Court declared unconstitutional a 2015 presidential decree regulating the operation of NGOs. Civil society had criticized the decree as potentially restrictive and intrusive for including requirements that NGOs obtain approval from the government before the implementation of any project, provide frequent financial reports to the government on NGO activities, and allow local authorities to supervise NGO projects within their municipalities. The government stated this regulation was part of its strategy to combat money laundering and terrorist financing. The court ruled that only the National Assembly had jurisdiction to legislate such requirements according to the clearly defined separation of powers in the constitution.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

A variety of domestic and international human rights groups operated throughout the country. Some of those investigating government corruption and human rights abuses alleged government interference in their activities. Civil society organizations faced difficulties in contacting detainees, and prison authorities undermined civil society work in the prisons.

The Law of Associations requires NGOs to specify their mandate and areas of activity. The government used this provision to prevent or discourage established NGOs from engaging in certain activities, especially those that the government deemed politically sensitive. In July 2017 the Constitutional Court ruled that a 2015 presidential decree to regulate NGO operations was unconstitutional (see section 2.b.).

The government allowed local NGOs to carry out human rights-related work, but many NGOs reported they were forced to limit the scope of their work because they faced problems registering, were subject to subtle forms of intimidation, and risked more serious forms of harassment and closure.

Government Human Rights Bodies: The state-funded Interministerial Commission for the Writing of Human Rights Reports includes only representatives from various government ministries. Leading civil society members decided not to participate on the commission because they did not believe it was independent or effective.

The 10th Commission on Human Rights of the National Assembly is charged with investigating citizen complaints of alleged human rights violations and makes recommendations to the National Assembly.

An Office of the Ombudsman existed to mediate between an aggrieved public, including prisoners, and an offending public office or institution. The office did not cover the entire country and had neither decision-making nor adjudicative powers, but it helped citizens obtain access to justice, advised government entities on citizen rights, and published reports. In December 2017 the National Assembly elected Carlos Alberto Ferreira Pinto as ombudsman. Opposition parliamentarians either abstained or voted against Pinto due to his position as an elected member of the National Assembly representing the ruling MPLA party and his membership in the MPLA Central Committee.

Armenia

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

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

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

Nongovernmental organizations (NGOs) expressed concerns that the government did not promptly and accurately report incidents of deaths in the army. According to independent (and separate) monitoring of noncombat deaths by the NGOs Peace Dialogue and Helsinki Citizens Assembly Vanadzor, there were 24 noncombat deaths reported during the first half of the year. In response to information requested by the NGO Peace Dialogue, the Ministry of Defense reported 31 such incidents for the same period. Human rights NGOs noted that, after years of rejection, the Ministry of Defense became more open following the May change in government in responding to requests for information on the number of deaths in the army. Nevertheless, discrepancies in the government and NGO numbers, partly due to different classification of what constituted military deaths by the Ministry of Defense and civil society, continued to contribute to the overall mistrust of official information.

In an illustrative example, on May 6, the Ministry of Defense reported the death of conscripted soldier Levon Torosyan from a gunshot wound in a military unit located in Tavush region. The 6th Garrison Investigative Department of the Investigative Committee classified the death as suicide and charged Torosyan’s fellow soldier, Valodya Hokhikyan, with insulting Torosyan; Hokhikyan pled guilty. Ruben Martirosyan, an expert from Peace Dialogue, which represented the victim’s family, observed Torosyan’s autopsy and noted the presence of a hemorrhage in his genital area and abrasions on both elbows, inflicted shortly before his death. According to Martirosyan, this and other evidence led him to conclude Torosyan was killed and that the official investigators were covering up the circumstances of the death through pressuring witnesses and falsifying evidence. On August 24, SIS launched a criminal investigation into Martirosyan’s allegations. According to Peace Dialogue, this was the first case in recent years when, parallel to the investigation of a death in the armed forces, a criminal investigation was opened to assess possible violations of the law by the investigative body. Both investigations were ongoing at year’s end.

On May 24, Prime Minister Pashinyan dismissed the chief of the General Staff of the Armed Forces, Movses Hakobyan. Many of the families of soldiers who died under noncombat conditions, who continued to demand investigation of the deaths, alleged that Hakobyan was instrumental in covering up such deaths. According to media reports, law enforcement bodies reopened investigations into some of the older noncombat death cases.

Pashinyan’s government gave new impetus to accountability for the events surrounding the aftermath of the 2008 presidential election, in which eight civilians and two police officers were killed. According to the government, in the period from July 3 until late fall, SIS launched several new criminal cases re-examining these events. The criminal cases entailed charges of overthrowing the constitutional order, abuse and exceeding official authority, torture, complicity in offering a bribe, official fraud, and falsification of evidence connected with the investigation of the 2008 post-election events. High profile suspects in those cases included former minister of defense Mikhail Harutyunyan, former deputy minister of defense Yuri Khachaturov, former chief of presidential staff Armen Gevorgyan, and former president Robert Kocharyan. Kocharyan was charged on July 27 with Article 300.1 of the criminal code, overthrowing the constitutional order, in connection with the March 1 2008 protests. On August 13, the court of appeals released him from pretrial detention. After a Court of Cassation determination that presidential immunity did not apply to his charges, he was arrested again on December 7. The investigations into the cases were ongoing at year’s end.

Concluding a visit from September 15-20, Council of Europe commissioner for human rights Dunja Mijatovic noted the steps taken by the government to finally establish responsibility for the 10 deaths, but stressed that “this should be done carefully and in strict adherence to the principles of rule of law, judicial independence, transparency and guarantees of fair trial, in order to dispel any accusations of alleged revenge politics or selective justice.”

Separatists, with Armenia’s support, continued to control most of Nagorno-Karabakh and seven surrounding Azerbaijani territories. The final status of Nagorno-Karabakh remained the subject of international mediation by the OSCE Minsk Group, cochaired by France, Russia, and the United States. Violence along the Line of Contact continued, although at lower levels starting in October, after the Armenian and Azerbaijani leaders met in Dushanbe. Recurrent shooting and shelling caused casualties and injuries among military and civilians. Following the April 2016 outbreak in violence, the sides to the conflict submitted complaints to the European Court of Human Rights (ECHR) accusing each other of committing atrocities during that time. The cases remained pending with the ECHR.

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

The law prohibits such practices. Nevertheless, there were reports that members of the security forces tortured or otherwise abused individuals in their custody. According to human rights lawyers, while the criminal code defines and criminalizes torture, the relevant provisions do not criminalize inhuman and degrading treatment. There were no convictions of officials who engaged in these practices, although there were several reports of investigations under these charges.

Police abuse of suspects during their arrest, detention, and interrogation remained a significant problem, especially during the largely peaceful “velvet revolution.” For example, on April 23, Hayk Hovhannisyan, a doctor and lecturer at Yerevan State Medical University, was beaten by police officers. According to Hovhannisyan’s account, he was trying to protect students from police violence, when five or six officers dragged him out of a taxi and kicked him in his face and body, resulting in head injuries, a concussion, and a broken cheekbone. Mistreatment occurred in police stations, which, unlike prisons and police detention facilities, were not subject to public monitoring. According to observers, police used arrest as a form of punishment. Criminal justice bodies relied on confessions and information obtained during questioning to secure convictions. According to human rights lawyers, procedural safeguards against mistreatment during police questioning, such as access to a lawyer by those summoned to the police as witnesses, as well as inadmissibility of evidence obtained through force or procedural violations, were insufficient.

According to government statistics, since the 2015 adoption of a new definition of torture in the criminal code, only two cases on charges of torture were sent to the courts.

Human rights lawyers and the ombudsman’s office recorded numerous instances of alleged violations of human rights of protestors, civilians, and journalists, including reports of excessive use of force and beatings by police officers, plainclothes officers, and gangs during the April protests. According to the Ministry of Health, 127 citizens sought medical assistance in the period from April 13-23.

According to official information, the Investigative Committee launched 25 criminal cases into violent incidents that occurred in the period from April 13 to 23. Six of the 25 cases were sent to the courts with charges against nine persons, including Andranik Isoyan, the assistant to former member of parliament (MP) Mihran Poghosyan. One case was suspended, and 14 were merged with other criminal cases. Investigation continued into four cases against 19 persons including the mayor and deputy mayor of Masis. The Masis mayor, Davit Hambardzumyan, was charged with organizing the mass disorders on April 22, when a gang of armed men wearing surgical masks attacked peaceful protesters with stones, batons, and tasers. Hambardzumyan also was charged with hooliganism for another violent incident involving firearms that occurred the same day.

In addition, the SIS investigated two criminal cases regarding violence against protestors during the April 13-23 protests. The investigation of the two cases that included 164 victims, of which 13 were journalists, was in progress at year’s end.

Two criminal cases against three police officers from Abovyan region Arsen Arzumanyan, head of Kotayk branch of police Koyayk regional administration and two police operatives, Areg Torosyan and Arsen Torosyan were sent to the courts on charges of obstructing journalists’ activities. Lieutenant-general Levon Yeranosyan, the former chief of the internal police troops, faced charges of exceeding official authority committed with violence and leading to grave consequences for his role in the violence against protesters. Police conducted 22 internal investigations into police behavior during the April 13-23 protests.

On May 13, the SIS charged the commander of the Yerevan Police Department Escort Battalion, Armen Ghazaryan, with torture for his role in the June 2017 police beatings of four members of the armed group Sasna Tsrer during an altercation. The defendants suffered cuts and bruises on their faces, heads, abdomens, backs, and legs in the beatings. At year’s end the investigation continued.

According to a September 24 statement made by Protection of Rights without Borders, SIS suspended the case examining violence against protesters who were supporting the Sasna Tsrer takeover of the police station in Erebuni in 2016.

On March 21, the office of the ombudsman issued an ad hoc report on the situation in psychiatric institutions noting violations of human rights. Such violations included legal gaps in regulating compulsory treatment, expired medication and absence of alternative treatment options, inappropriate use of means of restraint, lack of specialized personnel, absence of mechanisms for urgent stationary psychiatric assistance, overcrowding, discrimination, inadequate housing and sanitary conditions, inadequate food, lack of exercise, and other problems. On April 23, Dainius Puras, the UN special rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, issued a report on his fall 2017 visit to the country. According to the report, the country’s mental health system contained elements of outdated models and practices, including easy and frequent hospitalization of individuals with mental health conditions, overmedication, and long-term confinement for those “chronic patients.” The special rapporteur noted that in a number of the institutions, patients had been confined for long periods, sometimes for 10 to 15 years, not because they needed to be hospitalized but due to the lack of adequate care structures at the community level.

According to the prosecutor general’s office, in 2017 and the first nine months of 2018, 84 patients died in psychiatric institutions. In 80 cases, the causes of death were determined to be various diseases; criminal cases were not launched due to the absence of crimes. In three deaths, criminal cases were initiated on charges of inducing someone to commit suicide, two of which were later dropped due to the absence of a crime. The investigation of the third case was in progress.

The Council of Europe’s Committee for the Prevention of Torture (CPT) noted in a 2016 report on its visit to the country that a significant number of patients in two psychiatric clinics appeared to be deprived of their liberty. Although they had signed agreements of voluntary admission, the patients no longer wished to remain in the hospitals.

Prison and Detention Center Conditions

Prison conditions were marked by poor sanitation, inadequate medical care, and systemic corruption; overcrowding was no longer a problem at the prison level, and was almost resolved at the cell level, but conditions in some cases were harsh and life threatening. Prisons generally lacked accommodations for inmates with disabilities.

Physical Conditions: According to observers, media reports and ad hoc reports of the Prison Monitoring Group (PMG), a coalition of local NGOs, during the year prison conditions continued to remain as described in the 2016 CPT report. The CPT noted material conditions of detention at Nubarashen Prison remained unacceptable. According to the PMG, detention conditions in some cells of the Nubarashen Prison constituted torture and degrading and inhuman treatment. According to the CPT, many cells were damp, affected by mold, poorly lit and ventilated, dirty, and infested with vermin. For most inmates, water was only available at certain hours. Inmates relied on their families for food, bedding, and hygiene items. According to the CPT, similar conditions were observed in other penitentiary establishments.

Human rights observers and the PMG expressed concern about the physical conditions of Armavir penitentiary, the country’s newest prison. The prison did not have an air ventilation or cooling system. PMG monitors who visited the prison on July 13 registered temperatures of 45 degree Celsius (113 degrees Fahrenheit) inside cells, with no constant water supply. According to the PMG, the ventilation and cooling system was removed from the original construction plan due to lack of resources.

According to the PMG, impunity related to the deaths of inmates was one of the most significant human rights problems in prison. In one illustrative case, the penitentiary service of the Ministry of Justice announced that, on August 11, Moldovan citizen Vasile Gruiya was found hanged from his belt in his cell in Armavir Prison. According to the penitentiary service, Gruiya, a detainee, had been aggressive since his admission on August 6 and had attempted self-mutilation. To stabilize him, his mother was allowed to see him and prison psychologists worked with him for three days. According to media reports, Gruiya’s family did not believe that he could have committed suicide, since he was informed that he would be released in a few days. Media also reported Gruiya’s mother claimed her son was killed by another detainee and that he told her he had received death threats. According to official information, the forensic examination of Gruiya’s body discovered numerous injuries inflicted shortly before his death with a blunt object. The criminal investigation into his death was in progress as of year’s end.

The Ombudsman’s Office and the PMG noted the need for better psychological services in prisons. According to statistics published by the PMG, from 2011 to 2017, there were 27 suicides in prison. In 2017, 607 cases of self-mutilation were registered compared with 879 in 2016. The most self-mutilation incidents in 2017 were registered in Nubarashen and Armavir prisons. According to the PMG, the prison administration did not appropriately investigate the cases and did not determine the culpability or negligence of prison staff. In 2017 the PMG made several requests to the Ministry of Justice to allow additional psychologists on its staff to enter prisons but was denied.

On May 3, the SIS announced it charged several employees of the Armavir Prison with torturing a convict, after prison staff had applied physical force to an inmate, but the case was dropped after law enforcement determined the physical force was legitimate.

According to human rights organizations, in addition to the poor physical condition of the facilities, an organized criminal structure dominated prison life. Prison officials reportedly delegated authority to select inmates (called “watchers”) at the top of the informal prison hierarchy and used them to control the inmate population.

Former inmates and many human rights observers raised the problem of systemic corruption and bribery in the penitentiaries. On June 29, a group of convicts addressed a letter to the prime minister, which asserted that corruption continued everywhere in the penitentiary system, with the exception of the Vardashen Prison, which was used primarily for foreigners and former government officials. The letter’s authors claimed that each cell paid bribes that ranged from 300,000 to 600,000 drams ($635 to $1,250) per month to the prison’s administration, local criminal authorities, and others.

There also were reports of medical negligence. In an illustrative example, on February 14, media outlets reported the December 2017 death of convicted prisoner Arega Avetisyan in the Abovyan Prison. Prior to her death the PMG had requested Avetisyan’s release based on health grounds. According to the PMG, Avetisyan suffered a stroke and was given care by another prisoner. After the request, Avetisyan underwent a medical examination that determined her medical condition did not necessitate her release. Authorities opened a criminal case on charges of medical negligence, which was ongoing by year’s end.

There was no progress in investigating the April 2017 death of convicted prisoner Hrachya Gevorgyan in the Armavir Penitentiary.

Health-care services in prisons remained understaffed and poorly equipped, and there were problems with access to specialist care including mental health care. There was also a serious shortage of medication.

According to the PMG and other human rights organizations, LGBTI individuals experienced the worst prison conditions. They were frequent targets of discrimination, violence, psychological and sexual abuse and were forced by other inmates to perform degrading labor. Prison administrators reinforced and condoned such treatment and held LGBTI individuals in segregated cells in significantly worse conditions. The PMG noted that homosexual males or those assumed to be homosexual, those associating with them, and inmates convicted of crimes such as rape, as well as those who refused to live by the “unwritten criminal prison rules” were segregated from other inmates and forced to perform humiliating jobs such as cleaning the toilets, picking up trash for other prisoners, and providing sexual services. The PMG reported a case in the Nubarashen Penitentiary in May when prison staff revealed an LGBTI inmate’s sexual identity to his parents, after which he became depressed and self-mutilated. Despite deteriorating health, he was not provided medical assistance for weeks, and was transferred to the prison hospital penitentiary only after the involvement of the PMG.

Administration: Authorities did not routinely conduct credible investigations nor take action in a meaningful manner to address problems involving the mistreatment of prisoners, disputes and violence between inmates, or widespread corruption.

Convicts and detainees did not always have reasonable access to visitors due to the lack of suitable space for visitations. Heads of prisons and detention facilities arbitrarily used their discretion to deny prisoners and detainees visitation, contact with families, or the ability to receive periodicals.

Independent Monitoring: The government generally permitted domestic and international human rights groups, including the CPT, to monitor prison and detention center conditions, and they did so regularly. Authorities allowed monitors to speak privately with prisoners and permitted the International Committee of the Red Cross to visit prisons and pretrial detention centers. In December 2017, the Minister of Health established a civil society group to carry out monitoring of psychiatric institutions.

There were limits, however, to domestic independent monitoring. The Ministry of Justice continued to deny PMG monitors access to those individuals in whose case the investigation body had put a restriction on communication. The PMG was also unable to check the conditions of confinement for those individuals. The PMG asserted that the restriction was arbitrary and that the investigation body’s decision could not apply to the PMG. There were also restrictions on the PMG’s ability to check food quality in the prisons.

Improvements: In May the parliament approved amendments to the penitentiary code, probation law, the criminal code, and the criminal procedural code to address gaps in the early release program. The amendments, which went into effect on June 23, abolished independent commissions formed to consider requests for early release, transferring their functions to the penitentiary and state probation services. Based on the advisory reports of the two institutions, the court makes the final recommendation on early release. On October 16, a Yerevan trial court made an unprecedented decision to release an inmate, who had been serving a life sentence since 1996, on a 10-year probation. On July 12, parliament adopted changes to the penitentiary code that doubled the number of short- and long-term visits for persons convicted of especially grave crimes and for those serving life sentences. The changes, which came into force on August 4, allowed six short-term and two long-term visits during the year.

During the year the Ministry of Justice Center for Legal Education and Rehabilitation Programs developed and approved, with international funding, an anger management training program for female and juvenile inmates of Abovyan prison. In addition, Abovyan inmates received training in English language, computer literacy, cooking, crochet and felting, therapeutic exercise/yoga, hairdressing, career planning, and entrepreneurship.

On November 1, a decree came into force that allowed inmates deprived of the opportunity to meet with their relatives due to distance or illness to have two 20-minute video calls per month.

On December 16, the government allocated 270 million drams ($556,000) to the Ministry of Justice for correctional facility renovations.

d. Arbitrary Arrest or Detention

While 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, police arbitrarily detained citizens, including during the largely peaceful protests in April and May leading to the “velvet revolution.”

ROLE OF THE POLICE AND SECURITY APPARATUS

The national police force is responsible for internal security, while the National Security Service (NSS) is responsible for national security, intelligence activities, and border control. The SIS is a separate agency specializing in preliminary investigation of cases involving suspected abuses by public officials. The Investigative Committee is responsible for conducting pretrial investigations into criminal cases and incorporates investigative services. Police conduct initial investigations and detentions before turning a case over to the Investigative Committee. The NSS and the police chiefs report directly to the prime minister and are appointed by the president based on the prime minister’s recommendation. The cabinet appoints the SIS and Investigative Committee chiefs based on recommendations from the prime minister.

Civilian authorities maintained effective control over the NSS, the SIS, police, and the Investigative Committee, and the new government took steps to investigate and punish abuse, especially at high levels.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Although the law requires law enforcement officers to obtain warrants or have reasonable suspicion in making arrests, authorities on occasion detained and arrested suspects without warrants or reasonable suspicion. By law an investigative body must either arrest or release individuals within three hours of taking them into custody. Within 72 hours, the investigative body must release the arrested person or file charges and obtain a detention warrant from a judge. Judges rarely denied police requests for detention warrants or reviewed police conduct during arrests. According to observers, police did not keep accurate records and either backdated or failed to fill out protocols of detention and arrest.

The law requires police to inform detainees of the reasons for their detention or arrest as well as their rights to remain silent, legal representation, and to make a telephone call. Bail was a legal option, and judges employed it at an unprecedented scale following the May change in government. The Helsinki Association and human rights lawyers pointed out that the law does not define a maximum for the amount of bail and reported bureaucratic barriers when individuals sought to get bail money back after release. In practice, the judicial system and law enforcement bodies placed the burden of proof on suspects to demonstrate they did not present a flight risk or would not hamper an investigation, when courts determined the form of pretrial preventive measures.

Defendants were entitled to representation by an attorney from the moment of arrest, and the law provides for a public defender if the accused is indigent. According to human rights observers, few detainees were aware of their right to legal representation. Observers indicated police often avoided granting individuals their due process rights by summoning and holding, rather than formally arresting, them, under the pretext that they were material witnesses rather than suspects. Police were thereby able to question individuals without giving them the benefit of a defense attorney.

In its 2016 report, the CPT reported observing the practice of persons being “invited” (usually by telephone) to come to police stations for what was presented as informal talks. Such talks could last several hours or even days, as the examiners sought to elicit confessions or collect evidence before declaring the persons interviewed a suspect and informing them of their rights.

Arbitrary Arrest: According to international organizations and human rights observers, police and NSS personnel often detained or arrested individuals without a warrant or probable cause. Human rights organizations stated such detentions were often a way to begin an investigation, with authorities hoping the suspect would confess and make further investigation unnecessary.

Between April 16 and April 23, the police detained 1,236 persons, including 121 minors, in connection with the “velvet revolution.” In many cases, individuals were detained simply for being at a certain location, regardless of whether they participated in a protest. In some cases, their rights to legal representation were not respected, and they were held beyond the legal three-hour limit without charges or access to a lawyer. In one high-profile example, on April 22, police arrested members of parliament Nikol Pashinyan, Ararat Mirzoyan, and Sasun Mikayelyan. Pashinyan was taken into custody at an undisclosed location and was released after more than 24 hours on April 23.

Pretrial Detention: Lengthy pretrial detention remained a chronic problem. According to the government, as of October 31, 36 percent of the prison population consisted of pretrial detainees. Some observers saw police use excessive pretrial detention as a means of inducing defendants to confess or to reveal self-incriminating evidence.

Although the law requires prosecutors to present a well-reasoned justification every two months for extending pretrial custody, judges routinely extended detention on unclear grounds. Authorities generally complied with the six-month limit in ordinary cases and a 12-month limit for serious crimes as the total time in pretrial detention. Once prosecutors forward their cases to court for trial, the law does not provide time limits on further detention but indicates only that a trial must be of “reasonable length.” Prosecutors regularly requested and received trial postponements from judges. Prosecutors tended to blame trial delays on defense lawyers and their requests for more time to prepare a defense. Severely overburdened judicial dockets at all court levels also contributed to lengthy trials.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: According to legal experts, suspects had no practical opportunities to appeal the legality of their arrests. In cases where the courts ruled on a pretrial detention, another court was unlikely to challenge its ruling.

Amnesty: On November 1, the National Assembly adopted a general amnesty proposed by the government, resulting in the release of 523 convicts from prisons as of November 23.

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association. In some instances, the government restricted those freedoms.

FREEDOM OF PEACEFUL ASSEMBLY

The constitution and the law provide for freedom of peaceful assembly and after the spring “velvet revolution,” the new government generally respected these rights.

A local NGO, the Armenian Helsinki Committee (AHC), examined the right to freedom of peaceful assembly, especially focusing on the protest period of April-May. The April rallies were unprecedented in terms of the number of participants as compared to rallies held in earlier years, with estimates of 100,000-150,000 protesters at some points. From April 13 to April 15, NGOs reported no instances of police interference with assemblies and marches, but the situation changed after April 16, when in response to Nikol Pashinyan’s call for a “decentralized struggle,” numerous citizens organized and held rallies and marches in various parts of Yerevan as well as in the regions.

AHC found many instances of disproportionate use of force, violence, and abuse of official powers by the police at assemblies from April 16 to April 23. For example, on April 16 and on April 22, members of an unknown police unit threw 11 flash grenades into the crowds without proper warning. As a result, 40 citizens and six police officers sought medical assistance. Reporters from 168?am and Factor.am news websites also sustained injuries.

According to the police report, from April 16 to April 26, 1,283 persons were forcibly brought to police departments, including 1,144 in Yerevan, 918 of whom were also subjected to administrative detention. The majority of the demonstrators were held in administrative detention for no more than three hours, in accordance with the law, although some detainees reported being held longer. Some were brought to police departments but were not allowed to make a phone call. Lawyers who cooperated in a hotline organized by human rights defenders reported in many cases officers prevented them from meeting with their clients. In some cases, obstacles for lawyers to enter police departments were removed after intervention from the ombudsman’s office.

There were incidents of violence by masked assailants. On April 22, for example, more than 50 individuals on Erebuni Street attacked protesters with electroshock weapons, truncheons, and stones and verbally abused them. Many of the attackers wore masks that covered their faces. More than 20 police officers were present when the incident occurred, but did not interfere to stop the assaults. A reporter, a cameraman from Shant TV, and a cameraman from Factor TV were hurt during the incident.

The SIS opened investigations into more than 50 criminal cases of police abuse of power accompanied by violence during the assemblies held from April 13 to May 8. Later, those cases were merged into a single criminal case and an investigative group was established. More than 60 episodes of violence were under investigation within the framework of that criminal case, with reporters, lawyers, and numerous citizens recognized as aggrieved parties.

In November the UN special rapporteur on peaceful assembly and association noted, “Armenia has come a long way with recent reforms and the adoption of new laws that regulate the exercise of the rights to freedom of peaceful assembly and association; however authorities need to ensure the consistent enforcement of the current regulations.”

FREEDOM OF ASSOCIATION

The constitution and law provide this right, and the government generally respected it. Under the Law on Public Organizations, in force since February 2017, some NGOs have legal standing to act on behalf of their beneficiaries limited to environmental issues in court. The limitations contradict a 2010 Constitutional Court decision that allowed all NGOs to have legal standing in court.

On October 29, the Ministry of Justice proposed draft amendments to the Law on Public Organizations that generated intense public debate. For example, on November 16, the Transparency International Anticorruption Center (TIAC) released a statement expressing concerns the draft amendments would introduce problematic changes to the reporting requirements for civil society organizations. The draft proposed to toughen the reporting for civil society organizations by extending reporting requirements to all organizations regardless of their sources of funding. In addition, the amendments would require personal information of the donors as well as members, governing bodies, staff and volunteers who have received funding. According to TIAC, the draft would put an unreasonable and disproportionate burden on public organizations.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

Following the May change in government leadership, some civil society representatives joined the government. Others, however, continued to serve as watchdogs, scrutinizing the actions of the new government. Domestic and international human rights groups generally operated without government restrictions, investigating and publishing their findings on human rights cases. On November 8, however, Daniel Ionnisyan of the Union of Informed Citizens (UIC) NGO announced via Facebook post that the Investigative Committee had launched a criminal case against one of the UIC’s Fact Investigation Platform (FIP) reporters. The reporter had contributed to an October 18 FIP report on a recorded phone conversation with a public school principal in Hrazdan. The recording revealed that the principal was planning to engage school staff and students in the political rally of an independent mayoral candidate (the son of an MP from My Step party).

After the “velvet revolution,” some Facebook users politically affiliated with the former government and media outlets started a smear campaign against civil society organizations funded by the Open Society Foundation and government officials whom they alleged were directly or indirectly affiliated with the foundation.

Government Human Rights Bodies: The Office of the Human Rights Defender (the ombudsperson) has a mandate to protect human rights and fundamental freedoms from abuse at all levels of government. Civil society generally approved of the work of the ombudsman’s office during the April-May protests. According to the human rights defender’s website, the office worked 24 hours a day during protests to ensure human rights protections. For the first half of the year, the office reported an unprecedented number of citizen complaints and visits, which it attributed to increased trust in the institution and new public expectations.

Azerbaijan

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

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

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

In July and August, the government announced that security services had killed five individuals who allegedly resisted police during their arrest. The authorities claimed the individuals were involved in the July 3 attempted murder of Ganja mayor Elmar Valiyev and the subsequent July 10 killing of two police officers. Human rights defenders alleged the five individuals had not resisted arrest and that police and state security services planned the killings in advance.

On September 26, Teymur Akhundov died in the Gazakh Police station after he was summoned for questioning. Akhundov’s family alleged his death was caused by physical abuse by police.

On September 13, State Border Service private Huseyn Gurbanov died under unclear circumstances. Authorities stated he committed suicide, but family members publicly alleged members of his unit killed him during a hazing ritual.

Separatists, with Armenia’s support, continued to control most of Nagorno-Karabakh and seven surrounding Azerbaijani territories. The final status of Nagorno-Karabakh remained the subject of international mediation by the OSCE Minsk Group, cochaired by France, Russia, and the United States. Violence along the Line of Contact continued, although at lower levels starting in October, after the Azerbaijani and Armenian leaders met in Dushanbe. Recurrent shooting and shelling caused casualties among military and civilians. Following the April 2016 outbreak in violence, the sides to the conflict submitted complaints to the ECHR accusing each other of committing atrocities during that time. The cases remained pending with the European Court of Human Rights (ECHR).

As of November 20, local human rights organizations reported at least 31 noncombat-related deaths in security forces, including suicides and soldiers killed by fellow service members.

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

While the constitution and criminal code prohibit such practices and provide for penalties for conviction of up to 10 years’ imprisonment, credible allegations of torture and other abuse continued. Most mistreatment took place while detainees were in police custody, where authorities reportedly used abusive methods to coerce confessions.

On July 18, the Council of Europe’s Committee for the Prevention of Torture (CPT) published reports of six visits it conducted to the country between 2004-17. In the reports the CPT stated its overall impression of the situation in the country was that torture and other forms of physical mistreatment by police and other law enforcement agencies, corruption in the entire law enforcement system, and impunity remained systemic and endemic. The 2017 CPT delegation reported receiving numerous credible allegations of severe physical abuse that it stated could be considered torture, such as truncheon blows to the soles of the feet and infliction of electric shocks. The goal of the alleged abuse reportedly was to force the detainees to sign a confession, provide other information, or accept additional charges. In contrast to previous visits, the delegation also reported receiving allegations of what it termed “severe ill treatment/torture” by the State Customs Committee, the State Border Service, and the Armed Forces.

In January 2017 authorities arrested prominent blogger and Institute for Reporters’ Freedom and Safety (IRFS) chairman Mehman Huseynov in the Nizami district of Baku for allegedly resisting police. In a news conference the following day, he stated police tortured him while he was in their custody. The head of Nizami police pressed charges against Huseynov for criminal defamation; in March 2017 a Baku court convicted him and sentenced him to two years in prison (see section 1.c., Political Prisoners and Detainees).

There were also reports of torture in prisons. In one example, media reported family member claims that in April imprisoned deputy head of the Muslim Unity Movement Abbas Huseynov was severely beaten and left chained in an isolation cell in Gobustan Prison. He was subsequently chained to an iron post in the prison yard, exposed to the elements, from morning until night. This followed media and human rights lawyers’ reports in August 2017 of Huseynov’s torture in the same prison. Authorities did not investigate the allegations.

Authorities reportedly maintained an implicit ban on independent forensic examinations of detainees who claimed mistreatment and delayed their access to an attorney–practices that opposition figures and other activists stated made it easier for officers to mistreat detainees with impunity. Authorities reportedly delayed the forensic examination of Yunus Safarov for 21 days after photos showing marks of severe abuse on his body were circulated in social media immediately after his arrest on charges of attempted murder of the then Ganja mayor.

On March 31, police from the Antitrafficking Department (ATD) of the Ministry of Internal Affairs detained youth activist Fatima Movlamli, who at that time was 17 years old and a legal minor. They held her incommunicado for five days on the premises of the Baku ATD, during which time they slapped her around the head and shoulders and threatened to rape her if she did not sign a document acknowledging she was involved in prostitution.

Local observers again reported bullying and abuse in military units during the year. For example, on August 3, private Fahmin Abilov committed suicide after reportedly suffering abuse. His commanding officer and two privates were arrested in connection with his death. The Ministry of Defense maintained a telephone hotline for soldiers to report incidents of mistreatment to hold unit commanders responsible.

Prison and Detention Center Conditions

According to a reputable prison-monitoring organization, prison conditions were sometimes harsh and potentially life threatening due to overcrowding, inadequate nutrition, deficient heating and ventilation, and poor medical care. Detainees also complained of inhuman conditions in the crowded basement detention facilities of local courts where they awaited trial. They reported those facilities lacked ventilation and proper sanitary conditions.

Physical Conditions: Authorities held men and women together in pretrial detention facilities in separate blocks but housed women in separate prison facilities after sentencing. Local NGO observers reported female prisoners typically lived in better conditions than male prisoners, were monitored more frequently, and had greater access to training and other activities, but that women’s prisons still suffered from many of the same problems as prisons for men. The Ministry of Justice reported that during the year five children less than three years of age lived in adult prison facilities with their incarcerated mothers. Convicted juvenile offenders may be held in juvenile institutions until they are 20 years old.

While the government continued to construct new facilities, some Soviet-era facilities still in use did not meet international standards. Gobustan Prison, Prison No. 3, Prison No. 14, and the penitentiary tuberculosis treatment center reportedly had the worst conditions.

Human rights advocates reported guards sometimes punished prisoners with beatings or by holding them in isolation cells. Local and international monitors reported markedly poorer conditions at the maximum-security Gobustan Prison.

Prisoners at times claimed they endured lengthy confinement periods without opportunity for physical exercise. They also reported instances of cramped, overcrowded conditions; inadequate ventilation; poor sanitary facilities; inedible food; and insufficient access to medical care. An example of the latter was the denial of timely eye surgery by Baku prison authorities for Mahammad Ibrahim, an opposition Popular Front Party senior advisor, causing permanent damage to his sight. On September 29, just one day prior to his expected release, he was charged by prison officials with illegal possession of a knife, a violation that carries the possibility of up to six additional months of imprisonment. Another Popular Front Party member, Elnur Farajov, died on August 10 from cancer shortly after his release from prison. Family members said he was not properly treated for the disease while incarcerated.

Former prisoners and family members of imprisoned activists reported prisoners often had to pay bribes to meet visiting family members, watch television, use toilets or shower rooms, or to receive food from outside the detention facility. Although the law permits detainees to receive daily packages of food to supplement the food officially provided, authorities at times reportedly restricted access of prisoners and detainees to family-provided food parcels. Some prisons and detention centers did not provide access to potable water.

Administration: While most prisoners reported they could submit complaints to judicial authorities and the Ombudsman’s Office without censorship, prison authorities regularly read prisoners’ correspondence, monitored meetings between lawyers and clients, and restricted some lawyers from bringing documents in and out of detention facilities. While the Ombudsman’s Office reported conducting systematic visits and investigations into complaints, activists reported the office was insufficiently active in addressing prisoner complaints by, for example, failing to investigate allegations of torture and abuse, such as those made by Muslim Unity Movement deputy chair Abbas Huseynov and N!DA activist Ilkin Rustamzade.

Authorities at times limited visits by attorneys and family members, especially to prisoners widely considered to be incarcerated for political reasons.

Independent Monitoring: The government permitted some prison visits by international and local organizations, including the ICRC. Authorities generally permitted the ICRC access to prisoners of war and civilian internees held in connection with the Nagorno-Karabakh conflict as well as to detainees held in facilities under the authority of the Ministries of Justice and Internal Affairs and the State Security Services.

The ICRC conducted regular visits throughout the year to provide for protection of prisoners under international humanitarian law and regularly facilitated the exchange of messages between them and their families to help them re-establish and maintain contact.

A joint government-human rights community prison-monitoring group known as the Public Committee was allowed access to prisons without prior notification to the Penitentiary Service. On some occasions, however, other groups that reportedly gave prior notification experienced difficulty obtaining access.

Improvements: On July 18, the CPT reported a presidential executive order had resulted in some improvements, mainly in reducing prison overcrowding. The CPT noted, however, that the national and international minimal standard for living space per inmate had not yet been achieved in pretrial facilities visited in October 2017, especially in Shuvalan and Ganja.

d. Arbitrary Arrest or Detention

Although the law prohibits arbitrary arrest and detention and provides for the right of persons to challenge the lawfulness of their arrest or detention in court, the government generally did not observe these requirements.

ROLE OF THE POLICE AND SECURITY APPARATUS

The Ministry of Internal Affairs and the State Security Service are responsible for security within the country and report directly to the president. The Ministry of Internal Affairs oversees local police forces and maintains internal civil defense troops. The State Security Service is responsible for domestic matters, and the Foreign Intelligence Service focuses on foreign intelligence and counterintelligence issues. NGOs reported both services detained individuals who exercised their rights to fundamental freedoms, including freedom of expression. The State Migration Service and the State Border Service are responsible for migration and border enforcement. Activists reported the State Border Service played a role in facilitating detentions at the border of some who exercised their rights to fundamental freedoms.

Civilian authorities maintained effective control over the Ministry of Internal Affairs, the State Security Service, and the Foreign Intelligence Service. The government lacked effective mechanisms to investigate and punish abuse; widespread corruption resulted in limited oversight, and impunity involving the security forces was widespread.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law provides that persons detained, arrested, or accused of a crime be accorded due process, including being advised immediately of their rights and the reason for their arrest. In cases deemed to be politically motivated, due process was not respected, and accused individuals were convicted under a variety of spurious criminal charges.

According to the law, detainees are to be brought before a judge within 48 hours of arrest, and the judge may issue a warrant placing the detainee in pretrial detention, placing the detainee under house arrest, or releasing the detainee. In practice, however, authorities at times detained individuals held for longer than 48 hours for several days without warrants. The initial 48-hour arrest period may be extended to 96 hours under extenuating circumstances. During pretrial detention or house arrest, the Prosecutor General’s Office is to complete its investigation. Pretrial detention is limited to three months but may be extended by a judge up to 18 months, depending on the alleged crime and the needs of the investigation. There were reports of detainees not being informed promptly of the charges against them.

A formal bail system existed, but judges did not utilize it during the year. The law provides for access to a lawyer from the time of detention, but there were reports that authorities frequently denied lawyers’ access to clients in both politically motivated and routine cases. For example, media outlets reported that a lawyer was not able to gain access to Popular Front Party members Agil Maharremov, Ruslan Nasirli, and Babek Hasanov for days following their initial detention. Access to counsel was poor, particularly outside of Baku. Although entitled to legal counsel by law, indigent detainees often did not have such access.

Human rights defenders stated that many of the more than 60 individuals detained after the attempted assassination of the mayor of Ganja and subsequent killing of two police officers in July were denied access to legal representation.

Police at times held politically sensitive and other suspects incommunicado for periods that ranged from several hours to several days. In March human rights defenders reported police illegally held youth activist Fatima Movlamli, a legal minor at the time, incommunicado for five days in the Baku Antitrafficking Department Crime before releasing her without charge. On May 12, Popular Front Party supporter Saleh Rustamov was detained and held incommunicado for 15 days.

Prisoners’ family members reported that authorities occasionally restricted visits, especially to persons in pretrial detention, and withheld information about detainees. Days sometimes passed before families could obtain information about detained relatives. Authorities reportedly used family members as leverage to put pressure on individuals to turn themselves in to police or to stop them from reporting police abuse. Family members of Popular Front Party activists Babek Hasanov, Ruslan Nasirli, and Agil Maharramov stated in November that, contrary to the law, authorities had prohibited all contact with their relatives since police detained them in May for alleged illegal entrepreneurship and money laundering. Human rights defenders stated the charges and isolation from family was punishment for their political activities.

Arbitrary Arrest: Authorities often made arrests based on spurious charges, such as resisting police, illegal possession of drugs or weapons, tax evasion, illegal entrepreneurship, abuse of authority, or inciting public disorder. Local organizations and international groups such as Amnesty International and Human Rights Watch criticized the government for arresting individuals exercising their fundamental rights and noted that authorities frequently fabricated charges against them.

In a high-profile example, on June 4, shortly after completing a degree program abroad and returning to the country, lawyer Emin Aslanov was arrested by police and held incommunicado for a day at the Ministry of Internal Affairs’ Main Department to Combat Organized Crime. He was sentenced to 30 days of administrative detention on charges of resisting police, but activists stated the arrest and detention were due to his past human rights work.

Pretrial Detention: Authorities held persons in pretrial detention for up to 18 months. The Prosecutor General’s Office routinely extended the initial three-month pretrial detention period permitted by law in successive increments of several months until the government completed an investigation.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: By law persons arrested or detained, regardless of whether on criminal or other grounds, are entitled to challenge in court the legal basis, length, or arbitrary nature of their detention and obtain prompt release and compensation if found to have been unlawfully detained. The judiciary did not rule independently in such cases, however, and in some cases the outcomes appeared predetermined.

Amnesty: On May 24, the president pardoned 634 prisoners, but human rights defenders considered few to be political prisoners, with the exceptions of Popular Front Party member Elnur Farajov, writer Saday Shakarli, and 10 religious activists.

There were reports authorities required prisoners to write letters seeking forgiveness for past “mistakes” as a condition of their pardon.

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, but the government restricted these rights.

FREEDOM OF PEACEFUL ASSEMBLY

The government severely restricted freedom of peaceful assembly. Authorities at times responded to peaceful protests and assemblies by using force and detaining protesters. The law permits administrative detention for up to three months for misdemeanors and up to one month for resisting police. Punishment for those who failed to follow a court order (including failure to pay a fine) may include fines of 500 to 1,000 manat ($290 to $580) and punishment of up to one month of administrative detention.

While the constitution stipulates that groups may peacefully assemble after notifying the relevant government body in advance, the government continued to interpret this provision as a requirement for prior permission. Local authorities required all rallies to be preapproved and held at designated locations. Most political parties and NGOs criticized the requirements as unacceptable and characterized them unconstitutional. Authorities throughout the country routinely ignored applications for public rallies, effectively denying the freedom to assemble.

Activists stated that police routinely arrested individuals who peacefully sought to exercise their fundamental freedoms on false charges of resisting police that consistently resulted in periods of administrative detention up to 30 days. A total of 18 individuals were detained and sentenced to 15 to 30 days of administrative detention for their participation in government authorized opposition rallies on March 10, March 31, and April 14. Activists also stated that, as of April 15, more than 100 Popular Front party members were summoned or harassed by police and warned about participating in opposition demonstrations. In another high-profile example, Azer Gasimli and four other activists of the opposition Republican Alternative Party were arrested, charged with resisting police, and sentenced to administrative detention for their role in organizing an unauthorized march in the center of Baku on May 28 to celebrate the centennial anniversary of the founding of the Azerbaijan Democratic Republic. Police summoned dozens of other participants and warned them not to take part in similar future events.

The government also prevented opposition groups from gathering to visit culturally important sites, a practice authorities previously permitted. For example, on November 17, police detained approximately 50 opposition activists, including PFP Chairman Ali Kerimli and NCDF Chairman Jamil Hasanli, for attempting to hold a procession through Martyr’s Alley to commemorate National Revival Day. Most activists were released the same day, but Kerimli and approximately eight others were held incommunicado until November 19, when Kerimli and five others were released with fines and three PFP activists were sentenced to 20 days of administrative detention.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association, but the law places some restrictions on this right, and amendments enacted during 2014 severely constrained NGO activities. Citing these amended laws, authorities conducted numerous criminal investigations into the activities of independent organizations, froze bank accounts, and harassed local staff, including incarcerating and placing travel bans on some NGO leaders. Consequently, a number of NGOs were unable to operate.

A number of legal provisions allow the government to regulate the activities of political parties, religious groups, businesses, and NGOs, including requiring NGOs to register with the Ministry of Justice if they seek “legal personality” status. Although the law requires the government to act on NGO registration applications within 30 days of receipt (or within an additional 30 days, if further investigation is required), vague, onerous, and nontransparent registration procedures continued to result in long delays that limited citizens’ right to associate. Other laws restrict freedom of association, for example, by requiring deputy heads of NGO branches to be citizens if the branch head is a foreigner.

Laws affecting grants and donations imposed a de facto prohibition on NGOs receiving cash donations and made it nearly impossible for them to receive anonymous donations or to solicit contributions from the public.

In 2014 the president approved a number of amendments to the administrative code and the laws on NGOs, grants, and registration of legal entities that imposed additional restrictions on NGO activities and closed several loopholes for the operations of unregistered, independent, and foreign organizations. The legislation also introduced some restrictions on donors. For example, foreign donors were required to obtain preapproval before signing grant agreements with recipients. The laws make unregistered and foreign NGOs vulnerable to involuntary dissolution, intimidated and dissuaded potential activists and donors from joining and supporting civil society organizations, and restricted their ability to provide grants to unregistered local groups or individual heads of such organizations.

In January 2017 the Cabinet of Ministers issued new regulations for establishing a “single window” mechanism to streamline the grant registration process. According to the new procedures, obtaining grant registration processes for multiple agencies were merged. The new procedures were not fully implemented, however, further reducing the number of operating NGOs.

In 2016 the Ministry of Justice adopted rules on monitoring NGO activities. The rules authorize the ministry to conduct inspections of NGOs, with few provisions protecting their rights, and provide the potential of harsh fines if they do not cooperate.

The far-reaching investigation opened by the Prosecutor General’s Office in 2014 into the activities of numerous domestic and international NGOs and local leadership remained open during the year. As a result a number of NGOs were unable to operate, the bank accounts of several NGOs remained frozen, and some NGO leaders were still prohibited from leaving the country.

The government continued to implement rules pursuant to a law that requires foreign NGOs wishing to operate in the country to sign an agreement and register with the Ministry of Justice. Foreign NGOs wishing to register a branch in the country are required to demonstrate they support “the Azerbaijani people’s national and cultural values” and commit not to be involved in religious and political propaganda. The decree does not specify any time limit for the registration procedure and effectively allows for unlimited discretion of the government to decide whether to register a foreign NGO. As of year’s end, no foreign NGOs had been able to register under these rules.

NGO representatives stated the Ministry of Justice did not act on submitted applications, particularly those from individuals or organizations working on issues related to democratic development. Some experts estimated up to 1,000 NGOs remained unregistered.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

The government continued to impose severe restrictions on the operations of domestic and international human rights groups. Application of restrictive laws to constrain NGO activities and other pressure continued at the high level of recent years. Leading human rights NGOs faced a hostile environment for investigating and publishing their findings on human rights cases. Activists also reported that authorities refused to register their organizations or grants and continued investigations into organizations’ activities. As a result some human rights defenders left the country or remained unable to carry out their professional responsibilities due to various government obstacles, such as failure to return confiscated case files and office equipment of Intigam Aliyev, the travel bans on Intigam Aliyev and Asabali Mustafayev, and frozen bank accounts.

While the government communicated with some international human rights NGOs and responded to their inquiries, on numerous occasions it criticized and intimidated other human rights NGOs and activists. The Ministry of Justice continued to deny registration or placed burdensome administrative restrictions on human rights NGOs on arbitrary grounds.

Government officials and state-dominated media outlets engaged in rhetorical attacks on human rights activists (and political opposition leaders; see section 3), accusing them of attempting to destabilize the country and working on behalf of foreign interests.

The United Nations or Other International Bodies: The government objected to statements from international bodies, criticizing what authorities called interference in the country’s internal affairs. For example, government officials and members of the National Assembly criticized the OSCE/ODIHR assessment of the presidential election, stating it had been written in advance of the election to smear the country (see section 3).

Government Human Rights Bodies: Citizens may appeal violations committed by the state or by individuals to the ombudsman for human rights for Azerbaijan or the ombudsman for human rights of the Nakhichevan Autonomous Republic. The ombudsman may refuse to accept cases of abuse that are more than a year old, anonymous, or already being handled by the judiciary. Human rights NGOs criticized the Ombudsman’s Office as lacking independence and effectiveness in cases considered politically motivated.

Human rights offices in the National Assembly and the Ministry of Justice also heard complaints, conducted investigations, and made recommendations to relevant government bodies.

Bahrain

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

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

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

As of December authorities reported they were continuing to investigate the circumstances surrounding the death of five protesters during a May 2017 security operation to clear protesters outside the house of Shia cleric Isa Qassim.

Violent extremists perpetrated dozens of attacks against security officers during the year, resulting in 22 injured personnel. The Ministry of Interior claimed there were 81 terrorist attacks against police from January to August.

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

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. Information regarding specific new cases was limited.

Human rights groups reported previous detainee accounts alleging security officials beat them, placed them in stress positions, humiliated them in front of other prisoners, deprived them of sleep and prayers, and insulted them based on their religious beliefs. Human rights organizations also reported authorities denied medical treatment to injured or ill detainees and prisoners. The Ministry of Interior’s Ombudsman’s Office reported they investigated all complaints and made recommendations to the government to address concerns. 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.

According to Amnesty International, Ali Mohamed Hakeem al-Arab and Ahmad al-Malali were tortured after being transferred to Jaw Prison following their January 31 conviction on charges including “forming and joining a terrorist group.” They were sentenced to death, and Amnesty International reported al-Arab also alleged being tortured into signing a confession.

The Ministry of Interior denied torture and abuse were systemic. The government reported it had equipped all prisons, detention facilities, and interrogation rooms at local police stations and the CID, with closed-circuit televisions cameras monitored at all times. In its 2017-18 annual report, the Ombudsman’s Office detailed four cases of video evidence being used in disciplinary cases against police officers.

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.

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. Detainees and human rights organizations also reported abuse in official pretrial detention centers, as well as in Isa Town Prison, Jaw Prison, and Dry Dock Detention Center.

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 quasi-governmental Prisoner and Detainees Rights Commission on Prisoner and Detainee Rights (PDRC) reports from 2015 detailed concerns regarding conditions in Jaw Prison, including overcrowding, unsanitary conditions, and lack of access to basic supplies. Previous reports from the Women’s Removal Center and Men’s Removal Center also highlighted some unsanitary conditions.

A number of female inmates staged hunger strikes to protest conditions in the Isa Town Prison, including what they viewed as unwarranted strip searches. Medina Ali began her strike on March 22 to protest allegedly being stripped-searched by authorities after a family visit. She claimed the strip search was retaliation for her political views; she also alleged that prison officials threatened to revoke her family visitation rights and telephone calls to punish her for the strike. On September 30, the National Institute for Human Rights (NIHR) visited the prison, and after a review of video and audio tapes of the alleged incidents, determined the prison guards’ actions were “within the limits of reasonable force.”

Although the government reported potable water was available for all detainees, there were reports of lack of access to water for drinking and washing, lack of shower facilities and soap, and unhygienic toilet facilities. Inmates’ families also reported water was only available for a few hours a day at Jaw Prison. Human rights organizations reported food was adequate for most prisoners; however, those prisoners needing dietary accommodations due to medical conditions had difficulty receiving special dietary provisions.

Authorities held detainees younger than 15 at the Juvenile Care Center, and criminal records are expunged after detainees under 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 separated prisoners younger than 18 from those between ages 18 and 21. Upon reaching 21, prisoners enter the general population at Jaw Prison.

The ministry reserved one ward in the pretrial detention center for the elderly and special needs detainees. The government 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 programs, antiaddiction programs, and behavioral programs. Activists said that the programs lacked trained teachers and adequate supplies, and that the government did not allow some inmates to sit for national exams.

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, especially those needing follow-up care for complex or chronic conditions. In previous reports the PDRC noted numerous deficiencies with health services at most facilities, and human rights organizations noted some prisoners with chronic medical conditions lacked access to medical care. To address some of these concerns, the government maintained a separate ward for prisoners with infectious diseases.

In July human rights activists alleged on social media that officials had denied prisoners detained at Jaw Prison proper medical care and drinkable water. In the same month, Elias Mullah’s family asserted Mullah, serving a 15-year sentence, was dying from stage three colon cancer in Jaw prison and alleged prison officials had failed to ensure he received adequate medical treatment. They also reported that officials denied Mullah his cancer medication for 21 days.

Administration: The Ministry of Interior reported authorities registered the location of detainees from the moment of arrest. 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. Authorities generally permitted prisoners to practice their religion, but there were reports authorities sometimes denied prisoners access to religious services and prayer time.

Independent Monitoring: Authorities permitted access for the quasi-governmental NIHR and the PDRC (see section 5), as well as the Ombudsman’s Office and the Special Investigations Unit (SIU), which is part of the Public Prosecutor’s Office (PPO) in the Ministry for Justice and Islamic Affairs. During the year the Ministry of Interior highlighted the work of the Internal Audit and Investigations Department, which receives and examines complaints against security forces. According to the ombudsman’s Annual Report 2017-2018, it received 334 complaints between April 2017 and March, and it referred 30 of those cases to the SIU for further action and 90 for disciplinary proceedings. The largest number of referred cases (88) came from Jaw Prison, and the CID (15).

The SIU acted as a mechanism for the public to report prisoner mistreatment or poor conditions in prisons and detention facilities. The ombudsman began monitoring prisons and detention centers in 2013, conducting announced and unannounced visits and accepting written and in-person complaints. The ombudsman had complaint boxes at most Ministry of Interior detention facilities and staffed a permanent office at Jaw Prison to receive complaints. The Ombudsman’s Office reported it was able to access evidence preserved by the government after receiving complaints regarding mistreatment.

Amnesty International and other human rights organizations reported that government-affiliated human rights institutions did not fully investigate or follow up on claims of abuse. Furthermore, Amnesty reported that detainees faced reprisals for their or their families’ attempts to engage with the Ombudsman’s Office.

