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Human rights abuses in Tunisia continue despite denial

Tue, 08 Jul 2008 16:33:40 +0100

A former prisoner and alleged torture victim, whose case was cited in Amnesty International's recent report on human rights abuses in Tunisia, has been re-arrested.

In what appears to be reprisal by the Tunisian authorities, Ziad Fakraoui was taken from his family home in Tunis on 25 June 2008, two days after the report’s publication.

Two Tunisian defence lawyers have also been subjected to harassment by Tunisian police and security forces after they spoke at a Paris press conference to launch the report.

The report, In the Name of Security: Routine Abuses in Tunisia, called on the Tunisian government to end human rights abuses while countering terrorism and hold its security forces to account.

Ziad Fakraoui was re-arrested by men in civilian clothing who identified themselves as state security officials. He was detained incommunicado for seven days.

On 2 July, his lawyers learnt that he was brought before an investigating judge on 28 June and charged with belonging to a terrorist organization and incitement to terrorism.

These were the same charges for which he was arrested in 2005 and sentenced to 12 years’ imprisonment in December 2007, reduced to three years on appeal in May 2008. He was released on 24 May as having already served his sentence.

He is currently detained in Mornaguia prison some 15km east of Tunis. His family was able to visit him. His lawyers are yet to be allowed to meet with him.

The two Tunisian lawyers and human rights defenders, Samir Dilou and Anouar Kousri, who described their experience as defence lawyers at the press conference on 23 June, were harassed by security officials when they returned to Tunis.

They were held for up to two hours at Tunis airport by security officials who searched them and their luggage. Subsequently, police visited their homes and told them that they should report to a police station without giving them a reason why.

Police questioned them about their participation in the Amnesty International press conference and accused them of circulating false information and harming Tunisia’s image abroad. Samir Dilou was threatened with prosecution if he continues such activities.

Amnesty International has urged the Tunisian government to grant Ziad Fakraoui immediate and regular access to his lawyer and to ensure that he is not tortured or otherwise ill-treated in detention.

The organization has also called on the Tunisian government to give him regular access to his family and any medical treatment he may require and to promptly charge him with a recognizably criminal offence and bring him before a court in fair proceedings or to release him.

Amnesty International has also called on the Tunisian government to end the practice of illegal detention in Tunisia and the harassment of Samir Dilou, Anouar Kousri and other human rights defenders.

Stronger witness protection needed to ensure accountability for war crimes

Fri, 04 Jul 2008 13:48:57 +0100

Amnesty International yesterday expressed disappointment at the deportation from the UK of Sri Lankan national Vinayagamoorthi Muralitharan, known as Karuna, who is alleged to have committed war crimes and crimes against humanity in Sri Lanka. He was deported following his conviction on immigration charges.

"The deportation of Karuna now means that the investigation by the UK authorities into these allegations has come to an end. Karuna is entitled to be presumed innocent, until and unless guilt can be proved beyond reasonable doubt in a fair trial. We will, however, be writing to the authorities of Sri Lanka to ask for an investigation to be started there into these allegations," said Amnesty International.

"We are also concerned that the investigation collapsed because the UK government did not dedicate the necessary resources to it and did not sufficiently reassure the victims or their relatives of their safety under a witness protection programme."

A number of non-governmental organizations had presented information to the Metropolitan Police (London's police force) relating to grave allegations of human rights abuses committed by Karuna. These included statements by victims and witnesses, and names of witnesses who were prepared to provide relevant details about Karuna’s alleged responsibility for or involvement in Sri Lanka in incidents of torture, hostage-taking, and the recruitment and use of children as soldiers in combat.

Amnesty International had also received testimonies from potential witnesses, but they were unwilling to testify or present their testimonies to the Metropolitan Police for fear of reprisals in the UK and in Sri Lanka. The organization is aware of at least one witness in Sri Lanka who provided information to the Metropolitan Police and who is still in Sri Lanka, without having been given any protection in that country, or having been given the choice of being relocated elsewhere. Amnesty International is concerned that this witness may now face a real risk of reprisals for having given information to the police investigation into Karuna.

“We have expressed our concerns to the Metropolitan Police that not enough may have been done to protect witnesses, and reassure potential witnesses, as they conducted their investigation. We would like to see the UK authorities introduce new measures in the future to try war criminals and protect witnesses,” said Amnesty International.