The Ministry of Interior reported that new prison housing facilities were under construction at year’s end that would help to decrease overcrowding by providing room for an additional 1,900 inmates.

d. Arbitrary Arrest or Detention

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 sources disputed these claims.

The law includes penalties for those involved in terrorism, bans demonstrations in the capital, allows for legal action against political associations accused of inciting and supporting violence and terrorism, and grants security services increased powers to protect society from terrorism, including the ability to declare a State of National Safety. Human rights groups asserted the law conflicts with protections against arbitrary arrest and detention, including for freedom of speech.

In 2017 King Hamad reinstated the arrest authority of the Bahrain National Security Agency (BNSA), after it had been removed following criticism in the 2012 Bahrain Independent Commission of Inquiry (BICI). There were no reports of the BNSA using its arrest authority during the year.

In November 2017 authorities charged Ali Salman, the secretary general of an opposition political society, al-Wifaq, with “attempting to overthrow the regime” and “giving away state and military secrets to foreign powers in exchange for money.” The charges related to a recorded 2011 telephone conversation between Salman and Qatar’s former prime minister Hamad Jassim al-Thani. Activists asserted the charges were political in nature and the government was aware of the talks as part of international efforts to resolve 2011 unrest. The High Criminal Court had acquitted Salman on all charges on June 21. The public prosecutor appealed the acquittal, and on November 4, the Supreme Court of Appeals reversed the lower court’s decision finding Salman guilty of treason and sentencing him to life in prison (a 25-year term). Salman appealed his sentence to the Court of Cassation, but the court made no decision as of year’s end. Salman had been in detention since 2014 on charges of incitement to violence. In 2015 the UN Working Group on Arbitrary Detention determined that Salman had been arbitrarily detained by the government.

ROLE OF THE POLICE AND SECURITY APPARATUS

The Ministry of Interior is responsible for internal security and controls the public security force and specialized security units responsible for maintaining internal order. The Coast Guard is also under its jurisdiction. The Bahrain Defense Force is primarily responsible for defending against external threats, while the Bahrain National Guard is responsible for both external and internal threats. Security forces effectively maintained order and generally responded in a measured way to violent attacks.

Civilian authorities maintained effective control over security forces during the year, although violating rights of citizens with impunity remained a problem. Many human rights groups asserted that investigations into police abuse were slow and ineffective and questioned the independence and credibility of investigations by government-sponsored organizations.

The SIU investigates and refers cases of security force misconduct, including complaints against the police, to the appropriate court, which includes civilian criminal courts, the ministry’s Military Court, and administrative courts. As of December the SIU received 102 complaints. The ministry generally did not release the names of officers convicted, demoted, reassigned, or fired for misconduct. As of December the SIU stated it was continuing to investigate the circumstances surrounding the death of five protesters killed in May 2017 during a protest outside cleric Isa Qassim’s residence in the village of Diraz.

There was also a BNSA Office for the Inspector General and a Ministry of Interior Ombudsman’s Office, created as a result of the BICI. While both offices were responsible for addressing cases of mistreatment and abuse, there was little public information available regarding the BNSA inspector general’s activities. The ombudsman’s fifth annual report, released in September, reported 334 complaints and 760 assistance requests between May 2017 and April from alleged victims of mistreatment by police and civilian staff, their families, or organizations representing their interests. Of these complaints, 83 were referred to the relevant disciplinary body including police administrative hearing “courts” and the PPO, 28 were still under investigation, and 169 were closed without resolution. The ombudsman reported receipt of 39 complaints against the CID and 119 against Jaw Prison from May 2016 to May. The ombudsman referred 15 of the cases against the CID and 73 against Jaw Prison for criminal or disciplinary procedures: four and 19 additional cases were still under investigation, respectively.

The Ombudsman’s Office maintained a hotline for citizens to report police abuse via telephone, email, or in person, but human rights groups reported many citizens hesitated to report abuse due to fear of retribution.

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. According to government officials, the code forbids the use of force “except when absolutely necessary.” The Royal Police Academy included the code in its curriculum and provided recruits with copies 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.

The ministry strengthened the Directorate of Audit and Internal Investigations, responsible for receiving, reviewing, and examining complaints against any member of the public security forces. Between January and July, the ministry issued nine administrative decision to dismiss or terminate police officers over misconduct allegations.

The NIHR is a quasi-governmental institution founded in 2014 with a stated mission of the promotion, development, and protection of human rights. The institution also works on awareness training to promote human rights in society, and throughout the year it provided a number of human rights training sessions and workshops to government entities as well as groups of academics, practitioner, businesspersons, and youth, among others. The NIHR also published research reports on legislation and regulations related to human rights. Throughout the year the institution operated a hotline for citizens and residents to file human rights-related complaints and also offered an in-person walk-in option for filing complaints.

The PDRC, chaired by the ombudsman, monitors prisons, detention centers, or other places where persons may be detained, such as hospital and psychiatric facilities. The PDRC is empowered to conduct inspections of facilities, interview inmates or detainees, and refer cases to the Ombudsman’s Office or SIU.

The ministry organized various human rights training programs for its employees, including a year-long human rights curriculum and diploma at the Royal Police Academy. Between January and July, 130 officers graduated with a diploma in human rights, and 44 received a diploma in community service. The academy regularly negotiates memoranda of understanding with the NIHR to exchange expertise. The academy continued to include a unit on human rights in international law as part of the curriculum for its master’s degree in Security Administration and Criminal Forensics. In 2017 the NIHR signed a memorandum with the BNSA to organize workshops and training sessions relating to human rights and basic rights and to collaborate on future research. The NIHR reported that as of September it had trained 160 BNSA officers.

The police force began including women in 1970, and during the year two women held the rank of brigadier general and general director.

Local activists and human rights organizations reported that the demographics of police and security forces failed to represent adequately Shia communities. To address these concerns, the government established in 2005 the community police program, which recruits individuals to work in their own neighborhoods. Official statistics documented 1,374 community police officers, of whom 307 were women. The ministry did not keep official statistics on the number of Shia members of the community police force, however, and did not recruit new community police during the year. Community members reported that Shia citizens were among those integrated into the community police and the police cadet programs. Information was not available on recruitment rates of Shia citizens into other security forces.

Unidentified individuals conducted numerous attacks aimed at security personnel during the year, which perpetrators often filmed and posted to social media. These videos showed attackers using Molotov cocktails and other improvised weapons against police patrols and stations, including in close proximity to bystanders. Police usually avoided responding with deadly force. During the year the Ministry of Interior reported 22 injuries of police officers while on duty.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

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 PPO 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 PPO for further questioning. The PPO 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 PPO 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 PPO 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; 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 PPO 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.

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The constitution provides for the right of free assembly, but a number of laws restrict the exercise of this right. The Ministry of Interior maintained a prohibition on public demonstrations, stating that the purpose was to maintain public order in view of sectarian attacks in the region and that the ban was expected to be temporary in nature. Prior to the ban, the government limited and controlled political gatherings, and activists reported the government denied permits for organized demonstrations by refusing to accept application paperwork. For the fourth year, there were no authorized demonstrations, although the ministry generally did not intervene in peaceful, unauthorized demonstrations, including spontaneous labor demonstrations. For the third year, the government declined to issue permits for a “May Day” rally in support of workers’ rights by thousands of members of the more than 45 trade unions affiliated with the General Federation of Bahrain Trade Unions (GFBTU). According to the government, there were no applications submitted to hold a demonstration or protest during the year.

The law outlines the locations and times during which it prohibits functions, including areas close to hospitals, airports, commercial locations, security-related facilities, and downtown Manama. The General Directorate of the Police may prevent a public meeting if it violates security or public order, or for any other serious reason. The law states that mourners may not turn funeral processions into political rallies and that security officials may be present at any public gathering.

The law states every public gathering shall have a committee consisting of a head and at least two members. The committee is responsible for supervising and preventing any illegal acts during the function. According to the law, the Ministry of Interior is not obligated to justify why it approves or denies requests to allow protests. The penal code penalizes any gathering “of five or more individuals” that is held for the “purpose of committing crimes or inciting others to commit crimes.” Lawyers asserted authorities should not prevent demonstrations in advance based on assumptions crimes would be committed. Authorities prohibited the use of vehicles in any demonstration, protest, or gathering unless organizers obtained special written permission from the head of public security.

Organizers of an unauthorized gathering faced prison sentences of three to six months. The minimum sentence for participating in an illegal gathering is one month, and the maximum is two years’ imprisonment. Authorities gave longer sentences for cases where demonstrators used violence in an illegal gathering. The maximum fine is 200 dinars ($530). The law regulates election campaigning and prohibits political activities at worship centers, universities, schools, government buildings, and public institutions. The government did not allow individuals to use mosques, maatams (Shia religious community centers), or other religious sites for political gatherings.

The government did not prevent small opposition demonstrations that occurred in traditional Shia villages that often protested government policies or were intended to show solidarity with prisoners. Police reportedly broke up some of these protests with tear gas, however. While groups participating in these protests often posted photographs on social media of these events, participants were careful to hide their faces for fear of retribution.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association, but the government limited this right. The government required all groups to register: civil society groups and labor unions with the Ministry of Labor and Social Development and political societies with the Ministry of Justice and Islamic Affairs. The government decided whether a group was social or political in nature, based on its proposed bylaws. The law prohibits any activity by an unlicensed society, as well as any political activity by a licensed civil society group. A number of unlicensed societies were active in the country (see section 3).

A civil society group applying for registration must submit its bylaws signed by all founding members, together with minutes of the founding committee’s meetings containing the names, professions, places of residence, and signatures of all founding members. The law grants the Ministry of Labor and Social Development the right to reject the registration of any civil society group if it finds the society’s services unnecessary, already provided by another society, contrary to state security, or aimed at reviving a previously dissolved society. Associations whose applications authorities rejected or ignored may appeal to the High Civil Court, which may annul the ministry’s decision or refuse the appeal.

NGOs and civil society activists asserted the ministry routinely exploited its oversight role to stymie the activities of NGOs and other civil society organizations. Local NGOs asserted officials actively sought to undermine some groups’ activities and imposed burdensome bureaucratic procedures on NGO board members and volunteers. The Ministries of Justice and Interior must vet funding from international sources, and authorities sometimes did not authorize it.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

Government officials sometimes met with local human rights NGOs but generally were not responsive to the views of NGOs they believed were politicized and unfairly critical of the government.

Domestic human rights groups operated with government restrictions, with some human rights activists imprisoned, exiled, or coerced into silence, according to reporting by international human rights organizations. Domestic human rights groups included the Bahrain Human Rights Society and Bahrain Human Rights Watch Society, the primary independent and licensed human rights organizations in the country; the BCHR, which although dissolved by the government in 2004 continued to operate and maintain an online presence; and the unlicensed Bahrain Youth Society for Human Rights. The unlicensed umbrella human rights organization Bahrain Human Rights Observatory also issued numerous reports and had strong ties to international human rights NGOs.

Domestic human rights groups faced significant difficulties operating freely and interacting with international human rights organizations. The government sometimes harassed and deprived local NGO leaders of due process. Local NGO leaders and activists also reported government harassment, including the imposition of travel bans (see section 2.c.), police surveillance, delayed processing of civil documents, and “inappropriate questioning” of their children during interviews for government scholarships.

Individuals affiliated with international human rights and labor organizations, or who were critical of the government, reported authorities indefinitely delayed or refused visa applications, or at times refused entry to the country for individuals who possessed a valid visa or qualified for the country’s visa-free entry program.

Government Human Rights Bodies: A 2016 amendment to a royal decree re-established the country’s National Human Rights Organization, now called the NIHR. The decree strengthened the NIHR by giving it the right to conduct unannounced visits to police facilities and increasing its financial independence. Throughout the year the NIHR conducted numerous human rights workshops, seminars, and training sessions, as well as prison visits, and referred numerous complaints to the PPO. It issued its latest annual report in March and contributed to PDRC, ombudsman, and SIU investigations.

The government also maintained the Ombudsman’s Office within the Ministry of Interior, the SIU within the PPO, and the PDRC. These organizations worked with each other throughout the year.

International human rights organizations questioned the independence and effectiveness of government-affiliated oversight institutions. Local and international observers and human rights organizations also continued to express concern the government had not fully implemented BICI recommendations, including dropping charges against individuals engaged in nonviolent political expression, criminally charging security officers accused of abuse or torture, integrating Shia citizens into security forces, and creating an environment conducive to national reconciliation.

Barbados

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

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

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

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

The constitution prohibits such practices, but there continued to be complaints against the police alleging assault, intimidation, and other unprofessional conduct. According to human rights activists, suspects occasionally accused police of beating them to obtain confessions, and suspects often recanted their confessions during trial. Suspects and their family members continued to allege coercion by police, but there was no evidence of systematic police abuse.

Prison and Detention Center Conditions

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

Administration: Two agencies–the Office of the Ombudsman and the Prison Advisory Board–are responsible for investigating credible allegations of mistreatment. The Prison Advisory Board conducted monthly visits.

Independent Monitoring: Authorities allowed human rights organizations access to monitor prison conditions.

d. Arbitrary Arrest or Detention

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

ROLE OF THE POLICE AND SECURITY APPARATUS

The Royal Barbados Police Force (RBPF) is responsible for internal law enforcement, including migration and border enforcement. The Barbados Defense Force (BDF) protects national security and may be called upon to maintain public order in times of crisis, emergency, or other specific needs. The RBPF reports to the attorney general, and the BDF reports to the minister of defense and security. The law provides that police may request BDF assistance with special joint patrols.

Civilian authorities maintained effective control over the RBPF and BDF, and the government has effective mechanisms to investigate and punish abuse. Any allegations of abuse by police were investigated and brought to the Police Complaints Authority, a civilian body in the Office of Professional Responsibility.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law authorizes police to arrest persons suspected of criminal activity; a warrant issued by a judge or justice of the peace based on evidence is typically required. Police procedure permits authorities to hold detainees without charge for up to five days, but once persons are charged, police must bring them before a court within 24 hours, or the next working day if the arrest occurred during the weekend. There was a functioning bail system. Criminal detainees received prompt access to counsel and were advised of that right immediately after arrest. Authorities generally permitted family members access to detainees.

Official procedures allow police to question suspects and other persons only at a police station, except when expressly permitted by a senior divisional officer to do otherwise. An officer must visit detainees at least once every three hours to inquire about their condition. After 24 hours the detaining authority must submit a written report to the deputy commissioner.

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The constitution provides for freedoms of peaceful assembly and association, and the government generally respected these rights.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

Domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials often were cooperative and responsive to their views.

Government Human Rights Bodies: The Ombudsman’s Office hears complaints against government ministries, departments, or other authorities for alleged injuries or injustices resulting from administrative conduct. The governor general appoints the ombudsman on the recommendation of the prime minister and in consultation with the opposition. Parliament must approve the appointment. The ombudsman submits annual reports to Parliament, which contain recommendations on changes to laws and descriptions of actions taken by the Ombudsman’s Office.

Belarus

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

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

During the year there were no reports that the government or its agents committed arbitrary or unlawful killings and no reports of deaths from torture.

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

The law prohibits such practices. Nevertheless, the Committee for State Security (KGB), riot police, and other security forces, often without identification and in plain clothes, beat detainees on occasion. Security forces also reportedly mistreated individuals during investigations. Police occasionally beat persons during arrests.

Human rights advocates, opposition leaders, and activists released from detention facilities reported maltreatment and other forms of physical and psychological abuse of suspects during criminal and administrative investigations.

There were numerous reports of hazing of conscripts into the army that included beatings and other forms of physical and psychological abuse. Some of those cases reportedly resulted in deaths. For example, in October 2017 a senior official from the Investigative Committee announced a criminal investigation into alleged hazing and violence that preceded the discovery of the body of a 21-year-old soldier, Aliaksandr Korzhych, in the basement of his military barracks near Barysau. On November 5, the Minsk regional court sentenced three former sergeants to nine, seven, and six years in prison respectively for driving Korzhych to suicide by abusing and maltreating him. Authorities also charged the three with theft, bribery, and abuse of power. The sergeants claimed at hearings that investigators pressured them into testifying against themselves and admitting to the charges.

Korzhych’s former commanders, Senior Lieutenant Paval Sukavenka and Chief Warrant Officer Artur Virbal, were tried separately for abuse of power and sentenced on October 19 to six and four years respectively.

At a press conference on February 14, Defense Minister Andrey Raukou committed to eradicating hazing and said the ministry had opened 48 criminal cases to investigate allegations of mistreatment and bullying in the armed forces. Accepting Korzhych’s case as his “personal fault,” Raukou said that the army registered three cases of suicide in 2017 and four cases in 2016. Raukou said that many of the conscripts involved in hazing had mental and psychological problems, histories of alcohol and drug abuse, criminal records, and lacked motivation to serve in the army.

On July 31, the Supreme Court reported that between January and June courts across the country convicted 28 officers on charges related to bullying, hazing, and abuse of power in the armed forces. Courts convicted 31 officers on similar charges in 2017. For example, on March 30, a district court in Barysau sentenced an army warrant officer to five years in jail for abusing his powers, taking bribes, and beating conscripts.

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 local activists and human rights lawyers, there were shortages of food, medicine, warm clothing, and bedding as well as inadequate access to basic or emergency medical care and clean drinking water. Ventilation of cells and overall sanitation were poor, and authorities failed to provide conditions necessary for maintaining proper personal hygiene. Prisoners frequently complained of malnutrition and low-quality uniforms and bedding. Some former political prisoners reported psychological abuse and sharing cells with violent criminals or prisoners with contagious diseases. The law permits family and friends to provide detainees with food and hygiene products and to send them parcels by mail, but authorities did not always allow this.

On November 15, the Minsk city court dismissed an appeal filed by Alena Doubovik and Maryna Doubina, who were detained for up to 14 days in March 2017 on charges related to unsanctioned demonstrations. The two activists complained that holding facilities in Minsk and Zhodzina did not have female personnel to search them and that the two were deprived of privacy, including for personal hygiene, and were always visible to male officers.

Overcrowding of pretrial holding facilities, and prisons generally, was a problem.

Although there were isolated reports 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. In general conditions for female and juvenile prisoners were slightly better than for male prisoners.

According to human rights NGOs and former prisoners, authorities routinely abused prisoners.

Credible sources maintained that prison administrators employed inmates to intimidate political prisoners and compel confessions. They also reported that authorities neither explained nor protected political prisoners’ legal rights and excessively penalized them for minor violations of prison rules.

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

Administration: As in the previous year, authorities claimed to have conducted annual or more frequent investigations and monitoring of prison and detention center conditions. Human rights groups, however, asserted that such inspections, when they did occur, lacked credibility in view of the absence of an ombudsperson and the inability of reliable independent human rights advocates to visit prisons or provide consultations to prisoners.

On March 15, prison authorities in Horki refused to allow independent observers to meet with Mikhail Zhamchuzhny, cofounder of the prison monitoring NGO Platforma. According to human rights groups, Zhamchuzhny, who was serving a six and a half year sentence on charges of deliberately disclosing classified information and offering a bribe, was subject to mistreatment and inhuman prison conditions, including beatings by a fellow inmate. Human rights groups claimed that prison authorities continued to isolate Zhamchuzhny to punish him for allegedly violating prison regulations. The courts repeatedly dismissed Zhamchuzhny’s complaints of mistreatment.

Prisoners and detainees had limited access to visitors, and denial of meetings with families was a common punishment for disciplinary violations. Authorities often denied or delayed political prisoners’ meetings with family as a means of pressure and intimidation.

Although the law provides for freedom of religion, and there were no reports of egregious infringements, authorities generally prevented prisoners from holding religious services and performing ceremonies that did not comply with prison regulations.

Former prisoners 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.

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

Independent Monitoring: Despite numerous requests to the Ministries of Internal Affairs and Justice, government officials refused to meet with human rights advocates or approve requests from NGOs to visit detention and prison facilities.

d. Arbitrary Arrest or Detention

The law limits arbitrary detention, but the government did not respect these limits. Authorities arrested or detained individuals for political reasons and used administrative measures to detain political activists before, during, and after protests and other major public events.

ROLE OF THE POLICE AND SECURITY APPARATUS

The Ministry of Internal Affairs exercises authority over police, but other bodies outside of its control, for example, the KGB, the Financial Investigations Department of the State Control Committee, the Investigation Committee, and presidential security services exercise police functions. The president has the authority to subordinate all security bodies to his personal command and he maintained effective control over security forces. Impunity among law enforcement personnel remained a serious problem. Individuals have the right to report police abuse to a prosecutor, although the government often did not investigate reported abuses or hold perpetrators accountable.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

By law police must request permission from a prosecutor to detain a person for more than three hours, but police usually ignored this procedure and routinely detained and arrested individuals without warrants. Authorities may hold a criminal suspect for up to 10 days without filing formal charges and for up to 18 months after filing charges. By law, prosecutors, investigators, and security service agencies have the 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 frequently suppressed or ignored such appeals. The country has no functioning bail system.

Arbitrary Arrest: Authorities detained opposition and civil society activists for reasons widely considered politically motivated. In isolated cases authorities used administrative measures to detain political activists before, during, and after planned demonstrations and protests, as well as other public events.

On March 21, police arrested former presidential candidate and opposition activist Uladzimir Nyaklyaeu, European Belarus activist Maksim Vinyarski, and opposition activist Vyachyaslau Siuchyk. The three supported former presidential candidate and opposition activist Mikalai Statkevich in his plans to lead an unauthorized march in central Minsk to mark the 100th anniversary of the Belarusian People’s Republic (BPR) on March 25. Authorities sentenced Vinyarski to 10 days of administrative detention for posting an opposition banner in central Minsk in March. Siuchyk was transported to a holding facility to serve five days in jail for participating in a September 2017 protest against the joint Russia-Belarus military exercise ZAPAD. Nyaklyaeu was also placed in a holding facility to serve 10 days for calling in an interview for persons to participate in unauthorized demonstrations in November 2017.

Despite wearing blue vests and badges, which marked them as “observers,” police detained the group of observers on March 25 while they were monitoring a protest in central Minsk. The observers complained police refused to provide them with access to their defense lawyers, kept them outside against the wall of the precinct building without food and water, and failed to ensure access to personal hygiene for up to eight hours before charging them with participating in an unauthorized demonstration and resisting police. On April 13, investigators questioned human rights group Vyasna’s observer Tatsyana Mastykina after she filed a complaint. Authorities dismissed the complaint and dropped all charges against the observers.

Pretrial Detention: Authorities may hold a criminal suspect for up to 10 days without filing formal charges. Prior to being charged, the law provides detainees with no access to their families or to outside food and medical supplies, both of which are vital in view of the poor conditions in detention facilities. Police routinely held persons for the full 10-day period before charging them.

Police often detained individuals for several hours, ostensibly to confirm their identity; fingerprinted them; and then released them without charge. Police and security forces frequently used this tactic to detain members of the democratic opposition and demonstrators, to prevent the distribution of leaflets and newspapers, or to break up civil society meetings and events.

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 frequently suppressed or ignored such appeals. By law courts 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. Prosecutors, suspects, and defense lawyers may appeal lower court decisions to higher courts within 24 hours of the ruling. Higher courts have three days to rule on appeals, and their rulings may not be challenged. Further appeals may be filed only when investigators extend the period of detention.

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The constitution provides for freedom of peaceful assembly; however, the government severely restricted this right. Authorities employed a variety of means to discourage demonstrations, disperse them, minimize their effect, and punish the participants. The law provides for freedom of association, but the government restricted it and selectively enforced laws and registration regulations to restrict the operation of independent associations that might criticize the government.

FREEDOM OF PEACEFUL ASSEMBLY

Only registered political parties, trade unions, and NGOs could request permission to hold a demonstration of more than 1,000 persons. Authorities usually denied requests by independent and opposition groups as well as those of self-organized citizens’ groups in various communities around the country. A general atmosphere of repression and the threat of imprisonment or large fines exercised a chilling effect on potential protest organizers.

The law criminalizes the announcement of an intention to hold demonstrations via the internet or social media before official approval, participation in the activities of unregistered NGOs, training of persons to demonstrate, financing of public demonstrations, or solicitation of foreign assistance “to the detriment” of the country. Violations are punishable by up to three years’ imprisonment. Persons with unexpunged criminal records for crimes related to violating peace and order, statehood and governance, public security, safety, and public morals did not have the right to act as mass event organizers. Such organizers must apply at least 15 days in advance for permission to conduct a public demonstration, rally, or meeting, and government officials are required to respond no later than five days prior to the scheduled event. Authorities, however, generally granted permits for opposition demonstrations only if held at designated venues far from city centers. The amended law allowed organizers to notify authorities of a mass event planned at a designated location no later than 10 days before the date of the event. Authorities should inform organizers of denial no later than five days before the event. By law denials can be issued for one of two reasons: the event conflicted with one organized by a different individual or group or the notification did not comply with regulations.

Authorities used intimidation and threats to discourage persons from participating in demonstrations, openly videotaped participants, and imposed heavy fines or jail sentences on participants in unauthorized demonstrations. In addition authorities required organizers to conclude contracts with police, fire department, health, and sanitary authorities for their services after a mass event. Authorities waived some of these requirements for the March 25 celebration of the 100th anniversary of the Belarusian People’s Republic (BPR). All media representatives had to be clearly identified and carry an official media ID or foreign media accreditation. They have to provide their personal ID and press documents to law enforcement upon request.

On March 27, President Lukashenka told Interior Minister Ihar Shunevich that the Ministry should be ready to “immediately suppress” any unauthorized events which “impede people’s lives” because “chaos stems from them [unauthorized protests].” Shunevich responded that “not a single event, which is not sanctioned by authorities, will take place, and even if it starts it will be immediately stopped in an effective manner and in compliance with the law.”

During the year local authorities countrywide rejected dozens of applications for permission to stage various demonstrations.

While Minsk city authorities cooperated with opposition groups to stage a rally and concert on the 100 anniversary of the Belarusian People’s Republic in front of the Opera House on March 25, they denied two other applications to hold marches the same day. Organizers of the concert had sought to walk from a nearby park to the concert location before the concert. A second application was filed by opposition activist Mikalai Statkevich and his supporters to march from the central Yakub Kolas square via the main avenue to the concert location. When Statkevich decided to go ahead with his plan without permission, police arrested him as he was leaving his home. Police also arrested approximately 60 individuals gathered at Yakub Kolas square.

In addition, authorities in Mahilyou and Homyel denied local activists’ permission to hold rallies in city centers on March 25. They alleged that the venues were not designated for mass events or had been already booked for other events.

Across the country in at least 11 different localities, approximately 57 individuals were briefly detained, apparently in order to prevent their participation in March 25 events in Minsk.

On July 3, celebrated as the Belarusian Independence Day, police dispersed an unauthorized protest and detained approximately 30 individuals, including Mikalai Statkevich, in front of a WWII monument to Soviet soldiers in central Minsk. Statkevich called upon his associates to hold a rally to mark the “liberation [of Minsk from the Nazis on July 3, 1944] and solidarity.” Statkevich was arrested as he was leaving his house on his way to the site on July 3. Police detained approximately 30 activists at the site, including five observers from the human rights group Vyasna, transported them to a local precinct, and released the majority later in the day. Statkevich and at least three other activists remained in detention overnight and stood trial on July 4. A Minsk district court sentenced Statkevich to a fine of 980 rubles ($490) for making calls to participate in an unauthorized protest on July 3.

From June through October, authorities fined, detained, or arrested more than 20 protesters at the site of the Stalinist-era execution site Kurapaty. The protesters opposed the building and operation of a restaurant in close vicinity to the site. While police repeatedly fined the majority of activists for purportedly violating traffic regulations and participating in unauthorized demonstrations, a number of protesters, including Belarusian Christian Democracy (BCD) party cochair Paval Sevyarynets, European Belarus campaign activist Maksim Vinyarski, and filmmaker Alyaksei Tourovich were sentenced to up to 10 days of administrative detention.

FREEDOM OF ASSOCIATION

All NGOs, political parties, and trade unions must receive Ministry of Justice approval to become registered. A government commission reviews and approves all registration applications; it based its decisions largely on political and ideological compatibility with official views and practices.

Actual registration procedures required applicants to provide the number and names of founders, along with a physical address in a nonresidential building for an office, an extraordinary burden in view of the tight financial straits of most NGOs and individual property owners’ fears of renting space to independent groups. Individuals listed as members were vulnerable to reprisal. The government’s refusal to rent office space to unregistered organizations and the expense of renting private space reportedly forced most organizations to use residential addresses, which authorities could then use as a reason to deny registration or to deregister them. The law criminalizes activities conducted on behalf of unregistered groups and subjects group members to penalties ranging from large fines to two years’ imprisonment (also see section 7.a.).

The law on public associations prohibits NGOs from keeping funds for local activities at foreign financial institutions. The law also prohibits NGOs from facilitating provision of any support or benefits from foreign states to civil servants based on their political or religious views or ethnicity, a provision widely believed to be aimed at the Polish minority.

Only registered NGOs may legally accept foreign grants and technical aid and only for a limited set of approved activities. NGOs must receive approval from the Department for Humanitarian Affairs of the Presidential Administration and the Ministry of the Economy for technical aid before they may accept such funds or register the grants.

The government continued to deny registration to some NGOs and political parties on a variety of pretexts, including “technical” problems with applications. Authorities frequently harassed and intimidated founding members of organizations in an effort to force them to abandon their membership and thus deprive their groups of the number of petitioners necessary for registration. Many groups had been denied registration on multiple occasions.

On March 21, Minsk city authorities registered an educational NGO called “Out Loud.” This was the group’s ninth registration application under its previous name, “Make Out,” which the government requested it change before granting registration. The NGO focused on advancing the human rights of lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons and countering discrimination and violence against them.

On April 6, the BCD reported that the Ministry of Justice denied its seventh registration application. The ministry said the BCD had failed to include phone numbers of some of its members and had incorrectly listed the birth dates of two party founders in its application documents. The party submitted the application on January 22, and the ministry decided to suspend the registration process and seek additional documents on February 23. The Supreme Court upheld the ministry’s denial on May 25.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

There were a number of active domestic human rights NGOs, although authorities were often hostile to their efforts, restricted their activities, selectively cooperated with them, and were not responsive to their views.

Two prominent human rights NGOs–the BHC and the Center for Legal Transformations–operated as registered entities. The government refused to register a number of others, placing them at risk under the criminal code that criminalizes organizing or participating in any activity by an unregistered organization. The law also prohibits persons from acting on behalf of unregistered NGOs. Nonetheless, some unregistered NGOs, including Vyasna and Legal Assistance to the Population, continued to operate.

Authorities harassed both registered and unregistered human rights organizations. They subjected them to frequent inspections and threats of deregistration, reportedly monitored their correspondence and telephone conversations, and harassed family members of group leaders and activists. The government ignored reports issued by human rights NGOs and only met with registered groups. State-run media rarely reported on human rights NGOs and their activities.

During the year the BHC’s bank accounts remained blocked due to long-standing tax arrears related to foreign funding in the early 2000s, but the government allowed the committee to operate without other interference.

Authorities were reluctant to engage on human rights problems with international human rights NGOs or other human rights officials, and international NGO representatives often had difficulty gaining admission to the country. Authorities routinely ignored local and international groups’ recommendations on improving human rights in the country and requests to stop harassing the human rights community.

Authorities may close an NGO after issuing only one warning that it violated the law. The most common pretexts prompting a warning or closure were failure to obtain a legal address and technical discrepancies in application documents. The law allows authorities to close an NGO for accepting what it considered illegal forms of foreign assistance and permits the Ministry of Justice to monitor any NGO activity and to review all NGO documents. NGOs also must submit detailed reports annually to the ministry regarding their activities, office locations, officers, and total number of members.

The United Nations or Other International Bodies: On September 28, the UN Human Rights Council appointed Anais Marin as the new Special Rapporteur on Belarus. On October 1, Belarusian MFA Spokesperson Anatoli Hlaz stated that the government continued to speak against “the politicized” mandate of the rapporteur and did not recognize it. The previous rapporteur, Miklos Haraszti, whose mandate expired on October 31, published his final report at the 73rd session of the UNGA’s Third Committee on October 24, noting that the human rights record in Belarus had not improved in his six-year tenure. In a response, a Belarusian diplomat, Counsellor Ina Vasileuskaya, called the report and Haraszti’s speech “a farce.”

Government Human Rights Bodies: The government took minor steps to implement the Human Rights Action Plan adopted in 2016 to outline, in the government’s words, “main activities for us to implement our international obligations” on human rights. In addition to holding various conferences and seminars jointly with UN organizations, the government ratified the Convention on the Rights of Persons with Disabilities in 2016. While independent human rights groups, including the human rights center Vyasna and the BHC, welcomed the plan’s adoption, they also noted that the documents lack specific target goals or results assessment mechanisms. Civil society groups noted that the government failed to include any of the concrete suggestions they recommended during drafting that they believed would have made the plan more substantial.

A standing commission on human rights in the lower chamber of parliament was ineffective.

Bolivia

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

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

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

During May 24 protests to increase the university budget, Bolivian National Police Second Lieutenant Cristian Casanova Condori shot and killed Jonathan Quispe, a student at the Public University of El Alto. After initially denying government responsibility for the shooting and blaming protesters, Minister of Government Carlos Romero eventually acknowledged police culpability, stating the officer acted autonomously to modify his shotgun and introduced a marble as a projectile in the weapon. On June 1, Casanova Condori was dismissed from his police duties and detained under preventive detention. Many observers doubted the officer acted on his own accord.

In May the prosecution formally accused 16 miners and a lawyer of the 2016 murder of then vice minister of the interior Rodolfo Illanes, who was tortured and killed after an incident in which police killed four miners during a protest. In addition, two police chiefs were placed under house arrest after formal charges were brought against them for the deaths of the four miners. As of October neither case had a final sentence.

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

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

An antitorture nongovernmental organization (NGO) noted that 20 cases of state torture were reported to them from January to November. NGOs charged that the Ministry of Justice’s Service to Prevent Torture failed to consistently denounce torture by police and military, where it occurred most frequently. NGO reports indicated police investigations relied heavily on torture to try 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 sensory deprivation, use of improvised tear gas chambers, and the use of tasers, asphyxiation, verbal abuse, and threats of violence.

An NGO that works with prisoners reported that in August prison guards handcuffed five prisoners together, locked them in a small room without ventilation, and sprayed the room with teargas and pepper spray for hours. The NGO reported that weeks after the incident, the prisoners’ eyes remained burned and that they suffered from chronic respiratory pain.

On September 17, Jorge Paz, the representative of the ombudsman in Santa Cruz, stated he had witnessed torture in the prison system.

As of September the case continued regarding a La Paz municipal guard accused of sexually assaulting two trafficking victims ages 11 and 17 in 2017. Also pending was the 2017 case regarding allegations that police officers employed torture as an “investigation technique” against a rape suspect to extract his confession.

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.

There were no reported developments in the investigation regarding the suspected hazing of a 17-year-old soldier in training in the city of La Paz in 2017.

A study released in March 2017 by the human rights ombudsman found that police officials sometimes abused sex workers. The study noted the rights of the sex workers were easy to violate because no specific law protects them, even though prostitution is legal.

Prison and Detention Center Conditions

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

Physical Conditions: The prison population was more than three times the capacity. According to the Ministry of Justice, as of June 19, there were 18,195 prisoners in facilities designed to hold 5,000 persons. For example, built to accommodate 70 individuals, Montero Prison held 430, including 33 women. The 430 inmates shared three bathrooms. Approximately 80 detainees slept in rotating six-hour shifts in the open-air “patio” portion of the facility. Men and women shared sleeping quarters in some facilities.

Approximately 70 percent of all prisoners were being held in pretrial (preventive) detention. In Montero Prison, 85 percent of the detainees had yet to be tried. In addition, many prisoners remained incarcerated beyond the maximum sentence allowed for the crime for which they had been convicted.

Women’s prisons operated in La Paz (two), Trinidad, and Cochabamba. 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 comingled daily. Female inmates experienced sexual harassment and assault on a regular basis, mostly by other incarcerated persons, and some were forced to pay antirape extortion fees. While observers noted that violence against women reportedly was rampant, they reported a culture of silence that suppressed reporting of gender-based violence for fear of reprisal.

Although the law permits children up to the age of 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. According to the government, approximately 550 children were living in prison with their mothers; an independent news source indicated at least 1,000 children were living with one or both of their parents in prison. In May Deputy Minister of the Interior Jose Luis Quiroga announced that minors six years and under would be allowed only in women’s prisons. Due to repeated incidents of sexual violence, Quiroga stated minors were no longer allowed to live in male detention centers.

The law sets the juvenile detention age from 16 to 14 and requires juvenile offenders be housed in facilities separate from the general prison population in order to facilitate rehabilitation. Children younger than age 14 years 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 remained scarce.

Violence was ubiquitous due to inadequate internal security. Abuses perpetrated by penitentiary officials included systematic intimidation, psychological mistreatment, extortion, torture, and threats of death. There were reports of rape and sexual assault by authorities and other inmates. Corruption exacerbated these problems and hindered their exposure and resolution. Prisoner-on-prisoner violence was endemic. On March 14, police shot and killed eight persons during an operation to regain control of Palmasola Prison in Santa Cruz. According to media reports, police were conducting a search for contraband in the prison when prisoners began shooting at the police officers. Police responded with firearms, killing eight inmates during the confrontation.

The state budget allocated only eight bolivianos ($1.17) per day per prisoner for meals. The ability to exercise varied greatly depending on the security situation in the prison. According to some contacts, prisoners may be arbitrarily confined to their cells for a long period of time or placed in solitary confinement by guards without explanation. Prisoners with independent means could purchase a transfer to the rehabilitation center, a newly built detention facility with better living conditions. One doctor attended to prisoners in each prison twice a month. Although medical services were free, prisons rarely had medications on hand. Skin disease 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 wealth often determined his or her 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 were 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.

On August 16, the director general of the penitentiary system, Jorge Lopez, announced that 36 prison security personnel were being prosecuted for acts of corruption. Independent media reported corruption complaints against police for collections inside were common. Prison inmates stated guards extorted money for the entry of goods.

Administration: Authorities generally did not conduct proper 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 prison visits by independent nongovernmental observers such as the International Committee of the Red Cross, local NGOs, judges, religious authorities, legislators, and media.

d. Arbitrary Arrest or Detention

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

The government sometimes used the judicial system for political purposes, taking legal action against several opposition members and critics of the government. For example, the government threatened charges against former president Carlos Mesa (2003-05) of “damage to the state” for the loss of $42.6 million related to the arbitration won by the Chilean mining company Quiborax. During Mesa’s term as president, the government initiated the process of rescinding the mining concession with Quiborax. Mesa was accused of beginning the process improperly in 2004. The Quiborax case was still open during Evo Morales’ first term in office. During that time Quiborax representatives offered a settlement of three million dollars. In 2016 Quiborax again offered to settle the case, this time for $27 million. The government rejected both offers, which led to prolonged international arbitration and ultimately a $42.6 million dollar judgement against Bolivia. On July 26, the vice president announced that charges against Mesa would not proceed during the year but left open the possibility they would be renewed thereafter.

Criminal proceedings remained pending against various former government officials, which the Attorney General’s Office began in 2016. Media reported 40 open cases targeting the mayor of La Paz, Luis Revilla; 30 against Ernesto Suarez, the former prefect of Beni; and multiple cases against the governor of Santa Cruz, Ruben Costas; the governor of La Paz, Feliz Patzi; the mayor of El Alto, Soledad Chapeton; former presidents Jorge Tuto Quiroga and Carlos Mesa; the mayor of Tarija, Rodrigo Paz; and the leader of the National Unity opposition party, Samuel Doria Medina. In addition, on January 29, the government opened an investigation of the mayor of El Alto, Soledad Chapeton, for mishandling municipal land that was transferred to the private sector by the then mayor of El Alto in 1990. Although Chapeton was 10 years old at the time the land transfer occurred, her supposed transgression was the failure to recuperate the land from the private owner.

ROLE OF THE POLICE AND SECURITY APPARATUS

The national police, under the Ministry of Government’s authority, have primary responsibility for law enforcement and the maintenance of order within the country, but military forces that report to the Ministry of Defense may be called to help in critical situations. Migration officials report to the Ministry of Government, and police and military share responsibilities for border enforcement.

The law to investigate and punish internal police abuse and corruption remained suspended and unenforced as a result of national police strikes in 2012, when the government agreed to revise it. There was no progress in negotiations between the Ministry of Government and the National Police Association on this problem. Congress did not act on the Constitutional Court’s 2012 ruling to adjust the military criminal code and the military code of criminal procedure to stipulate that human rights violations be judged by the ordinary justice system, in compliance with the constitution. Inconsistent application of the laws and a dysfunctional judiciary further exacerbated the impunity of security forces in committing abuses.

As of September there were no developments in the case of five female police officers in the city of Potosi who filed a formal complaint in March 2017 of “psychological abuse and extreme work pressure.”

ARREST PROCEDURES AND TREATMENT OF DETAINEES

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 August 28, following the shooting death of police lieutenant Daynor Sandoval during a skirmish with coca growers, police arrested Franclin Gutierrez, a coca grower leader in the Yungas region of the department of La Paz opposed to the government, and placed him in preventive detention. The Prosecutor’s Office charged Gutierrez with five crimes–murder, attempted murder, attacks against public services, attacks against transportation services, and unlawful possession of arms–although numerous observers argued there was little evidence to support those charges. As of November the case against Gutierrez was pending.

Pretrial Detention: The law affords judges the authority to order pretrial detention if there is a high probability that 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 cannot 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, denial of justice due to 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. According to the Ministry of Justice, approximately 70 percent of persons accused of a crime were being held under preventive detention. Some NGOs estimated 85 percent were in preventive detention.

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

Although the constitution provides for the freedoms of peaceful assembly and association, civil society groups, especially, but not limited to, those critical of the government, faced harassment from government officials.

FREEDOM OF PEACEFUL ASSEMBLY

While the law requires a permit for most demonstrations, the government rarely enforced the provisions, and most protesters demonstrated without obtaining permits. Most demonstrations were peaceful, but occasionally demonstrators carried weapons, including clubs, machetes, firearms, firecrackers, and dynamite. Security forces at times dispersed protest groups carrying weapons or threatening government and private facilities.

There were several demonstrations during the year defending the “21F” movement, which opposed Morales’ candidacy for president and rejected the constitutional change that ended presidential term limits. On May 29, during the South American Games in Cochabamba, a group of 21F supporters began shouting “Bolivia said no” and wore T-shirts with “21F” printed on the front. Police asked the protesters to cover their 21F shirts. After the incident the police subcommander, General Agustin Moreno, warned he would not allow 21F demonstrations during patriotic celebrations on the country’s national day in Potosi on August 6. In Potosi on August 6, police did not permit access to public space for those critical of the government. In September police in Santa Cruz and Cochabamba did not allow 21F supporters access to the main plaza and other public spaces.

On July 21, a small group of persons arrived at the Plaza Murillo in La Paz with 21F T-shirts. Within minutes a police contingent pushed the protesters out of the plaza and ended the protest.

According to the NGO UNIR Bolivia Foundation, on average there were approximately three different types of protests per day throughout the country between January and March. These demonstrations, radical protest actions, and confrontations with police resulted in one person dead and more than 100 injured.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association, but the government did not consistently respect this right. NGOs continued to be targets of government officials, including the president, vice president, and government ministers, if they operated in a manner perceived as adversarial to the government. Some NGOs alleged government registration mechanisms were purposefully stringent in order to deter an active civil society.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

A number of domestic and international human rights groups operated in the country, investigating and publishing their findings on human rights cases. NGOs and human rights groups working on problems deemed sensitive by the government were subject to verbal attacks and criticism by the president, vice president, and government ministers.

Government Human Rights Bodies: The constitution establishes a human rights ombudsman subject to confirmation by both houses of the Legislative Assembly to serve a six-year term. The ombudsman is charged with overseeing the defense and promotion of human rights, specifically defending citizens against government abuses. The constitution also affords the ombudsman the right to propose new legislation and recommend modifications to existing laws and government policies. The ombudsman operated with adequate resources. Civil society groups and several political figures contended the ombudsman lacked independence from the central government, in part because the MAS supermajority in congress allowed for his confirmation without meaningful debate.

Both houses of congress have human rights committees that propose laws and policies to promote and protect human rights. Congressional deputies and senators sit on the committees for one-year terms.

Cameroon

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

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were several reports that the government or its agents committed arbitrary and unlawful killings through excessive use of force in the execution of official duties.

In July, Human Rights Watch reported that, during government operations in 12 villages in the Northwest and Southwest Regions between January and April, government security forces shot and killed more than a dozen civilians, including at least seven persons with intellectual or developmental disabilities who had difficulty fleeing.  On May 25, in Menka-Pinyin, Santa Subdivision of the Northwest Region, elements of the Gendarmerie, the 51st Motorized Infantry Brigade, and the Special Operations Group of the National Police carried out a raid on a location believed to harbor Anglophone activists, killing 27 persons, according to official sources.  Security forces battling Anglophone secessionists in the Northwest and Southwest Regions allegedly killed two clerics.  Anglophone separatists attacked and killed several dozen civilians considered loyal to the central government and members of defense and security forces in these two regions.  According to the government’s Emergency Humanitarian Assistance Plan, as of June 11, the death toll attributed to separatists within defense and security forces was 84, including 32 members of defense forces, 42 gendarmes, seven policemen, two prison guards, and one Eco-guard, some of whom were mutilated or decapitated and their bodies exhibited on social media.  Civilian victims included the following:  the chief of Esukutan in Toko Subdivision of the Southwest Region, murdered on February 5; the divisional officer for Batibo in the

Northwest, abducted on February 11 and subsequently killed; and Ashu Thomas Nkongho, discipline master of the government bilingual high school in Kossala, Meme Division of the Southwest Region, killed on school premises on April 25.  Unidentified gunmen killed a local chief in a church and a priest, supposedly because of their alleged opposition to secession by the Northwest and Southwest Regions.

Boko Haram and ISIS-West Africa (ISIS-WA) continued killing civilians, including members of vigilance committees, which were organized groups of local residents cooperating with government forces in the fight against Boko Haram, and members of defense and security forces in the Far North Region.  According to the L’Oeil du Sahel newspaper, as of June 30, at least 153 civilians and 12 members of defense and security forces had been killed in the attacks.

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

Although the constitution and law prohibit such practices, there were reports that security force members beat, harassed, or otherwise abused citizens, including separatist fighters.  Amnesty International and Human Rights Watch documented several cases in which security forces severely mistreated suspected separatists and detainees.

Amnesty International reported in July 2017 on the cases of 101 individuals whom security forces allegedly tortured between March 2013 and March 2017 in detention facilities run by the Rapid Intervention Battalion (BIR) and the General Directorate of Counter Intelligence (DGRE).  While most of the cases documented involved persons arrested in 2014 and 2015 and allegedly tortured between 2014 and 2016, Amnesty International asserted that the practice continued into 2017.  It stated that torture took place at 20 sites, including four military bases, two intelligence centers, a private residence, and a school.  Specific sites named in the report included the BIR bases in Salak, Kousseri, and Kolofata in the Far North Region, and DGRE facilities in Yaounde.  As of October the government had not shared results of its internal investigations but claimed it had investigated some, if not all, of the allegations.

Human Rights Watch documented the case of 22-year-old Fredoline Afoni, a thirdyear student at the Technical University of Bambili whom security forces beat to death on January 29.  Witnesses told Human Rights Watch that Fredoline was home near Kumbo in the Northwest Region when he received a telephone call requesting that he pick up luggage at a nearby junction.  Once at the location, persons dressed in civilian clothes forcefully took him away by truck.  A truck belonging to the gendarmerie subsequently drove through the same junction with Fredoline sitting in the back, naked and handcuffed, with signs of having been badly beaten.  Individuals reportedly appeared at a relative’s home and collected Fredoline’s laptop and cell phone.  Fredoline’s uncle subsequently discovered that he was in gendarmerie custody.  The uncle reportedly told Human Rights Watch that he discovered the victim’s naked and decaying corpse outside the local mortuary three days later.  After a postmortem examination, the medical professional who examined the body told Human Rights Watch that Fredoline died as a result of his beatings.

Social media diffused a video in June showing security force members at the

Cameroon Protestant College of Bali in the Northwest Region forcing two girls to crawl through the mud while referring to them as Ambazonian spies.  Media reports indicated that the gendarmes were arrested and placed in detention and were awaiting trial by the military tribunal, but there was no further information on the case.

Press reporting indicated there were cases of rape and sexual abuse by persons associated with the government and separatists in Anglophone regions.  For example, there were credible reports that on July 3, during security operations in Bamenda, Northwest Region, first-class soldier Mbita Arthur allegedly raped a female victim he called aside for a routine national identity check.  The soldier was arrested, although there was no further information on the case.

During the year the United Nations reported that it received five allegations of sexual exploitation and abuse against peacekeepers from Cameroon deployed in the UN Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA).  Three cases alleged sexual exploitation (exploitative relationship, transactional sex), and three cases sexual abuse (rape), one of which involved minors.  Several allegations each referred to more than one alleged perpetrator, more than one victim, or both.  Investigations both by the United Nations and the government were pending.  Interim action by the United Nations was taken in one case.  Nine allegations reported previously were pending.

Prison and Detention Center Conditions

Prison conditions were harsh and life threatening.

Physical Conditions:  Overcrowding remained a significant problem in most prisons, especially in major urban centers.  Officials held prisoners in dilapidated, colonial-era prisons, where the number of inmates was as much as five times the intended capacity.  Prisons generally had separate wards for men, women, and children.  Authorities often held detainees in pretrial detention and convicted prisoners together.  In many prisons toilets were nothing more than common pits.  In some cases women benefitted from better living conditions, including improved toilet facilities and less crowded living quarters.  Authorities claimed to hold sick persons separately from the general prison population, but this was often not the case.

According to prison administration officials, the country had 79 operational prisons, with an intended capacity of 17,915 but which held close to 30,000 inmates as of June.  For example, the central prison in Ngaoundere, Adamawa Region, was initially designed to accommodate 150 inmates.  Successive expansions raised the capacity to 500 inmates.  As of June 19, the prison held 1,600 inmates, more than two-thirds of whom had not been convicted of any crime.  A third of the inmates were awaiting trial, hearings had begun for another third, and one-third had been convicted.

The quality of food, access to potable water, sanitation, heating, ventilation, lighting, and medical care were inadequate.  As a result illness was widespread.  Malnutrition, tuberculosis, bronchitis, malaria, hepatitis, scabies, and numerous other untreated conditions, including infections, parasites, dehydration, and diarrhea, were rampant.  The number of deaths associated with detention conditions or actions of staff members or other authorities was unknown.

Physical abuse by prison guards and prisoner-on-prisoner violence were problems.  Corruption among prison personnel was reportedly widespread.  Visitors were at times forced to bribe wardens to be granted access to inmates.  Prisoners bribed wardens for special favors or treatment, including temporary freedom, cell phones, beds, and transfers to less crowded areas of the prisons.  Due to their inability to pay fines, some prisoners remained incarcerated after completing their sentences or after they had received court orders of release.

Administration:  Independent authorities often investigated credible allegations of mistreatment.  Visitors needed formal authorization from the state counsel; without authorization, they had to bribe prison staff to communicate with inmates.  In addition visits to Boko Haram suspects were highly restricted.  Some detainees were held far from their families, reducing the possibility of visits.  Authorities allowed prisoners and detainees to observe their religions without interference.

As in 2017, authorities allowed NGOs to conduct formal education and other literacy programs in prisons.  At the principal prison in Edea, Littoral Region, the NGO Christian Action for the Abolition of Torture sponsored a Literacy and Social Reintegration Center that provided primary and lower secondary education to inmates.  Because of the sociopolitical unrest in the Southwest Region, Human IS Right, a Buea-based civil society organization, and the NGO Operation Total Impact discontinued their formal education and reformation education program in the principal prisons in Buea and Kumba.  The central prison in Garoua, North Region, continued to run a full-cycle primary school.

Independent Monitoring:  Unlike in the previous year, the government restricted international humanitarian organizations’ access to prisoners in official prisons.

For example, as of June authorities had not allowed the ICRC access to its target prisons and detention centers.  On July 3, however, the ICRC was able to visit the 47 Anglophone separatists repatriated from Nigeria, and some of the detainees delivered messages through the organization to their families.  The National Commission on Human Rights and Freedoms (NCHRF) and the Commissions for Justice and Peace of the Catholic archdioceses also conducted prison visits but were denied access to some detention centers.  In January NCHRF members visited prisons in Monatele in the Center Region; Bertoua, Doume, and AbongMbang in the East Region; and Maroua in the Far North Region.  The NCHRF reported that it did not have access to some prisons in Yaounde, including those hosting the 47 suspected separatists repatriated from Nigeria.  The NCHRF also alleged authorities did not grant access to a victim who was shot and admitted at the Yaounde Emergency Center.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention and provide the right to challenge the lawfulness in court of an arrest or detention.  The law states that, except in the case of an individual discovered in the act of committing a felony or misdemeanor, the officials making the arrest shall disclose their identity and inform the person arrested of the reason.  The law also provides that persons arrested on a warrant shall be brought immediately before the examining magistrate or the president of the trial court who issued the warrant, and that the accused persons shall be given reasonable access to contact their family, obtain legal advice, and arrange for their defense.  The law provides that any person who has been illegally detained by the police, the state counsel, or the examining magistrate may receive compensation.  On several occasions the government did not respect these provisions.

ROLE OF THE POLICE AND SECURITY APPARATUS

The national police, DGRE, Ministry of Defense, Ministry of Territorial Administration, and, to a lesser extent, presidential guard are responsible for internal security.  The Ministry of Defense–which includes the gendarmerie, army, and the army’s military security unit–reports to the Office of the Presidency, resulting in strong presidential control of security forces.  The army is responsible for external security, while the national police and gendarmerie have primary responsibility for law enforcement.  Historically the gendarmerie has responsibility in rural areas.  Increasingly in the Anglophone regions, responsibility for security in the rural areas is left to another security force, the BIR.  The BIR falls outside the purview of conventional forces.  The national police–which includes public security, judicial, territorial security, and frontier police–reports to the General Delegation of National Security (DGSN), which is under the direct authority of the presidency.  The government took some steps to hold police accountable for abuses of power.  Police remained ineffective, poorly trained, and corrupt.  Impunity continued to be a problem.

Civilian authorities maintained some control over the police and gendarmerie, and the government had some mechanisms in place to investigate and punish abuse and corruption.  The DGSN and gendarmerie investigated reports of abuse and forwarded cases to the courts.  Lesser sanctions were handled internally.  The DGSN, Ministry of Defense, and Ministry of Justice stated that members of security forces were sanctioned during the year for committing abuses, but few details were known about investigations or any subsequent accountability.

The national gendarmerie and the army have special offices to investigate abuse.  The secretary of state for defense and the minister delegate at the presidency are in charge of prosecuting abusers.  The minister delegate of defense refers cases involving aggravated theft, criminal complicity, murder, and other major offenses to the military courts for trial.

In March authorities opened an investigation into the case of taxi driver Jean Nga Mvondo, who died a few hours after the Ngousso gendarmerie brigade in Yaounde released him from detention.  Pending the outcome of the investigation, on March 23, the secretary of state in charge of the National Gendarmerie (SED) relieved the brigade commander of his duties.

As reported above, on July 24, the minister delegate for defense announced that the gendarmerie in Bamenda, Northwest Region, arrested first class soldier Mbita Arthur and referred him to the office of the Bamenda military court prosecutor.  The minister also promised to take disciplinary action against the soldier in accordance with the law.  Mbita Arthur allegedly raped a female victim on July 23.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law requires police to obtain a warrant before making an arrest, except when a person is caught in the act of committing a crime, but police often did not respect this requirement.  The law provides that detainees be brought promptly before a magistrate, although this often did not occur.  Police may legally detain a person in connection with a common crime for up to 48 hours, renewable once.  This period may, with the written approval of the state counsel, be exceptionally extended twice before charges are brought.  Nevertheless, police and gendarmes reportedly often exceeded these detention periods.  The law also permits detention without charge for renewable periods of 15 days by administrative authorities such as governors and civilian government officials serving in territorial command.  The law provides for access to legal counsel and family members, although police frequently denied detainees access to both.  Contrary to the wide-reaching antiterror law, civilian law prohibits incommunicado detention, but it occurred, especially in connection with the sociopolitical unrest in the two Anglophone regions.  The law permits bail, allows citizens the right to appeal, and provides the right to sue for unlawful arrest, but these rights were seldom respected.  On August 8, Supreme Court Chief Judge Daniel Mekobe Sone commissioned the first members of the Compensation Commission for Illegal Detention, a body created to provide citizens with recourse if they believe they were wrongfully detained.

Arbitrary Arrest:  Police, gendarmes, BIR soldiers, and government authorities reportedly continued to arrest and detain persons arbitrarily, often holding them for prolonged periods without charge or trial and at times incommunicado.  “Friday arrests,” a practice whereby individuals arrested on a Friday typically remained in detention until at least Monday unless they paid a bribe, continued.  There were several reports by media and NGOs that police or gendarmes arrested persons without warrants on circumstantial evidence alone, often following instructions from influential persons to settle personal scores.  There were also credible reports that police or gendarmes arbitrarily arrested persons during neighborhood sweeps for criminals and stolen goods or arrested persons lacking national identification cards, especially in connection with the Anglophone crisis and the fight against Boko Haram.

There were credible reports that authorities held some suspects in the Anglophone crisis for long periods without notifying them of the charges.  For example, authorities detained Sisiku Ayuk Tabe, the president of the Anglophone separatist movement, and 46 others incommunicado and without official charge for close to six months.  The suspects were arrested in Nigeria on January 5 and extradited to Cameroon on January 25.  Defense lawyers considered the arrest and extradition illegal and filed an application for immediate release with the Mfoundi High Court in Yaounde.  On August 30, the judge dismissed the application on procedural grounds.  The court eventually heard the case on November 1 and delivered a verdict denying the release of Sisiku Ayuk Tabe and the nine other leaders of the Anglophone separatist movement on November 15.

Pretrial Detention:  The law provides for a maximum of 18 months’ detention before trial, but many detainees waited years to appear in court.  No comprehensive statistics were available on pretrial detainees.  According to prison authorities, as of June the central prison in Ngaoundere, Adamawa Region, housed approximately 1,600 inmates, two-thirds of whom were pretrial detainees and appellants.  Some pretrial detainees had been awaiting trial for more than two years.  The increase in pretrial prison populations was due in large part to mass arrests of Anglophone activists and persons accused of supporting Boko Haram, staff shortages, lengthy legal procedures, lost files, administrative and judicial bottlenecks, including procedural trial delays, corruption, negligence, and court fees.

The NGO Human IS Right documented the case of 24-year-old Beng Pascal Ngong, who was detained without judgement at the Buea Central Prison for more than 26 months.  Police arrested Beng in 2015 for allegedly not possessing a national identity card, an offense punishable with imprisonment from three to 12 months, a fine of 50,000 to 100,000 CFA francs ($85 to $170), or both.  Following a habeas corpus request filed by the NGO Human IS Right, judicial authorities ultimately released Beng on March 21, after more than double the duration of the sentence he would have served had he been prosecuted and convicted.  Until his release Beng Pascal had never appeared before a judge.

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The government limited and restricted freedoms of peaceful assembly and association.

FREEDOM OF PEACEFUL ASSEMBLY

Although the law provides for freedom of peaceful assembly, the government often restricted this right.  The law requires organizers of public meetings,

demonstrations, and processions to notify officials in advance but does not require prior government approval of public assemblies, nor does it authorize the government to suppress public assemblies that it has not approved in advance.  Nevertheless, officials routinely asserted the law implicitly authorizes the government to grant or deny permission for public assemblies.  The government often refused to grant permits for gatherings and used force to suppress assemblies for which it had not issued permits.  Authorities typically cited “security concerns” as the basis for deciding to block assemblies.  The government also prevented civil society organizations and political parties from holding press conferences.  Police and gendarmes forcibly disrupted meetings and demonstrations of citizens, trade unions, and political activists throughout the year, arrested participants in unapproved protests, and blocked political leaders from attending protests.

On March 9, in Yaounde, police arrested approximately 20 women who participated in a rally, holding up a banner that read, “Stand Up for Cameroon.”  According to the organizers of the rally, including Edith Kabang Walla, the president of the Cameroon People’s Party (CPP), the event was aimed to call attention to the deteriorating sociopolitical situation in the country.  Police released the women after keeping them for a few hours at the judicial police’s regional headquarters.

Authorities also banned some political rallies.  In April the divisional officer of Fokoue in Menoua Division, West Region, banned a meeting meant to encourage voter registration by the CRM opposition party.  The CRM claimed they notified the divisional officer that they were organizing an event on April 11.  This event would have been 10th in a series organized in conjunction with Elections Cameroon, the organization that oversees and administers elections, to encourage more persons to register to vote.  The divisional officer initially told CRM leaders the meeting might not be authorized because April 11 was a market day.  On April 9, he reportedly changed his mind and instead referred CRM’s leaders to the mayor, whom he said had control over the market place.  Organizers said they had contacted the mayor, who said she had planned to conduct a tax collection exercise in the market that day and turned down the request.  Further, in June the mayor of Bagangte banned a rally by the CRM at the local ceremonial ground and reportedly justified his decision by saying that the ceremonial ground was meant only for exceptional events and official ceremonies.  CRM officials said the ruling CPDM held a meeting at the venue a few days earlier.  Authorities also banned rallies by the CRM in Baham and Bandjoun in the West Region.

FREEDOM OF ASSOCIATION

The constitution and law provide for freedom of association, but the law also limits this right.  On the recommendation of the senior divisional officer, the Ministry of Territorial Administration may suspend the activities of an association for three months on the grounds that the association is disrupting public order.  The minister may also dissolve an association if it is deemed a threat to state security.  National associations may acquire legal status by declaring themselves in writing to the ministry, but the ministry must explicitly register foreign associations and religious groups.  The law imposes heavy fines for individuals who form and operate any such association without ministry approval.  The law prohibits organizations that advocate a goal contrary to the constitution, laws, and morality, as well as those that aim to challenge the security, territorial integrity, national unity, national integration, or republican form of the state.

Conditions for recognition of political parties, NGOs, or associations were complicated, involved long delays, and were unevenly enforced.  This resulted in associations operating in legal uncertainty, their activities tolerated but not formally approved.

Unlike in 2017 the government did not ban any organizations during the year.  On July 18, however, Minister of Territorial Administration Paul Atanga Nji unilaterally designated three political figures as spokespersons for three opposition political parties, disregarding these parties’ own hierarchies and internal elections.  The minister stated the three parties, the Cameroon People’s Party (CPP), the

Union of the Peoples of Cameroon (UPC), and the African Movement for a New Independence and Democracy (Manidem), were suffering from persistent internal crises.  He urged administrative command officers nationwide to authorize only events organized by the appointees.  On July 20, all three appointed leaders joined 17 other nominally “opposition” leaders to rally with their parties behind President Biya for the October 7 presidential election.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

A number of domestic and international human rights groups investigated and published findings on human rights cases.  Overturning an earlier decision not to allow them back in the country, the government issued visas to allow Amnesty International and Human Rights Watch personnel to return to present their reports on human rights abuses to the government and to hear its views.  As in previous years, however, government officials impeded the effectiveness of many local human rights NGOs by harassing their members, limiting access to prisoners, refusing to share information, and threatening violence against NGO personnel.  Human rights defenders and activists received anonymous threats by telephone, text message, and email.  The government took no action to investigate or prevent such occurrences.  The government criticized reports from international human rights organizations, including Amnesty International, Human Rights Watch, and the International Crisis Group, accusing them of publishing baseless accusations with the intention of discrediting the government and military.  Despite these restrictions, numerous independent domestic human rights NGOs continued operations to the best of their ability, although many reported that government threats and intimidation limited their ability to operate in the country.

There were several reports of intimidation, threats, and attacks aimed at human rights activists, including members of the Network of Human Rights Defenders in Central Africa (REDHAC), Nouveaux Droits de l’Homme (NDH), the Mandela Center, and Front Line Fighters for Citizens’ Interests (FFCI), among others.  FFCI executive president Franklin Mowha was reported missing as of August 6 while he was on a business trip to the Southwest Region.  FFCI officials and Mowha’s family members alleged that authorities were informed but failed to investigate the case.  As of late October, his family members did not have any information concerning his whereabouts and feared he might have been killed.

Government Human Rights Bodies:  The National Commission on Human Rights and Freedoms (NCHRF) is an independent, government-funded institution for consultation, monitoring, evaluation, dialogue, concerted action, promotion, and protection of human rights.  The NCHRF was established by a 1990 presidential decree and was subsequently given more powers following the passage of a 2004 law.  The NCHRF, however, is limited to making recommendations to competent authorities and can take no action itself.  The commission publishes yearly reports on the human rights environment and may engage in research, provide education, coordinate actions with NGOs, and visit prisons and detention sites.  NGOs, civil society, and the general population considered the NCHRF dedicated and effective, albeit inadequately resourced and with insufficient ability effectively to hold human rights violators to account.  Its budget was far smaller than that of most other agencies with comparable status, such as the National Anti-Corruption Commission and Election Cameroon.

The National Assembly’s Constitutional Laws, Human Rights and Freedoms, Justice, Legislation, Regulations, and Administration Committee was adequately resourced and reviewed the constitutionality of proposed legislation, but it was not an effective check on the ruling party’s initiatives.  The parliament generally failed to address the Anglophone crisis, resulting in a protest by opposition Social Democratic Front representatives during the March ordinary session of parliament.

Costa Rica

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

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

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

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

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

Prison and Detention Center Conditions

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

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

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

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

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

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

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

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

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

d. Arbitrary Arrest or Detention

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

ROLE OF THE POLICE AND SECURITY APPARATUS

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

ARREST PROCEDURES AND TREATMENT OF DETAINEES

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

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

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were often cooperative and responsive to their views.

Government Human Rights Bodies: The Ombudsman’s Office reviews government action or inaction that affects citizens’ rights and interests. The ombudsman is accountable to the National Assembly, which appoints the person to a four-year term and funds office operations. The ombudsman participates in the drafting and approval of legislation, promotes good administration and transparency, and reports annually to the National Assembly with nonbinding recommendations. International institutions and nongovernmental organization observers recognized the Ombudsman’s Office as an independent and effective instrument for promoting human rights.

A special committee of the National Assembly studies and reports on problems relating to the violation of human rights, and it also reviews bills relating to human rights and international humanitarian law.

Cote d’Ivoire

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

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

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

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

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

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

Prison and Detention Center Conditions

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

d. Arbitrary Arrest or Detention

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

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

ROLE OF THE POLICE AND SECURITY APPARATUS

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

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

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

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

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

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

ARREST PROCEDURES AND TREATMENT OF DETAINEES

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

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

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

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

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

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, but the government sometimes restricted the freedom of peaceful assembly.

FREEDOM OF PEACEFUL ASSEMBLY

The law provides for freedom of peaceful assembly, but the government did not always respect this right. The law requires groups that wish to hold demonstrations or rallies in stadiums or other enclosed spaces to submit a written notice to the Ministry of Interior three days before the proposed event. Numerous opposition political groups reported denials of their requests to hold political meetings and alleged inconsistent standards for granting public assembly permissions. In some instances public officials stated they could not provide for the safety of opposition groups attempting to organize both public and private meetings.

In May, 21 students protesting poor living conditions were arrested following a clash with police in Abidjan and released after several days. In September stone-throwing students affiliated with a student union clashed with police on the campus of Houphouet-Boigny University in Abidjan as they protested education fees. The students disrupted traffic throughout the city, and police forces fought back using tear gas and sound grenades.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

A number of international and domestic human rights groups operated in the country, investigating and publishing their findings on human rights cases. Government officials were somewhat cooperative and responsive to their views, depending on the topic, but at other times defensive about more sensitive topics. A major well known local human rights organization reported threats against one of its leaders.

Government Human Rights Bodies: The Ministry of Justice and Human Rights is responsible for implementing and monitoring the government’s policy on human rights, but it was neither adequately funded nor effective. The National Commission for Human Rights (CNDH) is an advisory body under the Ministry of Justice and Human Rights and consults on, conducts evaluations of, and creates proposals to promote, protect, and defend human rights. Although the CNDH was chartered as a nongovernmental independent body, its funding was fully dependent on approval by the Ministry of Justice and Human Rights. The CNDH had 31 offices upcountry and four subcommissions focused on civil, cultural, sociocultural, and social matters. Its offices outside of Abidjan were not fully staffed or equipped. It inherited UN Operation in Cote d’Ivoire (UNOCI’s) human rights mandate upon UNOCI’s departure in June 2017 but acknowledged it did not have UNOCI’s resources.

The civilian-controlled Special Investigative Cell (Special Cell) within the Ministry of Justice and Human Rights continued to investigate and try alleged perpetrators of human rights abuses committed during the postelectoral crisis, although such actions appeared to target former president Gbagbo’s supporters exclusively. The Special Cell had an indefinite mandate but lacked sufficient resources and staff.

Dominican Republic

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

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were numerous reports that the government or its agents committed arbitrary or unlawful killings. In November Ruben Dario Hipolite Martinez, who was wanted for allegedly shooting a Navy spokesman, was shot and killed minutes after pleading for his life on a live internet video stream, according to media accounts. A National Police spokesman stated the officers involved were suspended and under investigation. The National Human Rights Commission (NHRC), a nongovernmental organization (NGO), reported 115 extrajudicial killings by police forces as of December 10.

As of November Fernando de los Santos was in detention and awaiting trial. The former police lieutenant had been wanted since 2011 for the killing of two men and had been named in media accounts as the suspect in the killing of at least 30 persons. Some of those killed were believed to be criminals wanted by police, while others were killings for hire committed on behalf of drug traffickers, according to media accounts.

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

Although the law prohibits torture, beating, and physical abuse of detainees and prisoners, there were reports security force members, primarily police, carried out such practices.

The NHRC reported police used various forms of physical and mental abuse to obtain confessions from detained suspects. According to the NHRC, methods used to extract confessions included covering detainees’ heads with plastic bags, hitting them with broom handles, forcing them to remain standing overnight, and hitting them in the ears with gloved fists or hard furniture foam so as not to leave marks. In June the newspaper El Caribe reported allegations that inmates in Rafey Jail were frequently tortured, which penitentiary authorities denied.

Prison and Detention Center Conditions

Prison conditions ranged from general compliance with international standards in “model” prisons or correctional rehabilitation centers (CRCs) to harsh and life threatening in “traditional” prisons. Threats to life and health included communicable diseases, inadequate sanitary conditions and medical care, a lack of well-trained prison guards, and prisoner-on-prisoner violence, all of which were exacerbated in the severely overcrowded traditional prisons.

Physical Conditions: Gross overcrowding was a problem in traditional prisons. The Directorate of Prisons reported that as of August there were 17,094 prisoners in traditional prisons and 9,192 in CRCs, a ratio that remained constant for the past several years because traditional prisons had not been phased out. La Victoria, the oldest traditional prison, held nearly 8,000 inmates, although it was designed for a maximum capacity of 2,011. The inmate population at all 19 traditional prisons exceeded capacity, while only one of 22 CRCs was over capacity. Both male and female inmates were held in La Romana Prison but in separate areas.

Police and military inmates received preferential treatment, as did those in traditional prisons with the financial means to rent preferential bed space and purchase other necessities.

According to the Directorate of Prisons, military and police personnel guarded traditional prisons, while a trained civilian guard corps provided security at CRCs. Reports of mistreatment and violence in traditional prisons were common, as were reports of harassment, extortion, and inappropriate searches of prison visitors. Some traditional prisons remained effectively outside the control of authorities, and there were reports of drug and arms trafficking, prostitution, and sexual abuse within prisons. Wardens at traditional prisons often controlled only the perimeter, while inmates controlled the inside with their own rules and system of justice. Although the law mandates separation of prisoners according to severity of offense, authorities did not have the capability to do so.

In traditional prisons, health and sanitary conditions were generally inadequate. Prisoners often slept on the floor because there were no beds available. Prison officials did not separate sick inmates. Delays in receiving medical attention were common in both the traditional prisons and CRCs. All prisons had infirmaries, but most infirmaries did not meet the needs of the prison population. In most cases inmates had to purchase their own medications or rely on family members or other outside associates to deliver their medications. Most reported deaths were due to illnesses. According to the Directorate of Prisons, all prisons provided HIV/AIDS treatment, but the NHRC stated that none of the traditional prisons were properly equipped to provide such treatment.

In CRCs, some prisoners with mental disabilities received treatment, including therapy, for their conditions. In traditional prisons, the government did not provide services to prisoners with mental disabilities. Neither CRCs nor traditional prisons provided access for inmates with disabilities, including ramps for wheelchairs.

The International Organization for Migration (IOM) reported that migration detention centers were not adequately equipped to accommodate large numbers of detainees and at times were overcrowded. IOM representatives noted the centers needed improved sanitary facilities, better access to drinking water, and more structures to protect waiting detainees from the sun. The General Directorate of Migration generally provided food to detainees being held at the border with Haiti but at times asked the IOM for support.

In October 2017 the Constitutional Tribunal declared the condition of some jails were a “gross and flagrant” violation of the constitution and ordered the Attorney General’s Office to take steps to improve them within 180 days or face a fine of approximately 21,450 pesos ($430) per day. In April the attorney general announced the creation of “mobile courts” at some prisons, including the largest, La Victoria, to speed up the processing of cases and reduce overcrowding.

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

Independent Monitoring: The government permitted visits and monitoring by independently funded and operated nongovernmental observers and media. The NHRC, National Office of Public Defense, Attorney General’s Office, and CRC prison administration together created human rights committees in each CRC that were authorized to conduct surprise visits.

d. Arbitrary Arrest or Detention

The constitution prohibits detention without a warrant unless authorities apprehend a suspect during the commission of a criminal act or in other special circumstances but permits detention without charge for up to 48 hours. The constitution provides for the right of any person to challenge the lawfulness of his or her detention in court, and the government generally observed this requirement. Arbitrary arrest and detention were problems, and there were numerous reports of individuals held and later released with little or no explanation for the detention. NGOs reported many detainees were taken into custody at the scene of a crime or during drug raids. In many instances authorities fingerprinted, questioned, and then released those detainees.

ROLE OF THE POLICE AND SECURITY APPARATUS

The Ministry of Interior and Police oversees the National Police, Tourist Police, and Metro Police. The Ministry of Armed Forces directs the military, Airport Security Authority and Civil Aviation, Port Security Authority, and Border Security Corps. The National Department of Intelligence and the National Drug Control Directorate, which have personnel from both police and armed forces, report directly to the president.

Civilian authorities at times did not maintain effective control over security forces, including police and military forces. The government has effective mechanisms to investigate and punish abuses; however, the NHRC alleged security forces sometimes act with impunity.

The Internal Affairs Unit investigates charges of gross misconduct by members of the National Police. These cases involved physical or verbal aggression, threats, improper use of a firearm, muggings, and theft. Police officers found to have acted outside of established police procedures were fired or prosecuted.

Training for military and the National Drug Control Directorate enlisted personnel and officers and the National Police included instruction on human rights. The Ministry of the Armed Forces provided human rights training or orientation to officers of various ranks as well as to civilians during the year. The Border Security Corps conducted mandatory human rights training at its training facilities for border officers. The Graduate School of Human Rights and International Humanitarian Rights trained civilians and armed forces personnel. The school also had programs in which members of the armed forces and civilians from the Supreme Court, congress, district attorney offices, government ministries, National Police, and Central Electoral Board participated.

In October 2017 the National Police announced that officers and recruits applying to join the police force who were suspected of corruption would be required to take polygraph tests. In June the chief of the National Police said 1,416 officers had been removed from the force during his first 10 months in office after internal affairs investigations found they had committed misconduct. In September the National Police warned commanding officers that if they did not declare their financial assets as required by law, they could lose their commands.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law provides that an accused person may be detained for up to 48 hours without a warrant before being presented to judicial authorities. The law also permits police to apprehend without an arrest warrant any person caught in the act of committing a crime or reasonably linked to a crime, such as in cases involving hot pursuit or escaped prisoners. Police sometimes detained suspects for investigation or interrogation longer than 48 hours. Police often detained all suspects and witnesses to a crime. Successful habeas corpus hearings reduced abuses of the law significantly. There was a functioning bail system and a system of house arrest, but these provisions were rarely used in cases involving foreigners.

The law requires provision of counsel to indigent defendants, although staffing levels were inadequate to meet demand. The National Office of Public Defense represented 71 percent of the criminal cases brought before the courts as of August, covering 28 of 34 judicial districts. Many detainees and prisoners who could not afford private counsel did not have prompt access to a lawyer. Prosecutors and judges handled interrogations of juveniles, which the law prohibits by or in the presence of police.

Arbitrary Arrest: Police made sporadic sweeps or roundups in low-income, high-crime communities during which they arrested and detained individuals without warrants. During these operations police arrested large numbers of residents and seized personal property allegedly used in criminal activity.

Pretrial Detention: Many suspects endured long pretrial detention. Under the criminal procedures code, a judge may order detention to be between three and 18 months. According to the Directorate of Prisons, as of October, 60 percent of inmates were in pretrial custody. The average pretrial detention time was three months, but there were reports of cases of pretrial detention lasting up to three years, including three foreign citizens held in pretrial detention since 2015 (two of whom were granted bail in September). Time served in pretrial detention counted toward completing a sentence.

The failure of prison authorities to produce detainees for court hearings caused some trial postponements. Many inmates had their court dates postponed due to a lack of transportation from prison to court or because their lawyer, codefendants, interpreters, or witnesses did not appear. Despite additional protections for defendants in the criminal procedures code, in some cases authorities held inmates beyond the legally mandated deadlines even when there were no formal charges against them.

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

A number of domestic and international organizations generally operated without government restriction, investigating and publishing their findings on human rights cases. While government officials often were cooperative and responsive to their views, human rights groups that advocated for the rights of Haitians and persons of Haitian descent faced occasional government obstruction.

Government Human Rights Bodies: The constitution establishes the position of human rights ombudsman, and in 2013 the Senate appointed Zoila Martinez, a former Santo Domingo district attorney, for a six-year term. The ombudsman’s functions are to safeguard the fundamental human rights of persons and protect collective interests established in the constitution and law. There is also an interinstitutional human rights commission, chaired by the minister of foreign affairs and the attorney general. The Attorney General’s Office has its own human rights division.

Ecuador

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

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

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

On July 3, the National Assembly announced the creation of a temporary committee to investigate the conclusions reached by a 2012 government panel convened by former president Correa to investigate the 2010 killing of air force general Jorge Gabela. The panel had concluded the act was perpetrated by “common criminals” and was not part of a larger plot. General Gabela was an outspoken critic of the Correa administration’s plan to purchase Indian-made Dhruv helicopters in 2007 and 2008. Multiple Dhruv helicopters crashed due to mechanical failure, killing several persons.

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

While the law prohibits torture and similar forms of intimidation and punishment, there were a few reports police officers and prison guards tortured and abused suspects and prisoners.

On November 14, the Criminal Court of Azuay Province found 37 police officers guilty of the excessive use of force against inmates during a 2016 raid on Turi prison and sentenced them to 106 days in prison. The court also fined the officers $500 each (the official currency is the U.S. dollar) and ordered the state to provide medical and psychological services to the affected prisoners. The court found four police officers not guilty and allowed one to complete her sentence later due to health concerns.

In August nongovernmental organizations (NGOs) reported they continued to receive new allegations of torture involving inmates at Turi prison, separate from the 2016 case. Prisoners claimed they were tortured and subjected to other forms of degrading treatment, including arbitrary beatings, exposure to extreme temperatures, and electric shocks. The daily newspaper La Hora reported in August 2017 that a doctor confirmed a prisoner’s claims of torture and other forms of degrading treatment during an examination. The government continued to investigate these claims at year’s end.

Prison and Detention Center Conditions

Prison conditions were harsh due to food shortages, overcrowding, harassment by security guards against prisoners and visitors, physical and sexual abuse, and inadequate sanitary conditions and medical care.

Physical Conditions: The 2016 earthquake, which damaged the penitentiary facility in the town of Portoviejo, exacerbated overcrowding in some prisons, causing relocation of prisoners to other facilities that were already over capacity. In an August 23 article in the daily newspaper El Comercio, Rosana Alvarado, then minister of justice, human rights, and worship, reported the prison population was 37 percent above designated capacity.

Prisoners and human rights activists complained of lack of resources for inmates. Relatives of the inmates reported public officials expected prisoners to buy provisions from the prison centers on a monthly basis and that prison officials did not allow families of inmates to provide basic supplies purchased outside the prison, including clothing and toiletries.

In some facilities health measures were sufficient only for emergency care. Prisoners complained of a lack of medicine and access to dental care; harsh living conditions, including sanitary problems; insufficient food and the poor nutritional quality of the food; and lack of heating and hot water.

Protecting the health and safety of prisoners remained a problem. NGOs expressed concern about mixing prisoners from various criminal gangs in prison units. On March 9, then justice minister Alvarado opened an investigation into the shooting of an inmate in Turi prison two days earlier during an arms control operation carried out by the police intelligence unit. The Ecumenical Commission for Human Rights, a local NGO, reported that as of August 22, it had received information concerning deaths due to prisoner-on-prisoner violence.

On February 15, a preliminary trial hearing was held on the 2017 allegations regarding a criminal extortion network at the Turi prison. Public Prosecutor Maria Belen Corredores accused the former director of Turi prison and two inmates of running a network that extorted at least 67 individuals inside the prison. Former minister of interior Diego Fuentes reported in 2017 that a criminal network in Turi prison had extorted relatives of inmates by demanding payments between $200 and $800 in exchange for the inmates’ physical safety. According to local NGOs, prison authorities threatened family members of prisoners who died or suffered serious injuries to prevent them from making public complaints.

On August 6, human rights activist Anunziatta Valdez reported female visitors to prisons continued to be subject to degrading treatment, including being forced to remove their clothing and have their genitalia illuminated by flashlights, despite 2016 guidelines that prohibit bodily searches of visitors and allow the use of body scanners. While law enforcement officials denied the accusations by Valdez, they noted body scanners might not be working in all prisons.

As part of a government reorganization and downsizing plan to reduce public spending, in August the government announced the elimination of the Ministry of Justice, Human Rights, and Worship, whose responsibilities in prison administration were to be transferred to another entity. In October Minister of Interior Maria Paula Romo announced a technical secretariat would assume responsibility for managing the prison system within 90 days of the signing of a new decree in November.

Administration: Authorities sometimes conducted proper investigations of credible allegations of mistreatment. Public defenders assisted inmates in filing complaints and other motions. Some prisoners remained incarcerated after completing their sentences due to bureaucratic inefficiencies and corruption.

Independent Monitoring: NGOs continued to report restrictions to monitoring by independent nongovernmental observers. According to the human rights NGO Permanent Committee for the Defense of Human Rights, authorities failed to respond to many requests by independent observers to visit prisons.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, but there were reports that provincial and local authorities did not always observe these provisions. According to NGOs, illegal detentions continued to occur during the year.

ROLE OF THE POLICE AND SECURITY APPARATUS

The National Police maintains internal security and law enforcement and is under the authority of the Ministry of the Interior. The military is under the supervision of the Ministry of Defense and is responsible for external security. The military also had some domestic security responsibilities until August 1, when the Constitutional Court repealed a 2015 constitutional amendment authorizing the armed forces to provide comprehensive support to the domestic security of the state. Police and military share responsibility for border enforcement. Migration officers are civilians and report to the Ministry of Interior. The Internal Affairs Unit of the National Police investigates killings by police and can refer cases to the courts. An intelligence branch within the military has a role similar to the police internal affairs unit. The law states that the State Prosecutor’s Office must be involved in all investigations concerning human rights abuses, including unlawful killings and forced disappearance.

Insufficient training and poor supervision continued to impair the effectiveness of the National Police. Civilian authorities maintained effective control over police and the armed forces. The government has mechanisms as outlined in the constitution to investigate and punish abuse and corruption.

Police received required human rights instruction in basic training, after promotions, and in training academies for specialized units. The police academy integrated human rights training throughout a four-year training program for cadets.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law requires authorities to issue specific written arrest orders prior to detention, and a judge must charge a suspect with a specific criminal offense within 24 hours of arrest. Authorities generally observed this time limit, although in some provinces initial detention was often considerably longer. Detainees have the right to be informed of the charges against them. By law, if the initial investigation report is incriminating, the judge, upon the prosecutor’s request, may order pretrial detention. Judges at times ordered a detainee’s release pending trial with the use of ankle bracelets.

Detainees have a constitutional right to an attorney. Those without financial means to pay for an attorney have the right to request a court-appointed attorney from the Public Defenders’ Office. Although there were many available court-appointed defenders, the number of cases and limited time to prepare for the defense continued to represent a disadvantage during trials.

The law entitles detainees prompt access to lawyers and family members, but NGOs continued to report delays depending on the circumstances and the willingness of local courts and prison guards to enforce the law.

Pretrial Detention: Corruption and general judicial inefficiency caused trial delays. Police, prosecutors, public defenders, and judges did not receive adequate training. In September 2017 then justice minister Alvarado reported that 36 percent of inmates awaited sentencing. The length of pretrial detention did not usually exceed the maximum sentence for the alleged crime.

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

FREEDOM OF PEACEFUL ASSEMBLY

The law provides for freedom of peaceful assembly, and the government generally respected this right. Public rallies require prior government permits, which authorities usually granted.

FREEDOM OF ASSOCIATION

The law provides for freedom of association. In October 2017 President Moreno issued Decree 193 to replace executive Decrees 16 and 739 that regulated freedom of association. NGOs claimed former president Correa used the latter two decrees–which required all social organizations, including NGOs, to reregister in a new online registration system within one year of the decree or face dissolution–to stymie opposition and limit foreign influence. Following implementation of the new decree, the government allowed the reincorporation of two organizations Correa had dissolved.

Decree 193 simplifies the application process to obtain and maintain legal status for NGOs and social groups by relaxing and eliminating some bureaucratic hurdles. The decree closes loopholes exploited by the former government to infiltrate and fracture NGOs, including the elimination of a clause forcing groups to provide membership to any person, even against the will of the other members. International NGOs faced fewer restrictions on working in the country under the new decree. It ends the policy requiring government entities to collect information through the country’s diplomatic missions abroad on the “legality, solvency, and seriousness” of foreign NGOs before they are allowed to work in the country. Civil society representatives said the new decree was a step in the right direction but lamented that it leaves in place some Correa-era policies, including the right of the government to dissolve organizations for poorly defined reasons.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were often cooperative and responsive to their views.

In October 2017 President Moreno issued decree 193 to replace executive decrees 16 and 739 that regulated freedom of association. Domestic and international human rights organizations are subject to the NGO regulations in the decree. Civil society representatives said the new decree was a step in the right direction but noted it leaves in place some Correa-era policies, including the right of the government to dissolve organizations for imprecise reasons (see section 2.b.).

Government Human Rights Bodies: The Ombudsman’s Office is an administratively and financially independent body under the Transparency and Social Control Branch of government, focused on human rights. The Ombudsman’s Office regularly presented cases to the Public Prosecutor’s Office.

On May 2, the T-CPCCS voted unanimously to dismiss Ombudsman Ramiro Rivadeneira after he refused to submit to an official evaluation by the control body. In 2016 several NGOs issued a joint press release stating that the Ombudsman’s Office “had failed in fulfilling its role of defending the rights of the people, and focused more on protecting its image and the [Correa] government.”

A special unit within the Prosecutor’s Office has responsibility for investigating crimes revealed in the 2010 Truth Commission report on alleged human rights abuses that occurred between 1984 and 2008. On June 11, then justice minister Alvarado participated in a signing ceremony of 25 reparation agreements for victims of human rights abuses reported by the 2010 Truth Commission, bringing the total number signed under President Moreno to 101, in contrast with one signed during Correa’s decade in power.

On September 13, the National Anticorruption Commission requested the creation of a joint working group with the Attorney General’s Office to investigate whether former president Correa, military officers, and other public officials were criminally liable for the abuses reported in the 2010 protest, known as 30-S. Anticorruption Commission Chairman Jorge Rodriguez stated that a thorough investigation was required to determine who was behind the “persecution of more than 300 citizens who lost their jobs and in some cases even their lives.”

Egypt

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

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were numerous reports the government or its agents committed arbitrary or unlawful killings, including incidents that occurred while making arrests or holding persons in custody or during disputes with civilians. There were also reports of civilians killed during military operations in Sinai. Impunity was a problem.

There were instances of persons tortured to death and other allegations of killings in prisons and detention centers. The government charged, prosecuted, and convicted perpetrators in some cases.

Authorities charged two police officers with the death of Mohamed Abdel Hakim Mahmoud (aka Afroto) due to what government investigators described as beatings following his arrest on January 5. Following news of his death, local residents protested outside the police station, resulting in the arrest of 102 protesters. In February the court released at least 79 protesters on bail. On November 28, the Mokattam state security misdemeanor court sentenced 99 defendants to one year in prison. On November 11, a Cairo criminal court sentenced an assistant detective from the Mokattam police station to three years in prison and a police officer to six months in connection with Afroto’s death. According to press reports, the police officer convicted will not serve time in prison because he had already spent 10 months in remand detention, while the assistant detective will still serve three years in prison, excluding the time already served in remand. The verdict remained subject to appeal.

As of year’s end, an investigative team led by the Prosecutor General’s Office had not released conclusions of its investigation into the killing of Italian graduate student Giulio Regeni, who was found dead in 2016 with what forensics officials said were signs of torture. According to press reports, Italian prosecutors asked in December to investigate a number of Egyptian secret service agents suspected to be involved in Regeni’s death. Egyptian authorities denied this request. In November the Italian minister of foreign affairs summoned the Egyptian ambassador to Italy to prompt him to urge Egyptian authorities to act quickly to honor the commitment made at top political levels to hold accountable those responsible for Regeni’s killing.

There were reports of suspects killed in unclear circumstances during or after arrest. On March 27, according to press reports, Abdel Halim Mohamed El-Nahas died following a five-hour interrogation in Tora Prison. According to his cellmates’ statements to a local rights organization, he returned from the interrogation having lost his ability to speak or move and quickly died.

There were reports of groups of suspected terrorists and other suspected criminals killed during security raids conducted by security forces. The Interior Ministry said police officers fired at suspects only when suspects fired first. Rights groups argued these shootings might have amounted to extrajudicial killings. In some cases human rights organizations and media reported there was evidence that police detained suspects before killing them. In June authorities killed 10 persons and arrested two in raids across the country. Authorities said those killed were members of the Arm of Egypt Movement (HASM), who were involved in a March 24 attack on Alexandria’s security chief that killed two soldiers. On March 25, authorities killed six persons in operations related to the same attack, according to an official statement.

There were reports the Egyptian navy shot and killed fishermen from Gaza near the Egypt-Gaza maritime boundary. For example, on November 8, Gazan Mostafa Abu Audeh was allegedly shot and killed by Egyptian naval forces while he was fishing just off the coast of the Palestinian city of Rafah. According to press reports, the Egyptian military denied the reports. On February 8, the Court of Cassation upheld the 2015 appeals court verdict in the case of four police officers charged in the 2013 deaths of 37 Muslim Brotherhood (MB) detainees while transferring them to Abu Zaabal Prison near Cairo. Following a successful 2014 appeal of their convictions, in 2015 the appeals court reduced one officer’s sentence from 10 to five years, while maintaining the one-year suspended prison sentences for the three other officers.

At year’s end the government had not held accountable any individual or governmental body for state violence after 2013, including the deaths of hundreds of civilians during the 2013 dispersals of the sit-ins at Rabaa al-Adawiya Square in Cairo and Nahda Square in Giza. On July 25, parliament approved a law giving the president authority to immunize military commanders against prosecution for crimes committed between February 19, 2011 (suspension of the 1971 constitution) and January 23, 2012 (the seating of parliament) and between July 3, 2013 (suspension of the 2012 constitution) and January 1, 2016 (seating of the current parliament). They also have future immunity against prosecution for any crimes that may occur during the suspension of the present constitution and in the absence of a parliament.

Terrorist groups, including “Islamic State”-Sinai (formerly known as Ansar Bayt al-Maqdis), HASM, and Ajnad Misr, among others, conducted deadly attacks on government, civilian, and security targets throughout the country, including places of worship. There were no published official data on the number of victims of terrorist violence during the year. According to local media reports, terrorists killed hundreds of civilians throughout the country. As of April in Sinai alone, militant violence killed at least six civilians and 37 security force members, according to publicly available information. During the same period in Sinai, the government killed 225 terrorists, according to official public statements.

On March 24, a bomb placed under a car exploded as the motorcade of Alexandria’s director of security passed. The blast killed two police officers and injured at least four others. No party claimed responsibility, but the Ministry of Interior blamed HASM; authorities arrested and killed several persons they said had ties to the attack (see above).

On November 3, terrorists attacked a bus carrying Coptic Christian pilgrims to a monastery in Minya, killing seven and injuring at least seven others. ISIL-Sinai claimed responsibility for the attack. On November 4, the government reported that police in Minya killed 19 militants responsible for the attack in Assyut.

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

The constitution states that no torture, intimidation, coercion, or physical or moral harm shall be inflicted upon a person whose movements are restricted or whom authorities have detained or arrested. The penal code forbids torture to induce a confession from a detained or arrested suspect but does not account for mental or psychological abuse against persons whom authorities have not formally accused, or for abuse occurring for reasons other than securing a confession. The penal code also forbids all public officials or civil servants from “employing cruelty” or “causing bodily harm” under any circumstances.

Local rights organizations reported hundreds of incidents of torture throughout the year, including deaths that resulted from torture (see section 1.a.). According to domestic and international human rights organizations, police and prison guards resorted to torture to extract information from detainees, including minors. Reported techniques included beatings with fists, whips, rifle butts, and other objects; prolonged suspension by the limbs from a ceiling or door; electric shocks; sexual assault; and attacks by dogs. A June 2017 UN Committee against Torture report concluded that torture was a systematic practice in the country. Government officials denied the use of torture was systematic. According to Human Rights Watch (HRW) and local NGOs, torture was most common in police stations and other Interior Ministry detention sites. The local NGO al-Nadeem Center for Rehabilitation of Victims of Violence documented an average of 35 to 40 instances of torture per month. Authorities stated they did not sanction these abuses and, in some cases, prosecuted individual police officers for violating the law.

On May 7, AI released a report stating prisoners detained on politically motivated charges were held in prolonged and indefinite solitary confinement. The report also stated such prisoners were subjected to physical abuse, including beatings, lack of food, humiliation, and restricted movement–sometimes for years. In response the government denied widespread use of solitary confinement.

In an October 11 report, HRW alleged security forces detained Khaled Hassan on January 8 in Alexandria and held him incommunicado until bringing him before a military court in May. HRW reported Hassan was repeatedly tortured during his detention, including being raped twice. The government released a public response criticizing the report and stated there was no evidence of any wrongdoing by security officials. Hassan remained in detention pending trial at year’s end.

On June 25, prosecutors ordered the detention of the head of the investigations unit and his assistant pending investigations into the death of Ahmed Zalat while in police custody. On June 2, police arrested Zalat on charges of theft. On the evening of his arrest, authorities transferred him to a hospital where he was pronounced dead on arrival. Family members told press that Zalat’s body bore clear signs of torture. The case was referred to criminal court; the next session was scheduled for December 9.

Local rights groups and international NGOs reported authorities sometimes subjected individuals arrested on charges related to homosexuality to forced anal examinations (see section 6).

Prison and Detention Center Conditions

Conditions in the prisons and detention centers were harsh and potentially life threatening due to overcrowding, physical abuse, inadequate medical care, poor infrastructure, and poor ventilation.

Physical Conditions: According to domestic and international NGO observers, prison cells were overcrowded, and prisoners lacked adequate access to medical care, proper sanitation and ventilation, food, and potable water. Inmates often relied upon external visitors for food and other supplies or were forced to purchase those items from the prison canteen at significantly inflated prices, according to a September 28 Egyptian Initiative for Personal Rights report. Tuberculosis was widespread. Provisions for temperature control and lighting generally were inadequate. Reports that guards abuse prisoners, including juveniles, in adult facilities were common. Prison conditions for women were marginally better than those for men. Media reported that some prisoners protested conditions by going on hunger strikes.

Authorities did not always separate juveniles from adults and sometimes held pretrial detainees with convicted prisoners. Rights organizations alleged the illegal use of Central Security Forces camps as detention facilities.

The large number of arrests and the use of pretrial detention during the year exacerbated harsh conditions and overcrowding, contributing to the prevalence of deaths in prisons and detention centers. During 2017 the National Council for Human Rights (NCHR) reported police detention centers were at 150 percent of maximum capacity and that prisons were at 300 percent of maximum capacity. Health care in prisons was inadequate, leading to a large number of prisoner deaths due to possibly treatable natural causes. Human rights groups and the families of some deceased prisoners claimed that prison authorities denied prisoners access to potentially life-saving medical care and, in some cases, denied requests to transfer the prisoners to the hospital, leading to deaths in prison.

International NGOs continued to allege that journalist Hisham Gaafar’s health, including his eyesight, was deteriorating because prison authorities could not provide him necessary health care. Since 2015 authorities detained Gaafar on charges including membership in the MB and illegally receiving foreign funds for his foundation. According to HRW Gaafar suffered from a number of ailments that required continuing specialist care. On November 19, Cairo Criminal Court renewed the detention of Gaafar, pending investigations on charges of receiving funds from foreign agencies for “the purpose of harming national security” and belonging to “a banned group.”

On February 14, authorities arrested Abdel Moneim Aboul Fotouh, former presidential candidate and leader of the opposition party Strong Egypt, on charges of belonging to a banned group and spreading false news. According to rights groups and his family’s statements to the press, his health was deteriorating due to lack of access to adequate health care. Reportedly, Aboul Fotouh had at least one heart attack while in prison, was unable to walk unassisted due to back pain, and was held solitary confinement. On November 17, Cairo Criminal Court ordered that Abdel Moneim Aboul Fotouh remain in prison for an additional 45 days pending further investigations.

There were reports authorities sometimes segregated prisoners accused of crimes related to political or security issues separately from common criminals and subjected them to verbal or physical abuse and punitive solitary confinement. The retrial of imprisoned activist Ahmed Douma began in July, and the next hearing was scheduled for January 9, 2019. In 2015 authorities convicted Douma of several offenses, including assaulting police and military forces during clashes between protesters and police in 2011. In 2017 the Court of Cassation ordered a retrial of the case. Beginning with his arrest in 2015, authorities held Douma in solitary confinement for more than 1,200 days.

The law authorized prison officials to use force against prisoners who resisted orders.

Administration: The penal code provides for reasonable access to prisoners. According to NGO observers and relatives, the government sometimes prevented visitors’ access to detainees. Prisoners could request investigation of alleged inhumane conditions. NGO observers claimed, however, that prisoners sometimes were reluctant to do so due to fear of retribution from prison officials. The government investigated some, but not all, of these allegations. As required by law, the public prosecutor inspected prisons and detention centers.

Independent Monitoring: The government did not permit visits by nongovernmental observers but did permit some visits by the National Council for Women and Parliament’s Human Rights Committee to prisons and detention centers. The latter visited six prisons and 24 police stations with detention centers during the 2017-18 parliamentary term. The law formally recognizes the NCHR’s role in monitoring prisons, specifying that visits require notifying the prosecutor general in advance. The NCHR visited two prisons during the year. Authorities did not permit other human rights organizations to conduct prison visits.

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, but reported incidents of arbitrary arrests and detentions remained frequent, according to local and international rights groups. A December 10 report by the Arabic Network for Human Rights Information claimed that police refused to release for as long as months several defendants whom courts ordered released.

ROLE OF THE POLICE AND SECURITY APPARATUS

Civilian authorities maintained effective control over security forces. The government does not have effective mechanisms to investigate and punish abuse. Official impunity was a problem. Police investigative skills remained poor. Police did not investigate reported police abuses sufficiently, according to local and international human rights groups. The government investigated and prosecuted some, but not all, reports of abuse, and some prosecutions resulted in acquittals due to insufficient or contradictory evidence. The government frequently called for investigations of abuses by security forces, although these investigations rarely resulted in judicial punishment.

The primary security forces of the Interior Ministry are the Public Police and the Central Security Forces. The Public Police are responsible for law enforcement nationwide. The Central Security Forces provide security for infrastructure and key domestic and foreign officials, and are responsible for crowd control. The National Security Sector, which investigates counterterrorism and internal security threats, also reports to the minister of interior. The armed forces report to the minister of defense and are generally responsible for external defense, but they also have a mandate to “assist” police in protecting “vital public facilities,” including roads, bridges, railroads, power stations, and universities. Military personnel have arrest authority during “periods of significant turmoil.” The Border Guards Department of the Ministry of Defense is responsible for border control and includes members from the army and police. Single-mission law enforcement agencies, such as the Tourist and Antiquities Police and the Antinarcotics General Administration, also worked throughout the country.

The appeal of the retrial of a Central Security Forces officer previously convicted of killing secular activist Shaimaa el-Sabbagh at a peaceful demonstration in 2015 continued. In 2017 a Cairo Criminal Court sentenced him to 10 years in prison.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

For persons other than those apprehended in the process of committing a crime, the law requires that police act on the basis of a court-issued warrant issued either under the penal code or the code of military justice, both of which were in effect simultaneously; however, there were numerous reports of arrests without such a warrant.

Ordinary criminal courts and misdemeanor courts hear cases brought by the prosecutor general. Arrests under the penal code occurred openly and with warrants issued by a public prosecutor or judge. There was a functioning bail system, although some defendants claimed judges imposed unreasonably high bail.

Criminal defendants have the right to counsel promptly after arrest, and usually, but not always, authorities allowed access to family members. The court is obliged to provide a lawyer to indigent defendants. Nevertheless, defendants often faced administrative and, in some cases, political obstacles and could not secure regular access to lawyers or family visits. A prosecutor may order four days of preventative detention for individuals suspected of committing misdemeanors and 15 days for individuals suspected of committing felonies. The period of preventative detention is subject to renewal by the prosecutor for up to 60 days, in cases of both misdemeanors and felonies. On the 61st day, the prosecutor must submit a case to a relevant judge who may release the accused person or renew the detention in increments of 15 days (but no longer than 45 days at a time). Detention may extend from the stage of initial investigation through all stages of criminal judicial proceedings. Except in cases involving the death penalty or life imprisonment, the combined periods of prosecutor and court-ordered detentions may not exceed six months in cases of misdemeanors and 18 months in cases of felonies. After the detention reaches its legal limit without a conviction, authorities must release the accused person immediately. Legal experts offered conflicting interpretations of the law in cases in which convictions carry the death penalty or life imprisonment, with some arguing there is no time limit to court-ordered renewals of detention in such cases.

Charges involving the death penalty or life imprisonment sometimes could apply to cases related to demonstrations, such as blocking roads or demonstrating outside government buildings; as a result authorities might hold some appellants charged with nonviolent crimes indefinitely.

Arbitrary Arrest: The constitution prohibits arrest, search, or detention without a judicial warrant, except for those caught in the act of a crime. There were frequent reports of arbitrary arrest and detention. Local activists and rights groups stated that hundreds of arrests did not comply with due-process laws. For example, authorities did not charge the detainees with crimes or refer them to prosecutors and prevented access to their lawyers and families (see section 1.b.).

On August 23, security forces arrested political activist Sameh Saudi’s wife and two children, five and seven years old, at their home in Cairo when they did not find him, according to an AI report. Authorities arrested Saudi later that day and released his family.

Pretrial Detention: The government did not provide figures on the total number of pretrial detainees. Rights groups and the quasi-governmental NCHR alleged excessive use of pretrial detention and preventative detention during trials for nonviolent crimes. Authorities sometimes held pretrial detainees with convicted prisoners. Large backlogs in the criminal courts contributed to protracted periods of pretrial detention. Estimates of the number of pretrial and preventive detainees were unreliable. According to a 2016 report by the Egyptian Initiative for Personal Rights, almost 1,500 persons in four governorates remained in detention without bail for more than two years without a conviction and at various stages in the legal process. According to a 2015 report by the NCHR, citing Interior Ministry figures, at least 7,000 persons remained in detention without a conviction at various stages in the legal process on charges related to incidents after mid-2013, including approximately 300 “activists.” Most others were affiliated with the MB, according to the NCHR.

Authorities continued to hold Ola al-Qaradawi and her husband Hosam Khalaf, who were arrested in June 2017 while on vacation in Egypt. Al-Qaradawi was being held in solitary confinement in Cairo, had limited access to a lawyer, and had yet to be formally charged. In December, Khalaf received a visit from his father and sister. According to the family’s statements to the media and international NGOs, they were being investigated in connection with belonging to the MB and spreading information aimed at distorting Egypt’s image. On June 12, the UN Human Rights Council’s Working Group on Arbitrary Detention issued a report concluding that the arrest, detention, and imprisonment of Ola al-Qaradawi and her husband Hosam Khalaf was arbitrary. The report included information provided by the government responding to the allegation that the arrest was arbitrary.

On September 8, following more than five years of detention, a Cairo Criminal Court sentenced photojournalist Mahmoud Abu Zeid (known as Shawkan) to five years’ imprisonment. Authorities arrested him while he was taking pictures during the security forces’ dispersal of the MB sit-in at Rabaa al-Adawiya Square in Cairo. Authorities charged Shawkan and 739 other defendants with belonging to the MB, possessing firearms, and murder. The court sentenced 75 defendants to death, 47 to life in prison, 215 to 15 years in prison, 23 to 10 years, and 374 to five years’ imprisonment. Five defendants died during the course of the trial. Of the defendants, authorities tried 419 in their absence. As of November, no defendants were released, as in addition to the prison sentence, defendants were ordered to pay financial compensation for damages–estimated to be in the tens of millions of pounds–incurred to private and public properties, as well as a variety of vehicles belonging to security forces during the protest and its violent dispersal. According to press reports, the prosecution sought continued imprisonment of those due for release in lieu of financial compensation as the court has not settled on a final payment amount, and it assumed that, no matter its exact determination, those convicted will be unable collectively to gather the required amount for payment.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: According to the constitution, detainees have the right to challenge the legality of their detention before a court, which must decide if the detention is lawful within one week or otherwise immediately release the detainee. In practice authorities deprived some individuals of this right, according to international and local human rights groups.