Amnesty International calls on the UK authorities to establish effective witness protection programmes for investigations into allegations such as these, modelled on the witness protection programmes of the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda, the Special Court for Sierra Leone and the International Criminal Court. The organization also calls on the UK authorities to set up an independent and specialized police and prosecution unit with sufficient resources to deal with crimes against humanity, torture and war crimes.

Background
Karuna was a prominent leader of the Liberation Tigers of Tamil Eelam (LTTE), an armed opposition group fighting for an independent Tamil homeland in Sri Lanka. He left the LTTE to set up his own splinter group, the Tamileel Makkal Viduthalai Pulikal, or People's Liberation Tigers of Tamil Eelam (TMVP), which also has a political wing. Since March 2004, the group appears to have been operating with the support of the Sri Lankan Army to challenge the LTTE in eastern Sri Lanka.

He was residing in the United Kingdom when he was taken into custody and charged by UK authorities in November 2007 in relation to immigration offences, for which he was subsequently convicted.

Although the allegations against Karuna relate to actions in Sri Lanka, the courts in the UK could have exercised jurisdiction over a number of the offences he is alleged to have committed:

over acts of torture committed since March 2004 (the date when Karuna became allied with government forces), in violation of Section 134 of the Criminal Justice Act 1988; courts in the UK can try any individual for this offence if committed by, or with the consent or acquiescence of, a public official or person acting in an official capacity, no matter what the nationality of the perpetrator or where the alleged offence was committed: it is an offence of so-called ‘universal jurisdiction’;
acts of hostage taking committed since 1982, in violation of Section 1 (1) of the Taking of Hostages Act 1982: again, this is an offence of universal jurisdiction, for which the courts in the UK can try someone of any nationality, no matter where the offence was committed;
war crimes and crimes against humanity committed since September 2001, in violation of the International Criminal Court Act 2001: by virtue of s.51(2)(b) of that Act, the courts in the UK can try someone for a war crime or crime against humanity committed outside the UK, provided that the person is either a UK national, a UK resident or a person subject to UK service jurisdiction, such as serving members of the UK armed forces. To the best of Amnesty International's knowledge, Karuna was resident in the UK, for the purposes of this Act, at the time of his arrest in November 2007.

Amnesty International wrote to the Metropolitan Police raising concerns about the investigation on 14 May and again on 4 June 2008 but has not yet received any replies to these letters.

Ingrid Betancourt freed

Fri, 04 Jul 2008 11:36:08 +0100

Amnesty International has welcomed the news that on 2 July former presidential candidate Ingrid Betancourt at last gained her freedom after more than six years in captivity at the hands of the guerrilla group, the Revolutionary Armed Forces of Colombia (FARC).

Ingrid Betancourt, kidnapped in 2002, was freed along with three US contractors, kidnapped by the FARC in 2003, as well as 11 members of the Colombian security forces held captive by the guerrilla group. The Colombian government has said the 15 were freed following a military operation by the Colombian security forces.

"We must not, however, forget the hundreds of other civilians still being held, mainly by the FARC and the National Liberation Army (ELN), which must release all of them immediately and unconditionally, as well as commit to put an immediate end to all kidnapping and hostage-taking", Amnesty International said.
All those held captive must be treated humanely, regardless of whether these are civilians or members of the security forces.

EU return directive affects dignity and security of irregular migrants

Fri, 04 Jul 2008 12:52:56 +0100

We believe that the text approved on Wednesday 18 June by the European Parliament does not guarantee the return of irregular migrants in safety and dignity. On the contrary, an excessive period of detention of up to one and a half years as well as an EU-wide re-entry ban for those forcibly returned, risks lowering existing standards in the Member States and sets an extremely bad example to other regions in the world.

At the same time, the text lacks sufficient guarantees for unaccompanied minors and contains weak provisions with regard to judicial oversight of administrative detention. Finally, it allows specific derogations on detention conditions in those Member States confronted with so-called emergency situations.

The added value of this EU-directive is therefore hard to see. At the same time, it risks promoting prolonged detention practices in EU Member States and impacting negatively on access to the territory.

Amnesty International urges Member States currently applying higher standards not to use this directive as a pretext to lowering them.

Violence and coercion mark Zimbabwe's election

Fri, 27 Jun 2008 18:07:34 +0100

Voting in Zimbabwe on Friday has been marked by a campaign of state violence and intimidation in the run up to the presidential election. Amnesty International has said that it is deeply disturbed by the campaign that is part of a deliberate strategy by the Zimbabwean government to ensure that Robert Mugabe wins the election.