Amnesty: The constitution gives the president the power to cancel or reduce a sentence after consulting with the cabinet. According to press reports, as of September the president had used this authority to grant clemency to more than 15,000 prisoners–generally debtors or those who had served more than one-half their sentences, including secular activists, student protesters, MB members, and others.

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The government restricted freedoms of peaceful assembly and association.

FREEDOM OF PEACEFUL ASSEMBLY

The constitution provides for freedom of assembly “according to notification regulated by law.” Authorities implemented an amended 2013 demonstrations law that includes an expansive list of prohibited activities, giving a judge the authority to prohibit or curtail planned demonstrations after submitting an official memorandum. Domestic and international human rights organizations asserted the law did not meet international standards regarding freedom of assembly. In 2017 the government imposed an exclusion zone of 2,600 feet (790 meters) around vital governmental institutions in which protests are prohibited.

There were protests throughout the year, mostly small, and some occurred without government interference. In most cases the government rigorously enforced the law restricting demonstrations, in some cases using force, including in cases of small groups of protesters demonstrating peacefully.

The number of persons arrested under the protest law was not publicly available, although research center Daftar Ahwal reported at least 37,000 cases of individuals stopped, arrested, or charged under the protest law between November 2013 and September 2016. Authorities charged 15,491 individuals under the protest law, resulting in 6,382 convictions and 5,083 acquittals.

On May 12, police arrested 22 persons protesting increased metro fares but released 12 of them the same day. The remaining 10 faced charges of disrupting public transport. Authorities released them on May 16. On May 14, State Security ordered 20 more persons detained for playing a role in the protests. They faced charges of disturbing the peace and obstructing public facilities. Among those arrested was lawyer and labor activist Haytham Mohamedeen, who was released on October 30, although charges remain pending.

Thousands of persons whom authorities arrested during 2013 and 2014 due to their participation in demonstrations (some of which were peaceful) remained imprisoned; however, authorities released others who had completed their sentences. Authorities held such individuals under charges of attending an unauthorized protest, incitement to violence, or “blocking roads.” This included prominent activist Alaa Abdel Fattah, who was convicted in 2015 of breaking the demonstrations law related to his participation in a protest in front of the Shura Council in 2013. In 2017 the Court of Cassation reduced the prison sentence of prominent activist Abdel Fattah from five years’ “rigorous” imprisonment to five years’ imprisonment followed by five years of probation. No further appeals are possible. In 2015 the Cairo Criminal Court sentenced Abdel Fattah to five years in prison on charges of breaking the demonstrations law related to his participation in a protest in front of the Shura Council in 2013.

Human rights groups claimed authorities inflated or used these charges solely to target individuals suspected of being members of groups in opposition to the government or those who sought to exercise the rights to free assembly or association.

Since their release from prison in January 2017 after completing three-year sentences for violating the protest law, activists Ahmed Maher and Mohamed Adel remained on probation with terms requiring them to reside in the local police station from 6 p.m. to 6 a.m. each day. On June 19, when Adel reported for his nightly stay, he was detained after a local storeowner filed a legal complaint accusing Adel of inciting antistate sentiments in 14 posts on Facebook. In July he was sentenced to a 15-day detention order.

According to press reports, student groups focused on entertainment while political activities virtually disappeared in light of pressure from authorities and the threat of arrest. Authorities allowed students to protest the move of the U.S. Embassy from Tel Aviv to Jerusalem, but authorities tightly controlled and managed such protests. Universities held student union elections in December 2017 for the first time in two years.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association. The law governing associations, however, significantly restricts this right.

In 2017 the government enacted a new NGO law, which remained unimplemented by year’s end. Local and international NGOs stated the law if implemented could make it impossible for them to operate independently. In November, President Sisi stated he recognized the law’s shortcomings and directed the Ministry of Social Solidarity to chair a committee to draft amendments in consultation with civil society and submit the amendments to parliament. The 2017 law includes the creation of a new administrative body that includes members of security services and can regulate all NGOs that receive foreign funding and reject registration applications by not responding for 60 days; rules targeting all aspects of NGO work; and prison sentences among the penalties for violations. Throughout the year the Ministry of Social Solidarity continued to apply the previous NGO law on international and domestic organizations receiving international funding, denying government approval of programs that domestic and international organizations sought to implement, or granting governmental approval after lengthy delays (which in some cases amounted to effective denials). Rights groups reported several incidents of security services ordering cancellation of planned training programs or other events. On June 2, the Supreme Constitutional Court ruled an article of the previous NGO law, which gives the Minister of Social Solidarity the right to dissolve NGOs, was unconstitutional.

The penal code criminalizes the request for or acceptance of foreign funds, materiel, weapons, ammunition, or “other things” from states or NGOs “with the intent to harm the national interest.” Those convicted may be sentenced to life in prison (or the death penalty in the case of public officials) for crimes committed during times of war or with “terrorist purpose.”

In a series of raids on November 1, security forces arrested Hoda Abdel Moneim, a former member of the NCHR and at least 30 others, including staff members of the human rights NGO ECRF and unaffiliated lawyers and activists. ECRF subsequently announced it was suspending its operations citing the arrest of Abdel Moneim as well the March arrest of ECRF leader Ezzat Ghoneim (see section 2.b.).

Ibrahim Metwally Hegazy, founder of the Association of the Families of the Disappeared, remained in detention. Authorities arrested him in September 2017, at the Cairo International Airport and initially held him incommunicado. Hegazy was traveling to Geneva to participate in the UN Working Group on Enforced and Involuntary Disappearances. The charges against him included “communicating with a foreign body to harm the Egyptian national interest.” In September 2017 Hegazy told his lawyers authorities tortured him during the first three days they held him.

On April 5, the Court of Cassation overturned the conviction of 16 mostly foreign NGO workers sentenced in 2013 for operating unlicensed organizations and receiving foreign funding without government permission. They were to be retried along with 27 other NGO workers convicted in their absence in the same case. On December 20, a court acquitted 41 defendants; the status of the remaining two was unclear as of the end of the year.

The MB, the MB-affiliated Freedom and Justice Party, and its NGO remained illegal, and the MB was a legally designated terrorist organization.

Authorities continued investigations of local NGOs that received foreign funding under a case originally brought in 2011. On June 20, authorities released Nazra for Feminist Studies founder Mozn Hassan on bail; her charges included receiving foreign funding to harm national security in connection with her NGO. On May 27, authorities questioned Magda Adly and Suzanne Fayyad, founders of the el-Nadeem Center for the Rehabilitation of Victims of Violence, on charges of establishing an entity in violation of the civil society law and publishing information that was harmful to the state.

On May 21, authorities released Hossam Eddin Ali, executive director of the Egyptian Democratic Institute, on bail. He faced charges of harming national security and receiving foreign funds.

In February 2017 authorities closed the offices of el-Nadeem Center for the Rehabilitation of Victims of Violence (also registered under the name el-Nadeem for Psychological Rehabilitation), which documents torture and other forms of abuse and provides counseling for torture and rape victims. In early 2016 the center received administrative closure orders from three governmental bodies, and in late 2016 authorities froze its assets. The organization asserted the closure was politically motivated, targeting el-Nadeem because of its work on torture, deaths in detention, and impunity for these crimes. A court case brought by Nadeem challenging the closure order continued; the most recent hearing was December 5, wherein the court postponed a decision until December 26. The organization continued to operate in a limited capacity.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

International and local human rights organizations said that the government continued to be uncooperative. On August 8, Minister of Local Development Mahmoud Shaarawy said that rights units were established in 18 governorates to receive complaints and spread the culture of human rights. Government officials publicly asserted they shared the civil society organizations’ goals, but they rarely cooperated with or responded to the organizations’ inquiries. The cabinet established a committee on human rights chaired by the minister of foreign affairs to prepare UN reports and respond to human rights allegations raised against the country. Domestic civil society organizations criticized the government’s consultations with civil society as insufficient. Provisions in the 2017 NGO law and penal code established penalties of up to life imprisonment for requesting or accepting foreign funding to undermine state security (see section 2.b.).

Extended delays in gaining government approvals and an unclear legal environment continued to limit the ability of domestic and international NGOs to operate. State-owned and independent media frequently depicted NGOs, particularly international NGOs and domestic NGOs that received funding from international sources, as undertaking subversive activities. Some NGOs reported receiving visits or calls to staff, both at work and at home, from security service officers and tax officials monitoring their activities, as well as societal harassment.

Human rights defenders and political activists were also subjected to governmental and societal harassment and intimidation, including through travel bans (see section 2.d.). Print and television media published articles that included the names, photographs, business addresses, and alleged meetings held by activists, including meetings held with foreign diplomatic representatives.

Well established, independent domestic human rights NGOs struggled to operate amid increasing pressure from security forces throughout the country. Online censorship (see section 2.a.) diminished the roles of internet activists and bloggers in publicizing information concerning human rights abuses. Authorities sometimes allowed civil society organizations not registered as NGOs to operate, but such organizations often reported harassment, along with threats of government interference, investigation, asset freezes, or closure.

The government continued investigations into the receipt of foreign funding by several human rights organizations (see section 1.b.).

Major international human rights organizations, such as HRW and AI, did not have offices in the country after closing them in 2014 due to “concerns about the deteriorating security and political environment in the country.”

The United Nations or Other International Bodies: In October the UN Special rapporteur on the right to adequate housing visited the country, the first rapporteur to visit since 2010. In a December 4 statement, the rapporteur claimed that individuals she met during her trip faced retaliation in the form of forced evictions, housing demolitions, arbitrary arrest, intimidation, and other reprisals

Nine other UN special rapporteurs had pending visit requests; the Ministry of Foreign Affairs stated it was committed to facilitating their visits by the end of 2019. Authorities did not allow the International Committee of the Red Cross access to prisoners and detainees. The Interior Ministry provided some international organizations informal access to some detention centers where authorities detained asylum seekers, refugees, and migrants to provide humanitarian assistance (see section 2.d.).

Government Human Rights Bodies: The NCHR monitored government abuses of human rights and submitted citizen complaints to the government. A number of well known human rights activists served on the organization’s board, although some observers alleged the board’s effectiveness was sometimes limited because it lacked sufficient resources and the government rarely acted on its findings. The council at times challenged and criticized government policies and practices, calling for steps to improve its human rights record. For example, the NCHR called for improved prison conditions and for repeal of the protest law.

El Salvador

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

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were no reports that the government or its agents committed politically motivated killings. There were reports, however, of security force involvement in extrajudicial killings of suspected gang members. As of July 31, the Office of the Human Rights Ombudsman (PDDH) announced it was investigating 22 complaints against police officers, prison guards, and personnel of the Attorney General’s Office for such killings.

The case continued against nine police officers charged in September 2017 with aggravated homicide and concealment stemming from the killing of five persons. Three of the accused were members of the now decommissioned Police Reaction Group (GRP), and police claimed at the time of the events that the deaths were justified homicides.

On March 2, the Attorney General’s Office appealed the September 2017 acquittal of five police officers for aggravated homicide charges in the 2015 killing of a man at a farm in San Blas, San Jose Villanueva. The judge had ruled that the prosecutors failed to prove which of the five officers was specifically responsible for firing the fatal shot and likewise failed to prove conspiracy. On May 4, the Fourth Appellate Court of Appeals confirmed it would retry the case.

On February 23, police authorities in coordination with INTERPOL arrested Jaime Ernesto Bonilla Martinez, who lived in Texas, for participating in at least eight homicides as part of an alleged extermination group operating in San Miguel. The group, composed of civilians, some of whom were alleged rival gang members, and retired and active members of the military and police, was purportedly responsible for murder-for-hire and targeted killings of alleged gang members in San Miguel. Funding for the extermination group reportedly came from Salvadoran citizens living abroad.

As of October 25, alleged gang members had killed 21 police officers. On August 21, the Organized Crime Court convicted 61 MS-13 members of homicide, extortion, illicit trafficking, and conspiracy to kill police officers, among other crimes.

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

The law prohibits such practices, but there were reports of violations. As of July 31, the PDDH received 18 complaints of torture or cruel or inhuman treatment by the National Civil Police (PNC), the armed forces, and other public officials.

On May 29, a court recommended that colonels Hector Solano Caceres and David Iglesias Montalvo, along with Lieutenant Colonel Ascencio Sermeno face charges for homicide, bribery, and conspiracy for ordering the torture of two men in 2016 in Apaneca. In 2017 six soldiers were convicted in the same case.

Prison and Detention Center Conditions

Prison and detention center conditions remained harsh and life threatening due to gross overcrowding, unhygienic conditions, and gang activities.

Physical Conditions: Overcrowding remained a serious threat to prisoners’ health and welfare. As of June 30, the PDDH reported that think tank Salvadoran Foundation for Economic and Social Development reported 38,849 inmates were being held in facilities designed for 18,051 inmates.

Convicted inmates and pretrial detainees were sometimes held in the same prison cells.

In June the Salvadoran Institute for Child Development (ISNA) reported 945 juveniles in detention, with 274 of those awaiting trial. Of those, 356 were held on homicide charges, 465 for extortion, 313 for drug-related crimes, and 143 for gang membership. As of July ISNA reported that three minors were killed by gang members while in detention, compared with nine in 2017. ISNA also reported that as of June, seven minors were victims of trafficking in persons, compared with 18 in 2017.

Gangs remained prevalent in prisons. As of September 2017, detention centers held 17,614 current or former gang members, or 46 percent of the prison population. So-called extraordinary measures were designed to interrupt gang communications and coordination between imprisoned leaders and gang members outside the prisons. Smuggling of weapons, drugs, and other contraband such as cell phones and cell phone SIM cards was reduced but remained a problem in the prisons, at times with complicity from prison officials.

Law enforcmement officials credited the extraordinary measures with a 45 percent reduction in homicides. The PDDH and human rights groups faulted the measures for lacking judicial oversight. On August 16, the Legislative Assembly formalized some elements of the extraordinary measures as part of a reformed penitentiary code, which now allows supervised family visits.

In many facilities provisions for sanitation, potable water, ventilation, temperature control, medical care, and lighting were inadequate, according to the PDDH. From August 2017 to May, the General Prison Directorate reported 2,440 cases of inmate malnutrition and the PDDH reported more than 500 cases of severe malnutrition in Izalco and Ciudad Barrios prisons. The PDDH noted that in 2017 a total of 64 inmates died, some of them due to unspecified causes.

In October the PNC reported overcrowding in police holding cells, with 5,500 detainees in cells designed for 1,500 persons. Those in pretrial detention were held alongside sick inmates.

Administration: The PDDH has authority to investigate credible allegations of inhuman conditions. The Constitutional Chamber of the Supreme Court has authority over the protection of constitutional rights. The extraordinary measures granted broad authorities to wardens to order disciplinary actions, to include isolation and withholding family or religious visitations, without judicial oversight. Extraordinary measures ended in August when the Legislative Assembly reformed the penitentiary code.

Independent Monitoring: The government permitted visits by independent human rights observers, nongovernmental organizations (NGOs), and media to low- and medium-security prisons. Inspections of high-security prisons were limited to government officials, the PDDH, and the International Committee of the Red Cross (ICRC). Early in the year, the government reinstated the ICRC’s access to all prisons. Church groups; the Institute for Human Rights at the University of Central America; lesbian, gay, bisexual, transgender, and intersex activists; the UN special rapporteur for extrajudicial, summary, or arbitrary executions; and other groups visited prisons during the year. The PDDH reported that from May 2017 to April, it conducted 1,644 unannounced prison inspections.

Improvements: Due to the construction of new prisons completed during the year and redistribution of prisoners, overcrowding declined from 334 percent to 215 percent as of August.

d. Arbitrary Arrest or Detention

Although the constitution prohibits arbitrary arrest and detention, there were numerous complaints that the PNC and military forces arbitrarily arrested and detained persons. As of July 31, the PDDH received 31 complaints of arbitrary detention, a decrease from 86 complaints received in the same period in 2017. NGOs reported that the PNC arbitrarily arrested and detained groups of persons on suspicion of gang affiliation. According to these NGOs, the accused were ostracized by their communities upon their return.

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 this provision.

ROLE OF THE POLICE AND SECURITY APPARATUS

The PNC, overseen by the Ministry of Justice and Public Security, is responsible for maintaining public security, and the Ministry of Defense is responsible for maintaining national security. Although the constitution separates public security and military functions, it allows the president to use the armed forces “in exceptional circumstances” to maintain internal peace and public security “when all other measures have been exhausted.” The military is responsible for securing international borders and conducting joint patrols with the PNC. In 2016 President Sanchez Ceren renewed the decree authorizing military involvement in police duties, a presidential order in place since 1996.

The military’s “Zeus Command” comprised 3,100 soldiers in 10 task forces to support police in providing security. These soldiers were to operate only in support of the PNC and were not authorized to arrest or detain. Three hundred and twenty soldiers in the Volcano Task Force, launched in September 2017 as a temporary expansion of the military’s presence in San Salvador, continued to support the city’s police and installed checkpoints throughout the city and conducted random searches of public buses.

There were reports of impunity for security force involvement in crime and human rights abuses during the year. The PDDH is authorized to investigate (but not prosecute) human rights abuses and refers all cases involving human rights abuses to the Attorney General’s Office. Reports of abuse and police misconduct were most often from residents of the metropolitan area of San Salvador and mostly from men and young persons.

The Police Inspector General reported it received 831 complaints against police and dismissed 155 police officers due to misconduct and took disciplinary action against 555 police officers as of October 23.

On August 2, Deputy Police Director of Specialized Operative Areas Mauricio Arriaza stated that 10 police officers of the Specialized Police Tactical Unit (UTEP) were dismissed due to human rights abuses. UTEP was created on February 14 to replace the Specialized Reaction Force of El Salvador, the Special Operation Group, and the GRP. The GRP was disbanded in February following the disappearance of female GRP member Carla Ayala. As of November 5, the Ministry of Defense had not responded to requests to report the number of soldiers removed from its ranks due to alleged ties to gangs.

As of October 26, authorities reported alleged gang members had killed 22 police officers, three soldiers, and three prison guards.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The constitution requires a written warrant of arrest except in cases where an individual is caught in the act of committing a crime. Authorities apprehended persons with warrants based on evidence and issued by a judge. Police generally informed detainees promptly of charges against them.

The law permits release on bail for detainees who are unlikely to flee or whose release would not impede the investigation of the case. The bail system functioned adequately in most cases. The courts generally enforced a ruling that interrogation without the presence of counsel is coercive and that evidence obtained in such a manner is inadmissible. As a result, PNC authorities typically delayed questioning until a public defender or an attorney arrived. The constitution permits the PNC to hold suspects for 72 hours before presenting them to court. The law allows up to six months for investigation of serious crimes before requiring either a trial or dismissal of the case which may be extended by an appeals court. Many cases continued beyond the legally prescribed period.

Arbitrary Arrest: As of October 23, the PDDH reported 31 complaints of arbitrary detention or illegal detention, compared with 86 from January to August 2017.

Pretrial Detention: Lengthy pretrial detention was a significant problem. As of October, 30 percent of the general prison population was in pretrial detention. Some persons remained in pretrial detention longer than the maximum legal sentences for their alleged crimes. In such circumstances detainees may request a Supreme Court review of their continued detention.

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Although government officials generally were cooperative and responsive to these groups, officials expressed reluctance to discuss certain issues, such as extrajudicial killings and IDPs, with the PDDH.

Government Human Rights Bodies: The principal human rights investigative and monitoring body was the autonomous PDDH, whose head is nominated by the Legislative Assembly for a three-year term. The PDDH regularly issued advisory opinions, reports, and press releases on prominent human rights cases. The PDDH generally enjoyed government cooperation and was considered generally effective except on problems relating to criminal groups and gangs.

The PDDH maintained a constructive dialogue with CAPRES. The government publicly acknowledged receipt of reports, although in some cases it did not take action on recommendations, which are nonbinding. The PDDH faced threats, such as two robberies at its headquarters specifically targeting computers containing personally identifiable information.

Ethiopia

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

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were numerous reports that the government and its representatives committed arbitrary and unlawful killings. Security forces used excessive force against civilians.

A July 31 report from the independent nongovernmental organization (NGO) Human Rights Council (HRCO) that documented field investigations in 26 districts across seven zones in the Oromia and Somali Regions found that federal and regional security forces, as well as mobs of local youth, killed 733 citizens between January 2017 and January 2018.

On April 8, during the SOE, a military officer in Qobo town, East Haraghe Zone of Oromia Region, reportedly severely assaulted, shot, and killed 20-year-old Ayantu Mohammed, a mother of one who was three months’ pregnant, after abducting her from the street. According to a local media report, neighbors found Ayantu’s body dumped in their neighborhood the following day. Local police reported they disarmed and arrested the suspected military officer.

On August 4, violence reportedly involving regional security forces left at least 30 citizens dead in Jijiga, capital of the Somali Region, and nearby towns. In cascading violence shortly thereafter, communal violence in Dire Dawa left 14 individuals dead, including a woman and her four children, according to an August 7 press release by HRCO. On August 12, a heavily armed group of Somali Region’s special police force, sometimes referred to as the Liyu, attacked residents in Mayu Muluke District in East Hararghe Zone, Oromia, killing 40 persons and injuring 40. Oromia Region’s government spokesperson told local media that the attackers took orders from individuals opposing the federal government.

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

Although the constitution prohibits such practices, there were reports that security officials tortured and otherwise abused detainees.

In October 2017 the Ethiopian Human Rights Commission (EHRC), a government human rights body, issued a report on its investigation following formal complaints from inmates that prison officials and police officers committed human rights violations, including torture, at the Shoa Robit Federal Prison between September and November 2016. The inmates told the EHRC that prison officials in Shoa Robit Prison subjected them to electric shocks, severe beatings, hanging heavy water bottles from genitals, handcuffing and tying inmates to beds, and soaking them with water. Muslim inmates reported the officers shouted anti-Muslim words and further harassed, threatened, and intimidated them based on their religious beliefs. Twelve inmates reported officers singled them out, handcuffed them, and tied them to their beds from September 22 until November 19, 2016. The EHRC investigation documented several body injuries on 16 inmates. These marks included deeply scarred hands and legs, broken fingers, marks left by extended handcuffing, flogging marks on the back, mutilated nails, broken arms, and head injuries. The team cross-referenced these marks with the body marks registered in the intake files of each inmate and concluded these injuries occurred in prison.

During a court session in December 2017, inmates criticized the report for documenting torture of only 16 inmates, claiming 176 inmates were tortured in Shoa Robit Prison. They also objected to the report’s failure to hold prison officials or Federal Police officers who carried out the torture accountable for their actions. The report’s failure to determine who was responsible, directly or indirectly, for the documented torture undermined the credibility of the EHRC in the eyes of prison reform activists.

In July Human Rights Watch (HRW) published a report documenting torture, rape, long-term arbitrary detention, and inhuman detention conditions in Jijiga Central Prison between 2011 and early this year. Many of the former prisoners interviewed said they saw detainees dying in their cells after officials abused them. Former female prisoners reported multiple incidents of rape. Prison guards and the region’s special police allegedly brutalized prisoners, at the behest of regional authorities. According to HRW the prison was subject to virtually no oversight. The cycle of abuse, humiliating treatment, overcrowding, inadequate food, sleep deprivation, and lack of health care in Jijiga Central Prison, also referred to as Jail Ogaden, was consistent with the government’s long-standing collective punishment of persons who were perceived to support the Ogaden National Liberation Front (ONLF), previously designated by the government as a terrorist organization, a designation removed in June.

Multiple sources reported general mistreatment of detainees at official detention centers, unofficial detention centers, police stations, and in Kilinto federal prison. Interrogators administered beatings and electric shocks to extract information and confessions from detainees. Police investigators used physical and psychological abuse to extract confessions.

On April 6, following through on a January 3 EPRDF decision under the leadership of the former prime minister, the government announced the closure of Maekelawi, the federal crime investigation and detention center in Addis Ababa and the site of many reports of prisoner abuse in past years. Officials transferred the detainees in the center to another facility.

The United Nations reported it received one allegation of sexual exploitation and abuse against a peacekeeper from Ethiopia deployed with the UN Mission in Liberia. The case alleged sexual exploitation (exploitative relationship). Investigations by both the United Nations and Ethiopia were pending.

Prison and Detention Center Conditions

Prison and pretrial detention center conditions remained harsh and in some cases life threatening. There were reports that authorities physically abused prisoners in detention centers, military facilities, and police stations. Problems included gross overcrowding and inadequate food, water, sanitation, and medical care. Pretrial detention often occurred in police station detention facilities, where conditions varied widely and where reports stated there was poor hygiene and police abuse of detainees.

During the SOE the government operated detention centers in six zones–Addis Ababa, Hawassa, Dire Dawa, Nekemte, Bahir Dar, and Semera. In March the State of Emergency Inquiry Board announced the SOE Command Post detained 1,107 individuals in the six zones. The main reasons given by the government for these arrests included murder, destruction of public service utilities, road blockade, demolishing of public documents, trafficking illegal firearms, and inciting activities that cause ethnic conflicts. Although conditions varied, problems of gross overcrowding and inadequate food, water, sanitation, and medical care were common at sites holding SOE detainees.

Physical Conditions: Severe overcrowding was common, especially in prison sleeping quarters. For example, in 2016 the EHRC visited a prison cell in Shoa Robit Federal Prison and found that its two small windows did not allow enough light into the estimated 40-square-meter (430-square-foot) cell, which was extremely small to house 38 inmates. Authorities sometimes incarcerated juveniles with adults. Prison officials generally separated male and female prisoners, although mixing occurred at some facilities. Medical attention following physical abuse was insufficient in some cases.

The government budgeted approximately nine birr ($0.32) per prisoner per day for food, water, and health care, although this amount varied across the country. According to the World Bank, the country’s per capita GDP was $1.50 per day. Many prisoners supplemented this support with daily food deliveries from family members or by purchasing food from local vendors. Reports noted officials prevented some prisoners from receiving food from their families, and some families did not know of their relatives’ locations. Medical care was unreliable in federal prisons and almost nonexistent in regional ones. Prisoners had only limited access to potable water. Water shortages caused unhygienic conditions, and most prisons lacked appropriate sanitary facilities. Many prisoners had serious health problems but received little or no treatment. There were reports prison officials denied some prisoners access to needed medical care.

Visitors to political prisoners and other sources reported political prisoners often faced significantly different treatment compared with other prisoners. Allegations included lack of access to proper medication or medical treatment, lack of access to books or television, and denial of exercise time.

Administration: In July the government fired five federal prison officials following state media reports of allegations of abuse. There were reports that prisoners mistreated by prison guards did not have access to prison administrators or ombudspersons to register their complaints. Legal aid clinics operated in some prisons. At the regional level, these clinics had good working relations with judicial, prison, and other government officials. Prison officials allowed some detainees to submit complaints to judicial authorities without censorship, but courts sometimes declined to hear such complaints.

The law generally provides visitor access for prisoners. Authorities, however, denied some indicted defendants visits with their lawyers or with representatives of their political parties. In some cases police did not allow pretrial detainees access to visitors, including family members and legal counsel. Prison regulations stipulate that lawyers representing persons charged with terrorism offenses may visit only one client per day, and only on Wednesdays and Fridays. Authorities denied family members’ access to persons charged with terrorist activity.

Officials permitted religious observance by prisoners, but this varied by prison and even by section within a prison. There were allegations authorities denied detainees adequate locations in which to pray.

Independent Monitoring: The International Committee of the Red Cross (ICRC) visited prisons throughout the country during the year as part of its normal activities. During the SOE access to prisoners was limited, but once the SOE was lifted in June, the ICRC enjoyed improved access to multiple prisons. The government did not permit access to prisons by other international human rights organizations.

Regional authorities allowed government and NGO representatives to meet with prisoners without third parties present. The EHRC monitored federal and regional detention centers and interviewed prison officials and prisoners in response to allegations of widespread human rights abuses. The NGO Justice for All-Prison Fellowship Ethiopia (JPA-PFE) had access to multiple prison and detention facilities around the country.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention; however, SOE regulations allowed law enforcement officers to arrest and detain individuals without a court warrant and hold detainees for longer than prescribed under normal, non-SOE legal precedents. There were reports of hundreds of arbitrary arrests and detentions related to the SOE targeting protesters, professors, university students, musicians, businesspersons, health workers, journalists, children, and others.

ROLE OF THE POLICE AND SECURITY APPARATUS

The Federal Police report to the newly created Ministry of Peace as of October and are subject to parliamentary oversight. That oversight was limited. Each of the nine regions has a regional or special police force that reports to regional civilian authorities. Local militias operated across the country in loose and varying coordination with these regional police, the Federal Police, and the military. In some cases militias functioned as extensions of the ruling party. Local militias are members of a community who handle standard security matters within their communities, primarily in rural areas. Local government authorities provided select militia members with very basic training. Militia members serve as a bridge between the community and local police by providing information and enforcing rules. The military played an expanded role with respect to internal security during the SOE.

Impunity remained a problem, including for killings and other violence against protesters. An internal investigation process existed within the police forces, although officials acknowledged that it was inadequate, and there were continued efforts to reform and modernize these internal mechanisms. There were no public reports documenting internal investigations of the federal police for possible abuses during the SOE. The government rarely disclosed the results of investigations into abuses by local security forces, such as arbitrary detention and beatings of civilians.

The government supported limited training on human rights for police and army personnel. It accepted assistance from NGOs and the EHRC to improve and professionalize training on human rights by including more material on the constitution and international human rights treaties and conventions. Additionally, the Ethiopian National Defense Force routinely conducted training on human rights, protection of civilians, gender-based violence, and other courses at the Peace Support Training Center in Addis Ababa.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The constitution and law require detainees to appear before the court and face charges within 48 hours of arrest or as soon thereafter as local circumstances and communications permit. Travel time to the court is not included in this 48-hour period. With a warrant authorities may detain persons suspected of serious offenses for 14 days without charge and for additional and renewable 14-day periods during a pending investigation. The courts allowed security officials to continue investigations for more than 14 days without bringing formal charges against suspects.

Under the Anti-Terrorism Proclamation (ATP), police may request to detain persons without charge for 28-day periods, up to a maximum of four months, during an investigation. The law permits warrantless arrests for various offenses including “flagrant offenses.” These include suspects apprehended while committing an offense, attempting to commit an offense, or having just completed an offense.

The law prohibits detention in any facility other than an official detention center; however, local militias and other formal and informal law enforcement entities operated an unknown number of unofficial detention centers.

A functioning bail system was in place. Bail was not available for persons charged with terrorism, murder, treason, and corruption. In other cases the courts set bail between 500 and 10,000 birr ($18 and $357), which most citizens could not afford. The government provided public defenders for detainees unable to afford private legal counsel, but defendants received these services only when their cases went to court and not during the critical pretrial phases. In some cases a single defense counsel represented multiple defendants in a single case. There were reports that while some detainees were in pretrial detention, authorities allowed them little or no contact with legal counsel, did not provide full information on their health status, and did not allow family visits. There were reports officials sequestered prisoners for weeks at a time and placed civilians under house arrest for undisclosed periods.

The constitution requires authorities under an SOE to announce the names of detainees within one month of their arrest. Authorities generally published the names of those detained under the SOE but not always within the 30-day period. Civilians were not always able to locate the rosters of names of those imprisoned.

Arbitrary Arrest: Authorities regularly detained persons arbitrarily, including protesters, journalists, and opposition party members. There were hundreds of reports of arbitrary arrest by security forces.

On March 25, government security forces arrested journalists Eskinder Nega and Temesgen Desalegn; bloggers Mahlet Fantahun, Befekadu Hailu, Zelalem Workagegnehu, and Fekadu Mahetemework; and activists Andualem Arage, Addisu Getaneh, Yidnekachew Addis, Tefera Tesfaye, and Woynshet Molla while they gathered at the residence of journalist Temesgen Desalegn in Addis Ababa for the improper display of the national flag. Police first took the 11 to a police station in Addis’ Jemo District but transferred them to another station in Gotera-Pepsi area during the night. On April 5, authorities released the 11 detainees in Addis Ababa without formal charges.

According to a March 31 statement from the SOE Inquiry Board, security forces detained 1,107 individuals suspected of violating the SOE rules.

Pretrial Detention: Some detainees reported indefinite detention for several years without charge or trial. The percentage of the inmate population in pretrial detention and average length of time held was not available. Lengthy legal procedures, large numbers of detainees, judicial inefficiency, and staffing shortages contributed to frequent trial delays, in some cases years. SOE regulations allowed authorities to detain a person without a court order until the end of the SOE. At the conclusion of the SOE, several hundred individuals remained remanded and awaiting trial.

Detainees’ Ability to Challenge Lawfulness of Detention before a Court: The law requires officials to inform detainees of the nature of their arrest within a specific period time, which varies based on the severity of the allegation. It also provides persons accused of or charged with a crime the ability to appeal. During the year no cases were brought to the courts by individuals claiming unlawful detention. There were reports of hundreds of arbitrary arrests and detentions related to the SOE. The criminal law does not provide compensation for unlawfully detained persons.

Amnesty: The federal and regional governments released 9,702 prisoners in the six weeks following the former prime minister’s announcement of prisoner releases on January 3. During these weeks the government released the vast majority of imprisoned high-profile opposition politicians, journalists, and activists.

The federal attorney general dropped charges and/or granted pardons to 744 individuals charged with or convicted of crimes of terrorism and corruption. Of that number, 576 were convicted and serving prison terms, while 168 were still on trial. The majority, more than 500, walked out of prisons on May 29. The justifications provided by the government for the releases included remorse by the convicts, abatement of the threat to society, and ability to contribute to the continued widening of political space. Senior opposition politicians, journalists, activists, and government officials charged with terrorism and corruption were included in those released.

On May 29, authorities released Ethiopian-born British citizen Andargachew Tsige, second in command of Patriotic Ginbot 7 (PG7), a former government-designated terror organization delisted in June, on a “pardon under special circumstances.” Detained in 2014, Andargachew was serving two life sentences and was sentenced to the death penalty.

On July 20, the HPR, in an emergency session passed a bill providing amnesty for individuals and groups under investigation, on trial, or convicted of various crimes. The law applies to persons and organizations convicted of crimes committed before June 7. The federal attorney general announced that those seeking amnesty must register within six months from July 23. On August 23, the federal attorney general announced 650 prisoners in four federal prisons benefitted from releases via either a pardon or the granting of amnesty. The government granted amnesty to more than 200 of these prisoners in accordance with the amnesty proclamation.

In September, in keeping with a long-standing tradition of issuing pardons at the Ethiopian New Year, four regional governments released 8,875 persons. Prisoners who had served a third of their sentences, female prisoners with babies, the elderly, and those with serious health problems primarily benefitted from the pardon. Prisoners sentenced to death and those convicted of corruption, kidnapping, or rape did not qualify for Ethiopian New Year’s pardons.

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The government limited freedoms of peaceful assembly and association.

FREEDOM OF PEACEFUL ASSEMBLY

The constitution and law provide for freedom of assembly; SOE regulations, however, prohibited demonstrations and town hall meetings that did not have approval from the Command Posts, in some cases federal and in other cases more local bodies. After the lifting of the SOE, security forces’ response to protests showed signs of increasing restraint. In July and August Federal Police and Addis Ababa police provided security to at least three large peaceful demonstrations staged without prior notification to the authorities in Addis Ababa.

Prior to the SOE, organizers of public meetings of more than two persons or demonstrations had to notify the government 48 hours in advance and obtain a permit. Authorities could not refuse to grant a permit but could require changing the location or time for reasons of public safety or freedom of movement. If authorities require an event be moved to another place or time, by law authorities must notify organizers in writing within 12 hours of their request.

The EPRDF used its own conference centers in Addis Ababa, the regional capitals, and government facilities for meetings and events. Following the imposition of the SOE, the prohibition on unauthorized demonstrations or town hall meetings severely limited the organization of meetings, training sessions, and other gatherings, especially for civil society and opposition political parties, who repeatedly reported being intimidated by authorities concerning organizing under SOE regulations.

FREEDOM OF ASSOCIATION

Although the law provides for freedom of association and the right to engage in unrestricted peaceful political activity, the government severely limited this right (see sections 3 and 5).

The SOE and the accompanying regulations restricted the ability of labor organizations to operate (see section 5). Regulations prohibited exchanging information or having contact with a foreign government or NGOs in a manner that undermines national sovereignty and security, and this reduced communication between local and international organizations.

The Charities and Societies Proclamation (CSP), also called the Civil Society Organizations (CSO) law, bans anonymous donations to NGOs and political parties. All potential donors were therefore aware their names would be on the public record. A 2013 report by the UN special rapporteur on the rights to freedom of peaceful assembly and association stated, “The enforcement of these provisions has a devastating impact on individuals’ ability to form and operate associations effectively.” For example, international NGOs seeking to operate in the country had to submit an application via the country’s embassies abroad, which the Ministry of Foreign Affairs then submitted to the government’s Charities and Societies Agency for approval. Prime Minister Abiy prioritized the reform of the CSP, along with the ATP and media law, as a mechanism to foster change in a process managed by the attorney general.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

Very few domestic human rights groups operated due to significant government restrictions during the first half of the year. The resource-challenged HRCO is the sole local, independent human rights group. It is a membership-based, nonpartisan, nongovernmental, and not-for-profit entity. With more than a hundred reports to date since its inception, HRCO remained the only nongovernmental human rights monitoring and reporting group. Its reports during the year documented ethnically motivated attacks, clashes, and displacement. The government was generally distrustful and wary of domestic and international human rights groups and observers, but that attitude and distrust appeared to be changing. State-controlled media were critical of international human rights groups such as Human Rights Watch. On August 16, four local charities and rights organizations launched a new rights group, Consortium of Ethiopian Rights Organizations, which focuses on advocacy for human rights groups and broader space for rights-advocacy groups to operate.

The CSO law prohibits NGOs that receive more than 10 percent of their funding from foreign sources from engaging in a wide range of activities. Prohibited activities include those that advance human and democratic rights or promote equality of nations, nationalities, peoples, genders, and religions; the rights of children and persons with disabilities; conflict resolution or reconciliation; or the efficiency of justice and law enforcement services. The law severely curtails civil society’s ability to raise questions of good governance, human rights, corruption, and transparency. Either local NGOs must cease advocacy work (so that they may accept funding in excess of the 10 percent limit) or register in a different area of focus not subject to this restriction. There were a few NGOs with waivers of this provision of the CSO law.

The SOE and the accompanying regulations restricted the ability of NGOs to operate. The prohibitions relating to communication and acts that undermine tolerance and unity resulted in broad self-censorship of reports and public statements. The prohibition on unauthorized town hall meetings limited the organization of meetings, training sessions, and other gatherings. The obligation of all organizations to give information when asked by law enforcement officers raised multiple concerns regarding confidentiality of information.

The government denied most NGOs access to federal prisons, police stations, and other places of detention. The government did permit Justice For All – Prison Fellowship Ethiopia to visit prisoners; this organization had an exemption enabling it to raise unlimited funds from foreign sources and to engage in human rights advocacy. Some other NGOs played a positive role in improving prisoners’ chances for clemency.

Authorities limited access of human rights organizations, media, humanitarian agencies, and diplomatic missions in certain areas. The government continued to lack a clear policy on NGO access to sensitive areas and regions, leading regional government officials and military officials frequently to refer requests for NGO access to federal government authorities. Officials required journalists to register before entering sensitive regions and in some cases denied access. There were reports of regional police or local militias blocking NGO access to particular locations for a specific period, citing security risks.

Government Human Rights Bodies: The Office of the Ombudsman has the authority to investigate complaints of administrative mismanagement by executive branch offices and officials, including investigation into prison conditions. The office reported it opened investigations into 1,360 complaints from July 2017 to May. The institution determined executive bodies committed poor administrative practices in 714 of the cases. The most serious malpractices related to illegal distribution of basic food items and consumer goods that the government subsidized in Addis Ababa, SNNPR, Amhara, Oromia, and Gambella Regions. The institution also reported mismanagement in the areas of housing and construction as well as land management and compensation.

The institution presented its findings with recommendations to relevant authorities and followed up on those recommendations. While the majority of the agencies followed the recommendations and took corrective measures, 38 offices were reluctant to do so.

The EHRC conducted research on the human rights situation and investigated human rights violations in the Somali and Oromia conflicts, as well as the conflict between west Guji Zone in Oromia and Gedeo Zone in SNNPR. The commission did not publicize the findings of these reports. The EHRC reported to local media that a group of youths and regional security forces attacked its branch office in Jijiga, Somali Region, during the wide-ranging violence the region saw on August 4. EHRC staff suffered direct attacks and their local office was burned. Officials said they believed the attackers were trying to destroy evidence of the commission’s investigation into human rights abuses in the area.

Fiji

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

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

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

In November, two police officers appeared in court on charges related to the death of 26-year-old Josua Lalauvaki. The officers allegedly assaulted Lalauvaki during an altercation outside a Suva nightclub in September. After police released him, Lalauvaki died in the hospital from injuries sustained from the beating.

Eight police officers and a soldier remained in prison for the 2016 rape, sexual assault, and death of robbery suspect Vilikesa Soko. The appellate court has not set a date for their appeal.

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

The constitution and law prohibit torture, forced medical treatment, and degrading treatment or punishment. The Public Order Act (POA), however, authorizes the government to use whatever force it deems necessary to enforce public order. There were reports security forces abused persons during the year.

The investigation into the death of Vikram Nand, found dead in a cell at a local police station in Valelevu in 2017, remained pending, as did an investigation initiated in 2017 into reports two police officers beat and threw two persons from a moving bus (which was captured on video).

Investigations into several other past allegations of police abuse also remained pending, including a 2016 complaint by farmer Alipate Sadranu that security forces beat him and 10 other men whom they apprehended for unlawful cultivation of illicit drugs and the 2015 alleged abuse of Sakiusa Niulala by police.

In 2017 the United Nations received one allegation of sexual exploitation and abuse committed by a Fijian peacekeeper in Beirut, Lebanon. The accusation of transactional sex in September 2017 was made against a member of the military contingent serving with the UN Disengagement Observer Force. The Fiji government concluded its investigation and found the allegation was substantiated. The United Nations repatriated the peacekeeper to Fiji where authorities took disciplinary action and dismissed him from the Fiji military.

Prison and Detention Center Conditions

The national prison system remained overcrowded, with deteriorating infrastructure and complaints about inadequate essential services.

Physical Conditions: Prisons were somewhat overcrowded, holding more than 1,400 inmates in facilities designed for 1,000. There were insufficient beds, inadequate sanitation, and a shortage of other necessities. Authorities generally separated pretrial detainees and convicted prisoners at shared facilities, although in some cases authorities held them together. Prison facilities reportedly were unsuitable for inmates with physical and mental disabilities.

In October authorities fired a corrections officer and suspended five others after they assaulted a prisoner and then denied him medical treatment at a Suva remand center.

A police investigation into a 2016 case involving the alleged rape of a female inmate by a corrections officer was completed, and the case was pending trial at Suva’s high court. Government officials reported one inmate death, reportedly from natural causes, during the year.

Administration: Prisoners may submit complaints to the Fiji Human Rights and Anti-Discrimination Commission (FHRADC), which investigated several complaints during the year.

The law allows prisoners to submit complaints to judicial authorities. Although the law prohibits authorities from reviewing, censoring, or seizing prisoner letters to the judiciary and the FHRADC, authorities routinely reviewed such letters and, in most cases, seized them. Authorities did not investigate or document credible allegations of inhuman conditions in a publicly accessible manner.

Independent Monitoring: The International Committee of the Red Cross, the Office of the United Nations High Commissioner for Human Rights, and the FHRADC visited official detention facilities and interviewed inmates; prison authorities permitted such visits without third parties present.

Improvements: During the year the government completed construction on a new 200-inmate remand center to alleviate overcrowding at the corrections facility in Lautoka. The government also completed construction of a facility for inmates requiring psychiatric care.

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, and the government generally observed these requirements. The law details procedures for lawful arrest. The POA authorizes security forces to detain a person for a maximum 16 days before bringing charges; the minister of defense and national security must authorize detention without charge exceeding 48 hours. There were no reports of unlawful detention during the year.

ROLE OF THE POLICE AND SECURITY APPARATUS

The Ministry of Defense and National Security oversees both the Fiji Police Force and the Republic of Fiji Military Force (RFMF). Police are responsible for law enforcement and the maintenance of internal security. The RFMF is responsible for external security. The POA authorizes soldiers to perform the duties and functions of police and prison officers in specific circumstances.

The police Ethical Standards Unit is responsible for investigating complaints of police misconduct. In May, three police officers were charged for the 2014 indecent assault of a female police officer, including a charge of conspiring to obstruct justice for attempting to influence the female officer to withdraw the allegation.

Four military officers were charged and court martialed for the sexual assault and rape of a female military officer in March; the outcome remained pending.

The Fiji Independent Commission against Corruption (FICAC) reports directly to the president and investigates public agencies and officials, including police. Following investigations by FICAC, a senior police officer in the Border Police Unit appeared in court in June for refusing to provide information in a bribery-related case; the court convicted him and suspended his sentence.

To increase respect for human rights by security forces, the FHRADC, international organizations, and local nongovernmental organizations (NGOs) conducted a number of human rights training courses with law enforcers.

Impunity remained a problem in some politically connected cases. The constitution and POA provide immunity from prosecution for members of the security forces for any deaths or injuries arising from the use of force deemed necessary to enforce public order. The constitution provides immunity for the president, prime minister, members of the cabinet, and security forces for actions taken relating to the 2006 coup, the 2009 abrogation of the 1997 constitution, and the 2000 suppression of a mutiny at military headquarters.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The constitution provides that detained persons be charged and brought to court within 48 hours of arrest or as soon as practicable thereafter, and that right was generally respected. Police officers may arrest persons without a warrant.

Police also conduct arrests in response to warrants issued by magistrates and judges. Police may detain persons under the POA for a maximum of 16 days, after which authorities must charge or release persons in custody. There is no legal requirement to bring to court persons detained under provisions of the POA for judicial review of the grounds for their detention, unless authorities charge them with an offense. The POA prohibits any court, tribunal, or other body from reviewing a detention under POA provisions.

The law provides accused persons the right to bail, unless it is “not in the interests of justice” to grant bail. Under the law both police and the courts may grant bail. Although there is a legal presumption in favor of granting bail, the prosecution may object, and often did so in cases where the accused was appealing a conviction or had previously breached bail conditions. An individual must apply for bail by a motion and affidavit that require the services of a lawyer.

Authorities generally allowed detainees prompt access to counsel and family members. The Legal Aid Commission provided counsel to indigent defendants in criminal cases, a service supplemented by voluntary services from private attorneys. The “First Hour Procedure,” began in 2016, requires police to provide every suspect with legal aid assistance within the first hour of arrest. In addition, police are required to record the “caution interview” with each suspect before questioning, to confirm police informed all suspects of their constitutional rights, and to confirm whether suspects suffered any abuse by police prior to questioning.

Pretrial Detention: The number of pretrial detainees was 21 percent of the total prison population, attributed to a continuing pattern of bail refusal by the courts. A shortage of prosecutors and judges contributed to slow processing of cases. Consequently, some defendants faced lengthy pretrial detention.

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association; however, the government may restrict these freedoms in some cases.

FREEDOM OF PEACEFUL ASSEMBLY

The constitution provides for freedom of peaceful assembly but allows the government to limit this right in the interests of national security, public safety, public order, public morality, public health, and the orderly conduct of elections. The constitution also allows the government to limit freedom of assembly to protect the rights of others and imposes restrictions on a public official’s right to freedom of assembly.

The POA allows the government to refuse permit applications for any meeting or demonstration deemed to prejudice peace, public safety, and good order or to sabotage or attempt to undermine the economy. It also allows authorities to use whatever force necessary to prohibit or disperse public and private meetings after “due warning” to preserve public order.

Although event organizers said authorities were sometimes very slow to issue permits, they granted permits for public rallies in support of UN Human Rights Day and the 16 Days of Activism against Domestic Violence Campaign but denied a permit for a public service union to protest.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association but limits this right in the interests of national security, public order, and morality and also for the orderly conduct of elections. It allows the government to regulate trade unions and collective bargaining processes, strikes and lockouts, and essential industries in the interests of the economy and population (see section 7.a.). The government generally did not restrict membership in NGOs, professional associations, and other private organizations.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were somewhat cooperative and responsive to their views.

The law constrained NGO operations in several ways. For example, the law includes criticism of the government in its definition of sedition; the POA contains a broad prohibition of any speech that could damage the economy; and media law authorizes the government to regulate media content.

Government Human Rights Bodies: The constitution establishes the FHRADC, and it continued to receive reports of human rights violations lodged by citizens. While the FHRADC routinely worked with the government to improve certain human rights matters (such as prisoner treatment), observers reported the FHRADC failed to address adequately some key human rights matters, such as the spate of sedition trials, leading those observers to assess the FHRADC as progovernment. In 2016 the FHRADC confirmed it received 703 complaints of human rights violations since 2013.

Gabon

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

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

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

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

The constitution prohibits such practices, but security force personnel sometimes employed cruel and degrading treatment.

For example, in January, Bertrand Zibi Abeghe, a former member of parliament, stated he was subjected to mistreatment and torture while in detention after a mobile phone was found in his cell at the Libreville Central Prison. His lawyer stated that prison officials beat him with police batons, pickaxe handles, and electric cables. After his lawyer filed a complaint concerning mistreatment, the prison director was replaced.

Refugees complained of harassment and extortion by security forces. According to reports from the African immigrant community, police and soldiers occasionally beat noncitizen Africans who lacked valid resident permits or identification. Authorities sometimes detained noncitizen Africans, ordered them to undress to humiliate them, and exacted bribes from them.

The United Nations reported that it received one allegation of sexual exploitation (transactional sex) and abuse against two Gabonese peacekeepers deployed with the UN Multidimensional Integrated Stabilization Mission in the Central African Republic. Investigations by UN and Gabonese authorities were pending at year’s end along with investigation of three allegations of sexual exploitation (exploitative relationships) and abuse (rape, including of minors) against at least 20 Gabonese peacekeepers reported in prior years.

Prison and Detention Center Conditions

Prison conditions were harsh and potentially life threatening due to low-quality food, inadequate sanitation, lack of ventilation, gross overcrowding, and poor medical care. Conditions in jails and detention centers mirrored those in prisons. There were no specific accommodations for persons with disabilities in prisons.

Physical Conditions: Libreville’s central prison was severely overcrowded; it was built to hold 500 inmates but held approximately 3,000. Reports also indicated overcrowding in other prisons.

No credible data or estimates were available on the number of deaths in prisons, jails, and pretrial detention or other detention centers attributed to physical conditions or actions of staff members or other authorities.

In some cases authorities held pretrial detainees with convicted prisoners, juveniles with adults, and men with women. Authorities separated juvenile prisoners from adults in Libreville and Franceville prisons. There were separate holding areas within prisons for men and women, but access to each area was not fully secured or restricted. Prisoners had only limited access to food, lighting, sanitation, potable water, and exercise areas. On-site nurses were available to provide basic medical care, but prison clinics often lacked sufficient medication. For serious illnesses or injury, authorities transferred prisoners to public hospitals. Management of the spread of infectious diseases, such as HIV/AIDS and tuberculosis, was inadequate.

Administration: Prisoners filed few complaints. Observers believed the low incidence of complaints was due to ignorance of, or lack of faith in, the process, or fear of retribution. There was no prison ombudsperson or comparable independent authority available to respond to prisoner complaints.

Independent Monitoring: The government permitted human rights organizations to conduct independent monitoring of prison conditions, but there were reports of difficulties in obtaining access to prisons. The local nongovernmental organization (NGO) Malachie visited prisons.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention and provide for detainees or persons arrested to challenge the legal basis and arbitrary nature of their detention; however, the government did not always respect these provisions. Security forces arbitrarily arrested and briefly detained civil society and labor leaders following peaceful protests and marches.

ROLE OF THE POLICE AND SECURITY APPARATUS

The national police, under the Ministry of Interior, and the gendarmerie, under the Ministry of Defense, are responsible for law enforcement and public security. Elements of the armed forces and the Republican Guard, an elite unit that protects the president under his direct authority, sometimes performed internal security functions. Civilian authorities maintained effective control over the national police, gendarmerie, republican guard, and all other branches of the security forces, and the government had mechanisms to investigate and punish those found responsible for abuse and corruption. Nevertheless, impunity was a significant problem.

Some police were inefficient and corrupt. Security force members sought bribes to supplement their salaries, often while stopping vehicles at legal roadblocks to check vehicle registration and identity documents. The Inspector General’s Office was responsible for investigating police and security force abuse and corruption. Information on effectiveness of this office was not available.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Although the law requires arrest warrants based on sufficient evidence and issued by a duly authorized official to make arrests, security forces in some cases disregarded these provisions. The law allows authorities to detain a suspect up to 48 hours without charge, after which it requires the suspect be charged before a judge. Police often failed to respect this time limit. Once a person is charged, the law provides for conditional release if further investigation is required. There was a functioning bail system. Detainees did not always have prompt access to family members and a lawyer of their choice. The law requires the government to provide indigent detainees with lawyers, but this was not always possible, often because the government could not find lawyers willing to accept the terms of payment offered for taking such cases. Arrests required warrants issued by a judge or prosecutor based on evidence.

Authorities did not detain suspects incommunicado or hold them under house arrest.

Arbitrary Arrest: Unlike in prior years, there were no reports of arbitrary arrests. In August and September 2017, authorities arrested the spokesperson for the opposition Coalition for the New Republic, Frederic Massavala-Maboumba, and Deputy Secretary General Pascal Oyougou of the Heritage and Modernity Party and charged them with “provocation and instigation of acts likely to provoke demonstrations against the authority of the State.” As of December no trial date had been set for Oyougou or Massavala; both remained in detention.

Pretrial Detention: Prolonged pretrial detention was common due to overburdened dockets and an inefficient judicial system. The law limits pretrial detention to six months for a misdemeanor and one year for a felony charge, with six-month extensions if authorized by the examining magistrate. The law provides for a commission to deal with cases of abusive or excessive detention and provides for compensation to victims, but the government had yet to establish such a commission. Approximately two-thirds of prison inmates were held in pretrial detention that could sometimes last up to three years. There were instances in which the length of pretrial detention exceeded the maximum sentence for the alleged crime. Detainees generally lacked knowledge of their rights and the procedure for submitting complaints, and may not have submitted complaints due to fear of retribution.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: The law provides for detainees or persons arrested to challenge the legal basis and arbitrary nature of their detention. The law also provides for compensation if a court rules detention unlawful. Authorities did not always respect these rights.

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The government limited freedom of peaceful assembly.

FREEDOM OF PEACEFUL ASSEMBLY

The constitution and law provide for freedom of assembly; however, the government did not consistently respect this right. In August 2017 parliament enacted a law that placed restrictions on freedom of assembly. On August 28, authorities prohibited union leaders from holding a march to protest austerity measures. Authorities detained several individuals who attempted to march but released them after a few hours without charge. There were reports the government failed to approve permits for public meetings. Some civil society activists stated they did not submit requests to hold public meetings because they expected the government would deny them.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

A number of domestic human rights groups operated, albeit with government restrictions, investigating and publishing their findings on human rights cases. Several human rights NGOs reported governmental intimidation and a general lack of responsiveness to their views.

Government Human Rights Bodies: The Ministry of Justice and Human Rights coordinates government efforts to improve respect for human rights, organize human rights training for government officials, and address major human rights problems. The National Human Rights Commission, composed of representatives from civil society, media, religious groups, and the judiciary had a degree of independence. Commission members provided basic human rights training to police and gendarmes and inspected detention conditions at Libreville police stations.

Georgia

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

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There was one allegation that the government or its agents committed an unjustified killing. There was at least one report of de facto authorities in the Russian-occupied regions of Georgia committed an arbitrary on unlawful killing.

Eighteen-year-old Temirlan Machalikashvili died in a Tbilisi hospital on January 10 after security forces shot him during a counterterrorism raid in the Pankisi Gorge in December 2017. His father, Malkhaz Machalikashvili, alleged the killing was unjustified. The Public Defender emphasized the importance of a transparent, objective, and timely investigation; nongovernmental organizations (NGOs) criticized the subsequent investigation as lacking integrity.

In February de facto South Ossetian authorities arrested ethnic Georgian and former soldier Archil Tatunashvili near the ABL. Tatunashvili died in custody. After initially refusing to return his remains, the de facto authorities released the body to Georgian authorities in March. An autopsy found that his organs had been removed, and the government determined Tatunashvili had been tortured.

In June the government published the “Otkhozoria-Tatunashvili list,” named for Tatunashvili and another citizen, Giga Otkhozoria, who was killed by de facto Abkhaz authorities in 2016. The list named 33 alleged human rights violators accused of committing grave acts against Georgians in the occupied territories; the government imposed sanctions on the 33 persons named, including restrictions on finances, property, and movement.

On October 30, Tbilisi City Court found former deputy defense minister Davit Akhalaia guilty in connection with the high-profile murder of Sandro Girgvliani in 2006 and the kidnapping of Vamekh Abulashvili and Kakha Dabrundashvili in 2005. The court convicted Akhalaia of abuse of power, illegal deprivation of human liberty, and humiliation of human dignity, and it sentenced him in absentia to seven years and six months in jail.

The Chief Prosecutor’s Office (CPO) announced October 17 that it was reinvestigating the 2008 death of Badri Patarkatsishvili, after the Office released audio tapes dating back to 2007 that appeared to reveal the premeditation of his murder. The CPO charged former government officials Levan Kardava, Revaz Shiukashvili, and Giorgi Merebashvili, who were heard on the tapes discussing different methods of murdering Patarkatsishvili that would make the cause of death appear natural. The CPO released an October 17 statement that the murder was planned “on former President Mikheil Saakashvili’s orders” because “Patarkatsishvhili was a political rival and the archenemy of the government.” Some observers, however, alleged the CPO released the tapes for political reasons in context of the presidential election. The investigation was ongoing as of November.

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

While the constitution and law prohibit such practices, there were reports government officials employed them. In its May report to parliament for 2017, the Public Defender’s Office (PDO)stated that effectively combating torture and other forms of cruel, inhuman, or degrading treatment remained “one of the most important challenges of the country.”

The PDO reported it asked the Office of the Chief Prosecutor to investigate 72 allegations of such mistreatment by police officers and prison staff between 2013-17; of these, the prosecutor’s office did not identify any perpetrators according to the PDO. The PDO reported an increase in the number of cases of mistreatment by police it referred to the CPO in 2017 and an increase in 2017 in the rate of injuries sustained by individuals admitted to temporary detention facilities and during or after administrative arrests. Of the 10 cases the PDO asked the prosecutor’s office to investigate in 2017, the prosecutor’s office had not identified any perpetrators according to the PDO’s report to parliament. The PDO continued to consider the existing system of investigation into alleged torture and other mistreatment by law enforcement officials neither effective nor independent. NGOs and the PDO continued to recommend the creation of an independent mechanism to investigate allegations of misconduct. They also continued to call for greater oversight of security officials.

The Georgian Young Lawyers’ Association (GYLA) reported it submitted six complaints of cruel, inhuman, or degrading treatment or punishment from inmates in penitentiary facilities to the CPO for investigation. GYLA also reported it submitted 10 complaints of such treatment by law enforcement officers, compared with five in 2017. In an additional case, GYLA accused the mayor of Marneuli of degrading treatment (see section 3). The CPO opened investigations into the complaints, but had not reached a final decision in any of the cases as of mid-December.

On the 2015 alleged physical assault of lawyer Giorgi Mdinaradze by then head of the Vake-Saburtalo Police No. 5 Lasha Kvirkaia, in March the Tbilisi Court of Appeals upheld the Tbilisi City Court ruling that found Kvirkaia guilty of abuse of power but acquitted him on the charge of violence in October 2017. In response to the CPO’s appeal, the Supreme Court concluded that the abuse of power included violence and sentenced Kvirkaia to five years in prison on October 26. The PDO reported that the prosecution did not submit charges against any additional police officers who allegedly participated in the assault and noted the lower court hearings had been postponed a number of times because police officers called as witnesses did not appear in court.

As of mid-December, several former officials remained on trial at Tbilisi City Court in various cases of torture and other crimes allegedly committed during the time during the former government, including former deputy chief of the general staff Giorgi Kalandadze, former deputy culture minister Giorgi Udesiani, and former director of Gldani No. 8 prison Aleksandre Mukhadze (see Section 1.d). On February 27, the Tbilisi Court of Appeals upheld former deputy defense minister Davit Akhalaia’s 2016 conviction for conspiracy to commit murder and abuse of power during the 2006 Navtlughi special operation that resulted in the killing of three unarmed men. In April Tbilisi City Court convicted former defense minister Bacho Akhalaia of organizing torture and sexual violence.

In June Tbilisi City Court convicted former president Mikheil Saakashvili in absentia and sentenced him to six years in prison for abuse of power for ordering a physical assault of former member of parliament Valery Gelashvili. Ministry of Internal Affairs special forces attacked Gelashvili shortly after a 2005 dispute between Saakashvili and Gelashvili. The United National Movement opposition party claimed the case against Saakashvili was politically motivated.

Prison and Detention Center Conditions

While overall prison and detention facility conditions improved, conditions in some old facilities were inhuman and lacked sufficient ventilation, natural light, minimum living space, and adequate health care.

Inmate-on-inmate violence, criminal subcultures, and informal management remained persistent systemic problems.

Physical Conditions: While the law requires authorities to hold persons in pretrial detention separately from convicted prisoners, the PDO reported overcrowding still led authorities to place persons held in pretrial detention and convicted prisoners together in several prison facilities, especially Gldani #8 and Kutaisi #2.

In July the Ministry of Corrections, which is responsible for the penitentiary system, became part of the Ministry of Justice. According to the Ministry of Justice, 15 prisoners died in the penitentiary system in 2017, compared with 27 in 2016.

While the Ministry of Justice maintained a special medical unit for prisoners with disabilities, the PDO reported prisons and temporary detention centers did not take into account the needs of persons with disabilities, including for medical services. The PDO also noted the majority of institutions failed to compile data on and register the needs of persons with disabilities. According to the Penitentiary Department, some facilities began to adapt their infrastructure to accommodate persons with disabilities (see section 6, Persons with Disabilities).

Prison conditions in Abkhazia and South Ossetia were reported to be chronically substandard.

Administration: The PDO noted there was only one ombudsperson authorized to respond to complaints by prisoners and reported that obstacles such as a lack of information on their rights, fear of intimidation, distrust of the outcome, and lack of confidentiality could deter prisoners from filing complaints with judicial authorities. According to the Ministry of Justice, amendments to the administrative procedure code adopted in June 2017 improved complaint procedures as well as the complaint mechanism with regard to parole decisions.

According to the PDO, records on registering and distributing detainees in temporary detention centers were often incomplete or erroneous.

Independent Monitoring: The government permitted independent monitoring of prison conditions by international prison monitoring organizations, including the Council of Europe’s Committee for the Prevention of Torture, and some local and international human rights groups. The national preventive mechanism operating under the PDO had access to penitentiaries, conducted planned and unscheduled visits, and was allowed to take photographs during monitoring visits. National preventive mechanism members, however, did not have unimpeded access to video recordings of developments in penitentiaries.

The ICRC had full access to prisons and detention facilities in undisputed Georgian territory and some access to prison and detention facilities in South Ossetia. The ICRC did not have access to prisons and detention facilities in Abkhazia.

Improvements: Following the 2017 introduction of house arrest as an alternative to incarceration for adult offenders, the government opened a prerelease center in January that offered both home and work release to inmates who had less than a year of their sentence left to serve. Authorities allowed female inmates with infants and children to leave facilities during the weekends after their child turned three and to keep a baby born in prison with them for up to three years. The government increased the number of local councils (i.e., parole boards) to six in an effort to improve the case review process. The Department of Corrections continued to develop a list of authorized documents inmates may retain in cells, including indictments, court judgments, receipts for personal property held upon intake, and up to 100 pages of their case files. The PDO reported that the Department had not finalized the list despite a 2015 recommendation to do so. In June 2017 Parliament passed legislation, which entered into force in January, to allow low risk inmates and inmates serving sentences in juvenile rehabilitation institutions to acquire higher education. Also in January the Ministry of Internal Affairs launched a project with UNICEF to provide psychological services to juveniles by December. The Ministry of Internal Affairs reported that during the year, it renewed training courses for Temporary Detention Department staff on recording detainees’ injuries, including by photograph, renovated two temporary detention facilities, and opened medical units in four facilities.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his/her arrest or detention in court. The government’s observance of these prohibitions was uneven.

As of November 7, the trial of former justice minister Zurab Adeishvili remained underway in Tbilisi City Court. In 2016 the CPO charged Adeishvili in absentia in connection with the alleged illegal detention and kidnapping of a former opposition leader, Koba Davitashvili, in 2007.

In January Tbilisi Court of Appeals upheld a trial court’s July 2017 decision finding a former senior official of the Ministry of Internal Affairs, David Devnozashvili, and the former director of Gldani Prison #8, Aleksandre Mukhadze, guilty of misuse of power in the 2011 “photographers’ case” in which the previous government arrested four photographers and charged them with espionage. The defendants appealed this decision to the Supreme Court, which declared the appeal inadmissible in June. In response, the CPO motioned the Tbilisi Court of Appeals to revisit the 2011 decision against the photographers and acquit them of all charges. As of December, the case was ongoing.

ROLE OF THE POLICE AND SECURITY APPARATUS

The Ministry of Internal Affairs and the State Security Service of Georgia (SSSG) have primary responsibility for law enforcement and the maintenance of public order. The ministry is the primary law enforcement organization in the country and includes the national police force, the border security force, and the Georgian Coast Guard. The SSSG is the internal intelligence service responsible for counterintelligence, counterterrorism, and anticorruption efforts. The Ministry of Finance and the CPO have investigative services with police powers in financial investigations, and the CPO is required to investigate high-profile cases and other criminal offenses. The office may take control of any investigation if it determines doing so is in the best interest of justice (e.g., in cases of conflict of interest and police abuse cases). In certain politically sensitive cases investigated by the Prosecution Service–including the case of Azerbaijani journalist Afgan Mukhtarli and instances of political violence–impunity remained a problem.

The Ministry of Defense is responsible for external security, although the government may call on it during times of internal disorder.

While civilian authorities maintained effective control over the Ministry of Defense, senior civilian authorities reportedly did not always maintain effective control over the Ministry of Internal Affairs and the SSSG.

The effectiveness of government mechanisms to investigate and punish abuse by law enforcement officials and security forces was limited, and domestic and international concern over impunity remained high.

There were large protests in May surrounding the conduct of law enforcement bodies’ investigation and prosecution of the killing of two juveniles that occurred in December 2017, known as the “Khorava Street murders.” Civil society groups questioned the investigation’s impartiality. As a result of the controversy, the country’s chief prosecutor resigned, and parliament, for the first time, set up an Investigative Commission in June. In September, the commission, headed an opposition party leader, concluded that the investigation was compromised in favor of former influential Prosecutor’s Office official Mirza Subeliani, as some investigatory procedures, including the questioning of witnesses and collection of material evidence, completely bypassed Subeliani and two of his relatives allegedly implicated in the crime. The commission also accused former Chief Prosecutor Irakli Shotadze of either “negligence” or “abuse of power.” Government officials partially agreed with the commission’s conclusions that the investigation did not properly execute procedures regarding evidence collection, examinations, and questioning witnesses, but they also contested the claim that undue outside influence compromised the investigation. Zaza Saralidze, father of one of the boys killed, continued to lead protests.

During the year, the president, the public defender, local and international NGOs, and the international community continued to express concerns about impunity for government officials in connection with the reported May 2017 abduction and forced rendition of Azerbaijani freelance journalist and activist Afgan Mukhtarli from Georgia to Azerbaijan. As of mid-December, the Chief Prosecutor’s Office claimed it continued to investigate the incident and was waiting for a response to its request to Azerbaijan’s government to interview Mukhtarli. The Public Defender’s Office, NGOs, and Mukhtarli’s wife criticized the investigation for its lack of urgency and transparency, as well as for the authorities’ refusal to grant Mukhtarli “victim status.” Such status would have allowed Mukhtarli’s lawyers to request special protection for the life, health, and property of Mukhtarli and his close relatives. NGOs accused investigators of ignoring alleged abuses of power by government authorities. These developments, combined with the government’s failure to issue an interim report on the investigation and the July comment of Vakhtang Gomelauri, the head of the SSSG, that “some investigations are never solved” added to concerns of government involvement in Mukhtarli’s disappearance from Tbilisi and arrest on the Azerbaijan-Georgia border.

There were reports of impunity for abuses of state resources, including politically motivated surveillance (see section 1.f.) and interference by SSSG officials (see section 3).

The CPO continued training prosecutors on proper standards for prosecuting cases of alleged mistreatment by public officials. In 2017 the CPO started 127 investigations for alleged mistreatment by penitentiary and law enforcement officers from 2013 to 2016. Of these, 17 persons faced prosecution proceedings in 2017: three police officers and 14 penitentiary employees.

The trial in the Tbilisi City Court against the former head of the Constitutional Security Department, Davit Akhalaia, and three additional former Ministry of Internal Affairs officials for their role in the violent dispersal of a protest in 2011 remained underway as of November.

In July prominent NGOs released a joint report addressing the police raids of Tbilisi nightclubs (see section 1.d.). The NGOs questioned the legitimacy of measures taken by law enforcement in the nightclubs, arguing their actions were excessive. Government officials defended their actions as appropriate and in line with international standards.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Law enforcement officers must have a warrant to make an arrest except in limited cases. The criminal procedure code provides that an arrest warrant may be obtained only where probable cause is shown that a person committed a crime for which conviction is punishable by imprisonment and that the individual may abscond or fail to appear in court, destroy evidence, or commit another crime. GYLA noted the law did not explicitly specify the role and powers of a judge in reviewing the lawfulness of arrests, and that courts often failed to examine the factual circumstances of the detention.

Upon arrest, a detainee must be advised of his or her legal rights. Any statement made after arrest but before a detainee is advised of his or her rights is inadmissible in court. The arresting officer must immediately take a detainee to the nearest police station and record the arrest, providing a copy to the detainee and his or her attorney. The Public Defender reported, however, that maintenance of police station logbooks was haphazard and in a number of cases the logbooks did not establish the date and time of an arrest.

Detainees must be indicted within 48 hours and taken to court within 72 hours. Anyone taken into custody on administrative grounds has the right to be heard in court within 12 hours after detention. Violating these time limits results in the immediate release of the person.

The law permits alternatives to detention. NGOs and court observers reported that the judiciary failed to use alternative measures adequately. The government also lacked a monitoring mechanism for defendants not in custody.

Detainees have the right to request immediate access to a lawyer of their choice and the right to refuse to make a statement in the absence of counsel. An indigent defendant charged with a crime has the right to counsel appointed at public expense. The threshold for aid was so low, however, that many low income defendants could not afford counsel during critical stages of criminal proceedings.

Detainees facing possible criminal charges have the right to have their families notified by the prosecutor or the investigator within three hours of arrest; persons charged with administrative offenses have the right to notify family upon request. The 2017 report of the national preventive mechanism released in July 2018 noted that this right was mostly observed. The Public Defender’s Office documented that 71 percent of detainees in 2017 made use of this right, compared to 56 percent in 2016. The law requires the case prosecutor to approve requests by persons in pretrial detention to contact their family.

Witnesses have the right to refuse to be interviewed by law enforcement officials for certain criminal offenses. In such instances, prosecutors and investigators may petition the court to compel a witness to be interviewed if they have proof that the witness has “necessary information.” The public defender reported that police continued to summon individuals as “witnesses” and later arrested them. According to the public defender, police used “involuntary interviews” of subjects, often in police cars or at police stations. The report of the national preventive mechanism for 2017 noted that police failed to advise interviewees of their rights prior to initiating interviews and failed to maintain records of individuals interviewed in police stations or vehicles.

Concerns persisted regarding the authorities’ use of administrative detention to detain individuals for up to 15 days without the right to an effective defense, defined standards of proof, and the right to a meaningful appeal.

Pretrial Detention: NGOs noted inconsistent application of the standards to grant bail or order detention. Although there was a noticeable improvement in the substantiation of motions and rulings, prosecutors and judges at times did not articulate a reasoned and specific justification for requesting or ordering detention and did not discuss the lawfulness of the detention. According to Supreme Court statistics, as of July, pretrial detention was used in 41.6 percent of cases compared with 32.8 percent for the same period in 2017. Trial monitors attributed the increase in detention rates to a decrease in substance abuse cases, which often resulted in the defendant being remanded released on bail, and an increase in reported domestic violence cases, which usually involved the detention of the defendant. PDO reported the increase did not necessarily reflect an increase of domestic violence or reliance on detention.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: The criminal procedure code provides that in exigent circumstances, a person can be arrested without a court warrant. A person must be released immediately if the substantial breach of an arrest procedure has been identified. This decision can be made by a prosecutor or a judge at the first appearance hearing within 72 hours from the arrest. The law provides that the arrested person shall be fully reimbursed from the state budget for the damage incurred as a result of an unlawful and unjustified arrest. The national preventive mechanism noted that, as in previous years, persons under administrative arrest rarely exercised their right to a defense attorney in 2017. There is no meaningful judicial review provided by the code of administrative violations for an administrative arrest.

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association; government respect for those rights was uneven.

FREEDOM OF PEACEFUL ASSEMBLY

The constitution and law generally provide for freedom of assembly. Human rights organizations expressed concern, however, about provisions in the law, including the requirement that political parties and other organizations give five days’ notice to local authorities to assemble in a public area, thereby precluding spontaneous demonstrations. NGOs reported that police sometimes restricted freedom of assembly. For example, on December 17, 14 NGOs accused the authorities of restricting opposition access to the site of a planned Inauguration Day demonstration on December 16. The government responded that it had provided an area for demonstrations, but that protestors had refused to use it. As of mid-December, two supporters of Georgian Dream and one opposition activist were in detention after inauguration day incidents. Two Georgian Dream activists were arrested after allegedly assaulting an opposition activist in Velistsikhe, and opposition leader Davit Kirkitadze was arrested after he reportedly assaulted a police officer who was blocking the highway with a bus. Kirkitadze and his supporters claimed his arrest was politically motivated. NGOs also stated police abused the administrative offences code to detain participants of peaceful assemblies based on articles 166 (petty hooliganism), 173 (non-compliance with a lawful order of a law enforcement officer), and 150 (defacing the appearance of a self-governing unit).

There were several protests in May, including those against raids on popular nightclubs and in support of the International Day Against Homophobia, Transphobia, and Biphobia (IDAHOT). In May LGBTI organizations were unable to hold a sanctioned IDAHOT rally due to safety concerns following large rallies attended in part by far right groups that threatened violence against LGBTI supporters. Several LGBTI activists still met in front of the State Chancellery under heavy police presence. The PDO reported violence against LGBTI individuals, whether in the family or in public spaces, was a serious problem, and that the government has been unable to respond to this challenge.

FREEDOM OF ASSOCIATION

There were reports that some government representatives and supporters of the ruling party pressured political opposition figures and supporters and state employees (see Section 3).

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

Domestic and international human rights groups in most instances operated without government restriction, investigating and publishing their findings on human rights cases. Tension between the government and a number of leading NGOs increased, however, especially in the run-up to presidential elections. Soon after 13 NGOs highlighted concerns about indications of high level corruption (see Section 4) and informal clan rule in early October, prominent members of the government launched verbal attacks on those groups and their leaders. The Public Defender and NGOs expressed alarm regarding these attacks on civil society, asserting that a coordinated government attack on civil society harmed democracy. Also in October, the Speaker of Parliament labeled a prominent civil society leader “an accomplice to fascists” for asserting that a television director’s provocative comments did not violate the election code. Some government officials accused NGOs of publishing unsubstantiated accusations against the government, for example, when the NGOs reported a confidential source had alleged that government officials printed false identification cards in advance of presidential elections.

Some government officials accused NGOs of alleged political bias and publishing unsubstantiated accusations against the government, for example, when the NGOs reported a confidential source had alleged that government officials printed false identification cards in advance of presidential elections.

The United Nations or Other International Bodies: While there was little official information on the human rights and humanitarian situation in South Ossetia and Abkhazia due to limited access, allegations of abuse persisted. In March the UN Human Rights Council adopted a resolution calling for immediate access for the Office of the High Commissioner for Human Rights (OHCHR) and international and regional human rights mechanisms to Abkhazia and South Ossetia. In June the OHCHR reported that de facto authorities in Abkhazia and South Ossetia had not granted the requested access and expressed concern that, despite repeated requests since 2011, these de facto authorities had never granted it access. The OHCHR stated that the lack of access raised legitimate questions and concerns about the human rights of the populations in Abkhazia and South Ossetia.

Government Human Rights Bodies: NGOs viewed the Public Defender’s Office, which has a mandate to monitor human rights and investigate allegations of abuse and discrimination, as the most objective of the government’s human rights bodies. The amended constitution that came into force December 16 limits the public defender to one six-year term in office.

The public defender’s authority does not include the power to initiate prosecutions or other legal actions but the office can recommend action, and the government must respond. While the office generally operated without government interference and was considered effective, the public defender reported that government offices at times responded partially or not at all to inquiries and recommendations, despite a requirement to respond to information requests within 10 days and initiate follow up action within 20 days. Among government offices that failed to satisfy such requests in 2017, the Public Defender’s Office report highlighted the SSSG and the Ministry of Justice and its entities.

The public defender retains the right to make nonbinding recommendations to law enforcement agencies to investigate particular human rights cases. The public defender must submit an annual report on the human rights situation for the calendar year but can also make periodic reports. The office may not report allegations of torture unless the victim gives clear consent or a monitor from the office witnesses the torture.

By law the chief prosecutor is responsible for protection of human rights and fundamental freedoms. The human rights unit of the Chief Prosecutor’s Office monitored overall prosecution and supervised compliance with national and international human rights standards. The unit reviews statistical and analytical activities within the prosecution system and is responsible for examining and responding to recommendations of national and international institutions involving human rights. The Human Rights Division of the Ministry of Internal Affairs and the Chief Prosecutor’s Office also have mandates to monitor and investigate allegations of abuse and discrimination.

The Incident Prevention and Response Mechanism (IPRM), which is designed to cover Abkhazia and South Ossetia and includes security actors from the government, Russia, and de facto authorities of the breakaway regions, considered human rights abuses reported in the occupied territories and along the ABL. Due to a dispute over agenda items, however, the IPRM meetings in Gali (Abkhazia) have been suspended since June. IPRM meetings in Ergneti (South Ossetia) resumed in December following a three-month suspension. De facto authorities in the occupied territories did not grant representatives of the Public Defender’s Office access.

Ghana

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

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were a few reports that the government or its agents committed arbitrary or unlawful killings. In some cases authorities described these killings as having taken place in an “exchange of fire.”

In July police killed seven persons near Kumasi in an incident that sparked riots when authorities claimed the victims were suspected robbers. In September the ministerial committee established to investigate the circumstances that led to the deaths submitted its initial report to officials. After studying the report, in a statement issued in November by the minister of information, the government directed that 21 police officers be suspended and made subjects of criminal investigations. According to the statement, the government determined there was no evidence the victims were armed robbers. News coverage indicated that police headquarters had not yet received a copy of the committee’s investigative report.

As of November authorities had not been able to provide any further updates regarding police service enquiries concerning four officers implicated in the 2016 killing by police of a suspect in Kumasi. The government did not prosecute any officers for the incident, but it dismissed one officer and reprimanded five others.

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

While the constitution and law prohibit such practices, there were credible reports police beat and otherwise abused detained suspects and other citizens. Victims were often reluctant to file formal complaints. Police generally denied allegations or claimed the level of force used was justified. By September the Police Professional Standards Bureau (PPSB) had received 77 cases of police brutality and investigated 14 of those reports.

In December the Commission on Human Rights and Administrative Justice (CHRAJ) completed an investigation into the brutal assault by military personnel against a 16-year-old boy in April 2016 for allegedly stealing a phone. The CHRAJ investigated the case according to the constitution and the UN Convention Against Torture among other related charters and conventions, and ultimately recommended payment to the victim of 30,000 Ghanaian cedis (approximately $6,400) and that the military personnel be tried according to the Armed Forces Act.

In February the United Nations reported that it received a complaint of sexual exploitation and abuse against peacekeepers from Ghana deployed in the UN Mission in South Sudan. The United Nations investigated allegations that members of the unit were having sexual relations with women at one of the protection camps. Forty-six Ghanaian police officers were subsequently repatriated on administrative grounds. Ghanaian authorities continued to investigate.

Prison and Detention Center Conditions

Prison conditions were generally harsh and sometimes life threatening due to physical abuse, food shortages, overcrowding, inadequate sanitary conditions, and lack of medical care.

Physical Conditions: Ghana Prisons Service statistics available in September indicated that it held 14,985 prisoners (14,827 men and 158 women) in prisons designed to hold 9,875. Although authorities sought to hold juveniles separately from adults, there were reports detainees younger than age 18 were held with adults. Authorities held pretrial detainees in the same facilities as convicts but generally in separate cells, although due to overcrowding in convict blocks, Nsawam Prison began holding some convicts in blocks designated for pretrial detainees. The Prisons Service held women separately from men. No prison staff specifically focused on mental health, and officials did not routinely identify or offer treatment or other support to prisoners with mental disabilities.

In October foreign diplomatic representatives observed that several prisons suffered from severe overcrowding, inadequate medical care, poor sanitation, and limited rehabilitation programs. Although the government continued to reduce the population of individuals in pretrial detention, prison overcrowding remained a serious problem, with certain prisons holding approximately two to four times more inmates than designed capacity. In July, following two days of hearings, a judge at the Kumasi Central Prison granted bail to 53 of 105 remand prisoners who had applied under the Justice for All program. According to reports, officials were still working to release remand prisoners who received bail in 2017 but who remained in custody because they could not meet the bail terms. Civil society organizations estimated Kumasi Prison alone had more than 400 remand prisoners.

The government reported 30 deaths in custody through September. Causes of death included severe anemia, pulmonary tuberculosis, chronic hepatitis B, infection, heart failure, severe hypertension, liver cirrhosis, and septicemia.

While prisoners had access to potable water, food was inadequate. Meals routinely lacked fruit, vegetables, or meat, forcing prisoners to rely on charitable donations and their families to supplement their diet. The Prisons Service facilitated farming activities for inmates to supplement feeding. The Prisons Service procured five pieces of equipment, including four mechanical planters, to improve agricultural production. Construction of a new camp prison was reportedly making progress as part of efforts to improve food production and decongest the prisons. Officials held much of the prison population in buildings that were originally colonial forts or abandoned public or military buildings, with poor ventilation and sanitation, substandard construction, and inadequate space and light. The Prisons Service periodically fumigated and disinfected prisons, but sanitation remained poor. There were not enough toilets available for the number of prisoners, with as many as 100 prisoners sharing one toilet, and toilets often overflowed with excrement.

Medical assistants, not doctors, provided medical services, and they were overstretched and lacked basic equipment and medicine. At Nsawam a medical officer was recruited to operate the health clinic. All prison infirmaries had a severely limited supply of medicine. All prisons were supplied with malaria test kits. Prisons did not provide dental care. Prison officials referred prisoners to local hospitals to address conditions prison medical personnel could not treat on site, but the prisons often lacked ambulances to properly transport inmates off-site. To facilitate treatment at local facilities, the Prisons Service continued to register inmates in the National Health Insurance Scheme. The Ankaful Disease Camp Prison held at least three prisoners with the most serious contagious diseases.

Religious organizations, charities, private businesses, and citizens often provided services and materials, such as medicine and food, to the prisons.

Although persons with disabilities reported receiving medicine for chronic ailments and having access to recreational facilities and vocational education, a study released in 2016 found that construction of the prisons disadvantaged persons with disabilities, as they faced challenges accessing health care and recreational facilities.

Administration: There was no prison ombudsperson or comparable independent authority to respond to complaints; rather, each prison designated an officer-in-charge to receive and respond to complaints. As of September the Prisons Service reported receipt of 1,381 complaints on various issues, including communication with relatives, health, food rations, sanitation, and court proceedings and appeals. In April a public relations officer from the Ghana Prisons Service wrote an opinion piece for an online newspaper, disputing claims inmates received food only once a day and were subjected to forced labor. The author, however, also called for bolstering resources for inmate meals and recognized overcrowding remained a serious difficulty. Information available in September indicated there was one report of two officers physically abusing a prisoner. They were tried administratively and awaiting a final verdict.

Independent Monitoring: The government permitted independent monitoring of prison conditions. Local nongovernmental organizations (NGOs), which were independent of government influence, worked on behalf of prisoners and detainees to help alleviate overcrowding, monitor juvenile confinement, and improve pretrial detention, bail, and recordkeeping procedures to ensure prisoners did not serve beyond the maximum sentence for the charged offenses and beyond the 48 hours legally authorized for detention without charge. Local news agencies also reported on prison conditions.

d. Arbitrary Arrest or Detention

The constitution and law provide for protection against arbitrary arrest and detention, but the government frequently disregarded these protections. The law also provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, but lack of legal representation for detainees inhibited fulfillment of this right.

ROLE OF THE POLICE AND SECURITY APPARATUS

The police, under the Ministry of the Interior, are responsible for maintaining law and order, but the military continued to participate in law enforcement activities in a support role, such as by protecting critical infrastructure. A separate entity, the Bureau of National Investigations, handles cases considered critical to state security and answers directly to the Ministry of National Security. Police maintained specialized units in Accra for homicide, forensics, domestic violence, economic crimes, visa fraud, narcotics, and cybercrimes. Such services were unavailable outside the capital due to lack of office space, vehicles, and other equipment. Police maintained specialized antihuman trafficking units in all 11 police administrative regions.

Police brutality, corruption, negligence, and impunity were problems. While the constitution and law prohibit such practices, there were credible reports police beat and otherwise abused suspects and other citizens. There were delays in prosecuting suspects, reports of police collaboration with criminals, and a widespread public perception of police ineptitude. Police often failed to respond to reports of abuses and, in many instances, did not act unless complainants paid for police transportation and other operating expenses. There were credible reports police extorted money by acting as private debt collectors, setting up illegal checkpoints, and arresting citizens in exchange for bribes from disgruntled business associates of those detained. A study by the Ghana Integrity Initiative, conducted in 2016 and released in February 2017, indicated that 61 percent of respondents had paid a bribe to police. There were multiple reports police failed to prevent and respond to societal violence, in particular incidents of “mob justice.” In July police killed seven suspected robbers, stirring outcry when the local Zongo (predominantly Muslim enclave) community maintained the young men were innocent. In November the minister of information called for 21 police officers to be suspended and made subjects of criminal investigations.

The Office of the Inspector General of Police and PPSB investigate claims of excessive force by security force members. The PPSB also investigates human rights abuses and police misconduct. Through August the PPSB had recorded 1,144 complaints, of which 210 investigations were completed and 934 remained under investigation. Over this period the PPSB investigated 233 reports of unprofessional handling of cases, 217 of misconduct, 201 of unfair treatment, 160 of undue delay of investigation, 59 of unlawful arrest and detention, 77 of police brutality, 34 of harassment, 14 of fraud, 37 of extortion, and one of rape. As of September the CHRAJ had not received any reports of police beating detainees.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law requires detainees be brought before a court within 48 hours of arrest in the absence of a judicial warrant, but authorities frequently detained individuals without charge or a valid arrest warrant for periods longer than 48 hours. Officials detained some prisoners for indefinite periods by renewing warrants or simply allowing them to lapse while an investigation took place. The constitution grants a detained individual the right to be informed immediately, in a language the person understands, of the reasons for detention and of his or her right to a lawyer. Most detainees, however, could not afford a lawyer. While the constitution grants the right to legal aid, the government is not required to provide it, although legal counsel is generally provided to those charged with first-degree felonies. As of September the government employed only 20 full-time legal aid lawyers, who handled criminal and civil cases, and 45 paralegals, who handled civil matters. Defendants in criminal cases who could not afford a lawyer typically represented themselves. The law requires that any detainee not tried within a “reasonable time,” as determined by the court, must be released either unconditionally or subject to conditions necessary to ensure the person’s appearance at a later court date. Officials rarely observed this provision. The government sought to reduce the population of prisoners in pretrial detention by placing paralegals in some prisons to monitor and advise on the cases of pretrial detainees, and by directing judges to visit prisons to review and take action on pretrial detainee cases.

The law provides for bail, but courts often used their unlimited discretion to set bail prohibitively high. In 2016 the Supreme Court struck down a portion of the law that denied bail to those accused of specific serious crimes, including murder, rape, and violations of the Narcotic Drugs Law.

Arbitrary Arrest: There were reports of arbitrary arrests by police. Unlawful arrests and detentions accounted for 5 percent of all complaint cases PPSB received through August.

Pretrial Detention: Lengthy pretrial detention remained a serious problem. Prisons Service statistics available in September indicated 1,944 prisoners, just under 13 percent of all prisoners, were in pretrial status. The government kept prisoners in extended pretrial detention due to police failing to investigate or follow up on cases, slow trial proceedings marked by frequent adjournments, detainees’ inability to meet bail conditions that were often set extremely high even for minor offenses, and inadequate legal representation of criminal defendants. The length of pretrial detention exceeded the maximum sentence for the alleged crime in numerous instances. Inadequate record keeping contributed to prisoners being held in egregiously excessive pretrial detention, some for up to 10 years.

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association, and the government generally respected these rights.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were often cooperative and responsive to their views. The government actively engaged civil society and the United Nations in preparation for the country’s third Universal Periodic Review in November 2017. The government also invited civil society organizations to provide input and revisions to the OSP bill in 2017 and the Right to Information bill in 2018.

Government Human Rights Bodies: The CHRAJ, which mediated and settled cases brought by individuals against government agencies or private companies, operated with no overt interference from the government; however, since it is itself a government institution, some critics questioned its ability independently to investigate high-level corruption. Its biggest obstacle was a lack of adequate funding, which resulted in low salaries, poor working conditions, and the loss of many of its staff to other governmental organizations and NGOs. As of November there was ongoing construction to build more office space and reportedly the financial resources to hire additional personnel. Public confidence in the CHRAJ was high, resulting in an increased workload for its staff.

Guatemala

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

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were no reports that the government or its agents committed arbitrary or unlawful killings. As of August 31, the Public Ministry as well as the National Civil Police (PNC) and its Office of Professional Responsibility (ORP), the mechanism for investigating security force abuses, reported no complaints of homicide by police.

At least nine rural, indigenous activists and human rights defenders were killed or died under disputed circumstances between May and September. Some of the killings appeared to be politically motivated, and all of the cases remained under investigation at year’s end.

In 2017 two separate trials began against former head of state Efrain Rios Montt and former intelligence chief Jose Mauricio Rodriguez Sanchez in the case of genocide involving the Maya Ixil community. In 2013 Rios Montt was found guilty of genocide and crimes against humanity committed during his presidency (1982-83) and sentenced to 80 years in prison. The Constitutional Court overturned the conviction on procedural grounds and returned the case for retrial. On April 1, Rios Montt died before the trial concluded. On September 26, a high-risk court–created in 2009 to hear cases that posed a serious risk to the security of judges, the prosecutor, the defense, or any other individuals involved in the case–ruled that genocide and crimes against humanity were perpetrated against the indigenous Ixil community between 1982 and 1983, but a majority of the three-judge panel found Rodriguez not guilty and attributed responsibility for genocide to the military high command, including the then president, minister of defense, and defense chief of staff.

The 1982 Dos Erres massacre case against Rios Montt did not conclude due to Rios Montt’s death in April. The Dos Erres trial against former special forces officer Santos Lopez Alonzo opened on October 1. On November 21, a high-risk court sentenced Lopez to 5,160 years in prison for the massacre of 171 persons.

As of November the government had paid approximately 95 percent of the 200 million quetzals ($26.7 million) in individual reparations to families affected by the Chixoy hydroelectric dam. During the dam’s construction from 1975 to 1985, more than 400 individuals died and thousands were displaced.

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

The constitution and law prohibit torture and other cruel, inhuman, or degrading treatment or punishment but there were reports alleging government workers employed them at the Federico Mora National Hospital for Mental Health (see section 6). The Office of the High Commissioner for Human Rights (OHCHR) noted that documentation and reporting mechanisms for torture and other cruel, inhumane, or degrading treatment or punishment remain weak, thereby hindering a full understanding of the prevalence of the issue.

Prison and Detention Center Conditions

Prison conditions were harsh and potentially life threatening, with multiple instances of inmates killing other inmates. Sexual assault, inadequate sanitation and medical care, and gross overcrowding placed prisoners at significant risk.

Physical Conditions: Prison overcrowding was a problem. As of September 24, according to prison authorities, there were 24,314 inmates, including 2,645 women, held in facilities designed to hold 6,800 persons. Physical conditions including sanitation and bathing facilities, dental and medical care, ventilation, temperature control, and lighting were wholly inadequate. Prisoners had difficulty obtaining potable water, complained of inadequate food, and often had to pay for additional sustenance. Illegal drug sales and use was widespread. Prison officials reported safety and control problems, including escape attempts, gang fights, inability to control the flow of contraband goods into prisons, inmate possession of firearms and grenades, and the fabrication of weapons. Prisoners conducted criminal activity both inside and outside of prisons. According to prison authorities, from January through August 31, at least 14 inmates died of unnatural causes while in prison. On April 27, a riot at Granja Penal Canada Prison left eight inmates dead and 25 injured. On August 20, a separate riot at Granja de Rehabilitacion Cantel Prison left four inmates dead and four injured. Both riots started with a fight between two gangs inside the prison. On September 30, a riot at Pavoncito Prison left seven inmates dead and four wounded.

Media reported that transnational criminal gangs and drug trafficking groups controlled major prison centers. In November 2017 a judge indicted 17 individuals in connection with the 2016 killing of 14 inmates in Pavon Prison; the case remained pending at year’s end.

Conditions for male and female prisoners were generally comparable throughout the country. Media and nongovernmental organizations (NGOs) reported female and juvenile inmates faced continuing physical and sexual abuse. Female inmates reported unnecessary body searches and verbal abuse by prison guards. Children younger than age four could live in prison with their mothers, although the penitentiary system provided inadequate food for young children and many suffered from illness. LGBTI rights groups stated other prisoners often sexually assaulted LGBTI individuals and that there were insufficient facilities to protect LGBTI individuals in custody. NGOs claimed admittance procedures for LGBTI prisoners were not implemented, noting particular concern regarding procedures for transgender individuals. Occasionally authorities held pretrial detainees together with convicted prisoners, juveniles with adults, and male with female detainees.

In March 2017 authorities opened the first corrections center based on a new model to address corruption and overcrowding. In January the new minister of government, Enrique Degenhart, implemented significant changes, including a complete overhaul of the previously vetted and trained leadership of the new correctional model, which undermined the model’s effectiveness and hindered adult penitentiary system reforms.

Media reported similar conditions of abuse and overcrowding at the four juvenile detention centers administered separately by the Secretariat of Social Welfare. Crowding led to holding nonviolent juvenile offenders with violent adult offenders. As of September 25, there were 753 inmates in the Las Gaviotas juvenile detention facility designed for 525 individuals. More than 30 percent of the inmates had not been sentenced and were awaiting trials.

Administration: The government’s Office of the Human Rights Ombudsman (PDH) and the National Office for the Prevention of Torture (NOPT), both independent entities, are responsible for prisoner rights, receiving complaints, and conducting oversight of the prison system. The PDH and NOPT may submit recommendations to the prison system based on complaints. No independent agency or unit, however, has a mandate to change or implement policy or to act on behalf of prisoners and detainees. Congress delayed the election of three NOPT rapporteurs by more than 16 months, finally appointing them on August 1, while the PDH and civil society reported former rapporteurs were inactive and ineffective in their oversight mandate. The Office of the UN High Commissioner for Human Rights noted deficiencies in the NOPT mechanism and the selection process for the three NOPT rapporteurs.

While the law requires authorities to permit prisoners and detainees to submit complaints to judicial authorities without censorship and request investigation of credible allegations of inhuman conditions, authorities failed to investigate most allegations of inhuman conditions and treatment or to document the results of such investigations.

Independent Monitoring: The government permitted visits by local and international human rights groups, the Organization of American States, public defenders, and religious groups. The PDH and the NOPT also periodically visited prison facilities. The PDH reported it was sometimes difficult to gain access to the juvenile detention centers administered by the Secretariat of Social Welfare.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention, but there were credible reports of extrajudicial arrests, illegal detentions, and denial of timely access to a magistrate and hearing as required by law. Suspects are entitled to challenge in court the legal basis or arbitrary nature of their detention. If successful, their release usually took several days. There was no compensation for those ruled unlawfully detained.

ROLE OF THE POLICE AND SECURITY APPARATUS

The PNC, which is overseen by the Ministry of Government and headed by a director general appointed by the ministry, is responsible for law enforcement and maintenance of order in the country. The Ministry of National Defense oversees the military, which focuses primarily on operations in defense of the country, but the government also used the army in internal security and policing as permitted by the constitution. On March 31, the defense ministry withdrew 4,500 personnel from street patrols to concentrate its forces on the borders. The drawdown process began in 2016.

Civilian authorities in some instances failed to maintain effective control over the PNC, and the government lacked effective mechanisms to investigate and punish abuse and corruption. On August 31, the Ministry of Government, with the support of the Ministry of Defense, deployed a convoy of armed jeeps at various points in the capital, including in front of an embassy, CICIG headquarters, and a prominent local human rights organization. The jeeps were mobilized from Interagency Task Forces and were donated for the purpose of counternarcotics operations. Local NGOs pointed out the jeep deployment coincided with President Morales’ announcement he would not extend the CICIG mandate and was intended as a show of force, intimidation, and an attempt to repress civil society.

There were reports of impunity involving security forces. In cases involving police forces, the ORP is responsible for internal investigations and the Public Ministry is responsible for external investigations. A police reform commission, established by a previous administration, has a legal mandate to make necessary changes to reform police forces. On May 20, Police Reform Commissioner Adela Torrebiarte resigned, alleging that the Ministry of Government purposefully blocked police reform initiatives.

The ORP reported that from January through August, there were six complaints of police extortion and 135 for abuse of authority, compared with 17 and 290, respectively, during the same period in 2017. The PNC routinely transferred officers suspected of wrongdoing rather than investigating them.

Critics accused police of indiscriminate and illegal detentions when conducting antigang operations in some high-crime neighborhoods.

The ORP conducted internal investigations of misconduct by police officers. During the first eight months of the year, the ORP reported receiving 362 complaints of misconduct by police.

All new PNC and soldiers receive training in human rights and professional ethics. The Ministry of Defense Human Rights Directorate collaborated with other government human rights offices to provide internal and interagency human rights trainings to soldiers.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law requires presentation of a court-issued warrant to a suspect prior to arrest unless police apprehend a suspect while in the act of committing a crime. Police may not detain a suspect for more than six hours without bringing the case before a judge. Authorities did not regularly respect this right and did not promptly inform some detainees of the charges against them. After arraigning suspects, the prosecutor generally has three months to complete the investigation if the defendant is in pretrial detention, and six months to complete the investigation if the defendant is granted house arrest. The law prohibits the execution of search warrants between 6 p.m. and 6 a.m. unless the government has declared a state of siege. Judges may order house arrest for some suspects. The law provides for access to lawyers and bail for most crimes. The government provides legal representation for indigent detainees, and detainees have access to family members. A judge has the discretion to determine whether bail is permissible for pretrial detainees.

Arbitrary Arrest: There were no reliable data on the number of arbitrary detentions. Most accounts, however, indicated that police ignored writs of habeas corpus in cases of illegal detention, particularly during neighborhood antigang operations.

Pretrial Detention: As of August 31, prison system records indicated 52 percent of prisoners were in pretrial detention. The law establishes a one-year maximum for pretrial detention, regardless of the stage of the criminal proceeding, but the court has the legal authority to extend pretrial detention without limits as necessary. Authorities regularly held detainees past their legal trial or release dates. Lengthy investigations and frequent procedural motions by both defense and prosecution often led to lengthy pretrial detentions, delaying trials for months or years. Observers noted the slow pace of investigations, lack of judicial resources, and a culture of indifference to detainee rights hampered efforts to reduce pretrial detention and illegal incarceration. Authorities did not release some prisoners after they completed their full sentences due to the failure of judges to issue the necessary court order or other bureaucratic delays. Former medical school dean Jesus Oliva committed suicide on June 11 after having been in trial detention since May 2015, most of that in pretrial detention before his trial opened in August 2017. A few days before his death, Oliva’s attorney requested house arrest for him because he suffered depression, but a judge rejected the request. Oliva was charged in a corruption case involving the government health system that concluded on September 26. Other defendants in the case were sentenced to six years in prison and immediately released on bail after having already served more than three years in prison.

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights, with a few exceptions.

FREEDOM OF PEACEFUL ASSEMBLY

The law provides for freedom of association, and the government generally respected this right.

On September 12, the congressional spokesperson reported that more than 2,100 police were present at Congress during a commemoration of the country’s independence, led by President Morales. A protest scheduled to converge at Congress on the same day was not able to approach the perimeters of Congress. The heavy police presence ostensibly serving as presidential security and crowd control received widespread criticism and media as a form of intimidation against the protesters. Civil society groups expressed concern over the presence of Kaibiles, military special forces who were implicated in war crimes during the country’s internal armed conflict from 1960-96.

On September 14, when President Morales and his cabinet attended a ceremony at the cathedral on the central plaza, NGOs and journalists accused the government of using excessive security measures to intimidate citizens and restrict their right to assemble. Observers stated security measures included the deployment of antiriot military police; the registration of all pedestrians entering the plaza, including children; and excessive security checks. On September 14, a Public Ministry prosecutor stated publicly he would investigate for possible violations of freedom of movement.

FREEDOM OF ASSOCIATION

The law provides for freedom of association, and the government generally respected this right. There were reports, however, of significant barriers to organizing in the labor sector (see section 7.a.).

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were often cooperative and responsive to their views.

A number of NGOs, human rights workers, and trade unionists, however, reported threats, violence, and intimidation. The local human rights NGO Unit for the Protection of Human Rights Defenders (UDEFEGUA) reported 24 killings of human rights defenders from January through October. The NGO also reported 303 attacks against human rights defenders from January through September, compared with 493 attacks in all of 2017. According to human rights NGOs, many of the attacks related to land disputes and exploitation of natural resources. NGOs asserted the government did little to investigate the reports or prevent further incidents.

NGOs also reported the government, fringe groups, and private entities used threats of legal action as a form of intimidation. UDEFEGUA reported 158 cases of criminalization of human rights defenders from January through August.

Government Human Rights Bodies: The PDH monitors the human rights set forth in the constitution and reports to Congress. The government cooperated generally with the ombudsman. The office operated independently and issued public reports and recommendations, including an annual report to Congress on the fulfillment of its mandate. NGOs generally considered the PDH to be an effective institution with limitations in rural areas due to lack of resources.

The President’s Commission on Human Rights (COPREDEH) formulates and promotes human rights policy. COPREDEH also led coordination of police protection for human rights and labor activists. COPREDEH generally benefited from the administration’s cooperation and operated without political or party interference. Some NGOs claimed the COPREDEH was not an effective interlocutor on human rights issues.

The Congressional Committee on Human Rights drafts and provides guidance on legislation regarding human rights. The law requires all political parties represented in Congress to have a representative on the committee. Some NGOs did not consider the committee to be an effective forum for human rights promotion and protection.

Honduras

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

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were several reports that the government or its agents committed arbitrary or unlawful killings. In general the killings took place during law enforcement operations or were linked to other criminal activity by government agents. Civilian authorities investigated and arrested members of the security forces accused of human rights abuses. Impunity, however, remained a serious problem, with significant delays in some prosecutions and sources alleging corruption in judicial proceedings. The Violence Observatory of the Autonomous University of Honduras (UNAH) reported 16 deaths involving security forces during the first six months of the year. These included eight deaths involving the Honduran National Police (HNP) and eight involving the military.

On September 6, 2nd Lieutenant Chemis Xavier Paz Cruz, assigned to the 5th Battalion of the Military Police for Public Order (PMOP), was convicted of the 2016 murder of Elias Jireh Elver during a patrol in Tegucigalpa. Paz’s sentencing was pending at year’s end.

Following months of investigations into postelection violence, the HNP and the Public Ministry’s Technical Agency for Criminal Investigations (ATIC) concluded 22 investigations into alleged human rights violations by members of both the HNP and PMOP and passed the cases to the Public Ministry for possible prosecution. The Public Ministry launched 17 cases related to abuse of authority in August, noting that more cases would be forthcoming. On September 18, the Public Ministry announced the first case against an HNP officer for the death of a protester.

The government continued to investigate the 2016 killing of environmental and indigenous activist Berta Caceres. On March 2, the Public Ministry’s ATIC arrested a ninth suspect, Roberto David Castillo Mejia, the former president of the company building the Agua Zarca dam, which Caceres had long opposed. Throughout the year both the Caceres family private attorneys and the defense team complained the Public Ministry restricted access to evidence. Both legal parties asserted their right to review additional evidence that investigators had collected but not analyzed, including electronics such as laptops, cell phones, memory sticks, and tablets. On August 24, the three-judge tribunal ordered the Public Ministry to grant the prosecution and defense access to the requested evidence. The oral hearings for the first eight individuals accused of planning and executing the murder of Berta Caceres, scheduled to begin on September 17, were delayed due to legal motions filed by the Caceres family’s attorneys that called for removal of the three presiding judges. An appellate court denied the motion to dismiss the judges, and oral hearings began on October 20. On November 29, the court convicted seven of the eight defendants of murder and fully acquitted the eighth. The defendants were expected to appeal the verdict.

There continued to be reports of violence related to land conflicts and criminal activity in the Bajo Aguan region, but the overall level of violence in the area was far below its 2012 peak. On September 7, collaboration among the government’s Bajo Aguan Task Force, INTERPOL, and Mexican law enforcement authorities resulted in the arrest and extradition from Mexico to Honduras of Osvin Naun Caballero Santamaria. Caballero was a suspect in several crimes, including the 2016 killings of Jose Angel Flores and Silmer Dionisio George, two leaders of the Unified Peasant Movement of the Bajo Aguan (known as MUCA).

Organized criminal elements, including drug traffickers and local and transnational gangs such as MS-13 and the 18th Street gang, committed killings, extortion, kidnappings, human trafficking, and intimidation of police, prosecutors, journalists, women, and human rights defenders. Major urban centers and drug trafficking routes experienced disproportionate rates of violence. The UNAH Violence Observatory reported that as of June, 82 individuals working in the transportation sector had been killed, including 49 taxi, bus, and motorcycle taxi drivers and 33 private company drivers.