The decision to hold the vote came despite calls by the international community to postpone the election until the security situation in Zimbabwe had improved. Across Zimbabwe, thousands of suspected supporters of the opposition Movement for Democratic Change (MDC) have been harassed and intimidated.

"Today’s election is being held against a backdrop of widespread killings, torture and assault of perceived opposition supporters. Zimbabwe has been allowed to operate outside the African Union (AU) and UN human rights framework for far too long,” said Amnesty International.

"It is time for effective African and international solidarity with the victims of human rights violations in Zimbabwe. The people must not be left alone to suffer this ongoing violence."

Supporters – or perceived supporters – of the MDC have been arbitrarily arrested and detained. The MDC claims that about 2,000 of its members are in custody. Among the political detainees was the party’s Secretary General Mr Tendai Biti, who was released from detention on 26 June after being arrested on 12 June on charges of treason.

Over 80 people have been killed in the post-election violence so far – most of them MDC supporters.

"War veterans" have set up informal "bases" in rural and urban areas where they plan attacks against perceived MDC supporters. They conduct "re-education" sessions that include severely assaulting people suspected to be MDC supporters as a "lesson" to others. Victims include women, children and the elderly.

State security agencies such as the police and army are being used to pursue a partisan agenda – seriously compromising their constitutional responsibility to protect the human rights of all Zimbabweans.

Other perceived opponents of the government have also been targeted, including human rights defenders and lawyers. A number of lawyers have been forced to flee the country out of fear for their lives and the safety of their families.

Human rights defenders, including members of Women of Zimbabwe Arise (WOZA), have been arbitrarily arrested and denied bail purely for exercising their right to peaceful protest.

"Human rights activists like Jenni Williams and Magodonga Mahlangu from WOZA have been languishing in detention since their arrest on 28 May, solely for exercising their rights to freedom of expression, association and peaceful protest," said Amnesty International. "Meanwhile, murderers, torturers, and other perpetrators of human rights violations are left at large and given free rein to commit further human rights violations with impunity.”

Time for Spain to deliver on human rights

Fri, 20 Jun 2008 15:14:44 +0100

In Madrid today, Amnesty International made public the human rights agenda for the Spanish government’s second term, a review of progress to date and a number of concrete suggestions for future action which was presented yesterday to President Rodriguez Zapatero.

“We welcome the commitment President Zapatero gave us to adopt a national Human Rights Plan by the end of 2008,” said Irene Khan, Amnesty International’s Secretary General. “This is an opportunity to show leadership in delivering results on human rights.”

Spain – a Stronger commitment, more effective action – A Human Rights Agenda for 2008 – 2012 reviews progress made over the government’s previous term, defines the key human rights challenges facing Spain, and sets out a roadmap for change which includes a list of 17 indicators to test the government’s performance against its promises.

“President Zapatero told us his Human Rights Plan will be ambitious, and we shall certainly hold him to that,” said Irene Khan. Amnesty International is calling for a plan which is widely consulted, consistent with Spain’s international obligations, and coherent in demonstrating the same commitment to human rights at home and abroad. The plan must be responsive to the human rights challenges facing Spain, strengthening protection for those most vulnerable in society such as women survivors of violence, children, migrants and the detained. It should set challenging and clear benchmarks, against which progress can be mapped in a transparent manner.

“The plan must not be just a paper promise – it must be a plan for delivery of results,” said Ms Khan.

Amnesty International’s review of the past four years shows progress in some areas but also the need for stronger commitment and more effective action in some others. Amnesty International welcomes the law to control the trade in military equipment and the law to combat gender-based violence. They show political will but much more than political will is needed to convert these measures into effective action. The law on the rights of victims of the Spanish Civil War and the Franco regime was an important first step but it has fallen short of expectations on truth, justice and reparation.

“The time is ripe for a truly ambitious national Human Rights Plan – a Plan that builds on these achievements and boldly moves further to tackle the critical human rights challenges of today,” said Ms Khan.

One of the challenges the government faces is that of the continuing grave abuses by Euskadi Ta Askatasuna (ETA). Amnesty International has consistently and unreservedly condemned the violence by ETA as grave human rights abuses and categorically refutes any arguments or objectives which attempt to justify them.

The government has an obligation to protect people from such attacks but it must do so within the framework of human rights and the rule of international law. “Terrorism cannot be overcome by undermining human rights and the rule of international law – that is Amnesty International’s message in the fight against terrorism worldwide and it is our message in Spain,” said Ms Khan.