On September 5, the HNP reported a national homicide rate of 39.6 per 100,000 inhabitants for the months of January to August. The UNAH Violence Observatory projected a final homicide rate of approximately 40 per 100,000 inhabitants through year’s end. Reports linked many of these homicides to organized crime and gangs.

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

Although the law prohibits such practices, government officials received complaints and investigated alleged abuse by members of the security forces on the streets and in detention centers. The quasi-governmental National Committee for the Prevention of Torture, Cruel, Inhuman, or Degrading Treatment (CONAPREV) reported two complaints of torture or cruel, inhuman, or degrading treatment.

Prison and Detention Center Conditions

Prison conditions were harsh and sometimes life threatening due to pervasive gang-related violence and the government’s failure to control criminal activity within the prisons. Prisoners suffered from overcrowding, insufficient access to food and water, violence, and alleged abuse by prison officials.

Physical Conditions: Prisoners suffered from severe overcrowding, malnutrition, lack of adequate sanitation and medical care, and, in some prisons, lack of adequate ventilation and lighting. The Ministry of Human Rights reported that, as of September 20, the total prison population was 20,506 in 27 prisons. According to the ministry, the system had designed capacity for approximately 10,600 inmates.

The National Prison Institute (INP) reported that as of September, 23 inmates had died in prison (16 from natural causes, four from violence, two from accidents, and one from suicide). The INP reported no deaths involving prison officials. CONAPREV registered 25 deaths through September and confirmed four inmates died from violence within the prison.

As of September the Ministry of Human Rights reported that the country’s three pretrial detention centers held 62 individuals. These three centers were on military installations and received some support services from the military, but the INP administered them. The government used pretrial detention centers to hold high-profile suspects and those in need of additional security. Pretrial detainees were often held with convicted prisoners.

There was pervasive gang-related violence, and the government failed to control criminal activity effectively within the prisons. Some prisons lacked sufficient security personnel. Many prisoners had access to weapons and other contraband, inmates attacked other inmates with impunity, escapes were frequent, and inmates and their associates outside prison threatened prison officials and their families. These conditions contributed to an unstable, dangerous environment in the penitentiary system. Media reported prison riots and violent confrontations between gang members in prisons throughout the year.

Through October 2018 the national prisons had approximately 1,160 female prisoners, 810 of whom the government detained at the National Women’s Social Adjustment penitentiary. Others were held in separate areas of men’s prisons. Children younger than age three could stay with their mothers in prison.

Authorities did not segregate those with tuberculosis or other infectious diseases from the general prison population; there was only limited support for persons with mental illnesses or disabilities. As of September officials reported that 151 prisoners were being treated for tuberculosis. Officials also stated that all penitentiary centers had an antiretroviral treatment program. CONAPREV reported that every prison had a functioning health clinic with at least one medical professional. Basic medical supplies and medicines, particularly antibiotics, were in short supply throughout the prison system. In most prisons only inmates who purchased bottled water or had water filters in their cells had access to potable water.

Administration: As of September the INP reported no formal complaints for mistreatment of detainees, although CONAPREV alleged 39 possible cases of torture or cruel, inhuman, or degrading treatment. Authorities conducted no official investigations of mistreatment because they received no formal complaints. Media reports noted that family members often face long delays or are unable to visit detainees.

Independent Monitoring: The government generally permitted prison visits by independent local and international human rights observers, including the International Committee of the Red Cross. CONAPREV conducted seven visits to juvenile detention facilities as of the end of August. The judicial system was legally responsible for monitoring prison conditions and providing for the rights of prisoners.

Improvements: Through September the INP trained 435 technical, administrative, and security personnel working in 13 prisons on topics such as first aid and appropriate use of force.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The Inter-American Commission on Human Rights (IACHR) reported that authorities at times failed to enforce these requirements effectively.

ROLE OF THE POLICE AND SECURITY APPARATUS

The HNP maintains internal security and reports to the Secretariat of Security. ATIC has legal authority to investigate 21 types of crimes and make arrests. The armed forces, which report to the Secretariat of Defense, are responsible for external security but also exercise some domestic security responsibilities. Some larger cities have independent police forces that supplement the HNP and report to municipal authorities. The PMOP reports to military authorities but conducts operations sanctioned by civilian security officials as well as by military leaders. As of September the PMOP had approximately 4,500 personnel organized into eight of 10 planned battalions and was present in all 18 departments. The National Interinstitutional Security Force (FUSINA) coordinates the overlapping responsibilities of the HNP, PMOP, National Intelligence Directorate, Public Ministry, and national court system. FUSINA reports to the National Security and Defense Council. The president chairs the council, which includes representatives of the Supreme Court, National Congress, Public Ministry, and Secretariats of Security and Defense.

Civilian authorities at times did not maintain effective control over the security forces. The government took steps to investigate and punish abuses, but corruption and inefficiency resulted in impunity in many cases. The armed forces surrendered members accused of human rights violations to civilian authorities. The armed forces sometimes dishonorably discharged such individuals, even before a criminal trial. The Public Ministry, primarily through the Office of the Special Prosecutor for Crimes against Life, is responsible for investigating cases in which a government agent is allegedly responsible for killing a civilian. Prosecutors try such cases in civilian courts. Prosecutors and judges attached to FUSINA prosecute and hear cases related to FUSINA operations. A unit within the Office of the Special Prosecutor for Crimes against Life manages some cases of homicides committed by members of the security forces and government officials. The human rights office of the joint staff of the armed forces investigates allegations of human rights abuses by members of the armed forces.

The human rights office of the joint staff of the armed forces reported that in 2017 more than 6,200 members of the armed forces, including the army, navy, air force, PMOP, and others, received training on human rights. Through June more than 5,800 members of the armed forces received human rights training from military and nongovernmental organization (NGO) instructors.

Corruption and impunity remained serious problems within the security forces. Some members of security forces allegedly committed crimes, including crimes linked to local and international criminal organizations. The Public Ministry’s ATIC investigated some criminal cases involving HNP officers.

As of November the Police Purge Commission reported that, since its creation in 2016, it had referred for removal or provisional suspension more than 5,600 police officers on various grounds including corruption, criminal activity, and poor performance.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law provides that police may make arrests only with a warrant, unless they make the arrest during the commission of a crime, there is strong suspicion that a person has committed a crime and might otherwise evade criminal prosecution, they catch a person in possession of evidence related to a crime, or a prosecutor has ordered the arrest. The law requires police to inform persons of the grounds for their arrest and bring detainees before a competent judicial authority within 24 hours. It stipulates that a prosecutor has 24 additional hours to decide if there is probable cause for indictment, whereupon a judge has 24 more hours to decide whether to issue a temporary detention order. Such an order may be effective for up to six days, after which the judge must hold a pretrial hearing to examine whether there is probable cause to continue pretrial detention. The law allows persons charged with some felonies to avail themselves of bail and gives prisoners a right of prompt access to family members. The law allows the release of other suspects pending formal charges, on the condition that they periodically report to authorities. The government generally respected these provisions. Persons suspected of any of 22 specific felonies must remain in custody, pending the conclusion of judicial proceedings against them. Some judges, however, ruled that such suspects may be released on the condition that they continue to report periodically to authorities. The law grants prisoners the right to prompt access to a lawyer of their choice and, if indigent, to government-provided counsel, although authorities did not always abide by these requirements.

Arbitrary Arrest: The Public Ministry reported 49 cases of illegal detention or arbitrary arrest as of October. As of September the National Human Rights Commission of Honduras (CONADEH) reported 16 cases of arbitrary arrest by the HNP, two by the DPI, and six by the armed forces.

Pretrial Detention: Judicial inefficiency, corruption, and insufficient resources delayed proceedings in the criminal justice system, and lengthy pretrial detention was a serious problem. For crimes with minimum sentences of six years’ imprisonment, the law authorizes pretrial detention of up to two years. The prosecution may request an additional six-month extension, but many detainees remained in pretrial detention much longer, including for more time than the maximum period of incarceration for their alleged crime. The law does not authorize pretrial detention for crimes with a maximum sentence of five years or less. The law mandates that authorities release detainees whose cases have not yet come to trial and whose time in pretrial detention already exceeds the maximum prison sentence for their alleged crime. Even so, many prisoners remained in custody after completing their full sentences, and sometimes even after an acquittal, because officials failed to process their releases expeditiously.

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The law provides for freedom of peaceful assembly, and the government generally respected this right. The law requires a judge to issue an eviction order for individuals occupying public and private property if security forces had not evicted the individuals within a specified period of the occupation. Some local and international civil society organizations, including students, agricultural workers groups, political parties, and indigenous rights groups, alleged that members of the security forces used excessive force to break up demonstrations. The IACHR reported that the government at times used a policy of arbitrary detentions or arrests to inhibit protest.

Law enforcement evictions of protesters, land rights activists, and others were generally conducted peacefully, although injuries to both protesters and law enforcement officers were occasionally reported. The NGO Peace Brigades International reported several instances of threats and intimidation by security forces, including a heavy military presence in disputed areas. Conversely, media sources reported in October that two soldiers were ambushed and killed near Tocoa, Colon, as they sought peacefully to remove protesters from blocking a road. No suspects were arrested, and it is unclear if the shooters were related to the protesters or linked with illicit groups.

FREEDOM OF ASSOCIATION

The law provides for freedom of association, and the government generally respected this right. The law prohibits illicit association, defined as gatherings by persons bearing arms, explosive devices, or dangerous objects with the purpose of committing a crime, and prescribes prison terms of two to four years and a fine of 30,000 to 60,000 lempiras ($1,250 to $2,500) for anyone who convokes or directs an illicit meeting or demonstration. There were no reports of such cases during the year, although authorities charged some protesters with sedition. Public-sector unions expressed concern over some officials refusing to honor bargaining agreements and firing union leaders. The law prohibits police from unionizing (see section 7.a.).

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

A wide variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were somewhat cooperative and responsive to their views. Human rights organizations criticized government officials for lack of access and responsiveness.

The United Nations or Other International Bodies: Some civil society organizations criticized the government for failing to comply with, or inadequately complying with, rulings by the Inter-American Court of Human Rights and protection measures ordered by the court and the IACHR.

Government Human Rights Bodies: A semiautonomous commissioner for human rights served as an ombudsman and investigated complaints of human rights abuses. With offices throughout the country, the ombudsman received cases that otherwise may not have risen to national attention. An independent Ministry of Human Rights was established in January and, despite operational challenges from its recent inception, has served as an effective advocate for human rights within the government. The Public Ministry’s Office of the Special Prosecutor for Human Rights handled cases involving charges of human rights abuses by government officials. In March the Public Ministry also created the Special Prosecutor’s Office for the Protection of Human Rights Defenders, Journalists, Social Communicators, and Justice Officials. The Human Rights Committee is in the congress. The Ministries of Security and Defense both have human rights offices that investigated alleged human rights abuses and coordinated human rights-related activities with the Ministry of Human Rights.

Iraq

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

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were numerous reports that some government forces, including the PMF and Asayish, committed arbitrary or unlawful killings, as did ISIS and other terrorist groups (see section 1.g.). During the year the security situation remained unstable in some areas, due to: regular raids and attacks by ISIS and their affiliated cells, particularly in remote areas; sporadic fighting between the ISF and ISIS holdouts in remote areas; the presence of militias not fully under the control of the government, including certain PMF units, in many liberated areas; and sectarian, ethnic, and financially motivated violence. From January 1 to August 31, the UN Assistance Mission for Iraq (UNAMI) reported more than 700 civilians killed in the country.

Government security forces reportedly committed extrajudicial killings. The government rarely made public its identification and prosecution of specific perpetrators of abuses and atrocities. Human rights organizations reported that both Ministry of Interior and Ministry of Defense personnel tortured detainees to death. For example, Human Rights Watch (HRW) reported in August that at least three individuals died from torture in the Mosul police station and Faisaliya Prison in east Mosul. The August report details the experiences of “Mahmoud,” who reportedly was detained and tortured at Faisaliya Prison from January to May and who recounted the death of a cousin of another detainee named “Ammar.” “Mahmoud” reportedly heard screams as prison officers beat “Ammar’s” cousin unconscious on two consecutive nights. After the second night, “Mahmoud” recounted taking off the man’s clothes to care for him, finding he had two big bruises to his waist on either side, green bruises on his arms, and a long red burn down the length of his penis.

Security forces fired upon and beat demonstrators protesting unemployment and poor public services related to water and electricity in Basrah Governorate and elsewhere in southern Iraq between July and September. HRW reported that the security forces, largely from the Ministry of Interior, used excessive and unnecessary lethal force in controlling protests that at times turned violent. Nongovernmental organizations (NGOs) and media reported at least eight deaths related to the protests in July. On September 5, at least seven died in clashes with security forces during protests in Basrah. Some demonstrators also turned to violence and set fire to government buildings, the Iranian Consulate, and the offices of pro-Iran militias and political parties. Local and international human rights organizations accused ISF, including Asaib Ahl al-Haq (AAH) PMF units, of using excessive force, including live ammunition, against the protesters and called for the government to conduct an investigation into the deaths and violence during the protests.

In response to the protests, Prime Minister Abadi dismissed the head of Basrah’s military operations. As of October, the government had not reported any progress in investigating the killing of the protesters.

In 2017 the Office of the Prime Minister announced the establishment of a committee to investigate allegations of ISF abuse during the operation to retake Mosul from ISIS. It stated the government had arrested, and planned to prosecute, several ISF officers. HRW reported in April that the government disposed of evidence of a potential war crime committed against members of ISIS, removing an estimated 80 bodies from a damaged house in Mosul and burning the house. HRW added that at least one of the bodies appeared to have its legs bound, that there was no indication that the government was collecting evidence, and that government officials refused to tell its researchers where they were taking the bodies. As of October the government had not published specific information on judicial proceedings against any members of the security forces.

Human rights organizations reported that Iran-aligned PMF militia groups engaged in killing, kidnapping, and extortion throughout the country, particularly in ethnically and religiously mixed governorates. Media reported that in April members of the Peace Brigades PMF militia and Federal Police killed Brigadier General Shareef Ismaeel al-Murshidi, a brigade commander whose forces were tasked with protecting the prime minister and Baghdad’s Green Zone, as well as two of his guards at a PMF checkpoint in Samarra, Salah al-Din Governorate. Media reported in August that members of the Banu al-Khazraj tribe in Dujail, Salah al-Din Governorate, alleged that AAH kidnapped and killed three tribal sheikhs in August the week after clashes between the two groups.

Civil society activists said Iran-aligned militias, specifically AAH, were also responsible for several attacks against prominent women. Human rights organizations reported that militia groups and their supporters posted threats on social media against specific female activists participating in protests in Basrah in September, and on September 25, activist Suad al-Ali was shot and killed in Basrah. Human rights activists stated they believed AAH was responsible, although police were also investigating the woman’s former husband. On September 27, armed gunmen shot and killed Iraqi social media star and model Tara Fares in Baghdad. Civil society groups said they believed an Iran-aligned militia, most likely AAH, killed Fares as well as the owners of three beauty centers in August and October (see section 6, Women).

Terrorist violence continued throughout the year, including ISIS attacks (see section 1.g.).

Unlawful killings by unidentified gunmen and politically motivated violence frequently occurred throughout the country. For example, in May police reported two unknown masked gunmen killed three people in a drive-by shooting in Basrah, and unidentified attackers shot and killed the mayor of Hammam al-Alil, near Mosul, as he left his home.

Ethnic and sectarian-based fighting continued in mixed governorates, although at lower rates than in 2017. While minority advocacy groups reported threats and attacks targeting their communities, it was difficult to categorize many incidents as based solely on ethnic or religious identity because religion, politics, and ethnicity were often closely linked.

On July 23, three gunmen, whom KRG authorities said had links to a terrorist group, forcibly entered a government building in central Erbil and killed a Christian employee. Authorities stated they believed the attackers, whom police eventually killed, targeted the victim because of his religion.

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

Although the constitution and law prohibit such practices, neither defines the types of conduct that constitute torture, and the law gives judges full discretion to determine whether a defendant’s confession is admissible. There were numerous reports that government officials employed torture and other cruel, inhuman, or degrading treatment or punishment, and that courts routinely accepted forced confessions as evidence, which was often the only evidence in ISIS-related counterterrorism cases.

As in previous years, there were credible reports that government forces, including Federal Police, NSS, PMF, and Asayish, abused and tortured individuals–particularly Sunni Arabs–during arrest, pretrial detention, and after conviction. Former prisoners, detainees, and international human rights organizations documented cases of torture and other cruel, inhuman, or degrading treatment or punishment in Ministry of Interior-run facilities and to a lesser extent in Ministry of Defense-run detention facilities, as well as in facilities under KRG control.

In an August report, HRW documented details of torture and other cruel, inhuman, or degrading treatment or punishment of detainees in custody in facilities run by the Ministry of Interior in the Mosul area. These included the Mosul police office and the Intelligence and Counter-Terrorism Office’s Faisaliya Prison in east Mosul as well as Qayyarah Prison, which reportedly consisted of a group of three abandoned and dilapidated houses south of Mosul. According to HRW, one interviewee reportedly witnessed or experienced repeated torture during interrogations at Faisaliya Prison from January to May, including: hanging from the hands bound behind the back; beatings with plastic and metal pipes and cables, including on the soles of the feet; burning of the penis and testicles with a hot metal ruler; hanging by a hook and tying a one-quart water bottle to the penis; and kneeling with the hands tied together behind the back. The May report also cited a man who reportedly saw other men returning from interrogations with physical signs of abuse during his year in detention at Qayyarah and Faisaliya Prisons. HRW stated the government’s failure to investigate the reports properly led to a culture of impunity among security forces. In September the government reported it had started an investigation committee to look into the accusations.

Denial of access to medical treatment was also a problem. Local human rights organizations reported that government forces in Basrah Governorate prevented hospitals from treating people injured in protests against the government in September.

In May a video circulated among local human rights civil society organizations (CSOs) in which Rayan al-Kildani, leader of the Iran-aligned Babylon Brigade PMF group, cut off the ear of a handcuffed detainee.

Instances of abusive interrogation also reportedly occurred in some detention facilities of the KRG’s Asayish internal security unit and the intelligence services of the major political parties–the Kurdistan Democratic Party’s (KDP) Parastin, and the Patriotic Union of Kurdistan’s (PUK) Zanyari. According to local and international human rights organizations, mistreatment of prisoners and detainees in the KRG typically occurred before their arrival at official detention facilities.

The Independent Human Rights Commission of the Kurdistan Region (IHRCKR) reported in September that the KRG held 56 boys in an Erbil juvenile detention facility on ISIS-related accusations, of whom 42 were convicted of crimes and 14 were still awaiting trial. Most of the boys alleged both PMF and KRG security forces subjected them to various forms of abuse, including beatings. In August, HRW reported that virtually all of the abuse alleged by these boys occurred between their arrest and their arrival at long-term detention facilities, rather than at the detention facilities themselves.

Prison and Detention Center Conditions

Prison and detention center conditions were harsh and life threatening due to food shortages, gross overcrowding, physical abuse, and inadequate sanitary conditions and medical care.

Physical Conditions: Overcrowding in government-run prisons was a systemic problem exacerbated by an increase in the number of alleged ISIS members detained during the year. In addition three of the 24 correctional facilities managed by the Iraqi Corrections Service, the government entity with legal authority to hold persons after conviction, were not operational due to the security situation.

Al-Nasiriyah Central Prison, also known as al-Hoot Prison, in Dhi Qar Governorate, was designed to hold 2,400 prisoners, but Iraq High Commission for Human Rights (IHCHR) observers reported in July that the prison held approximately 9,000 prisoners.

Overcrowding exacerbated corruption among some police officers and prison administrators, who reportedly took bribes to reduce or drop charges, cut sentences, or release prisoners early.

Authorities separated detainees from convicts in most cases. Prisoners facing terrorism charges were isolated from the general detainee population and were more likely to remain in Ministry of Interior or Ministry of Defense detention for longer periods.

Although the government held most juvenile pretrial detainees and convicts in facilities operated by the Ministry of Labor and Social Affairs, there were reports that Ministry of Justice-administered prisons, Ministry of Interior police stations, and other Ministry of Interior detention facilities held some juveniles in separate facilities or mixed with adult prisoners.

The Ministry of Justice reported there were no accommodations for inmates with disabilities, and a previously announced ministry initiative to establish facilities for such detainees was not fully implemented as of August.

Inmates in government-run prisons and detention centers often lacked adequate food, potable water, sanitation, ventilation, lighting, and medical care. Some detention facilities did not have an onsite pharmacy or infirmary, and authorities reported that even when they existed, pharmacies were often undersupplied and government officers reportedly withheld medication or medical care from prisoners and detainees. Women’s prisons often lacked adequate child-care facilities for inmates’ children, whom the law permits to remain with their mothers until age four. Limited and aging infrastructure worsened sanitation, limited access to potable water, and led to preparation of poor-quality food in many prison facilities. Authorities reportedly kept prisoners confined in their cells for long periods without an opportunity for exercise or use of showers or sanitary facilities.

HRW reported in July that NSS admitted detaining more than 400 individuals (many unlawfully) in a secret detention facility in east Mosul. The facility was a two-story house next to the NSS office in al-Shurta neighborhood. There appeared to be no legal mandate for this facility, and its existence previously was denied. After being detained there in April, Faisel Jeber told HRW that he was one of almost 80 detainees in a room 13 feet by 16 and a half feet with one window and a small ventilator. According to Jeber, half the prisoners were standing and the other half sitting because there was not enough room for everyone to sit at the same time. Jeber said that on his first night, someone died from torture and another had an epileptic seizure but received no medical attention. Some bribed guards to communicate with their families indirectly, but reportedly no one was allowed a family visit even after two years in detention. HRW reported conditions in al-Shurta were similar to facilities in Qayyarah and Hammam al-Alil, facilities HRW visited in 2017.

According to UNAMI the KRG’s newer detention facilities in major cities were well maintained, although conditions remained poor in many smaller detention centers operated by the KRG Ministry of Interior. In some KRG Asayish detention centers and police-run jails, KRG authorities occasionally held juveniles in the same cells as adults. An IHRCKR report stated that authorities housed more than 40 minors, with ages ranging from six months to 12 years, in Erbil prisons with their convicted mothers, as of November. UNICEF funded a separate annex to the prison for these minors, but they continued to lack access to education. After reports of poor quality food in prisons, the mayor of Erbil replaced the companies contracted to provide food services in Erbil prisons and ensured new contracts included strict quality standards.

Administration: The central government reported it took steps to address allegations of mistreatment in central government facilities, but the extent of these steps was not known. Several human rights organizations stated that the country’s judges frequently failed to investigate credible allegations that security forces tortured terrorism suspects and often convicted defendants based (often solely) on allegedly coerced confessions.

Prison and detention center authorities reportedly sometimes delayed the release of exonerated detainees or inmates due to lack of prisoner registration or other bureaucratic issues, or they extorted bribes from prisoners for release at the end of their sentence. International and local human rights groups reported that authorities in numerous instances denied family visits to detainees and convicts. Guards allegedly often demanded bribes or beat detainees when detainees asked to call their relatives or legal counsel. A Ninewa Governorate official said PMF released arrestees and detainees suspected of having ISIS ties after they paid bribes.

The KRG had no uniform policy for addressing allegations of abuse by KRG Ministry of Interior officers or the Asayish. In a March report on prison conditions across the IKR, the IHRCKR stated some prisons failed to maintain basic standards and to safeguard the human rights of prisoners. The report emphasized the need for new buildings and for laws to protect the rights and safety of inmates, such as separating drug dealers and drug users. In May, seven inmates were killed and 18 injured in a fire set during a riot inside Zarka Prison in Duhok Governorate.

Independent Monitoring: Iraqi Corrections Service prisons allowed regular visits by independent nongovernmental observers. The International Committee of the Red Cross (ICRC) reported the Ministries of Justice, Interior, Defense, and Labor and Social Affairs largely permitted them access to prisons and detention facilities. Authorities also granted UNAMI access to Ministry of Justice prisons and detention facilities in Baghdad. There were reports of some institutional interference in prison visits, and in some cases institutions required advance notification to wardens and prison officials for outside monitor visits. The government denied the existence of some secret detention centers but admitted the existence of an NSS detention center in al-Shurta, east Mosul, despite previous denials, and permitted monitoring of a replacement facility.

The KRG generally allowed international human rights NGOs and intergovernmental organizations to visit convicted prisoners and pretrial detainees, but occasionally authorities delayed or denied access to some individuals, usually in cases involving terrorism. The United Nations and the ICRC had regular access to IKR prisons and detention facilities. Local CSO Kurdistan Human Rights Watch (KHRW) reported that, although they were previously able to access any IKR prison without notice, they increasingly had to request permission in advance to gain access. They usually received permission, but typically at a higher rate and more quickly at Ministry of Social Affairs prisons than those run by the Asayish. KHRW also stated the Asayish sometimes denied holding prisoners to avoid granting independent organizations access to them. KHRW stated in July they had evidence that two Kurdish youth arrested in March on suspicion of drug trafficking remained in Asayish custody without trial, but Asayish authorities denied any knowledge of their cases.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court. Despite such protections, there were numerous reports of arbitrary arrests and detentions, predominantly of Sunni Arabs, including IDPs.

ROLE OF THE POLICE AND SECURITY APPARATUS

Numerous domestic security forces operated throughout the country. The regular armed forces and domestic law enforcement bodies maintained order within the country. The PMF, a state-sponsored umbrella military organization composed of approximately 60 militia groups, operated throughout the country. Some PMF groups, however, such as AAH and KH, often appeared to operate independently from Iraqi authorities and answer to Iranian authorities. They sometimes undertook operations independent of political leaders or military commanders and discounted the authority of commanders during sanctioned operations. Most PMF units were Shia Arab, reflecting the demographics of the country. Shia Arab militia operated across the country, while Sunni Arab, Yezidi, Christian, and other minority PMF units generally operated within or near their home regions. The Peshmerga, including militias of the KDP and PUK, maintained order in the IKR.

The ISF consists of security forces administratively organized within the Ministries of Interior and Defense, the PMF, and the Counterterrorism Service. The Ministry of Interior is responsible for domestic law enforcement and maintenance of order; it oversees the Federal Police, Provincial Police, Facilities Protection Service, Civil Defense, and Department of Border Enforcement. Energy police, under the Ministry of Oil, are responsible for providing infrastructure protection. Conventional military forces under the Ministry of Defense are responsible for the defense of the country but also carry out counterterrorism and internal security operations in conjunction with the Ministry of Interior. The Counterterrorism Service reports directly to the prime minister and oversees the Counterterrorism Command, an organization that includes three brigades of special operations forces. The NSS intelligence agency also reports directly to the prime minister.

In March the prime minister issued a decree formalizing inclusion of the PMF in the security forces, granting them equivalent salaries and subjecting them to military service laws. While limited by law to operations in the country, in some cases units reportedly supported the Assad regime in Syria, acting independently of the Iraqi government’s authority. The government did not recognize these fighters as PMF even if their organizations were part of the PMF. All PMF units officially report to the national security advisor and are under the authority of the prime minister, but several units in practice were also responsive to Iran and Iran’s Islamic Revolutionary Guard Corps. The prime minister, national security advisor, and ISF did not demonstrate consistent command and control over all PMF activities, particularly units aligned with Iran. Actions by disparate PMF units exacerbated security challenges and sectarian tensions, especially in diverse areas of the country such as Ninewa and Kirkuk Governorates.

The two main Kurdish political parties, the KDP and the PUK, each maintained an independent security apparatus. Under the federal constitution, the KRG has the right to maintain internal security forces, but the PUK and KDP separately controlled additional Peshmerga units. The KDP and PUK likewise maintained separate Asayish internal security services and separate intelligence services, nominally under the KRG Ministry of Interior.

KRG forces detained suspects in areas the regional government controlled. Poorly defined administrative boundaries and disputed territories between the IKR and the rest of the country led to confusion over the jurisdiction of security forces and the courts.

Government forces made limited efforts to prevent or respond to societal violence, including ethnosectarian violence that continued to flare in Kirkuk and Ninewa Governorates during the year.

Civilian authorities did not maintain effective control over some elements of the security forces, particularly certain Iran-aligned PMF units. Impunity was a problem. There were reports of torture and abuse throughout the country in facilities used by the Ministries of Interior and Defense, as well as PMF groups and the NSS. According to international human rights organizations, abuse took place primarily during detainee interrogations while in pretrial detention. Other problems persisted, including corruption, within the country’s provincial police forces. The military and Federal Police recruited and deployed soldiers and police officers on a nationwide basis, leading to complaints from local communities that members of the army and police were abusive because of ethnosectarian differences.

Investigators in the Ministry of Interior’s office of the inspector general were responsible for conducting investigations into human rights abuses by security forces, with a preliminary report due within 30 days. The minister of interior or the prime minister can also order investigations into high-profile allegations of human rights abuses, as occurred following reports of ISF abuses during September protests in Basrah. The government rarely made the results of investigations public or punished those responsible for human rights abuses.

The IHRCKR routinely notified the Kurdistan Ministry of Interior when it received credible reports of police human rights violations. The KRG High Committee to Evaluate and Respond to International Reports reviewed charges of Peshmerga abuses, largely against IDPs, and exculpated them in public reports, but human rights organizations questioned the credibility of those investigations.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law prohibits the arrest or remand of individuals, except by order of a competent judge or court or as established by the code of criminal procedures. The law requires authorities to register the detainee’s name, place of detention, reason for detention, and legal basis for detention within 24 hours of the detention–a period that may be extended to a maximum of 72 hours in most cases. For offenses punishable by death, authorities may legally detain the defendant as long as necessary to complete the judicial process. The Ministry of Justice is responsible for updating and managing these registers. The law requires the Ministries of Defense and Interior and the NSS to establish guidelines for commanders in battlefield situations to register detainees’ details in this central register. The law also prohibits any entity, other than legally competent authorities, to detain any person.

Human rights organizations reported that government forces, including the ISF, Federal Police, NSS, PMF, Peshmerga, and Asayish, frequently ignored the law. Local media and human rights groups reported that authorities arrested suspects in security sweeps without warrants, particularly under the antiterrorism law, and frequently held such detainees for prolonged periods without charge or registration. The government periodically released detainees, usually after concluding that it lacked sufficient evidence for the courts to convict them, but many others remained in detention pending review of other outstanding charges. In July HRW reported that the NSS admitted detaining more than 400 individuals (many arbitrarily or unlawfully) for prolonged periods up to two years, despite not having a legal mandate to do so (see section 1.c.).

According to NGOs, detainees and prisoners whom the judiciary ordered released sometimes faced delays from the Ministry of Interior or other ministries to clear their record of other pending charges and release them from prison.

The law allows release on bond for criminal (but not security) detainees. Authorities rarely released detainees on bail. The law provides for judges to appoint paid counsel for the indigent. Attorneys appointed to represent detainees frequently complained that insufficient access to their clients hampered adequate attorney-client consultation. In many cases, detainees were not able to meet their attorneys until their scheduled trial date. There were numerous reports that defendants did not have access to legal representation during the investigation phase, appointed lawyers lacked sufficient time to prepare a defense, and that courts failed to investigate claims of torture while in detention.

In a July report, private defense attorneys told HRW that in terrorism cases they never seek permission to represent their clients at the initial investigative hearing out of concern that security forces and judges at the investigative court would label them “ISIS lawyers,” subjecting them to arrest. They instead wait for the court to appoint a lawyer and only step in after the case is transferred to the felony court, where the risk of harassment and threats is significantly lower. Private defense attorneys did not represent any of the terrorism defendants in the 18 felony trials HRW observed in Baghdad and Ninewa, and the state-appointed defense attorneys reportedly did not actively mount a defense or seek investigations into torture claims. A member of Iraq’s Bar Association in Baghdad told HRW that the government pays state-appointed defense attorneys 25,000 Iraqi dinars ($21) per case, regardless of the amount of time they spend, giving lawyers no incentive to meet their client before the investigative hearing, study the case file, or continue to represent them in subsequent hearings. Lawyers said this lack of representation leaves defendants more vulnerable to abuse.

Government forces held many terrorism-related suspects incommunicado without an arrest warrant and transported detainees to undisclosed detention facilities (see section 1.b.).

Arbitrary Arrest: There were numerous reports of arbitrary or unlawful detention by government forces, including ISF, Federal Police, NSS, PMF, Peshmerga, and Asayish. There were no reliable statistics available regarding the number of such acts or the length of detentions. Authorities often failed to notify family members of the arrest or location of detention, resulting in incommunicado detention if not enforced disappearance (see section 1.b.). Humanitarian organizations also reported that, in many instances, central government forces did not inform detainees of the reasons for their detention or the charges against them. Most reports of arbitrary or unlawful detention involved suspected members or supporters of ISIS and their associates and family members. Individuals arbitrarily or unlawfully detained were predominantly Sunni Arabs, including IDPs. There were reports of Iran-aligned PMF groups also arbitrarily or unlawfully detaining Kurds and Turkmen in Kirkuk and Christians and other minorities in western Ninewa and the Ninewa Plain. A Ninewa-based CSO reported that the proliferation of intelligence, police, and security agencies, including the PMF, making arrests in Mosul complicated the ability of detainees’ families to determine which agencies held their relatives. There were also reports that security forces beat suspects, destroyed their houses, and confiscated property and food rations during operations to detain those with tenuous family ties to ISIS.

A September HRW report detailed the experiences of a man who reportedly was arbitrarily detained by KH for four months in 2014 and whose son remained missing. The man said that he, his son, and their taxi driver were arrested by KH at a checkpoint in Hilla and held for three days in a nearby house used as an unofficial detention center. KH reportedly released the driver but accused the man and his son of being sympathetic to ISIS. The man described how KH frequently beat him and his son with sticks, metal cables, and their hands. KH reportedly moved the two men to a larger unofficial detention facility where they met 64 other detainees, most belonging to the same tribe. After more than four months in squalid conditions, the man said KH dumped him and two older men on a Baghdad highway after a doctor who visited them told KH the men would likely die. The man stated that, as far as he knows, the same facility still held his son.

Pretrial Detention: The Ministries of Justice, Defense, Interior, and Labor and Social Affairs are authorized by law to hold pretrial detainees, as is the NSS in limited circumstances for a brief period. Lengthy pretrial detentions without due process or judicial action were a systemic problem, particularly for those accused of having ties to ISIS. There were no independently verified statistics, however, concerning the number of pretrial detainees in central government facilities, the approximate percentage of the prison and detainee population in pretrial detention, or the average length of time held.

The lack of judicial review resulted from several factors, including a large number of detainees, undocumented detentions, slow processing of criminal investigations, an insufficient number of judges and trained judicial personnel, authorities’ inability or reluctance to use bail or other conditions of release, lack of information sharing, bribery, and corruption. Overcrowding of pretrial detainees remained a problem in many detention centers.

Lengthy pretrial detentions were particularly common in areas liberated from ISIS, where the large number of ISIS-related detainees and use of makeshift facilities led to significant overcrowding and inadequate services. There were reports of both detention beyond judicial release dates and unlawful releases. The destruction of official detention facilities in the war against ISIS led to the use of temporary facilities; for example, the Ministry of Interior reportedly held detainees in homes rented from local residents in Ninewa Governorate.

The government did not publish comprehensive statistics on the status of the more than 1,400 non-Iraqi women and children it detained during military operations in Tal Afar, Ninewa Governorate, in August 2017. In February and June HRW reported problems relating to the detention and trial of those foreign women and children.

Authorities reportedly held numerous detainees without trial for months or years after arrest, particularly those detained under the antiterrorism law. Authorities sometimes held detainees incommunicado, without access to defense counsel, presentation before a judge, or arraignment on formal charges within the legally mandated period. Authorities reportedly detained spouses and other family members of fugitives–mostly Sunni Arabs wanted on terrorism charges–to compel their surrender.

KRG authorities also reportedly held detainees for extensive periods in pretrial detention. According to IKR judicial officials, IKR law permits extension of pretrial detention of up to six months under court supervision. According to local CSOs and the IHRCKR, however, some detainees were held more than six months without trial, and the IHRCKR was tracking the cases of four detainees held for at least four years.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: The constitution and law grant detainees the right to a prompt judicial determination on the legality of their detention and the right to prompt release. Despite the 2016 reform law concerning rights of detainees, NGOs widely reported that detainees had limited ability to challenge the lawfulness of detention before a court and that a bribe was often necessary to get charges dropped unlawfully or gain release from arbitrary detention. While a constitutional right, the law does not allow for compensation for a person found to have been unlawfully detained.

Amnesty: In December 2017 the Iraqi Kurdistan Parliament (IKP) issued an amnesty reducing the sentence of prisoners on death row to 15 years in prison, except in cases of terrorism, threatening national security, or killing women in so-called honor killings. While some NGOs protested that such a crosscutting amnesty undermined the justice system, the IHRCKR said that the IKP consulted them and incorporated all of the commission’s recommendations for the law.

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The government sometimes limited freedoms of peaceful assembly and association.

FREEDOM OF PEACEFUL ASSEMBLY

The constitution provides for freedom of assembly and peaceful demonstration “regulated by law.” Regulations require protest organizers to request permission seven days in advance of a demonstration and submit detailed information regarding the applicants, the reason for the protest, and participants. The regulations prohibit all “slogans, signs, printed materials, or drawings” involving “sectarianism, racism, or segregation” of citizens. The regulations also prohibit anything that would violate the constitution or law; encourage violence, hatred, or killing; or prove insulting to Islam, “honor, morals, religion, holy groups, or Iraqi entities in general.” Provincial councils traditionally maintained authority to issue permits. Authorities generally issued permits in accordance with the regulations.

The government largely respected the right of its citizens to freedom of peaceful assembly. In July and August in Baghdad, demonstrators staged peaceful protests to demand better services, jobs, and an end to government corruption.

In some cases the government used force against protesters. During protests in Basrah Governorate and other areas of southern Iraq over corruption and poor public services related to water and electricity between July and September, at least 15 persons died in clashes with government forces, according to media reports. Local human rights organizations reported that government forces in some cases prevented the injured from receiving treatment at hospitals and detained members of civil society investigating the government’s response to the protests.

On March 28, KRG forces arrested more than 80 protesters demonstrating against poor public services and government salaries in the IKR.

FREEDOM OF ASSOCIATION

The constitution provides for the right to form and join associations and political parties, with some exceptions. The government generally respected this right, except for the legal prohibitions against groups expressing support for the Baath Party or Zionist principles. The penal code stipulates that any person convicted of promoting Zionist principles, association with Zionist organizations, assisting such organizations through material or moral support, or working in any way to realize Zionist objectives, be subject to punishment by death. There were no known cases of individuals charged with violating this law during the year.

The government reported it took approximately one month to process NGO registration applications. NGOs must register and periodically reregister in Baghdad. The NGO Directorate in the Council of Ministers Secretariat reported approximately 3,500 registered NGOs as of September. International organizations such as the ICRC and the International Commission on Missing Persons continued to operate in a legal gray area, given a gap in government registration regulations.

The IKR requires separate registration in Erbil. The first half of the year witnessed continuing fallout from the September 2017 KRG independence referendum in that the KRG and central government did not mutually recognize NGO registration. As a result, many NGOs that were registered only in Baghdad could not operate in the IKR for the first half of the year, while NGOs registered only in Erbil could not operate outside the IKR and KRG-controlled disputed territories until the issue was resolved.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

A number of domestic and international human rights groups operated in most cases with little government restriction or interference, investigating and publishing their findings on human rights cases. Government officials were somewhat cooperative and responsive to their views.

Due to the ISIS-driven humanitarian crisis, the majority of local NGOs focused on assisting IDPs and other vulnerable communities. In some instances these NGOs worked in coordination with central government and KRG authorities. Still, a number of NGOs also investigated and published findings on human rights cases. There were some reports of government interference with NGOs investigating human rights abuses and violations involving government actors. For example, NGOs reported that police detained some of their staff in September for covering protests in Basrah Governorate; police released them several days later.

NGOs faced capacity-related challenges, did not have regular access to government officials, and did not systematically serve as bulwarks against failures in governance and human rights abuses. Domestic NGOs’ lack of sustainable sources of funding hindered the sector’s long-term development. The government rarely awarded NGOs contracts for services. While the law forbids NGOs from engaging in political activity, political parties or sects originated, funded, or substantially influenced many domestic NGOs.

NGOs were prevented from operating in certain sectors (see section 6, Women).

Many NGOs registered only in Baghdad could not operate in the IKR for the first half of the year, while NGOs registered in Erbil could not operate outside the IKR and KRG-controlled disputed territories (see section 2.b.).

The IKR had an active community of mostly Kurdish NGOs, many with close ties to and funding from the PUK and KDP political parties. Government funding of NGOs legally is contingent upon whether an NGO’s programming goals conform to already-identified KRG priority areas. The KRG NGO Directorate established formal procedures for awarding funds to NGOs, which included a public description of the annual budget for NGO funding, priority areas for consideration, deadlines for proposal submission, establishment of a grant committee, and the criteria for ranking proposals.

As with the central government, there were some reports of KRG interference with NGOs investigating human rights abuses and violations involving KRG actors. In January the Academy of Democratic Thoughts, an Erbil-based NGO, reported that the Asayish closed the organization’s offices in Erbil Governorate and shut down the organization’s cultural and anticorruption events, claiming that the themes of the events were not consistent with its status as a NGO.

The United Nations or Other International Bodies: The government and the KRG sometimes restricted the access of the United Nations and other international organizations to sensitive locations, such as Ministry of Interior-run detention facilities holding detainees suspected of terrorism.

Government Human Rights Bodies: The IHCHR is constitutionally mandated. The law governing the IHCHR’s operation provides for 12 full-time commissioners and three reserve commissioners with four-year, nonrenewable terms; in 2017 new commissioners assumed duties. The law provides for the IHCHR’s financial and administrative independence and assigns it broad authority, including the right to receive and investigate human rights complaints, conduct unannounced visits to correctional facilities, and review legislation. Some observers reported the commissioners’ individual and partisan political agendas largely stalled the IHCHR’s work.

The IHRCKR issued periodic reports on human rights, trafficking in persons, and religious freedom in the IKR. The commission reported KRG police and security organizations generally had been receptive to human rights training and responsive to reports of violations. Both the IHRCKR and local NGO Kurdistan Human Rights Watch conducted human rights training for Peshmerga, although the latter group reported it was unable to obtain permission for a similar program for the Asayish.

Jamaica

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

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were numerous reports that government security forces committed arbitrary and unlawful killings. The Jamaica Constabulary Force (JCF), the country’s police force, was responsible for the majority of the cases. As of October 23, the Independent Commission of Investigations (INDECOM), the body parliament established in 2010 to investigate abuses by agents of state, had received 122 reports of security force-related fatalities, compared with 168 in 2017. These were cases where police or joint military-police activity led to the death of a civilian.

The government did not take sufficient action to address this problem. Of the cases of security force-related fatalities reported to INDECOM, fewer than 5 percent led to official charges, and fewer than 2 percent led to a conviction. Even egregious charges against members of the security forces could take years to process. In 2007 police constable Mark Russell shot and killed an unarmed teenage boy in Kingston. The court concluded Russell planted a police-issued rifle on the victim’s person as he lay wounded in the street to corroborate a false report. Defense counsel used various procedural maneuvers to delay the case. In September the court sentenced Russell to 24 years in prison.

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

The constitution prohibits such practices, although there is no legal definition of torture. Allegations of cruel, inhuman, and degrading treatment or punishment towards individuals in police custody continued. The majority of reports described officials using physical force, intimidation, access to water, and extreme exposure to heat or cold to coerce a change in testimony. INDECOM investigated reports of alleged abuse committed by police and prison officials. Representatives from the nongovernmental organization (NGO) Jamaicans for Justice claimed abuse was likely underreported by victims, who feared reprisal or did not believe authorities would act on their complaint.

In one case an elderly woman, Desrine Morris, died while in police custody on or about March 1. The JCF arrested Morris for an unspecified bench warrant. Less than six hours later police reported she had hanged herself. There were no follow-up police reports, and the autopsy did not confirm a cause of death. Friends and family members were skeptical of this being a suicide. Media reports suggested that excessive punitive force may have led to the death.

Prison and Detention Center Conditions

Conditions in prisons and detention facilities were harsh and life threatening due to gross overcrowding, physical abuse, limited food, inadequate sanitary conditions and medical care, and poor administration. Reports existed of corrections officers using their authority to take bribes and control access to prisoners.

Physical Conditions: Some of the most egregious reports of human rights abuses took place in “lock-ups” (facilities to hold pretrial detainees). For example, when the government declared a state of emergency in the parish of St. James in January, it identified a lock-up in Montego Bay to facilitate the influx of detained suspects. The Ministry of Health reported major problems, including the lack of functioning bathroom facilities, lighting, and handwashing stations; poor ventilation; and inadequate drainage. Ministry inspectors noted illnesses caused by cockroaches, rats, mosquitoes, and flies. Detainees consumed nutritionally poor meals. There was no refrigeration on site for food storage. Detainees had less than one hour per day out of the cell to use shower facilities and get food. In some cases guards reportedly denied access to bathrooms and water in order to coerce and punish inmates.

Family members frequently had to wait in long lines to visit detainees held in the Montego Bay lock-up. The guards posted a sign instructing those who wished to purchase a meal for family members to visit a specific gasoline station. A credible report existed of families paying for meals, without receipts or confirmation that a meal was delivered, suggesting the administrators pocketed the money. Attorneys reported extreme difficulty reaching their clients and conveyed that in most cases their detainees did not know why they were arrested. After receiving citizen complaints and some media coverage, the government took some corrective actions to reduce the number of detainees and improve the conditions of the detention facility.

Physical conditions in correctional facilities were slightly better than police lock-ups, but overcrowding remained a concern. At times cells in the maximum-security facilities at Tower Street and St. Catherine held 200 percent of their intended capacity. Local NGOs reported that this occurred because prison administrators did not triage prisoners to lower-security facilities as they should have. Cells were very dark, had subpar bathroom and toilet facilities, and limited ventilation. Prisoners sometimes were unable to receive required medication, including medication for HIV, according to UNAIDS. The HIV prevalence rate among incarcerated populations (more than 3 percent) was reportedly as much as double that of the general population. Four part-time psychiatrists cared for at least 225 inmates diagnosed as persons with mental disabilities in 11 facilities across the island.

Administration: Independent authorities investigated allegations of abuse and inhuman conditions. Official complaints and investigations were infrequent and likely underreported. The Office of the Children’s Advocate investigated matters involving minors.

Independent Monitoring: Justices of the Peace and representatives from the Police Civilian Oversight Authority (PCOA) visited correctional centers and lock-ups regularly. The PCOA submitted reports to the Ministry of National Security with recommendations to improve conditions. Citizen groups and NGOs believed the ministry rarely acted upon the recommendations.

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention but permits arrest with “reasonable suspicion of [a subject] having committed or …about to commit a criminal offense.” 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; however, abuses arose because police regularly ignored the “reasonable suspicion” requirement, arraignment procedures were very lengthy, and large portions of the country were under a state of emergency.

When a public state of emergency (SOE) is declared, the police and military have search, seizure, and arrest authority without a warrant. A state of emergency expires in 14 days unless parliament agrees to extend it. Additionally, the government can identify zones of special operations (ZOSOs), which confers the same authority to security forces, albeit within much smaller physical boundaries. During the year the prime minister declared three geographic areas to fall under an SOE–St. James Parish, announced in January; St. Catherine Parish North Division, declared in March; and a segment of Kingston and St. Andrew Parish, announced in September. Arbitrary and lengthy detentions took place in the execution of both the ZOSOs and SOEs. The Office of the Public Defender, commissioned by parliament to investigate civil and human rights abuses, received reports that security forces temporarily detained more than 2,000 persons in Montego Bay, which was within the St. James SOE, from January to October. Across the country police detained 6,000 persons during the same period. The average length of detention was four days. Extremely few of these arrests resulted in charges.

ROLE OF THE POLICE AND SECURITY APPARATUS

The prime minister has general authority over the Jamaican Defense Board and, as Chairman of the Board, has ministerial responsibility for defense-related matters including the command, discipline, and administration of forces. He is the de facto Minister of Defense. The Ministry of National Security, however, functions as the ministerial home of the Jamaica Defense Force (JDF) and directs policy over the security forces. The JCF, with units for community policing, special response, intelligence gathering, and internal affairs, has primary responsibility for internal security. The JDF’s mandate is to maintain the integrity of Jamaica’s waters and airspace and to provide aid to the civil authorities when appropriate. The JDF, including the Coast Guard, has responsibility for national defense and maritime narcotics interdiction. When the prime minister and parliament declare a state of emergency, the JDF has arrest authority and operational partnership alongside the JCF. The Passport, Immigration, and Citizenship Agency has responsibility for migration.

Civilian authorities maintained effective control over security forces. The government had mechanisms to investigate and punish police abuse, but they were not always employed.

There were hundreds of abuse and wrongful harm complaints regarding the security forces. INDECOM investigated actions by members of the security forces and other agents of the state that resulted in death, injury, or the abuse of civil rights. When appropriate, INDECOM forwarded cases to the Office of the Director of Public Prosecutions for agents to make an arrest. INDECOM remained one of the few external and independent oversight commissions that monitored security forces, but it was unable to investigate each case thoroughly. As of October 23, INDECOM reported 122 security force-related fatalities.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Police officers may arrest without warrant where a felony, treason, or breach of the peace is committed or attempted in the officer’s presence. Upon arrest, the officer is required to tell a suspect in clear language the offense(s) for which the individual is being arrested. Any officer may execute a warrant that is lawfully issued by a judge or justice of the peace without being in possession of the warrant. The officer must produce the warrant if the suspect requests it as soon as practical after the arrest. The decision to charge or release must be resolved within 48 hours, although a judge or justice of the peace may extend the period of custody.

Security forces did not always follow these official procedures. Government officials and members of civil society reported that the public perceived police could arrest regardless of judicial authorization.

Additionally, there were reports of arrests and prolonged periods of detention in which police did not inform the suspect of the official charges. There were multiple reports that detainees did not have access to legal counsel and that apprehended suspects could not notify family members. NGOs estimated that 90 percent of all arrests occurred without a warrant. A police officer could simultaneously arrest and deny bail. The relative looseness in procedure lent itself to low-level corruption where a police constable could accept bribes in lieu of an arrest.

Arbitrary Arrest: Cases of arbitrary detention were greatest in the parishes of St. James and St. Catherine. Since January and March, respectively, the government declared a SOE in these areas because of high levels of criminal and gang violence. The government deployed the military to support local law enforcement. Under these orders security forces carried out a wide-reaching campaign of arbitrary detention and incarceration in an attempt to contain the violence. Media reported that security forces arrested and detained more than 6,000 persons under these conditions. In some cases the police released persons after two weeks of imprisonment only to rearrest them and keep them in jail. Officials, NGOs, and security experts speculated security forces had orders to meet a specified number of arrests each day. There were few official investigations or prosecutions of security force members involved in arbitrary arrests.

Pretrial Detention: Lock-ups are intended for short-term detentions of 48 hours or less, but often the government held suspects in these facilities without charge or awaiting trial for much longer periods. A lack of administrative follow-through after the arrest created problems where persons were incarcerated without any accompanying paperwork. In some cases, weeks, days, or months later, authorities could not ascertain why someone was arrested.

The Office of the Public Defender received reports that when someone was arrested in a ZOSO, the average time in detention was four days. The majority of arrests ended with no charges and the suspect released. The Office of the Public Defender estimated that 14 persons arrested in a ZOSO during the year had been held without charge in excess of 100 days.

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

Domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were cooperative and responsive to their views.

Government Human Rights Bodies: The Office of the Public Defender investigates abuses of constitutional rights and engages with claimants in a process to seek remediation from the government. The public defender is not authorized to appear in court but may retain attorneys to represent clients on the office’s behalf. The office cannot investigate cases affecting national defense or actions investigable by a court of law. As a commission of parliament, this organization’s reach and effect hinges on the political will associated with the case. Parliament can ignore the commission’s findings or demur from recommended action. This limited the overall efficacy of the organization.

Jordan

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

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were some reports of arbitrary or unlawful deprivation of life. Local media, government authorities, and human rights organizations alleged that at least one individual died in custody from alleged torture by Public Security Directorate (PSD)-Criminal Investigations Division (CID) personnel during the year.

In August the Government Coordinator for Human Rights (GCHR) stated the police court was considering one new case of alleged torture and abuse by CID personnel leading to death. Authorities arrested Ibrahim Zahran in Zarqa in June and transferred him to CID custody in Amman, where authorities allegedly beat him to death within 24 hours. PSD Commander Major General Fadel Hmoud immediately opened an investigation and assigned a committee to assess forensic reports to determine criminal liability.

Authorities suspended and detained five CID officers in the course of the investigation. The PSD’s investigation into the incident confirmed the individual’s cause and manner of death was consistent with beating. The quasi-governmental watchdog National Center for Human Rights (NCHR) commended the prompt investigation but described it as “not enough.” The NCHR reiterated its demand to refer such cases to independent civil courts instead of police courts, which fall under the Ministry of Interior and are less independent. In addition to the arrest and prosecution of the officers, the PSD director issued new policy directives regarding the treatment of those in custody including independent reviews of their medical condition and further reviews of detention facilities. The PSD took steps to create a centralized and monitored detention facility to provide compliance with detention policies.