Another of the complex challenges facing Spain, and indeed the whole of Europe is that of migration. While Amnesty International recognizes that states have the right to control their borders this should not, however, be at the expense of undermining the human rights of migrants, whether they have documents or not.

“Having no documents does not mean you have no rights,” said Ms Khan, “and Amnesty International is deeply disappointed by the adoption on 18 June of a European Union directive which will now allow member states to detain people who have not committed any crime, including minors, for up to 18 months”.

The Spanish government has indicated that it will be revising its Aliens Law. Amnesty International calls on Spain not to drive down its standards on the treatment of migrants to the lowest common denominator of Europe. The government reiterated the commitment it made in its election manifesto to ratify the Convention on Migrant Workers, which Amnesty International welcomes. “We challenge the Spanish government – in developing its National Human Rights Plan – to take the lead in Europe to build a migration policy of best practice based on human rights,” said Ms Khan.

Spain must also wake up to the Europe-wide challenge of racism and xenophobia. Despite the creation in Spain of an Observatory on these issues, no data or statistics have been published. “Racism and xenophobia are alive in reality, but invisible in official terms. Such a situation must be brought to an end immediately,” said Ms Khan. Amnesty International calls for the adoption of a comprehensive strategy for gathering and publishing such information throughout Spain, as part of a wider plan to combat racism and intolerance.

Research by Amnesty International and others shows that incidents of torture and ill-treatment, while not systematic, continue to be reported by a wide range of individuals from across the country. The organisation welcomes the increasing recognition on the part of the authorities that torture and ill-treatment are not isolated aberrations, and calls for action to tackle the problem, including through the establishment of an independent mechanism to investigate complaints against the police, as is done in a number of European countries. Safeguards such as this are the best way to protect both the rights of detainees and the reputation of law enforcement officials against false complaints.

One welcome preventative measure in this regard has been the introduction of video cameras to monitor detainees in police custody – a move pioneered by the Basque Country and now followed by Catalonia. The introduction of measures that would allow judges to order the video surveillance of incommunicado detainees held by state police forces is an improvement. Amnesty International calls for such a measure to be made compulsory in all cases of detention. “In any case, the Spanish law on incommunicado detention is an anomaly in Europe, and should be repealed,” said Ms Khan.

In the international arena Amnesty International calls on Spain to show a commitment to human rights consistently across the entire spectrum of its foreign policy. Amnesty International welcomes Spain’s commitment to multilateralism and the positive support it has given in recent years to the human rights institutions at the United Nations. But it needs to show a similar commitment to human rights in its bilateral relations with governments such as China, Colombia, Morocco, Russia, and the USA.

“Subordinating human rights to short-term economic, strategic and political interests in bilateral relations is not only short-sighted, it contradicts and undermines the Spanish government’s overall foreign policy goals of promoting human rights multilaterally,” said Ms Khan.

“President Zapatero has launched a bold initiative for a global moratorium on the death penalty, which we support,” said Ms Khan. “We challenge President Zapatero to be equally bold in leading on other pressing human rights challenges at home, in Europe and abroad. In its second term the Zapatero government has got a unique opportunity to deliver on human rights.”

Background

An Amnesty International delegation, led by Secretary General Irene Khan, has been in Spain since 14 June, meeting with representatives of civil society, parliamentarians and members of the government. In the Canary Islands the delegation met with the President of the autonomous government and visited a centre for unaccompanied minors. In the Basque Country Irene Khan met the President of the autonomous government, the Ombudsman and the Counsellors of Interior and Justice. She was also invited to address the Basque parliamentary Human Rights Commission. While in Madrid Irene Khan´s official meetings included those with President of the government, the Minister of Justice, the Secretaries of State for Migration, Interior and Foreign Affairs, the Attorney General, the President of the Criminal Chamber of the National Criminal Court, representatives of the General Council of the Judicial Power, and representatives of different political parties in the parliament.

Twelve bodies found in Zimbabwe – victims tortured to death

Fri, 20 Jun 2008 11:04:00 +0100

Amnesty International revealed on Thursday that 12 bodies have been found in various areas of Zimbabwe. Most of the victims appear to have been tortured to death by their abductors.

They were allegedly abducted by ZANU-PF supporters who, in some instances, were accompanied by armed men believed to be government agents.

Four of the victims were reportedly abducted yesterday from the home of Mr Chipiyo, an MDC councillor-elect in Chitungwiza by ZANU-PF youths. One of the victims is Archford Chipiyo the son of the MDC councillor-elect.

Five bodies were found in Masvingo province, while two were found in Gokwe district in the Midlands province and one was found dumped in Harare.

Another victim died in Harare today in hospital of injuries sustained from the beatings by ZANU-PF youths when she attended a funeral of a relative in Buhera.

Amnesty International has also received information from eyewitnesses that soldiers are going about threatening villagers with guns, instructing them to vote for President Mugabe on 27 June.

"The government must publicly denounce all acts of violence by ZANU-PF supporters, 'war veterans' and soldiers and work with all political parties to end political violence immediately," said Amnesty International.

"It should also withdraw soldiers, who have been deployed in rural and urban areas, and are instigating attacks against people perceived to be supporters of the MDC."

Amnesty International also called on leaders of the South Africa Development Community (SADC) to convene an emergency summit to address the deteriorating security situation in Zimbabwe.

Child "enemy combatants" face Guantánamo hearings

Fri, 20 Jun 2008 11:52:09 +0100

Two people who were under 18 at the time of their detention by the US military in Afghanistan are facing military commission hearings in Guantánamo. Pre-trial hearings resumed this week in the cases of Mohammed Jawad and Omar Khadr.

These are the first commission hearings to take place since the US Supreme Court ruled last week that the Guantánamo detainees had the right to challenge their detention in the federal civilian courts. Amnesty International has an observer at the hearings.

As well as challenging the legality of the proceedings, their lawyers raised disturbing allegations of torture and ill-treatment and continuing concerns about the detainees’ physical and mental health.

Mohammed Jawad is an Afghan national who was aged 16 or 17 when detained in Kabul in December 2002. His lawyer, Air Force Major David Frakt, filed a motion to dismiss attempted murder charges against him on the ground that the US military had tortured him in Guantánamo through severe sleep deprivation and other ill-treatment.

Records revealed that Mohammed Jawad was subjected to what is known as the "frequent flyer program" in the course of a two-week period in May 2004. He was transferred to different Guantánamo cells 112 times every two hours. Mohammad Jawad had already tried to commit suicide some months before.

At the time he was subjected to the treatment, according to his lawyer, his custody records showed he had already been determined to have "no intelligence value". His record further showed only minor disciplinary infractions, such as calling out to fellow detainees in Pashto (his own language) while in isolation.

During his last appearance before a military commission in March, Amnesty International's observer noted that Mohammed Jawad was visibly agitated. At one point he removed the headphones he was wearing for interpretation, saying he had a severe headache. He put his head down on the table and did not raise it again for the rest of the proceedings.

Omar Khadr was only 15 years old when taken into US custody. The Canadian national also faces a military commission hearing today, at which the charges against him are expected to be challenged again. He is reported to have complained recently of feeling unwell and suffering dizziness, although a military health professional who visited him reported yesterday that he found him to be "in good health with no complaints or problems."

Amnesty International's observer made a request jointly with other NGO observers from Human Rights Watch, Human Rights First and the ACLU on Tuesday to be allowed to view the cells where Mohammed Jawad and Omar Khadr are currently held, because of concerns raised about the impact of their conditions on their mental and physical health. No response has yet been received from the authorities to this request.

Amnesty International has said that that no-one under 18 should ever have been transferred to Guantánamo or that anyone who was a child at the time of the alleged crime should be subjected to a military commission. Apart from fundamental flaws in the proceedings generally, the commission have no juvenile justice provisions as required under international law.

Amnesty International has called on the US authorities to abandon the fundamentally unfair military commissions in all cases; to close Guantánamo promptly and either release or charge and try the detainees held there in US federal civilian courts.

Call for action on World Refugee Day 20 June

Fri, 20 Jun 2008 14:09:22 +0100

In this, the 60th anniversary year of the Universal Declaration of Human Rights (UDHR) on World Refugee Day, Amnesty International calls on states to reaffirm everyone’s right to seek and to enjoy asylum from persecution, as recognized in the words of article 14 of the UDHR.

Almost two million Iraqi refugees, fleeing murder, kidnap, torture and ill treatment, are now living in Syria and Jordan.

In the Mediterranean region, asylum-seekers and migrants continue to die in the sea in their desperate attempt to reach Europe.

These are two of the many refugee problems that confront the world today.