Four additional police court cases continued: the pending trial of eight officers charged with torture after the death of 18-year-old Raed Amar at Jiza police station in May 2017; the trial concerning the 2015 death while in custody of Abdullah al-Zo’ubi (the trial convicted three officers of “torture,” but they appealed the decision); the trial for the 2015 death while in custody of Omar al-Nasir (continuing, with all participants free on bail); and the not guilty verdict concerning the death while in custody of Sultan al-Khatatbeh in 2013, currently under appeal.

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

The constitution bans torture, including psychological harm, by public officials and provides penalties up to three years’ imprisonment for its use, with a penalty of up to 15 years if serious injury occurs. While the law prohibits such practices, international and local nongovernmental organizations (NGOs) continued to report incidents of torture and widespread mistreatment in police and security detention centers. Human rights lawyers found the penal code ambiguous and supported amendments to define “torture” better and strengthen sentencing guidelines. According to government officials, all reported allegations of abuse in custody were thoroughly investigated. Legal aid NGOs disagreed, sharing three cases where they claimed defendants made statements to public prosecutors that they had been tortured, and that the disclosures had been stricken from the record.

Local and international NGOs reported that the Antinarcotics Department routinely subjected detainees to severe physical abuse. Allegations were also made against the CID, which led to criminal charges. While there was no documentation of complaints of mistreatment by the General Intelligence Directorate (GID) during the year, local NGOs said it still occurred, but citizens did not report abuse due to fear of potential reprisals.

Through August 30, the PSD Human Rights and Transparency Office received 192 allegations of harm (a lesser charge than torture that does not require a demonstration of intent) against officers. Most alleged abuse occurred in pretrial detention. For instance, when authorities referred the robbery suspect identified under section 1.b. “Disappearance” to the State Security Court (SCC) after 10 days in detention, the medical examination noted bruising and signs of abuse.

In August 2017 parliament increased the mandatory minimum sentence for torture from six months to one year. The maximum punishment remained three years imprisonment with hard labor with an increased penalty of up to 15 years if serious injury occurred. No convictions have been made under the new penalty, despite an increase in complaints from citizens concerning allegations of mistreatment by law enforcement from last year, according to the NCHR report released on September 10.

Prison and Detention Center Conditions

Conditions in the country’s 16 prisons varied: old facilities were poor, while new prisons met international standards. Authorities held migrants without legal work or residency permits, or charged with other crimes, in the same facilities as citizens. (For information on asylum seekers and refugees, see section 2.d.).

Physical Conditions: During the year, authorities gave prosecutors oversight over the condition of detainees. From January to July, the PSD Human Rights and Transparency Office made 136 visits to detention centers. Significant problems in older prison facilities included inadequate sanitary facilities, poor sanitation and ventilation, extreme temperatures, lack of drinking water, limited access to sunlight, and medical care only in emergencies. In its shadow report for this year’s UN Human Rights Council Universal Periodic Review, including conditions in detention centers, the NCHR identified problems including overcrowding, limited health care, inadequate legal assistance for inmates, and limited social care for the inmates and their families. Detainees reported abuse and mistreatment by guards.

According to the PSD’s Human Rights and Transparency Office, the PSD received 11 cases of allegations of torture and mistreatment in prisons and rehabilitation centers. Authorities convicted seven officers in the death of Ibrahim Zahran, although the officers appealed the verdict. Authorities released all on bail and placed them on administrative leave.

Officials reported overcrowding at most prisons, especially the prisons in and around Amman. The government Coordinator for Human Rights stated that 4,400 detainees above capacity remained in custody as of August.

International and domestic NGOs reported that Islamist prisoners faced harsher prison conditions than other inmates.

According to the PSD, authorities identified some facilities to hold only pretrial detainees. The GID held some persons detained on national security charges in a separate detention facility. During the year, the NCHR made an unspecified number of announced visits to the GID facility, and the GID began allowing the NCHR unsupervised meetings with prisoners. Detainees complained of solitary confinement, isolation, and prolonged pretrial detentions of up to six months. According to human rights activists, the GID held detainees in solitary confinement. Local and international NGOs received reports of mistreatment, abuse, and torture in GID detention facilities.

Although basic medical care was available in all correctional facilities, medical staff complained that correctional facilities throughout the country lacked adequate medical facilities, supplies, and staff. Staff complained that they voiced concerns about deficiencies of care, which authorities did not address. Most facilities were unable to conduct blood tests and had limited X-ray capabilities, forcing doctors to rely largely on self-reporting by patients for certain conditions. If an inmate’s condition was too severe for treatment at the prison’s clinic, doctors recommended transfer to a local hospital.

Conditions in the women’s prisons were generally better than conditions in most of the men’s prisons.

Police stations have no designated holding areas for juveniles. According to the GCHR, authorities held juveniles in special facilities supervised by the Ministry of Social Development. No action was taken to improve mobility in detention centers for persons with disabilities.

Administration: Karamah, a team of government officials and NGOs, and the NCHR monitored prison conditions. In some cases, authorities severely restricted the access of prisoners and detainees to visitors. Authorities allegedly sometimes banned family visits. Authorities sometimes did not inform the families regarding the whereabouts of detainees, or waited between 24 hours and 10 days to alert families, although the PSD attempted to address this problem with a new system of record keeping.

Independent Monitoring: The government permitted some local and international human rights observers and lawyers to visit prisons and conduct private interviews. The International Committee of the Red Cross (ICRC) had wide access to visit prisoners and detainees in all prisons, including facilities operated by the GID, according to standard ICRC modalities. Authorities approved some requests by local human rights observers to conduct monitoring visits independently of Karamah and the NCHR but denied others. Local NGOs reported that access depended on relationships with detention center authorities and whether requests came through the GCHR or the NCHR. The prime minister-appointed government coordinator for human rights organized monitoring visits for several local and international NGO representatives to the Jweideh Prison and Suwaqah Prison.

Improvements: The PSD decided to close rural detention centers that did not meet national and international standards permanently and instead focus on expanding central facilities that met standards. Authorities significantly expanded Jweideh prison this year to address overcrowding. Authorities took steps to use alternatives to prison sentences for nonviolent offenders. In August a community sanctions program was inaugurated that will require community service in lieu of jail time for misdemeanors and felonies that would currently warrant a jail sentence of one year or less. In September, the East Amman First Instance judge sentenced an offender to community service of between 40 and 200 hours and a year under surveillance instead of a prison sentence.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court; however, the government did not always observe these prohibitions.

ROLE OF THE POLICE AND SECURITY APPARATUS

Civilian authorities maintained control over security forces. The PSD controls general police functions. The PSD, the GID, the gendarmerie, the Civil Defense Directorate, and the military share responsibility for maintaining internal security. The PSD, the Civil Defense Directorate, and the gendarmerie report to the minister of interior with direct access to the king when necessary, and the GID reports directly to the king.

According to local and international NGOs, the government rarely investigated allegations of abuse or corruption, and, when it did, there were few convictions and little to no public information or transparency about the investigation or sentencing. Local and international NGOs and activists alleged widespread impunity; however, the PSD disagreed with this characterization. During the year, the PSD director implemented new policies to increase transparency in investigations of allegations of police abuse and pledged to hold officers and their supervisors accountable for their actions. Citizens may file complaints of police abuse or corruption with the PSD’s Human Rights and Transparency Office or with a police prosecutor stationed with each unit and at each prison. Citizens may file complaints of abuse and corruption by the gendarmerie directly with the PSD’s Human Rights and Transparency Office. A GID liaison officer receives complaints against the directorate and refers them to GID personnel for investigation. Citizens may also file complaints against the PSD, gendarmerie, and the GID with the NCHR, several human rights NGOs, or the civilian prosecutor general.

The PSD’s Special Branch Unit is tasked with investigating allegations of police abuse and corruption. According to the law, the PSD and the GID try their personnel internally with their own courts, judges, and prosecutors. Although court hearings are typically public, authorities rarely published reports about the proceedings. The government seconded civilian prosecutors to these courts in response to human rights recommendations. According to human rights organizations and lawyers, trials proceeded slowly and rarely yielded substantive punishments for human rights violations; authorities did not make such punishments public. Human rights activists cited fear of official retribution as a reason for the overall lack of official complaints of human rights violations.

The PSD includes a mandatory module on human rights in required annual training for all personnel including cadets. There is also a mandatory module on human rights in the required training for all new officers in each unit. On May 1, a new human rights training center opened to provide collaborative training to all branches of the PSD. In January, the gendarmerie established a human rights office to train and support forces conducting raids and crowd control more effectively.

During the year, there were few reported instances of security forces using excessive force with impunity and failing to protect demonstrators from violence. In May and June, during sustained protests that forced the former prime minister’s resignation, NGOs agreed that the PSD and gendarmerie forces exercised appropriate restraint while maintaining public order and allowing freedom of expression.

In January, the PSD director ordered immediate investigation of a video reportedly showing police officers mistreating a citizen while arresting him in Karak. The officers were detained at the PSD detention center but subsequently released and placed on administrative leave, pending the results of the investigation, which continued.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law provides the right to appear promptly before a judge or other judicial officer for a judicial determination of the legality of the detention. The law allows authorities to detain suspects for up to 24 hours without a warrant in all cases. It requires that police notify authorities within 24 hours of an arrest and that authorities file formal charges within 15 days of an arrest. Authorities can extend the period to file formal charges to as long as six months for a felony and two months for a misdemeanor. According to local NGOs, prosecutors routinely requested extensions, which judges granted. The SSC authorizes judicial police to arrest and keep persons in custody for seven days prior to notification while conducting criminal investigations. This authority includes arrests for alleged misdemeanors. NGOs alleged that authorities transferred suspects to the SSC to extend the legal time from 24 hours to seven days for investigation prior to notification or transferred suspects from police station to police station to extend the period for investigation. During the summer, authorities implemented a logistical system and standardized record keeping practices designed to reduce the pretrial detention period by holding arresting officials accountable for enforcing the law.

The penal code allows bail, and authorities used it in some cases. In many cases, the accused remained in detention without bail during the proceedings. In July 2017, parliament amended the code of criminal procedure, limiting detention to “exceptional” cases, and strengthening bail and other alternative control measures. In July, the Ministry of Justice proposed a funding application to the Ministry of Finance to purchase electronic bracelets to reduce the number of pretrial detainees in custody. A new PSD regulation instituted during the year contains criteria exempting persons from pretrial detention if they have no existing criminal record and the crime is not a felony.

Most detainees reported not having timely access to a lawyer. Courts appointed lawyers to represent indigent defendants charged with felonies carrying possible life (often interpreted by the judiciary as 20 years) sentences or the death penalty, although legal aid services remained minimal. At times authorities held suspects incommunicado for up to one week or placed them under house arrest. A number of human rights activists alleged that authorities held arrestees incommunicado to hide evidence of physical abuse by security forces. Courts did not offer adequate translation services for defendants who could not speak Arabic.

Arbitrary Arrest: In cases purportedly involving state security, security forces at times arrested and detained individuals without informing them of the charges against them and either did not allow defendants to meet with their lawyers or did not permit meetings until shortly before trial. In August, PSD’s Human Rights and Transparency Office reported authorities held 1,690 persons since January in administrative detention for varying amounts of time. Governors held almost 35,000 persons in administrative detention under the Crimes Prevention Law, an increase of almost 5,000 persons from 2016.

The law allows the 12 provincial governors to detain individuals administratively as they deem necessary for investigation purposes or to protect that individual. Authorities held some individuals in prison or under house arrest without due process and often despite a finding of not guilty in legal proceedings. The governors may prolong detentions, especially those with a criminal history in the interest of “public security” under the Crime Prevention Law. Governors used this provision widely. Several international and national NGOs, along with the NCHR, alleged governors routinely abused the law, imprisoning individuals when there was not enough evidence to convict them, and prolonging the detention of prisoners whose sentences had been completed.

In August, the Ministry of Social Development opened a shelter for women at risk of violence and “honor” crimes. While previously authorities held these women in the same administrative detention facilities as criminals, the PSD now transferred them directly to the shelter. The shelter has space for 40 women, which is higher than the number held in protective detention in 2017. NGOs reported decreased numbers of women at risk of becoming victims of “honor” crimes. As of October, authorities had transferred 10 women to the shelter, with 16 awaiting transfer from Juwaidah Prison.

During the year local NGOs said that officials detained migrant laborers in arbitrary arrests; those whose employers did not administratively secure their release were held for working without authorization, being absent from their authorized workplace, or lacking proper residency permits. One domestic worker claimed that security forces stopped her on the street to ask for her documentation and took her to a detention facility when she was not able to furnish it immediately, without giving her the opportunity to contact her employer to explain her absence or obtain the needed documents.

Pretrial Detention: The law criminalizes detaining any person for more than 24 hours without a prosecutor’s authorization. Rights activists said authorities routinely ignored this limit, and according to human rights organizations, impunity was very common for violations. As of March 44 percent of all detainees were pretrial detainees, according to the University of London’s World Prison Brief, a 7 percent increase from 2017.

The common practice of judges granting extensions to prosecutors prior to filing formal charges unnecessarily lengthened pretrial detention, which lasted anywhere from three days to several years. While judicial reforms implemented this year, such as specialization of judges and prosecutors, were designed to address this problem, the Ministry of Justice lacked the capacity to provide legally mandatory legal aid and translation services and struggled to coordinate witness attendance and transportation of defendants to and from the court. Automation of several legal procedures in recent years reduced the average period of pretrial detention, according to local legal aid organizations, but increased the number of persons in administrative detention using the discretion granted to governors.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: The law does not have an explicit provision that entitles victims of arbitrary or unlawful detention to restitution. The Criminal Procedures Law does not provide for routine judicial review of administrative detentions ordered by the 12 governors. Detainees can bring civil lawsuits for restitution for arbitrary or unlawful detention or bring criminal lawsuits for illegal incarceration, but this option rarely occurred. Detainees must hire a lawyer with at least five years’ experience, must pay their own fees, and must present a copy of the order of detention. There were no cases of restitution during the year.

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The government limited freedoms of peaceful assembly and association.

FREEDOM OF PEACEFUL ASSEMBLY

The constitution provides for freedom of assembly, but the government limited this right. Security forces provided security at demonstrations granted permits by government or local authorities.

The law requires a 48-hour notification to the governor for any meeting or event hosted by any local or international group. While not required by law, several local and international NGOs reported that hotels, allegedly at the request of security officials, required them to present letters of approval from the governor prior to holding training, private meetings, or public conferences. There were 42 reported cases of governor denials without explanation this year. Without letters of approval from the government, hotels cancelled the events. In some cases, NGOs relocated the events to private offices. In one case the Amman governor’s office informed a human rights organization it would not be allowed to proceed with hosting antitorture training at a hotel. The organization claimed that it was eventually permitted to host the training after threatening legal action against the governor.

Protests regarding economic policies, corruption, and government ineffectiveness occurred across several governorates throughout the spring and summer. A few hundred local tribal activists organized daily sit-ins lasting up to 70 days in the main town squares of Salt and Karak from February to May. Protestors generally spoke favorably about the government response.

In late May, labor unions joined the protest movement, leading to larger demonstrations across the country. According to government officials, protests were generally peaceful with 42 injuries to security personnel and 60 arrests for vandalism or assault. The Justice Center for Legal Aid, a civil society organization, operated a detention hotline during the protests where citizens could report violations of the government’s pledge not to detain protestors for more than six hours. They reported one incident when a governor allegedly detained a group of 10 protestors for a prolonged period.

The government tabled the proposed tax reform law in response to the protests, leading to the resignation of then Prime Minister Hani Al-Mulki and his government. Police subsequently allegedly dispersed peaceful anticorruption protests under the new government headed by Prime Minister Razzaz.

FREEDOM OF ASSOCIATION

The constitution provides for the right of association, but the government limited this freedom. The law authorizes the Ministry of Social Development and Ministry of Trade, Industry, and Supply to approve or reject applications to register organizations and to prohibit organizations from receiving foreign funding for any reason. It prohibits the use of associations for the benefit of any political organization. The law also gives the ministry significant control over the internal management of associations, including the ability to dissolve associations, approve boards of directors, send government representatives to any board meeting, prevent associations from merging their operations, and appoint an auditor to examine an association’s finances for any reason. The law requires associations to inform the Ministry of Social Development of board meetings, submit all board decisions for approval, disclose members’ names, and obtain security clearances for board members from the Interior Ministry. The law includes penalties, including fines up to 10,000 JD ($14,000), for violations of the regulations.

In 2015, the Ministry of Social Development introduced an application form for the approval process for associations that receive foreign funding. Associations criticized the procedure, which incorporated additional ministries into the decision process and removed the deadline for review of funding requests. NGOs stated the registration process and foreign funding procedures were neither clear, transparent, nor consistently applied. Groups attempting to register experienced months of delays, and those for whom authorities denied their applications complained that they received inadequate explanations.

During the year, the Ministry of Social Development introduced an automated system for associations to apply for foreign funding and track their applications. As of August 30, the ministry received 5,735 applications for foreign funding and approved 190 of them. NGO’s reported that unexplained, months-long delays in the decision process continued.

The law authorizes the Ministry of Social Development to intervene in NGO activities. Warned NGOs are given a two-month probationary period to address violations.

In June Amman’s first instance court sentenced the chief executive officer of the Center for Defending Freedom of Journalists (CDFJ) to one year in prison for inaccuracies in the CDFJ’s budget and operating under an incorrect legal status. The court also fined CDFJ 200 JD ($282) for irregularities in its budget and organizational documents. In October, a Court of Appeal acquitted the CDFJ’s chief executive officer of these charges. The Ministry of Industry, Trade, and Supply alleged in 2017 that CDFJ violated foreign funding restrictions and ordered it to halt receipt of any foreign funding.

Citizens widely suspected that the government infiltrated civil society organizations, political parties, and human rights organizations and their internal meetings.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

A number of domestic and international human rights groups operated in the country with some restrictions. The law gives the government the ability to control NGOs’ internal affairs, including acceptance of foreign funding. NGOs generally were able to investigate and report publicly on human rights abuses, although government officials were not always cooperative or responsive. In at least one case, security services subjected a human rights NGO to intimidation. A legal aid organization reported that lawyers were harassed for following up on cases.

Government Human Rights Bodies: The NCHR, a quasi-independent institution established by law, received both government and international funding. The prime minister nominates its board of trustees, and the king ratifies their appointment by royal decree. The government appoints NCHR’s commissioner general. The NCHR compiles an annual report assessing compliance with human rights that sometimes criticizes government practices. The NCHR submits the report to the upper and lower houses of parliament, and to the council of ministers. NCHR recommendations are not legally binding. In June parliament amended the law that established the NCHR to expand its authority to monitor and follow up with victims’ and confirm receipt of promised compensation. Other amendments renewed the mechanism of appointing and terminating service of board of trustees members, increased funding to implement awareness projects, and established branches and networks across the country.

In 2017 the prime minister established a permanent governmental committee headed by the GCHR to review NCHR recommendations and to measure progress towards international human rights standards. In May the GCHR office made public the government submission to the third UN Human Rights Council Universal Periodic Review (UPR) in November. The report detailed the country’s efforts to implement UPR recommendations and declared a national commitment to enhance human rights. Ministries’ working groups continued to meet and implement their responsibilities under the national human rights action plan, a 10-year comprehensive program launched in 2016, designed to reform laws in accordance with international standards and best practices, including integrating accessibility for persons with disabilities. Developments were regularly published on their websites. Ministries stated commitment to the plan, but expressed frustration with the limited resources available to implement it.

To implement the action plan, the GCHR maintained a team of liaison officers from government, NGOs, security agencies, and other formal institutions to improve collaboration and communication. The GCHR published an official statement inviting civil society to take part in the drafting of the government’s report to the UPR as a commitment to the government’s partnership with civil society.

The GCHR office convened 28 activities during the year in relation to the national human rights plan. Subjects included trafficking in persons, UN resolution 2250, recommendations for the Antinarcotics Department, legislative priorities ahead of the UPR, youth and technology, and workshops on modern slavery. In February the GCHR was appointed as the deputy president of the Higher Council for the Rights of Persons with Disabilities (HCD) Board of Trustees. In October the GCHR was elevated to cabinet level reiterating government commitment to improving the status of human rights in Jordan.

Kazakhstan

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

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were reports the government or its agents committed arbitrary or unlawful killings or beatings that led to deaths.

On April 30, the body of a 38-year-old resident of Karaganda who was allegedly shot and killed by Temirtau police officer Nurseit Kaldybayev was found in the city outskirts. Investigators proved that Kaldybayev had seized the victim’s car and intended to sell it to make money for his upcoming wedding party. On May 3, Kaldybayev was arrested and charged with premeditated murder. In August the Karaganda specialized criminal court found him guilty of murder and sentenced him to 19 years in jail.

On August 2, the Shakhtinsk Court convicted local prison director Baurbek Shotayev, prison officer Vitaly Zaretsky, and six prisoners–so-called voluntary assistants who receive special privileges in exchange for carrying out orders of prison staff–in the fatal torture of prisoner Valery Chupin. According to investigators, Chupin insulted a teacher at the prison school, and the prison director ordered that the voluntary assistants should discipline him. After brutal beatings and other abuse, Chupin was taken to a local hospital for emergency surgery, but he died. The judge sentenced Shotayev and Zaretsky to seven years of imprisonment each. The six prisoners convicted of carrying out the abuse received extended prison terms ranging from 10 to 17 years.

There were no official reports of military hazing resulting in death; however, there were instances of several deaths that the official investigations subsequently presented as suicides. Family members stated that the soldiers died because of hazing.

On July 15, 21-year-old conscript Bakytbek Myrzambekov died at the Ustyurt frontier station on the Kazakhstani-Turkmen border. According to the official report, on July 9, the soldier complained of food poisoning, was placed in the health unit two days later and died soon after of coronary artery disease. Family members did not believe the official explanation, denied he had heart problems, and asserted that he had died as a result of hazing, citing multiple bruises, including in the pelvic area.

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

The law prohibits torture; nevertheless, police and prison officials allegedly tortured and abused detainees. Human rights activists asserted the domestic legal definition of torture was noncompliant with the definition of torture in the UN Convention against Torture.

The National Preventive Mechanism (NPM) against Torture came into force in 2014 when the prime minister signed rules permitting the monitoring of institutions. The NPM is part of the Office of the Human Rights Ombudsman and thus is not independent of the government. The Human Rights Ombudsman reported receiving 135 complaints alleging torture, violence, and other cruel and degrading treatment and punishment in 2017. In its April report covering activities in 2017, the NPM reported that despite some progress, problems with human rights abuses in prisons and temporary detention centers remained serious. Concerns included poor health and sanitary conditions; high risk of torture during search, investigation, and transit to other facilities; lack of feedback from prosecutors on investigation of torture complaints; lack of communication with families; discrimination against prisoners in vulnerable groups, including prisoners with disabilities, lesbian, gay, bisexual, transgender, and intersex (LGBTI) prisoners, prisoners with HIV/AIDS, and other persons from vulnerable groups; and a lack of secure channels for submission of complaints. The report disclosed the problem of so-called voluntary assistants who are used to control other prisoners. Some observers commented that NPM staff lacked sufficient knowledge and training to recognize instances of torture.

In its official report, the prosecutor general indicated 103 cases of torture in the first seven months of the year, of which 16 cases were investigated and forwarded to courts.

Prison and Detention Center Conditions

Prison conditions were generally harsh and sometimes life-threatening, and facilities did not meet international health standards. Health problems among prisoners went untreated in many cases, or prison conditions exacerbated them. Prisons faced serious shortage of medical staff.

Physical Conditions: According to Prison Reform International (PRI), although men and women were held separately and pretrial detainees were held separately from convicted prisoners, during transitions from temporary detention centers, pretrial detention, and prisons, youth often were held with adults.

Abuse occurred in police cells, pretrial detention facilities, and prisons. Observers cited the lack of professional training programs for administrators as the primary cause of mistreatment.

To address infrastructural problems in prisons, authorities closed the eight prisons with the worst conditions. The NPM reported continuing infrastructure problems in prisons, such as unsatisfactory sanitary and hygiene conditions, including poor plumbing and sewerage systems and unsanitary bedding. It also reported shortages of medical staff and insufficient medicine, as well as problems of mobility for prisoners with disabilities. In many places the NPM noted restricted connectivity with the outside world and limited access to information regarding prisoners’ rights. PRI reported that there is widespread concern concerning food and nutrition quality in prisons. Prisoners and former prisoners have complained about their provisions and reported that they were served food past its shelf life.

The government did not publish statistics on the number of deaths, suicides, or attempted suicides in pretrial detention centers or prisons during the year.

Administration: Authorities typically did not conduct proper investigations into allegations of mistreatment. Human rights observers noted that in many cases authorities did not investigate prisoners’ allegations of torture or did not hold prison administrators or staff accountable. The law does not allow unapproved religious services, rites, ceremonies, meetings, or missionary activity in prisons. By law a prisoner in need of “religious rituals” or his relatives may ask to invite a representative of a registered religious organization to carry out religious rites, ceremonies, or meetings, provided they do not obstruct prison activity or violate the rights and legal interests of other individuals. PRI reported that some prisons prohibited Muslim prisoners from fasting during Ramadan.

Independent Monitoring: There were no independent international monitors of prisons. Public Monitoring Commissions (PMCs), quasi-independent bodies that respond to allegations of and attempt to deter torture and mistreatment in prisons, carry out monitoring. In the first 10 months of the year, the PMCs conducted 340 monitoring visits to prisons facilities. Human rights advocates noted that some prisons created administrative barriers to prevent the PMCs from successfully carrying out their mandate, including creating bureaucratic delays, forcing the PMCs to wait for hours to gain access to the facilities, or allowing the PMCs to visit for only a short time.

Authorities began investigating the chair of the Public Monitoring Commission in Pavlodar, Elena Semyonova, on charges of dissemination of false information after she raised the issue of the torture and mistreatment of prisoners to EU parliamentarians in early July. The investigation was ongoing.

According to media reports, Aron Atabek, a poet who has been in prison for 12 years, complained to Semyonova regarding the conditions in his prison. He mentioned his cold, damp cell, his worn clothes, and the information vacuum he was held in without access to letters or television.

Improvements: The 2015 criminal code introduced alternative sentences, including fines and public service, but human rights activists noted they were not implemented effectively.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention, but the practice occurred. The government did not provide statistics on the number of individuals unlawfully detained during the year. The prosecutor general reported that during the first six months of the year prosecutors released 423 individuals who were unlawfully held in police cells and offices.

ROLE OF THE POLICE AND SECURITY APPARATUS

The Ministry of Internal Affairs supervises the national police force, which has primary responsibility for internal security, including investigation and prevention of crimes and administrative offenses, and maintenance of public order and security. The Agency of Civil Service Affairs and Anticorruption has administrative and criminal investigative powers. The Committee for National Security (KNB) plays a role in border security, internal and national security, antiterrorism efforts, and the investigation and interdiction of illegal or unregistered groups, such as extremist groups, military groups, political parties, religious groups, and trade unions. In July 2017 the president signed legislative amendments on a reform of the law enforcement agencies, including one giving power to the KNB to investigate corruption by officers of the secret services, anticorruption bureau, and military. The KNB, Syrbar (the foreign intelligence service), and the Agency of Civil Service Affairs and Anticorruption all report directly to the president. Many government ministries maintained blogs where citizens could register complaints.

Although the government took some steps to prosecute officials who committed abuses, impunity existed, especially where corruption was involved or personal relationships with government officials were established.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

A person apprehended as a suspect in a crime is taken to a police office for interrogation. Prior to interrogation, the accused should have the opportunity to meet with an attorney. Upon arrest the investigator may do an immediate body search if there is a reason to believe the detainee has a gun or may try to discard or destroy evidence. Within three hours of arrest, the investigator is required to write a statement declaring the reason for the arrest, the place and time of the arrest, the results of the body search, and the time of writing the statement, which is then signed by the investigator and the detained suspect. The investigator should also submit a written report to the prosecutor’s office within 12 hours of the signature of the statement.

The arrest must be approved by the court. It is a three-step procedure: (1) the investigator collects all evidence to justify the arrest and takes all materials of the case to the prosecutor; (2) the prosecutor studies the evidence and takes it to court within 12 hours; and (3) the court proceeding is held with the participation of the criminal suspect, the suspect’s lawyer, and the prosecutor. If within 48 hours of the arrest the administration of the detention facility has not received a court decision approving the arrest, the administration should immediately release him/her and notify the officer who handles the case and the prosecutor. The duration of preliminary detention may be extended to 72 hours in a variety of cases, including grave or terrorist crimes, crimes committed by criminal groups, drug trafficking, sexual crimes against a minor, and others. The court may choose other forms of restraint: house arrest, restriction of movement, or a written requirement not to leave the city and place of residence. According to human rights activists, these procedures were frequently ignored.

The Prosecutor General reported that the December 2017 amendments to the criminal procedure code reduced the number of causes for arrest and the length of time for preliminary detention from 72 to 48 hours, and cut the number of arrested suspects by 1,500. Authorities held in custody 83 percent of detained individuals for not more than 48 hours.

Although the judiciary has the authority to deny or grant arrest warrants, judges authorized prosecutor warrant requests in the vast majority of cases.

Persons detained, arrested, or accused of committing a crime have the right to the assistance of a defense lawyer from the moment of detention, arrest, or accusation. The 2015 criminal procedure code obliges police to inform detainees concerning their rights, including the right to an attorney. Human rights observers stated that prisoners were constrained in their ability to communicate with their attorneys, that penitentiary staff secretly recorded conversations, and that staff often remained present during the meetings between defendants and attorneys.

Human rights defenders reported that authorities dissuaded detainees from seeing an attorney, gathered evidence through preliminary questioning before a detainee’s attorney arrived, and in some cases used defense attorneys to gather evidence. The law states that the government must provide an attorney for an indigent suspect or defendant when the suspect is a minor, has physical or mental disabilities, or faces serious criminal charges, but public defenders often lacked the necessary experience and training to assist defendants. Defendants are barred from freely choosing their defense counsel if the cases against them involve state secrets. The law allows only lawyers who have special clearance to work on such cases.

Arbitrary Arrest: Prosecutors reported six incidents of arbitrary arrest and detention in the first six months of the year.

The government frequently arrested and detained political opponents and critics, sometimes for minor infractions, such as unsanctioned assembly, that led to fines or up to 10 days’ administrative arrest.

Pretrial Detention: The law allows police to hold a detainee for 48 hours before bringing charges. Human rights observers stated that authorities often used this phase of detention to torture, beat, and abuse inmates to extract confessions.

Once charged, detainees may be held in pretrial detention for up to two months. Depending on the complexity and severity of the alleged offense, authorities may extend the term for up to 18 months while the investigation takes place. The pretrial detention term may not be longer than the potential sentence for the offense. Upon the completion of the investigation, the investigator puts together an official indictment. The materials of the case are shared with the defendant and then sent to the prosecutor, who has five days to check the materials and forward them to the court.

The 2015 criminal code introduced the concept of conditional release on bail, although use of bail procedures is limited. Prolonged pretrial detentions remain commonplace. The bail system is designed for persons who commit a criminal offense for the first time or for a crime of minor or moderate severity not associated with causing death or grievous bodily harm to the victim, provided that the penalties for conviction of committing such a crime contain a fine as an alternative penalty. Bail is not available to suspects of grave crimes, crimes that led to death or were committed by a criminal group, terrorist or extremist crimes, or if there is a justified reason to believe that the suspect would hinder investigation of the case or would escape, or if the suspect violated the terms of bail in the past.

The law grants prisoners prompt access to family members, although authorities occasionally sent prisoners to facilities located far from their homes and relatives, thus preventing access for those unable to travel.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: The code of criminal procedure spells out a detainee’s right to submit a complaint, challenge the justification for detention, or to seek a pretrial probation as an alternative to arrest. Detainees have 15 days to submit complaints to the administration of the pretrial detention facility or to local court. An investigative judge has three to 10 days to overturn or uphold the challenged decision.

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The law provides for limited freedom of assembly, but there were significant restrictions on this right. The law defines unsanctioned gatherings, public meetings, demonstrations, marches, picketing, and strikes that upset social and political stability as national security threats.

The law includes penalties for organizing or participating in illegal gatherings and for providing organizational support in the form of property, means of communication, equipment, and transportation, if the enumerated actions cause significant damage to the rights and legal interests of citizens, entities, or legally protected interests of the society or the government.

By law organizations must apply to local authorities at least 10 days in advance for a permit to hold a demonstration or public meeting. Opposition figures and human rights monitors complained that complicated and vague procedures and the 10-day notification period made it difficult for groups to organize public meetings and demonstrations and noted local authorities turned down many applications for demonstrations or only allowed them to take place outside the city center.

Activists in Almaty applied to hold a public gathering on August 4 to demand police reform following the death of Olympic medalist Denis Ten. The mayor’s office refused the request, stating that the only place designated for public events in Almaty had already been reserved for another event. The Astana mayor’s office similarly declined a demonstration request. The Almaty activists subsequently submitted 31 petitions requesting a gathering to be held any day in the next month; the mayor’s office denied them all.

On May 10, several dozen individuals staged a protest initiated by fugitive banker and leader of the banned opposition group Democratic Choice of Kazakhstan (DCK) Mukhtar Ablyazov to demand the release of political prisoners and an end to torture. The protest had not received government approval. Police dispersed the protestors and detained several, among them random passers-by and minors, according to activists. Some of those detained were punished by court fines or short administrative detentions. The government did not release any official data on the number of detained or punished protestors.

On June 23, the DCK called another unapproved rally. Police preemptively arrested a number of individuals thought to be involved in the protests. Human rights advocacy organizations reported that those detained included passersby, senior citizens, pregnant women, and children. In several cities reporters who came to cover the event were briefly detained. All detainees were taken to police stations and held there for several hours without food or water. Human rights observers criticized police for unjustified detention and numerous procedural violations in holding the detainees in custody. There were no official reports on the number of those detained. Human rights advocates stated that more than a hundred individuals were detained in Almaty, 30 in Astana, and at least a dozen in Shymkent. In some cities protestors dispersed without police involvement.

FREEDOM OF ASSOCIATION

The law provides for limited freedom of association, but there were significant restrictions on this right. Any public organization set up by citizens, including religious groups, must be registered with the Ministry of Justice, as well as with the local departments of justice in every region in which the organization conducts activities. The law requires public or religious associations to define their specific activities, and any association that acts outside the scope of its charter may be warned, fined, suspended, or ultimately banned. Participation in unregistered public organizations may result in administrative or criminal penalties, such as fines, imprisonment, the closure of an organization, or suspension of its activities.

NGOs reported some difficulty in registering public associations. According to government information, these difficulties were due to discrepancies in the submitted documents.

Membership organizations other than religious groups, which are covered under separate legislation, must have at least 10 members to register at the local level and must have branches in more than one-half the country’s regions for national registration. The government considered political parties and labor unions to be membership organizations but required political parties to have 40,000 signatures for registration. If authorities challenge the application by alleging irregular signatures, the registration process may continue only if the total number of eligible signatures exceeds the minimum number required. The law prohibits parties established on an ethnic, gender, or religious basis. The law also prohibits members of the armed forces, employees of law enforcement and other national security organizations, and judges from participating in trade unions or political parties.

According to Maina Kiai, the UN special rapporteur who visited Kazakhstan in 2015, the law regulating the establishment of political parties is problematic as it imposes onerous obligations prior to registration, including high initial membership requirements that prevent small parties from forming and extensive documentation that requires time and significant expense to collect. He also expressed concern regarding the broad discretion granted to officials in charge of registering proposed parties, noting that the process lacked transparency and the law allows for perpetual extensions of time for the government to review a party’s application.

Under the 2015 NGO financing law, all “nongovernment organizations, subsidiaries, and representative offices of foreign and international noncommercial organizations” are required to provide information on “their activities, including information regarding the founders, assets, sources of their funds and what they are spent on….” An “authorized body” may initiate a “verification” of the information submitted based on information received in mass media reports, complaints from individuals and entities, or other subjective sources. Untimely or inaccurate information contained in the report, discovered during verification, is an administrative offense and may carry fines up to 53,025 tenge ($159) or suspension for three months if the violation is not rectified or is repeated within one year. In extreme cases criminal penalties are possible, which may lead to a large fine, suspension, or closure of the organization.

The law prohibits illegal interference by members of public associations in the activities of the government, with a fine of up to 636,300 tenge ($1,910) or imprisonment for up to 75 days. If committed by the leader of the organization, the fine may be up to 1.06 million tenge ($3,180) or imprisonment for no more than 90 days. The law does not clearly define “illegal interference.”

By law a public association, along with its leaders and members, may face fines for performing activities outside its charter. The law is not clear regarding the delineation between actions an NGO member may take in his or her private capacity versus as part of an organization.

The law establishes broad reporting requirements concerning the receipt and expenditure of foreign funds or assets; it also requires labeling all publications produced with support from foreign funds. The law also sets out administrative and criminal penalties for noncompliance with these requirements and potential restrictions on the conduct of meetings, protests, and similar activities organized with foreign funds.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

A number of domestic and international human rights groups operated with some freedom to investigate and publish their findings on human rights cases, although some restrictions on human rights NGO activities remained. International and local human rights groups reported the government monitored NGO activities on sensitive issues and practiced harassment, including police visits to and surveillance of NGO offices, personnel, and family members. Government officials often were uncooperative or nonresponsive to their views.

The Ministry of Foreign Affairs-led Consultative Advisory Body (CAB) for dialogue on democracy, human rights, rule of law, and legislative work continued to operate during the year. The CAB includes government ministries and prominent international and domestic NGOs, as well as international organization observers. The NGO community generally was positive regarding the work of the CAB, saying the platform enabled greater communication with the government regarding issues of concern. The government and NGOs, however, did not agree on recommendations on issues the government considered sensitive, and some human rights concerns were barred from discussion. NGOs reported that government bodies accepted some recommendations, although, according to the NGOs, the accepted recommendations were technical rather than substantive.

The Kazakhstan International Bureau for Human Rights and Rule of Law, Kadyr Kassiyet, the Legal Media Center, and PRI were among the most visibly active human rights NGOs. Some NGOs faced occasional difficulties in acquiring office space and technical facilities. Government leaders participated–and regularly included NGOs–in roundtables and other public events on democracy and human rights.

The United Nations or Other International Bodies: The government invited UN special rapporteurs to visit the country and meet with NGOs dealing with human rights. The government generally did not prevent other international NGOs and multilateral institutions dealing with human rights from visiting the country and meeting with local human rights groups and government officials. National security laws prohibit foreigners, international organizations, NGOs, and other nonprofit organizations from engaging in political activities. The government prohibited international organizations from funding unregistered entities.

Government Human Rights Bodies: The Presidential Commission on Human Rights is a consultative and advisory body that includes top officials and members of the public appointed by the president. The commission reviews and investigates complaints, issues recommendations, monitors fulfillment of international human rights conventions, and publishes reports on some human rights issues in close cooperation with several international organizations, such as UNHCR, the OSCE, the IOM, and UNICEF. The commission does not have legal authority to remedy human rights violations or implement its recommendations in the reports.

A recent constitutional change stipulated that the Human Rights Ombudsman be selected by the Senate; however, the existing ombudsman was appointed by the president. He also serves as the chair of the Coordinating Council of the National Preventive Mechanism against Torture.

The ombudsman did not have the authority to investigate complaints concerning decisions of the president, heads of government agencies, parliament, cabinet, Constitutional Council, Prosecutor General’s Office, CEC, or courts, although he may investigate complaints against individuals. The ombudsman’s office has the authority to appeal to the president, cabinet, or parliament to resolve citizens’ complaints; cooperate with international human rights organizations and NGOs; meet with government officials concerning human rights abuses; visit certain facilities, such as military units and prisons; and publicize in media the results of investigations. The ombudsman’s office also published an annual human rights report. During the year the ombudsman’s office occasionally briefed media and issued reports on complaints it had investigated.

Domestic human rights observers indicated that the ombudsman’s office and the Human Rights Commission were unable to stop human rights abuses or punish perpetrators. The commission and ombudsman avoided addressing underlying structural problems that led to human rights abuses, although they advanced human rights by publicizing statistics and individual cases and aided citizens with less controversial social problems and issues involving lower-level elements of the bureaucracy.

Kenya

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

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were numerous reports the government or its agents committed arbitrary and unlawful killings, particularly of known or suspected criminals, including terrorists. In September eight nongovernmental organizations (NGO) based in the northern region jointly issued a statement listing extrajudicial killings and enforced disappearances at top of their list of human rights concerns. In September the NGO HAKI Africa provided the ODPP a list of 34 youth whom police allegedly executed over nine months since the beginning of the year. The ODPP committed to pursue investigations and requested additional evidence and assistance from HAKI. The NGO Independent Medico Legal Unit alleged that police in Nairobi summarily executed 58 individuals, mostly in informal settlements, between January to June. In March 2017 video footage surfaced on the internet of an alleged plainclothes police officer shooting two subdued suspects in the Nairobi neighborhood of Eastleigh. According to the newspaper Daily Nation, the Nairobi police commander defended the shooting, calling the victims “gangsters.” The Inspector General’s investigation continued as of year’s end.

In August IPOA reported a summary execution of a suspected carjacker. The police, who had allegedly shot the victim twice, hauled him from a church where he had sought refuge. IPOA’s investigation continued as of the year’s end.

Some groups alleged authorities significantly underestimated the number of extrajudicial killings by security forces due to underreporting of such killings in informal settlements, including those in dense urban areas. The NGO Mathare Social Justice Center estimated police killed at least one young male every week in the Mathare neighborhood of Nairobi. During the year IPOA received 461 complaints regarding deaths resulting from police actions, including 15 fatal shootings involving police and 446 deaths due to other actions by police.

NGOs and the autonomous governmental entity Kenyan National Commission on Human Rights (KNCHR) reported in 2017 that authorities killed between 35 and 100 persons and injured many others in opposition strongholds following the August 2017 elections. A KNCHR report released in November documented 201 cases of sexual assault in nine counties emanating from the post-election violence, primarily during periods of increased civil unrest. The study found that police and other security officers committed 55 percent of the documented sexual assaults (see section 6). The report indicated that KNCHR turned over its findings to IPOA for official inquiry. IPOA’s investigations stemming from election violence continued as of the year’s end.

Media reports and NGOs attributed many of the human rights abuses not related to elections to Kenya Defense Forces counterterrorism operations in the northeast counties of Mandera, Garissa, and Wajir bordering Somalia. In September rights groups including Muslims for Human Rights led protests in Mombasa against extrajudicial killings and abductions by security forces. The groups alleged that on September 6, authorities gunned down three youths, ages 17, 17, and 19, absent proof of guilt. Police responded that the three had been caught preparing to commit a crime.

Impunity remained a serious problem (see section 1.d.).

Al-Shabaab terrorists conducted deadly attacks and guerilla-style raids on isolated communities along the border with Somalia. For example, in September al-Shabaab fighters reportedly stopped a bus in Lamu County, separated the passengers by religion, and then executed two Christian passengers before setting free the other passengers.

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

In 2017 President Kenyatta approved the Prevention of Torture Act, which provides a basis to prosecute torture. The law provides a platform to apply articles of the 2010 constitution, including: Article 25 on freedom from torture and cruel, inhuman, or degrading treatment or punishment; Article 28 on respect and protection of human dignity; and Article 29 on freedom and security of the person. The law brings all state agencies and officials under one, rather than multiple pieces of legislation. Additionally, the law provides protections to vulnerable witnesses and law enforcement officials who refuse to obey illegal orders that would lead to torture. The government, however, had not implemented the guidelines required to operationalize the Prevention of Torture Act.

Pretrial detainees accused police of use of torture. In September a shooting suspect filed a formal complaint with IPOA alleging torture by police and continued detention beyond the maximum legal duration. That investigation continued as of year’s end.

Police reportedly used torture and violence during interrogations as well as to punish both pretrial detainees and convicted prisoners. According to human rights NGOs, physical battery, bondage in painful positions, and electric shock were the most common methods of torture used by police. A range of human rights organizations and media reported police committed torture and indiscriminate violence with impunity. For example, there were numerous press and NGO reports of police brutality against protestors and unarmed citizens, including in house-to-house operations in the days following the August 2017 elections (see section 3).

Prison and Detention Center Conditions

Human rights organizations reported that prison, detention center, and police station conditions were harsh due to overcrowding, food and water shortages, and inadequate sanitary conditions and medical care. A Directorate of Health Services in the Prisons Department oversees health and hygiene issues.

Physical Conditions: According to the Kenya Prisons Service (PS), the prison population as of September was 51,130, held in prisons with a designated capacity of 26,837. More than 90 percent of prisoners were men. According to the National Council on the Administration of Justice’s (NCAJ) January report, the country has 105 prisons–87 for men and 18 for women. While the PS noted that seven prisons have been constructed since 2012, serious overcrowding was the norm, with an average prisoner population of nearly 200 percent capacity and some prisons housing up to 400 percent of capacity. Authorities continued a “decongestion” program that entailed releasing petty offenders and encouraging the judiciary to increase use of the Community Service Orders program in its sentencing.

The PS reported 131 deaths as of September, many attributable to sicknesses caused or exacerbated by overcrowding, lack of access to clean water, poor hygiene, and inadequate medical care. According to a study by the NCAJ released in 2017, sanitary facilities were inadequate, and tuberculosis remained a serious problem at eight prisons.

In January 2017 the NCAJ reported that despite the legal requirement to separate male prisoners from women and children, the mixing of genders and ages remained a problem in some prisons. Between January and June 2017, IPOA observed that authorities separated women from men in detention facilities on average 89 percent of the time in the 29 detention facilities its representatives visited. In smaller jails, female prisoners were not always separated from men. There were no separate facilities during pretrial detention, and sexual abuse of female prisoners was a problem. Human rights groups reported that police routinely engaged in non-consensual sex with female prisoners and that many female inmates resorted to prostitution to obtain necessities, such as sanitary items and underwear, which the Prisons Service did not provide.

Authorities generally separated minors from adults except during the initial detention period at police stations, when authorities often held adults and minors of both sexes in a single cell. Minors often mixed with the general prison population during lunch and exercise periods, according to the Coalition for Constitutional Interpretation, a domestic NGO. Prison officials reported that because there were few detention facilities for minors, authorities often had to transport them long distances to serve their sentences, spending nights at police stations under varying conditions along the way. In October 2017 the Daily Nation newspaper reported a witness had accused a police officer of raping a 13-year-old victim while she was held overnight at a police station for alleged theft. IPOA investigated the incident. A criminal prosecution was proceeding in the courts.

The law allows children to stay with their inmate mothers in certain circumstances until age four or until arrangements for their care outside the facilities are concluded, whichever is earlier.

Prisoners generally received three meals a day, but portions were inadequate. The PS stated in August that it no longer served a penal diet for punishment. Water shortages, a problem both inside and outside of prison, continued. Prisoners generally spent most of their time indoors in inadequately lit and poorly ventilated cellblocks. This was especially true for the more than one-third of inmates awaiting trial, as they were not engaged in any work programs that would allow them to leave their cells regularly.

Administration: Mechanisms for prisoners to report abuse and other concerns improved due to collaboration between the PS and the KNCHR to monitor human rights standards in prison and detention facilities. By law, the Commission on the Administration of Justice serves as ombudsman on government administration of prisons. It is to receive and treat as confidential correspondence from inmates and recommend remedies to address their concerns, including those pertaining to prison living conditions and administration. Government-established special committees, which included paralegals and prison officials, also served to increase prisoners’ access to the judicial system. The Legal Aid Center of Eldoret noted there was no single system providing “primary justice” to prisoners and detainees, who instead relied on a patchwork of services largely provided by NGOs. Many government-designated human rights officers lacked necessary training, and some prisons did not have a human rights officer.

Noncustodial community service programs and the release of some petty offenders alleviated somewhat prison overcrowding. The total prison population did not decrease substantially, however, because of unaffordable bail and bond terms for pretrial detainees, high national crime rates, overuse of custodial sentencing, and a high number of death row and life-imprisoned inmates. Legal rights NGOs and prison officials reported overuse of the charge of “robbery with violence,” which may carry a life sentence, without sufficient evidence to support it. Some petty offenders consequently received disproportionately heavy sentences.

Prison officials sometimes denied prisoners and detainees the right to contact relatives or lawyers. Family members who wanted to visit prisoners commonly reported bureaucratic obstacles that generally required a bribe to resolve. According to the Legal Resources Foundation, prisoners had reasonable access to legal counsel and other official visitors, although there was insufficient space in many prisons and jails to meet with visitors in private and conduct confidential conversations.

Independent Monitoring: The government permitted prison visits by independent nongovernmental observers.

d. Arbitrary Arrest or Detention

The law prohibits arrest or detention without a court order unless there are reasonable grounds for believing a suspect has committed or is about to commit a criminal offense. Police, however, arrested and detained citizens arbitrarily, accused them of more severe crimes than they had committed, or accused them of a crime to mask underlying police abuses.

ROLE OF THE POLICE AND SECURITY APPARATUS

The National Police Service (NPS) maintains internal security and is subordinate to the Ministry of Interior and Coordination of National Government (Interior).

In September President Kenyatta announced the reorganization of the NPS, which includes the Kenya Police Service (KPS), the Administration Police Service, and the Directorate of Criminal Investigations (DCI). The KPS remains responsible for general policing and contains specialized subunits, such as the paramilitary General Services Unit, which responds to large-scale incidents of insecurity. The Administration Police Service is now comprised of units dedicated to border security, protection of critical infrastructure, and prevention of livestock theft. The DCI is responsible for all criminal investigations and includes specialized investigative units, such as the Antinarcotics Unit, the Antiterrorism Police Unit, and the Forensics Unit.

The National Intelligence Service collects intelligence internally as well as externally and is under the direct authority of the president.

The Kenya Defense Forces are responsible for external security but have some domestic security responsibilities, including border security and supporting civilian organizations in the maintenance of order, including post-disaster response, as allowed by the constitution. The defense forces are subordinate to the Ministry of Defense. In 2015 the defense forces and police launched a coordinated operation to drive al-Shabaab terrorists out of the Boni Forest in northern Lamu and southern Garissa counties; the operation continued throughout the year.

The National Police Service Commission (NPSC) and IPOA, both government bodies, report to the National Assembly. The NPSC consists of six civilian commissioners, including two retired police officers, as well as the NPS inspector general and two deputies. The commission’s tenure ended in September; the NPSC chief operating officer was managing the NPSC until a new commission is installed. The NPSC is responsible for recruiting, transferring, vetting, promoting, and disciplining NPS. IPOA investigates serious police misconduct, especially cases of death and grave injury at the hands of police officers.

The ODPP is empowered to direct the NPS inspector general to investigate any information or allegation of criminal conduct and to institute criminal proceedings in police abuse or corruption cases.

Impunity was a major problem. Authorities sometimes attributed the failure to investigate a case of police corruption or unlawful killing to the failure of victims to file official complaints. Victims can file complaints at regional police stations, police headquarters through the Internal Affairs Unit (IAU), and through the IPOA website and hotline. More than half of all allegations of death or bodily harm by the NPS were filed at IPOA in person. Sometimes police turned away victims who sought to file complaints at police stations where alleged police misconduct originated, and instead directed them to other area stations. This created a deterrent effect on reporting complaints against police. NGOs documented threats against police officers who attempted to investigate criminal allegations against other police officers. The National Coroners Service Act, adopted in 2017, lacked enforcement regulations and funding.

Police failed to prevent vigilante violence in numerous instances but in other cases played a protective role (see section 6).

Poor casework, incompetence, and corruption undermined successful prosecutions; the overall conviction rate for criminal prosecutions was between 13 and 16 percent. Police also frequently failed to enter detainees into custody records, making it difficult to locate them. Dispute resolution at police stations resolved a significant number of crimes, but authorities did not report or record them, according to human rights organizations.

Witness harassment and fear of retaliation severely inhibited the investigation and prosecution of major crimes. The Witness Protection Agency was underfunded, doubts about its independence were widespread, and the Supreme Court cited its weaknesses as a serious judicial shortcoming. It cooperated closely with IPOA and other investigative bodies.

Human rights activists reported that at times police officers in charge of taking complaints at the local level were the same ones who committed abuses. Police officials resisted investigations and jailed some human rights activists for publicly registering complaints against government abuses.

Research by a leading legal advocacy and human rights NGO found police used disciplinary transfers of officers to hide their identities and frustrate investigations into their alleged crimes. Many media and civil society investigations into police abuse ended after authorities transferred officers, and police failed to provide any information about their identities or whereabouts.

Police accountability mechanisms, including those of IAU and IPOA, increased their capacity to investigate cases of police abuse. The IAU director reports directly to the NPS Inspector General. Fifty-eight officers served in the IAU, mostly investigators with a background in the Kenya Police Service and the Administration Police Service. The IAU conducts investigations into police misconduct, including criminal offenses not covered by IPOA. Between January and September, the IAU received approximately 900 complaints, the number of which had increased year-to-year as police and the public became more familiar with the IAU. The Ethics and Anticorruption Commission (EACC), an independent agency, investigates cases involving police corruption.

In addition to regional offices in Mombasa, Kisumu, and Garissa, during the year IPOA opened six more offices in Nakuru, Eldoret, Kakamega, Nyeri, Meru, and Lodwar and increased its staff by 100 to 212. Through the end of September, IPOA received 1,853 complaints, bringing the total since its inception in 2012 to 10,966. IPOA defines five categories of complaints. Category One complaints comprise the most serious crimes–such as murders, torture, rape, and serious injury–and result in an automatic investigation. Category Two, serious crimes such as assault without serious injury, are investigated on a case-by-case basis. Categories Three to Five, less serious crimes, are generally not investigated. Approximately one-third of IPOA complaints fall under Categories One and Two. If, after investigation, IPOA determines there is criminal liability in a case, it forwards the case to the ODPP. Through the end of September, IPOA launched 717 investigations, of which five were forwarded to the ODPP. As of October IPOA and ODPP had two cases pending in courts. On January 7, IPOA secured the conviction of police officer Titus Musila for killing Kenneth Kimani Mwangi in 2013. The court sentenced Musila to 15 years in prison. On November 14, a court sentenced two police officers to death for killing their colleague, Joseph Obongo, and two of his relatives in 2014.

The law requires that the NPSC eventually vet all serving police officers. Vetting required an assessment of each officer’s fitness to serve based on a review of documentation, including financial records, certificates of good conduct, and a questionnaire, as well public input alleging abuse or misconduct. The NPSC reported it had vetted more than more than 15,000 officers since 2012. A significant portion of the officers vetted during the year were from the traffic department. The NPSC also vetted a higher number of chief inspectors than in the past, of which the NPSC removed 50 for corruption, human rights abuses, and other reasons. Some legal challenges brought by officers vetted out of the service continued in court.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law provides police with broad powers of arrest. Police officers may make arrests without a warrant if they suspect a crime occurred, is happening, or is imminent. Victims’ rights NGOs reported that in some cases authorities required victims to pay bribes and to provide transportation for police to a suspect’s location to execute a legal arrest warrant.

The constitution’s bill of rights provides significant ‎legal protections, including provisions requiring persons to be charged, tried, or released within a certain time and provisions requiring the issuance of a writ of habeas corpus to allow a court to determine the lawfulness of detention. In many cases, however, authorities did not follow the prescribed time limits. According to the attorney general in a response to a questionnaire from the Office of the UN High Commissioner for Human Rights in 2013, “an unexplained violation of a constitutional right will normally result in an acquittal.” While authorities in many cases released the accused if held longer than the prescribed period, some cases did not result in an acquittal, and authorities provided no compensation.

Police used excessive force in some cases when making arrests. IPOA investigated allegations of excessive force that led to serious injury.

The constitution establishes the right of suspects to bail unless there are compelling reasons against release. There is a functioning bail system, and all suspects, including those accused of capital offenses, are eligible for bail. Many suspects remained in jail for months pending trial because of their inability to post bail. Due to overcrowding in prisons, courts rarely denied bail to individuals who could pay it, even when the circumstances warranted denial. For example, NGOs that worked with victims of sexual assault complained that authorities granted bail to suspects even in cases in which there was evidence that they posed a continuing threat to victims.

Although the law provides pretrial detainees with the right to access family members and attorneys, family members of detainees frequently complained that authorities permitted access only upon payment of bribes. When detainees could afford counsel, police generally permitted access to attorneys.

Arbitrary Arrest: Police arbitrarily arrested and detained persons. Victims of arbitrary arrest were generally poor young men. Human rights organizations complained that security forces made widespread arbitrary arrests and detentions during counterterrorism operations and targeted ethnic Somalis and Kenyan Muslims. In March 2017 AP officers allegedly arrested and assaulted Standard newspaper journalist Isaiah Gwengi over his stories on police brutality. The IPOA investigation continued at year’s end.

Pretrial Detention: Lengthy pretrial detention was a serious problem and contributed to prison overcrowding. Some defendants were held in pretrial detention longer than the statutory maximum term of imprisonment for the crime with which they were charged. The government claimed the average time spent in pretrial detention was 14 days, but there were reports many detainees spent two to three years in prison before their trials were completed. Police from the arresting locale are responsible for bringing detainees from prison to court when hearings are scheduled but often failed to do so, forcing detainees to wait for the next hearing of their cases (see section 1.e.).

Detainee’s Ability to Challenge Lawfulness of Detention Before a Court: The law entitles persons arrested or detained to challenge in court the legal basis or arbitrary nature of their detention, but that right was not always protected in practice. In February authorities failed to comply with a court order to produce opposition lawyer Miguna Miguna in court. Authorities instead deported Miguna on February 6, claiming that he had given up his Kenyan citizenship upon obtaining Canadian citizenship. Miguna attempted to re-enter Kenya in March, but was detained at the airport. Authorities ignored two court orders to produce or release Miguna and instead deported the lawyer a second time on March 28.

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

Although the constitution and law provide for freedom of assembly, the government sometimes restricted this right. Police routinely denied requests for meetings filed by human rights activists, and authorities dispersed persons attending meetings that had not been prohibited beforehand. Organizers must notify local police in advance of public meetings, which may proceed unless police notify organizers otherwise. By law authorities may prohibit gatherings only if there is another previously scheduled meeting at the same time and venue or if there is a perceived specific security threat.

Police used excessive force at times to disperse demonstrators. The local press reported on multiple occasions that police used tear gas to disperse demonstrators or crowds of various types, including looters at the demolition of a shopping mall in September. On August 6, police tear-gassed Kenyatta National Hospital staff staging a peaceful protest over nonpayment of their health service allowances. IPOA’s investigation of resulting complaints continued as of year’s end.

FREEDOM OF ASSOCIATION

The constitution and law provide for freedom of association, and the government generally respected this right, but there were reports that authorities arbitrarily denied this right in some cases. A statement by the UN Office of the High Commissioner for Human Rights dated July 11 noted reprisals faced by numerous human rights defenders and communities that raised human rights concerns. Reprisals reportedly took the form of intimidation, termination of employment, beatings, and arrests and threats of malicious prosecution. There were reports of restrictions on workers’ freedom of association, including in the agribusiness and public sectors. Trade unionists reported workers dismissed for joining trade unions or for demanding respect for their labor rights.

The Societies Act requires that every public association be either registered or exempted from registration by the Registrar of Societies. The NGO Coordination Act requires that NGOs dedicated to advocacy, public benefit, or the promotion of charity or research register with the NGO Coordination Board. In February the High Court ordered the NGO Coordination Board to pay the Kenya Human Rights Commission KSH two million ($20,000) compensation for illegally freezing its accounts and attempting to deregister it in 2017. The NGO Coordination Board had also attempted to deregister the Africa Centre for Open Governance, but a court overturned that decision in December 2017.

The NGO Coordination Act of 1990 requires organizations employing foreign staff to seek authorization from the NGO Coordination Board before applying for a work permit.

In 2016 the Ministry of Devolution and Planning announced its intention to implement immediately the 2013 Public Benefits Organization (PBO) Act, an important step in providing a transparent legal framework for NGO activities. Despite two court rulings ordering the government to operationalize the PBO Act. In September the interior cabinet secretary pledged to operationalize the PBO Act by the end of the year but the government failed to do so.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

Domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases, although some groups reported experiencing increased government harassment during the year. Officials were sometimes cooperative and responsive to the queries of these groups, but the government generally ignored recommendations by human rights groups if such recommendations were contrary to its policies. There were reports that officials intimidated NGOs and threatened to disrupt their activities (see section 2.b.). Less-established NGOs, particularly in rural areas, reported harassment and threats by county-level officials as well as security forces. Human rights activists claimed security forces conducted surveillance of their activities, and some reported threats and intimidation.

The TJRC issued its final, multivolume report about human rights violations and injustices from the colonial period through the 2007-2008 postelection violence to President Kenyatta in May 2013. The government largely failed to implement the TJRC’s recommendations, despite calls from religious leaders and NGOs such as the International Center for Transitional Justice (see section 1.e, Property Restitution).

In 2013 a group of civil society organizations filed a High Court petition accusing the government of having failed to address properly sexual and gender based violence that occurred during the 2007-2008 postelection violence. According to the petition, the government failed to protect victims’ rights and did not investigate allegations or provide medical and legal assistance to survivors. The government had not made efforts to reach a timely resolution in the case, which continued as of the year’s end.

There were reports that officials and police officers threatened activists who sought justice for police killings and other serious abuses during the 2017 elections.

Human Rights Watch reported that, between August 2017 and March, police and other officials directly intimidated at least 15 activists and victims in Nairobi and in the western county of Kisumu. The intimidation included threats of arrest, warnings not to post information about police brutality, home and office raids, and confiscation of laptops and other equipment.

Government and security officials promptly investigated the 2016 triple homicide case of International Justice Mission (IJM) lawyer and investigator Willie Kimani, IJM client Josphat Mwenda, and their driver Joseph Muiruri and charged four police officers accused in the case. That trial continued as of the year’s end.

The KNCHR reported that security agencies continued to deny it full access to case-specific information and facilities to conduct investigations of human rights abuses as the constitution permits.

The United Nations or Other International Bodies: The government generally ignored recommendations of the United Nations or international human rights groups if they were contrary to government policies.

Government Human Rights Bodies: The KNCHR is an independent institution created by the 2010 constitution and established in 2011. Its mandate is to promote and protect human rights in the country. Citing budget restrictions, the administration reduced KNCHR’s budget for the fourth straight year after reaching a high in 2014-2015.

Kuwait

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

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

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

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

The constitution and law prohibit torture and other cruel, inhuman, or degrading treatment or punishment, but there continued to be reports of torture and mistreatment by police and security forces against detained members of minority groups and noncitizens.

Several persons claimed police or Kuwait State Security (KSS) force members beat them at police checkpoints or in detention. Six foreign nationals held at the detention center managed by the Drug Enforcement General Department (DEGD) reported credible cases of mistreatment during interrogation. Detainees reported being bound by the hands and feet and suspended by a rope while an interrogator beat their legs and feet with a wooden stick to coerce confessions or encourage them to give up information. Under the law when meeting with a public prosecutor, prisoners should be afforded an opportunity to file a claim of abuse to be referred to a designated physician for a medical exam and to document and treat their injuries. Two of these prisoners claimed that this opportunity was not provided to them; others may not have been aware they had this right under the country’s laws. The DEGD investigated and found no evidence of the torture of the six foreign nationals.

The government stated it investigated complaints against police officers and that disciplinary action was taken when warranted. Disciplinary actions in the past included fines, detention, and occasionally removal from their positions or termination. The government did not make public the findings of its investigations or punishments it imposed. In one publicized case in March, the Appeals Court upheld a ruling against a police officer who was terminated from his job and sentenced to five years in prison on charges of creating false documentation and blackmail in a drug related case. Although government investigations do not lead to compensation for victims of abuse, the victim can utilize government reports and results of internal disciplinary actions to seek compensation via civil courts.

Prison and Detention Center Conditions

According to the Human Rights Committee at the National Assembly, the prisons lacked the minimum standards of cleanliness and sanitation, were overcrowded, and suffered from widespread corruption in management, leading to drug abuse and prisoner safety issues. International observers who visited the Central Prison corroborated some of the reports. In February a group of defendants alleged there was a severe bacterial meningitis outbreak in the general prison population and requested authorities to take immediate action to resolve the problem. The defendants included members of the opposition in parliament as well as known political activists. The Ministry of Interior’s decision to transfer the prison hospital back to Ministry of Health management in accordance with international regulations and standards was commended by the International Committee of the Red Cross.

Physical Conditions: Prison overcrowding continued to be a significant problem. The three prisons in the country’s Central Prison Complex were designed to accommodate 2,500 prisoners, but the population had reached more than 6,000 inmates during the year. Prisoners share large dormitory cells that were designed to accommodate 20 to 30 inmates. During interviews with foreign diplomatic representatives, prisoners at the facilities reported it was common for double or triple that number of prisoners to be held in one cell. Inmates incarcerated at the central prison said the prison cells have become so overcrowded that they were forced to sleep on the floor in their cells, on mattresses in the hallway outside their cells, or share beds with other inmates.

In January the Ministry of Interior and the Public Prosecutor’s office agreed to form a special committee tasked with addressing the problem of overcrowding in the prison system. In February the emir ordered the payment of debts for citizens and foreign residents in prison, paving the way for release or extradition of detainees. In April the government issued a pardon commuting the sentences of nearly 2,300 inmates.

A nursery complex was provided for female inmates with young children. Officials stated the prison was not designed to accommodate prisoners with disabilities, adding that there had not been any convict with a significant disability held in the Central Prison.

The number of inmates at the Talha Deportation Center often went significantly beyond the 500 detainees it was designed to accommodate for brief periods. Detainees housed there faced some of the worst conditions in the prison system. Noncitizen women pending deportation were held at the Women’s Prison in the Central Prison Complex due to lack of segregated facilities at the deportation center. Resident representatives from various foreign missions reported that detainees complained of discrimination according to national origin and citizenship status.

Administration: There were some reports of corruption and lack of supervision by the administration of the prison and detention center system. While inmates lodged complaints against prison officials and other inmates, no information was available on the resolution of these complaints.

Independent Monitoring: The Ministry of Interior permitted independent monitoring of prison conditions by some nongovernmental observers and international human rights groups and required written approval for visits by local NGOs. Authorities permitted staff from the ICRC and the UN High Commission for Refugees (UNHCR) to visit the prisons and detention centers. The Kuwait Society for Human Rights and the Kuwait Association for the Basic Evaluation of Human Rights were allowed to visit prisons during the year. A government official stated that local and international NGOs visited prisons approximately 75 times during the year.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention. There were numerous reports, however, that police made arbitrary arrests of foreigners, regardless of their residency status, as part of sustained action against persons in the country illegally.

ROLE OF THE POLICE AND SECURITY APPARATUS

Police have sole responsibility for the enforcement of laws not related to national security, and the KSS oversees national security matters; both are under the purview of civilian authorities at the Ministry of Interior. The armed forces (land forces, air force, and navy) are responsible for external security and are subordinate to the Ministry of Defense. The Kuwait National Guard is a separate entity that is responsible for critical infrastructure protection, support for the Ministries of Interior and Defense, and for the maintenance of national readiness. The Kuwait Coast Guard falls under the Ministry of Interior.

Civilian authorities maintained effective control over security forces, and the government has mechanisms to investigate and punish abuse and corruption, which varied in effectiveness.

Police were generally effective in carrying out core responsibilities. There were reports that some police stations did not take criminal complaints seriously, especially those of foreigners, and of citizen and noncitizen victims of rape and domestic violence. In cases of alleged police abuse, the district chief investigator is responsible for examining abuse allegations and refers cases to the courts for trial. Alleged crimes perpetrated by nationals against nonnationals rarely led to prosecution. Many cases reached an informal resolution through cash settlement.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

A police officer generally must obtain an arrest warrant from a state prosecutor or a judge before making an arrest, except in cases of hot pursuit or observing the commission of a crime. There were numerous reports of police arresting and detaining foreign nationals without a warrant, primarily as part of the government’s action against unlawful residents. The courts usually do not accept cases without warrants issued prior to arrests. Authorities generally informed detainees promptly of the charges against them and allowed access to their lawyers and family members. Police investigate most misdemeanor cases and suspects are released within 48 hours after paying bail or a fine. For more serious misdemeanors and felonies, police can hold a suspect a maximum of four days on their own authority before they must refer the case to prosecution. Nonetheless, there were cases of detainees, especially those held for drug crimes, who were detained for periods of one to two weeks, and who were unaware of the specific charges against them; they were also not allowed to make phone calls or contact lawyers and family members.

Diplomatic representatives observed that in some detention cases, authorities permitted lawyers to attend legal proceedings but did not allow direct contact with their clients. In other cases defendants were absent and sentenced in their absence. Detainees were routinely denied access to their lawyers and translators in advance of hearings. Defendants who do not speak or understand Arabic often learned of charges against them after the trial, as they did not have access to a translator when the charges were pressed against them. The law provides the detained person the right to a prompt judicial determination of the detention’s legality. If authorities file charges, a prosecutor may remand a suspect to detention for an additional 10 days for a serious misdemeanor and three weeks for a felony to question the suspect and investigate the case. Prosecutors also may obtain court orders to extend detention for another 15 days, up to a maximum of four months’ detention pending trial. There is a functioning bail system for defendants awaiting trial. The bar association provides lawyers for indigent defendants; in these cases defendants do not have the option of choosing which lawyer is assigned to them. Defendants in drug cases were usually held incommunicado for several days while their cases were under investigation.

The Ministry of Interior investigates misdemeanor charges and refers cases to the misdemeanor court as appropriate. An undersecretary in the Ministry of Interior is responsible for approving all administrative deportation orders.

Arbitrary Arrest: There were reports that police arbitrarily detained nonnationals during raids, including some who possessed valid residency permits and visas.

Pretrial Detention: Arbitrary lengthy detention before trial sometimes occurred. Authorities held some detainees beyond the maximum detention period of six months. NGOs familiar with the judicial system reported that they believed the number of judges and prosecutors working at the MOJ was considered inadequate to handle cases in a timely manner and was the main cause of delays in processing cases.

Prolonged detention at the government-run Talha Deportation Center was also a problem, particularly when the detainee owed money to a citizen or was a citizen from a country without diplomatic representation in the country to facilitate exit documents.

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The constitution provides for freedoms of peaceful assembly and association, but the government restricted the right of noncitizens to demonstrate.

Officials sometimes also restricted the location of planned protests to designated public spaces, citing public safety and traffic concerns. In September a group of activists peacefully assembled and protested the censorship of books in front of the Ministry of Information. Activists reported that they had applied in advance, notifying the authorities of their planned protest, but had not received a response. The initial rally dispersed peacefully when members of police requested activists to move to a different venue. A second protest was organized and the authorities gave permission for the rally away from the Ministry of Information. In the past courts have tried and sentenced participants in unlicensed demonstrations to prison terms and deported noncitizens for participating in rallies.

The Bidoon are stateless Arabs who are recognized by the authorities but not granted citizenship. Bidoon activists have reported that if they try to assemble peacefully or organize campaigns to gain equal rights, authorities regularly harass them. Some Bidoon activists indicated they were detained for questioning by authorities each time they planned campaigns or protests.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association, but the government placed restrictions on this right. The law prohibits officially registered groups from engaging in political activities.

The government used its power to register associations as a means of political influence. The Ministry of Social Affairs and Labor can reject an NGO’s application if it deems the NGO does not provide a public service. Most charity closings resulted from improper reporting of fundraising activities, which included not getting permission from the ministry or failing to submit annual financial reports. Dozens of unlicensed civic groups, clubs, and unofficial NGOs had no legal status, and many of those chose not to register due to bureaucratic inconvenience or inability to meet the minimum 50-member threshold. The Ministry of Social Affairs and Labor continued to reject some new license requests, contending established NGOs already provided services similar to those the petitioners proposed. Members of licensed NGOs must obtain permission from the ministry to attend international conferences as official representatives of their organization.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

The government imposed some limits on the operations of domestic and international human rights groups. A number of domestic and international human rights groups generally operated with limited restrictions, investigating and publishing their findings on human rights cases. The law permits the existence of NGOs, but the government continued to deny registration to some. NGOs may not engage in political activity or encourage sectarianism. NGOs are required to demonstrate that their existence is in the public interest to be registered. Registered NGOs must show they will conduct business beneficial to the country; their work cannot undermine cultural values and norms as defined by the government.

Major local NGOs dedicated specifically to human rights included the Kuwait Society for Human Rights and the Kuwaiti Association of the Basic Evaluators of Human Rights. Other local registered NGOs were devoted to the rights or welfare of specific groups–such as women, children, prisoners, and persons with disabilities–operated with little government interference, as did a few dozen local, unregistered human rights groups. The government and various national assembly committees met occasionally with local NGOs and generally responded to their inquiries.

Government Human Rights Bodies: The National Assembly’s Human Rights Committee, which operates independently of the government, is an advisory body that primarily hears individual complaints of human rights abuses and worked with plaintiffs and relevant stakeholders to reach a mutual settlement. The committee visited the central prison and the central deportation center throughout the year to review overcrowding, prison and detainee treatment, and the condition of both facilities. The committee had adequate resources and was considered effective. In 2015 the Ministry of Foreign Affairs established an office of human rights funded by and under the authority of the ministry’s legal department. The office’s purpose is to produce human rights reports and respond to such reports produced by international organizations and governments that referenced the country. In January the committee started receiving grievances online.

Laos

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

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

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

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

The constitution and law prohibit such practices, and there were no reports government officials employed them. Civil society organizations claimed some prisoners were beaten or given electric shocks.

Prison and Detention Center Conditions

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

Physical Conditions: Prison cells were crowded. Some prisons reportedly held juveniles with adults, although no official or reliable statistics were available on the overall population or gender of prisoners countrywide. Due to a lack of space, pretrial detainees and convicted prisoners were held together. There was no information available on the prevalence of death in prisons or pretrial detention centers. Some prisons required inmates to reimburse authorities upon release for the cost of food eaten during incarceration. Prisoners in facilities in urban areas generally fared better than did those in smaller, provincial prisons.

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

Administration: The Ministry of Public Security is responsible for monitoring prison and detention center conditions. Authorities permitted prisoners and detainees to submit complaints to judicial authorities without censorship and to request investigation of credible allegations of inhuman conditions, although there were no reports of prisoners, detainees, or their family members making such requests due to fear of exacerbating poor detention conditions. During a session of the National Assembly in 2017, the legislature’s Justice Committee raised–and the president of the Supreme Court acknowledged–concerns about deteriorating prison conditions, including overcrowding and the detention of suspects together with convicted criminals.

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

Independent Monitoring: Government officials did not permit regular independent monitoring of prison conditions. During the 2017 Australia-Laos Human Rights Dialogue, Australian and EU diplomats and other foreign government officials were permitted to visit the only prison that held foreign prisoners, as well as a drug treatment detention center in Vientiane.

d. Arbitrary Arrest or Detention

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

ROLE OF THE POLICE AND SECURITY APPARATUS

The Ministry of Public Security maintains internal security but shares the function of external security with the Ministry of Defense’s security forces and with the LPRP and the LPRP’s mass organizations. The Ministry of Public Security oversees local, traffic, immigration, and security police, village police auxiliary, plus other armed police units. The armed forces have domestic security responsibilities, including counterterrorism and counterinsurgency.

Impunity remained a problem; however, there were no statistics available on its prevalence. The Ministry of Public Security’s Inspection Department maintained complaint boxes in most of the country for citizens to deposit written complaints, but statistics on utilization were not publicly available. The government revealed no information regarding the existence or nonexistence of a body that investigates abuses by security forces. There were no known actions taken by the government to train security forces on respect for human rights.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Both police and military forces have arrest powers, although generally only police exercised them. The law provides detainees the right to a prompt judicial determination of the legality of their detention. The law also requires authorities to notify detainees of the charges against them and inform next of kin of their detention within 24 hours of arrest, but this did not always occur in remote provinces. There is a bail system, but authorities implemented it arbitrarily. There were procedures for house arrest of detainees, particularly for health reasons. The law provides detained, arrested, or jailed persons the right to legal representation upon request. Three political prisoners were not allowed to meet with relatives. There were no other reports of prisoners held incommunicado.

Arbitrary Arrest: Police continued to exercise wide latitude in making arrests, relying on a provision of the law that permits warrantless arrests in urgent cases. Police reportedly used the threat of arrest as a means to intimidate persons or extract bribes. Local authorities detained several persons who belonged to minority religious groups. In September authorities detained (but did not charge) seven members of the Lao Evangelical Church for one week at a district jail in Champassack Province. In November in Savannahket Province, four members of the same church were arrested during religious services. One person was subsequently released, while three others remained in jail and had not been charged with a crime.

At times authorities detained prisoners after they completed their sentences, particularly if prisoners were unable to pay court fines. In some cases, officials released prisoners if they agreed to pay fines upon their release. The government sometimes released offenders convicted of nonviolent crimes without formally sentencing them to prison. During the National Assembly’s 2017 fall session, legislators called on judicial bodies to investigate instances of arrests without warrants by local police, and to which public prosecutors had turned a blind eye.

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

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The law places restrictions on the freedoms of peaceful assembly and association, and the government continued to restrict these rights.

FREEDOM OF PEACEFUL ASSEMBLY

The law prohibits participation in demonstrations, protest marches, or other acts that cause turmoil or social instability. Participation in such activities is punishable by a maximum five years’ imprisonment; however, this was not strictly enforced. For example, in October 2017 a crowd of almost 2,000 persons gathered to protest outside the office of a financial company that had allegedly defrauded investors; police intervened by detaining the company’s executives but did not detain any protesters.

FREEDOM OF ASSOCIATION

The government used laws that restrict citizens’ right to organize and join associations. For example, political groups other than mass organizations approved by the LPRP are prohibited. Moreover, the government occasionally influenced board membership of civil society organizations and forced some organizations to change their names to remove words it deemed sensitive, such as “rights.”

The registration process was generally burdensome, and authorities restricted NGOs’ ability to disseminate information and conduct activities without interference. By law the government regulates the registration of nonprofit civil society organizations, including economic, social welfare, professional, technical, and creative associations at the district, provincial, or national level, depending on their scope of work and membership. The government did not approve registration of any new nonprofit at the national level during the year, and there was no change in the number of registered associations since 2015: 147 national-level associations were fully registered, 22 had temporary registration, and 32 others had pending applications. Taxation of civil society organizations varied from organization to organization. Taxation requirements for international and local nonprofit organizations that receive foreign funding could be cumbersome and lacked uniformity, relying heavily on prenegotiated memorandums of understanding.

Some NGOs said the August 2017 decree covering NGOs further lengthened the registration process and government officials were either uncertain or unaware of the decree, leading to further delays. The decree also states that NGOs must seek approval from the Ministry of Foreign Affairs to receive funding greater than $60,000. It also mandates the government to provide “advice and assistance” to NGOs to ensure their operations are in line with party policy, the law, and government regulations.

Some ministries appeared more open to engagement with civil society organizations, illustrated by an increase in invitations to attend meetings at ministries. The government also invited NGOs to the National Assembly’s intersession and plenary. Despite some positive steps, civil society organizations still faced many challenges for effective civil engagement and participation.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

Domestic and international human rights groups operated only under government oversight, and the government limited their ability to investigate or publish findings on human rights abuses.

The government intermittently responded in writing to requests for information on the human rights situation from international human rights organizations. Moreover, the government maintained human rights dialogues with some foreign governments and continued to receive training in UN human rights conventions from international donors.

Government Human Rights Bodies: The government continued to support a National Steering Committee on Human Rights, chaired by a minister and head of the President’s Office, and composed of representatives from the government, National Assembly, the judiciary, and official mass organizations.

The Department of Treaties and Legal Affairs in the Ministry of Foreign Affairs acts as the secretariat for the National Human Rights Steering Committee and has authority to review and highlight challenges and constraints in the protection of human rights.

Lebanon

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

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

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

Despite public assurances that it would do so, the Lebanese Armed Forces (LAF) has not released a public report on its June 2017 antiterrorism operation in the vicinity of Aarsal. During the operation, the LAF–in search of suspected ISIS and Fatah al-Sham terrorists who had seized the area in 2014–detained more than 350 Syrian men after five terrorists detonated suicide bombs, killing a young girl and wounding seven soldiers. Four of the detainees died in custody. The LAF concluded its investigation in July 2017, and LAF leadership publically conceded the detainees experienced “some mistreatment,” but the LAF maintained they died of natural causes. Family members of three of the men released photographs of their bodies returned by the LAF, which they alleged showed signs of torture.

Closing arguments in the principal case, concerning the 2005 attack that killed former prime minister Rafik Hariri and 22 other individuals, took place in September at the Special Tribunal for Lebanon.

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

The penal code prohibits using acts of violence to obtain a confession or information about a crime, but the judiciary rarely investigated or prosecuted allegations of such acts. In September 2017 parliament approved a revised law against torture designed to align the country’s antitorture legislation better with the UN Convention Against Torture. The law prohibits all forms of torture or cruel, inhuman, or degrading punishment. Some nongovernmental organizations (NGOs) alleged that security officials mistreated detainees.

Human rights organizations reported that incidents of abuse occurred in certain police stations. The government denied the systematic use of torture, although authorities acknowledged violent abuse sometimes occurred during preliminary investigations at police stations or military installations where officials interrogated suspects without an attorney present.

In a July 15 report released by the NGO Human Rights Watch (HRW), local actor Ziad Itani alleged that officers from the General Directorate of State Security (GDSS) detained him incommunicado for six days in November 2017 and subjected him to torture until he confessed to collaborating with an Israeli agent. According to the report, Itani claimed that GDSS officers held him in a room designed for torture in an unknown location where they repeatedly beat and kicked him, hung him in a stress position, and used electrical cables to beat him, including on his exposed genitals. GDSS officers also allegedly threatened Itani and his family with rape and physical violence. The report claimed that Itani reported the torture to the Military Court during his first hearing in December 2017, but the judge failed to investigate the allegations as required by law. On May 29, the presiding judge dismissed the case against Itani after concluding the evidence against him appeared to be fabricated. Authorities subsequently charged a high-ranking police official for conspiring to fabricate evidence against Itani. After his release Itani visited Prime Minister Hariri who declared his arrest was based on “wrong information.” There were no reports that officials launched an investigation of the GDSS officers involved.

Although human rights and LGBTI organizations acknowledged some improvements in detainee treatment during the year, these organizations and former detainees continued to report that Internal Security Forces (ISF) officers mistreated drug users, persons involved in prostitution, and LGBTI individuals in custody, particularly through forced HIV testing, threats of prolonged detention, and threats to expose their status to family or friends.

One civilian employee of the UN Interim Force in Lebanon (UNIFIL) was accused of sexual exploitation in March 2017. The incident was alleged to have taken place in 2014 or 2015. According to the United Nations, the accused individual resigned after being placed on administrative leave without pay. An Office of Internal Oversight Services investigation substantiated the allegation in late 2017, and the United Nations placed a note of the outcome in the subject’s Official Status File.

Prison and Detention Center Conditions

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

Physical Conditions: As of October there were approximately 9,000 prisoners and detainees, including pretrial detainees and remanded prisoners, in facilities built to hold 3,500 inmates. Roumieh Prison, with a designed capacity of 1,500, held approximately 3,250 persons. Authorities often held pretrial detainees together with convicted prisoners. ISF statistics indicated that the prisons incarcerated more than 1,000 minors and approximately 300 women. The ISF incarcerated women at four dedicated women’s prisons (Baabda, Beirut, Zahle, and Tripoli).

Conditions in overcrowded prisons were poor. According to a government official, most prisons lacked adequate sanitation, ventilation, and lighting, and authorities did not regulate temperatures consistently. Prisoners lacked consistent access to potable water. Roumieh prisoners often slept 10 in a room originally built to accommodate two prisoners. Although better medical equipment and training were available at Roumieh, basic medical care suffered from inadequate staffing, poor working conditions, and extremely overcrowded medical facilities. Some NGOs complained of authorities’ negligence and failure to provide appropriate medical care to prisoners, which may have contributed to some deaths. The ISF reported that none died of police abuse, and there were no cases of rape in prisons during the year. During the year 12 prisoners died of natural causes and one prisoner died of a drug overdose.

There were reports that some prison officials engaged in sexual exploitation of female prisoners in which authorities exchanged favorable treatment such as improved handling of cases, improved cell conditions, or small luxuries like cigarettes or additional food to women willing to have sex with officials.

Administration: The ISF’s Committee to Monitor Against the Use of Torture and Other Inhuman Practices in Prisons and Detention Centers conducted 110 prison visits as of October. Parliament’s Human Rights Committee was responsible for monitoring the Ministry of Defense detention center. The minister of interior assigned a general-rank official as the commander of the inspection unit and a major-rank official as the commander of the human rights unit. The minister instructed the units to investigate every complaint. After completing an investigation, authorities transferred the case to the inspector general for action in the case of a disciplinary act or to a military investigative judge for additional investigation. If investigators found physical abuse, the military investigator assigned a medical team to confirm the abuse and the judge ruled at the conclusion of the review. As of October there were no complaints reported to the ISF committee. According to the ISF Human Rights Unit, in the course of its own investigations, the ISF took disciplinary action against officers it found responsible for abuse or mistreatment, including dismissals, but it did not publicize this action.

During the year authorities arrested an ISF prison officer on charges of sexual abuse against an inmate. The case was ongoing as of October.

Families of prisoners normally contacted the Ministry of Interior to report complaints, although prison directors could also initiate investigations. According to a government official, prison directors often protected officers under investigation. Prisoners and detainees also have the ability to report abuse directly to the ISF Human Rights Unit.

Independent Monitoring: The government permitted independent monitoring of prison and detention conditions by local and international human rights groups and the International Committee of the Red Cross (ICRC), and such monitoring took place. The ICRC regularly visited 23 prisons and detention centers.

Nongovernmental entities, such as the FTO Hizballah and Palestinian nonstate militias, also reportedly operated unofficial detention facilities. On August 19, local media published leaked photos purportedly showing entrances to several secret, Hizballah-run prisons in Beirut’s southern suburbs where Hizballah allegedly held, interrogated, and tortured detainees.

Improvements: ISF training and corrections staff continued to institutionalize best practices to protect human rights through developing and implementing standard operating procedures, and modifying hiring practices and training programs to improve professionalization among new officers.

On June 25, the country’s State Prosecutor ordered judges to cease prosecution of drug users before providing them the opportunity to participate in a treatment program; NGOs and international organizations cited the prosecution of drug users as a factor contributing to extended pretrial detention and overcrowding in prisons and detention centers.

d. Arbitrary Arrest or Detention

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

ROLE OF THE POLICE AND SECURITY APPARATUS

Civilian authorities maintained effective control over the ISF and the Directorate of General Security (DGS), and the government has effective mechanisms to investigate and punish abuse. The ISF, under the Ministry of Interior, is responsible for law enforcement, while the DGS, also under the Ministry of Interior, is responsible for border control. The LAF, under the Ministry of Defense, is responsible for external security but authorized to arrest and detain suspects on national security grounds; it also arrested alleged drug traffickers. The GDSS, reporting to the prime minister through the Higher Defense Council, is responsible for investigating espionage and other national security issues.

Each security apparatus has its own internal mechanisms to investigate cases of abuse and misconduct. The ISF code of conduct defines the obligations of ISF members and the legal and ethical standards by which they must abide in performing their duties. NGOs and human rights advocates alleged that officers in various security forces enjoyed a degree of implicit impunity for violations, particularly because the Military Court typically hears cases against them. NGOs argued this practice contradicts the antitorture law. Some agencies, however, stated they took steps to increase accountability. For example, according to government officials and legal advocacy organizations, the ISF Inspector General investigated officials suspected of official wrongdoing, subjecting them to arrest and disciplinary measures ranging from suspensions and reassignments to criminal prosecution, although it has not made case details public.

The Ministry of Interior has a human rights unit to enhance and raise awareness about human right issues within the ISF, train police officers on human right standards, and monitor and improve prison conditions. The Ministry staffed the department with four officers, including the department’s head, and 15 noncommissioned officers. The department and its leadership maintained high standards of professionalism.

The ISF administers a complaint mechanism allowing citizens to track complaints and receive notification of investigation results. Citizens may file formal complaints against any ISF officer in person at a police station, through a lawyer, by mail, or online through the ISF website. At the time an individual files a complaint, the filer receives a tracking number that may be used to check the status of the complaint throughout the investigation. The complaint mechanism provides the ISF the ability to notify those filing complaints of the results of its investigation.

The ISF human rights unit continued its collaboration with NGOs, civil society, and other stakeholders to improve and advise on human rights procedures and policies and to increase accountability.

The LAF has a human rights unit that engaged in human rights training through various international organizations. The unit worked to assure that the LAF operated in accordance with major international human rights conventions and coordinated human rights training in LAF training academies. The LAF human rights unit also worked with international NGOs to coordinate human rights training and policies, and it requested the creation of legal advisor positions to embed with LAF combat units and advise commanders on human rights and international law during operations. The unit also has responsibility for coordinating the LAF’s efforts to combat trafficking in persons.

During the year 60 LAF officers participated in intensive human rights-focused training. The LAF Directorate of Humanitarian Law and Human Rights produced a card with applicable human rights and law of armed conflict guidance, requiring soldiers to carry it to strengthen compliance with LAF human rights policies and procedures.

UN Security Resolutions 425 and 426 established UNIFIL in 1978 to confirm the Israeli withdrawal from the southern region of the country, restore peace and security, and assist the government in restoring its authority over its territory. UN Security Resolution 1701 stated UNIFIL was to monitor cessation of hostilities between Israel and Hizballah after their 2006 war, accompany the LAF in deploying to the South Litani Sector, assist in providing humanitarian access to civilians, or the safe return of displaced, as well as assist the government in securing its borders.

Despite the presence of Lebanese and UN security forces, Hizballah retained significant influence over parts of the country. Neither the LAF nor the ISF controlled or attempted to control the interiors of 11 of 12 Palestinian camps in the country. The LAF, however, maintained positions around the camps and monitored movements into and out of them (except Nahr el-Bared camp). Joint committees of armed Palestinian factions provided collectively for their internal security, and there was coordination with the government and the LAF.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

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

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

The code of criminal procedures states that from the moment of arrest a suspect or the subject of a complaint has the right to contact a member of his family, his employer, an advocate of his choosing, an acquaintance, or an interpreter, and undergo a medical examination on the approval of the general prosecutor. It does not, however, mention whether a lawyer may attend preliminary questioning with the judicial police. In practical terms the lawyer may not attend the preliminary questioning with judicial police. Under the framework of the law, it is possible to hold a suspect at a police station for hours before allowing the individual to exercise the right to contact an attorney. If the suspect lacks the resources to obtain legal counsel, authorities must provide free legal aid. The law does not require the judicial police to inform an individual who lacks legal counsel that one may be assigned through the Bar Association, whether in Beirut or Tripoli.

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

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

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

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

Arbitrary Arrest: According to local NGOs, cases of arbitrary detention occurred, but most victims chose not to report violations against them to the authorities. NGOs reported that most cases involved vulnerable groups such as refugees, drug users, LGBTI individuals, and migrant workers. Civil society groups reported authorities frequently detained foreign nationals arbitrarily.

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

Pretrial detention periods were often lengthy due to delays in due process. The ISF did not report the number of prisoners in pretrial detention. As of October there were approximately 9,000 detainees, between sentenced offenders and those awaiting trial. In August 2017 the ISF reported more than 4,000 pretrial detainees. The Office of the UN High Commissioner for Human Rights expressed concern about arbitrary pretrial detention without access to legal representation. Some pretrial detention periods equaled or exceeded the maximum sentence for the alleged crime. According to a study by the Lebanese Center for Human Rights, detainees spent one year on average in pretrial detention prior to sentencing. Individuals accused of murder spent on average 3.5 years in pretrial detention. Some Lebanese Sunni militants, detained after returning from fighting in Syria, have remained in pretrial detention for more than five years.

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these freedoms.

FREEDOM OF PEACEFUL ASSEMBLY

The constitution provides for the freedom of peaceful assembly with some conditions established by law. Organizers are required to obtain a permit from the Interior Ministry three days prior to any demonstration.

Security forces occasionally intervened to disperse demonstrations, usually when clashes broke out between opposing protesters.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association with some conditions established by law, and the government generally respected the law.

No prior authorization is required to form an association, but organizers must notify the Ministry of Interior for it to obtain legal recognition, and the ministry must verify that the organization respects public order, public morals, and state security. The ministry sometimes imposed additional, inconsistent restrictions and requirements and withheld approval. In some cases the ministry sent notification of formation papers to the security forces to initiate inquiries about an organization’s founding members. Organizations must invite ministry representatives to any general assembly where members vote on bylaws, amendments, or positions on the board of directors. The ministry must then validate the vote or election. Failure to do so may result in the dissolution of the organization by a decree issued by the Council of Ministers.

The cabinet must license all political parties (see section 3).

In areas under Hizballah’s sway, independent NGOs faced harassment and intimidation, including social, political, and financial pressures. Hizballah reportedly paid youth who worked in “unacceptable” NGOs to leave the groups.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were responsive in some instances to these groups’ views; however, there was limited accountability for human rights violations.

Government Human Rights Bodies: Parliament’s Committee on Human Rights struggled to advance legislative proposals to make legal changes to guide ministries in protecting specific human rights or, for example, improving prison conditions. The State Ministry for Human Rights supported human rights legislation and engaged with NGOs and international organizations, but lack of an official budget or staff limited it.

Mongolia

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

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

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

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

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

Local police are responsible for investigating allegations of abuse and torture. The Independent Authority Against Corruption (IAAC) investigates officials accused of torture. According to the IAAC, as of September it received 43 complaints of alleged torture. Of these, 24 cases were opened, 18 were dismissed, and one case remained under investigation. The IAAC also received 54 complaints of the use of force against the health or body of an individual by a public official, police officer, or investigator. Of these, 30 cases were opened, 21 were dismissed, and two remained under investigation as of September. The Ministry of Justice and Home Affairs reported that prisoners and detainees submitted five complaints of abuse as of September.

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

Under the criminal code, which came into effect in July 2017, all public officials are subject to prosecution for official abuse or torture. This code covers both physical and psychological abuse; however, the maximum punishment for torture is a prison sentence of five years. Although officials are liable for intentional infliction of severe bodily injury, prosecutions of this crime were rare. The law states prohibited acts do not constitute a crime when committed in accordance with an order by a superior in the course of duty. The law provides that the person who gave an illegal order is criminally liable for the harm caused, but prosecutions were rare. According to the NHRC, prosecutors, and judges, the law effectively provides immunity to officials allegedly engaged in coercing confessions at the behest of investigators or prosecutors. The NHRC also indicated authorities sometimes abandoned complaints of alleged psychological torture either for lack of evidence or because the degree of injury could not be determined. Moreover, witnesses were generally themselves detainees or prisoners and were under great pressure not to testify, including by threats against family or of additional charges with potentially longer sentences.

As of September the IAAC received four complaints of rape by police or correctional officials. All four cases remained under investigation.

Prison and Detention Center Conditions

According to the NHRC chief commissioner, conditions in most of the 23 prisons in the country had improved because most prisons had moved to new facilities; however, conditions remained poor and sometimes harsh in the five (of 26) pretrial detention centers that still operated in old facilities.

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

The 23 prisons and 26 pretrial detention centers the General Executive Agency of Court Decisions (GEACD) administered were generally not overcrowded. Nonetheless, NGOs and government officials reported that in the five older pretrial detention centers in rural areas, insufficient medical care, clothing, bedding, food, potable water, heating, lighting, ventilation, sanitary facilities, and accommodations for persons with disabilities were often problems. Conditions in some police-operated alcohol detoxification centers were poor.

The GEACD reported no deaths in prisons and one death in pretrial detention facilities as of September. According to the GEACD, 39 prisoners contracted tuberculosis as of September. According to the GEACD, it provided funding for a new facility to treat prisoners with tuberculosis. Correctional officials routinely released terminally ill patients shortly before death, which NGOs alleged led to misleadingly low prisoner death statistics.

Administration: The Prosecutor General’s Office monitors prison and detention center conditions. The Prosecutor General’s Office and the NHRC conducted multiple scheduled, unplanned, and complaint-based inspections of prisons, pretrial detention centers, and police detention centers.

Independent Monitoring: The government allowed access by independent nongovernmental observers and the NHRC, but authorities sometimes limited the areas observers could visit.

d. Arbitrary Arrest or Detention

The law provides that no person shall be arrested, detained, or deprived of liberty except by specified procedures and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, and government agencies generally observed these prohibitions. The General Intelligence Agency (GIA) sometimes detained suspects for questioning without charge, but the criminal code requires that a prosecutor supervise all detention.

ROLE OF THE POLICE AND SECURITY APPARATUS

The National Police Agency (NPA) and the General Authority for Border Protection, which operate under the Ministry of Justice and Home Affairs, are primarily responsible for internal security. The GIA, whose director reports to the prime minister, assists these two forces with internal security, in addition to foreign intelligence collection and operations.

The armed forces report to the Ministry of Defense and are responsible for national defense. The armed forces assist internal security forces in providing domestic emergency assistance and disaster relief.

Civilian authorities maintained control over both internal and external security forces, but mechanisms to investigate allegations of police abuses remained inadequate. There were reports police sometimes abused suspects.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

An evidence-based, prosecutor-approved warrant is generally required to arrest a suspect on criminal grounds. Within 24 hours of an arrest, a prosecutor must present a request stating the grounds and reasons for the arrest to a judge, who must decide within 48 hours whether to prolong the detention or release the suspect. The arresting authority must notify a suspect’s family within six hours of an arrest. A “pressing circumstances” exception in the law allows police to arrest suspects without a warrant. Examples of exceptions include murder or grave bodily injury, serious property damage, hot pursuit of a fleeing suspect, and suspicion that destruction of evidence would occur. In such cases a prosecutor must approve the arrest within 24 hours, and a judge must approve the arrest within the normal 48-hour period. If 72 hours pass after an arrest and a judge has not made a decision, police must release the suspect. Upon release, authorities must inform the suspect of the reasons for the arrest and detention.

The NHRC received 54 complaints of illegal arrest, arbitrary detention, and extended imprisonment as of October. It reported that investigative agencies occasionally detained suspects without judicial authorization and sometimes secretly when conducting investigations, and police employed such practices despite the availability of other methods of restraint, including bail (with the approval of a prosecutor), another person’s personal guarantee (a signed note in which the suspect pledges not to depart), and military surveillance. The personal guarantee system allows relatives to vouch for an accused family member. Unlike bail, the system does not involve pledged security in exchange for release. This system is available for all crimes, although authorities usually applied it to those accused of less serious offenses.

Despite these problems, authorities generally charged and informed detainees of the charges promptly and advised them of their right to counsel. Maximum pretrial detention with a court order is 18 months. Detainees generally had prompt access to family members, although repeated transfers or detention in remote locations undermined this right.

A detainee has the right to an attorney during pretrial detention and all subsequent stages of the legal process, including after sentencing. If a defendant does not engage an attorney, the government must appoint one if the defendant has a physical or mental disability that would hinder self-defense, is a minor, is not proficient in the Mongolian language, or has a conflict of interest with the defense counsel or other defendants. The law does not provide for the indigent status of a defendant. Detainees were generally aware of their right to legal counsel, but misperceptions limited their use of this right. For example, detainees were frequently unaware they could exercise this right from the start of the legal process and frequently did not assert it unless and until their cases reached trial.

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were sometimes cooperative and responsive to their views.

Government Human Rights Bodies: The NHRC is responsible for monitoring human rights abuses, initiating and reviewing policy changes, and coordinating with human rights NGOs. The NHRC consists of three senior commissioners nominated by the president, the Supreme Court, and parliament respectively for six-year terms, and parliament funds it. Officials reported government funding for the NHRC remained inadequate, and inspection, training, and public awareness activities were entirely dependent on external funding sources. The NHRC consistently supported politically contentious human rights issues, such as the rights of LGBTI individuals, persons with disabilities, and ethnic minorities.

There was some collaboration between the government and civil society in discussing human rights problems. NGOs and international organizations noted, however, that government officials were less open to including NGOs in the legal drafting process, preparation of official reports on social and human rights problems, and contracting with the government to implement social services.

Montenegro

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

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

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

Through August, there were nine deaths and 12 attempted homicides related to organized crime. The government historically performed poorly in prosecuting organized crime-related killings, but in the last year it increased prosecution of homicides linked to organized crime.

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

While the constitution and law prohibit such practices, there were reports of beatings, with some based on LGBTI identity, in prisons and detention centers across the country. The government prosecuted some police officers and prison guards accused of overstepping their authority, but there were delays in the court proceedings. Nongovernmental organizations (NGOs) noted that a number of police officers found to be responsible for violating the rules of their service, including cases of excessive use of force, remained on duty.

In March the Podgorica Basic Court sentenced Special Antiterrorist Unit (SAJ) members Boro Grgurovic and Goran Zejak to one year and five months in prison, respectively, for torturing and inflicting serious beating injuries on Milorad Martinovic after Martinovic allegedly attempted to run down police officers with his vehicle at an opposition parties’ protest in Podgorica in 2015.

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 some poor conditions in prisons and pretrial detention facilities, but overall there were no major concerns. However, the National Preventive Mechanism within the Ombudsman Office issued recommendations to the government to improve facilities in line with international and domestic legal standards. NGOs reported that detainees who were addicted to drugs, had mental disabilities, or had other disabilities continued to face difficulties in obtaining adequate treatment while detained.

Podgorica prison was still not fully accessible to persons with disabilities.

Administration: Authorities often conducted proper investigations of credible allegations of mistreatment, but they usually did so only in reaction to media campaigns or upon the ombudsman’s recommendation. Results of investigations were generally made available to the public.

Independent Monitoring: The government permitted visits to prisons by independent nongovernmental observers, including human rights groups and the media. Even when monitors visited on short notice, prison authorities allowed them to speak with the prisoners without the presence of a guard.

Improvements: Improvements in the physical facilities, staffing levels, and training for guards continued throughout the year. Overcrowding in Podgorica’s temporary detention prison significantly diminished. The Ministry of Justice reported building a juvenile prison as a separate building unit within the Institution for Execution of Criminal Sanctions in Spuz. The ministry also renovated a prison kitchen, library, and a room for visits at the women’s prison. The NGO Civic Alliance noted in a July report that health-care services at the Institution for Execution of Criminal Sanctions continued to improve.

d. Arbitrary Arrest or Detention

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

ROLE OF THE POLICE AND SECURITY APPARATUS

The National Police Force, which includes Border Police, is responsible for maintaining law and order. It operates under the supervision of the Ministry of the Interior and is generally effective. The Agency for National Security (ANB) is responsible for intelligence and counterintelligence activities.

Civilian authorities reported they maintained effective control over the National Police Force and the ANB. However, impunity remained a problem in the security forces, according to the NGO Human Rights Action. NGOs cited corruption, lack of transparency, and the ruling political parties’ influence over prosecutors and officials of the Ministry of Interior as obstacles to greater effectiveness. They noted there was no clear mechanism to investigate instances of impunity. There was also a widespread view that personal connections influenced the enforcement of laws. Low salaries sometimes contributed to corruption and unprofessional behavior by police officers.

On July 30, the government appointed Veselin Veljovic as the new chief of the Police Directorate with parliament’s consent. Media reported that Veljovic was investigated for a number of scandals involving corruption, politically motivated police attacks, and electoral malfeasance, but prosecutors never brought formal charges against him.

Human rights observers continued to express concern over the low number of prosecutions of security force personnel accused of human rights abuses. In the first six months of the year, the Police Unit received and investigated 16 complaints against police conduct, of which four were upheld. The prosecutor’s office, which is responsible for investigating such abuses, seldom challenged a police finding that its use of force was reasonable. Human rights observers claimed citizens were reluctant to report police misconduct due to fear of reprisals. Watchdog groups alleged that the continuing police practice of filing countercharges against individuals who reported police abuse discouraged citizens from reporting and influenced other police officers to cover up responsibility for violations. An external police oversight body, the Council for Civilian Control of Police Operations, stated that identification of police officers who committed alleged abuses was problematic because officers wore masks and were not willing to admit personal responsibility. Although part of their uniform, the masks contributed to a de facto impunity because police officers who perpetrated abuses could not be identified, and their units and commanders were unwilling to identify one of their members.

The government provided training to police and security forces aimed at reducing abuse and corruption, and promoting respect for human rights.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Arrests require a judicial ruling or a “reasonable suspicion by the police that the suspect committed an offense.” Police generally made arrests using warrants issued by judges and based on sufficient evidence. Police and prosecutors may detain suspects for up to 72 hours before bringing them before a judge and charging them. Although the law prohibits excessive delay in filing formal charges against suspects and in conducting investigations, delays sometimes occurred. At arraignment, judges make an initial determination about the legality of the detention, and arraignment usually occurred within the prescribed period.

Courts increasingly used bail. Judges can also release defendants without bail and limit their movements, impose reporting requirements upon them, or retain their passports or other documents to prevent flight. The law permits a detainee to have an attorney present during police questioning and court proceedings, and detainees generally had prompt access to a lawyer. Although legal assistance is required to be available for persons in need, there were financial constraints on the government’s provision of such assistance. NGOs also questioned the quality of legal assistance. Authorities must immediately inform the detainee’s family, common-law partner, or responsible social institution of an arrest, and they usually did so. There were no reports that authorities held detainees incommunicado.

Arbitrary Arrest: Police continued to summon witnesses and suspects to police stations for “informational talks” and often used this practice to curb hooliganism during soccer matches or to reduce participation in opposition political rallies. Usually this practice neither involved holding suspects longer than the six hours allowed by the law nor typically resulted in charges.

Pretrial Detention: Courts frequently ordered the detention of criminal defendants pending trial. The law sets the initial length of pretrial detention at 30 days but permits prosecutors to increase it by five months. When combined with extensions granted by trial judges, authorities could potentially detain a defendant legally for up to three years from arrest through completion of the trial or sentencing. The average detention lasted between 90 and 120 days. The length of pretrial detention was usually shorter than the maximum sentence for the alleged crime. Authorities stated that pretrial detainees on average accounted for 30 percent of the prison population. Police often relied on prolonged pretrial detention as an aid to investigate crimes. The backlog of criminal cases in the courts also contributed to prolonged detention. The courts continued to reduce this backlog gradually.