Meanwhile, doors are being quietly closed. People fleeing Iraq now face visa restrictions as they try to enter Jordan and Syria. Sweden, host to the largest number of Iraqi refugees in Europe, has now changed its approach and is returning refugees to very dangerous areas of their home country. In the Mediterranean region, European Union countries such as Spain and Italy are involved with interception operations and joint migration control measures with countries in North and West Africa. People are being sent back to the terrible situations they were desperately trying to escape.

International assistance for Iraqi refugees in Syria and Jordan is desperately needed, contributions to UN agencies working with refugees from Iraq inadequate. In May 2008, the United Nations High Commissioner for Refugees (UNHCR) made a fresh appeal for increased funding for its Iraq work. They cited a shortfall of $127 million for assistance programmes without which essential health and food assistance programs may have to be reduced, forcing many Iraqis into further destitution and raising the likelihood of higher malnutrition rates and increased rise of child labour.

A total of 147 states are parties to the 1951 Convention relating to the Status of Refugees (the Refugee Convention) or its Protocol - the main international instruments protecting refugees.

Amnesty International calls for world governments to ensure that their actions and policies do not undermine the protection offered by the Convention and other international instruments. Amnesty International also believes that states should not only protect the rights of refugees within their jurisdiction but should also help other countries dealing with large scale refugee situations.

Amnesty International calls on the European Union to fully respect its obligations towards refugees, by ensuring that its border controls do not directly, or indirectly, force asylum-seekers to return to transit countries where they would be at risk of arbitrary detention, collective expulsion, refoulement - - as in the case of a number of countries in North and West Africa - - even the risk of being dumped in the desert without food or water.

The organization also calls on the European Union to ensure that in the development of its common asylum system, all asylum-seekers under the jurisdiction of its member states have access to fair and satisfactory asylum procedures regardless of their country of origin or transit, and that the use of inadequate accelerated asylum procedures is ended.

Amnesty International urges states to increase the use of resettlement as one of several responsibility-sharing tools to relieve the burden of receiving states and to provide refugees with a durable solution. For many refugees, it is the only way to ensure they have access to basic rights such as education, health care and adequate housing. For some, their illness, disability or trauma means they do not have access to adequate care in their countries of asylum. Only nine countries have traditionally had large resettlement programmes; these have been recently joined by developing countries such as Chile, Burkina Faso and Brazil, which have started to resettle small numbers of refugees. Amnesty International calls on other states to join this list.

Finally, Amnesty International urges states, in cooperation with UNHCR, to develop an effective way of sharing the responsibility for large numbers of refugees, as and when urgent situations arise.

The answer to this grievous problem cannot be to countenance human suffering and turn our backs on people in tragic circumstances. It is to take more responsibility for this global problem in a global way.

Visit to Canary Islands appeals for respect for rights of migrants, refugees and asylum-seekers

Mon, 16 Jun 2008 17:44:14 +0100

Amnesty International's Secretary General, Irene Khan, is leading a mission to Spain to meet with government officials, human rights organizations, survivors of human rights violations and professional organizations. The visit will conclude with the launch of a human rights agenda to the Spanish Government for the 2008-2011 legislature period.

During a visit to Tenerife, Irene Khan made the following statement during a symbolic event at Santa Lastenia cemetery:

"Dozens of unidentified migrants who lost their lives trying to get to European territory through one of the main entry points, the Canary Islands, are buried in this cemetery.

The number of people reaching the Canaries, as well as other southern frontiers like Italy, Cyprus, Malta or Greece, has grown considerably over the last years. Many of them are fleeing poverty and grave human rights violations. Many of them have not made it and have died in the attempt.

Today, in the name of Amnesty International, and its more than 2 million members and supporters around the world, I want to acknowledge this terrible human tragedy and acknowledge the suffering of these people.

And through this tribute I want to remind European governments that just because some persons do not have documents, it does not mean they do not have rights.

Every human being has human rights, regardless of their legal status, but in many cases human rights are being put at risk because of the immigration control policies pursued by European countries.

This is unacceptable.

Everyone has the right to be treated humanely and with dignity. Asylum-seekers fleeing from persecution have the right to seek asylum. Migrants have the right to be treated humanely and with dignity.

Amnesty International recognizes that States, including Spain, have the right to control their borders and the entry of foreigners into its territory, but not at the expense of undermining the human rights of migrants, refugees and asylum seekers.

On Wednesday 18 June, European parliamentarians will be taking a very important decision on the return of irregular migrants – voting on a directive which will allow European Union countries to detain people who have not committed any crime, including minors, for up to one year and a half.

The proposed directive is unacceptable as an EU standard and I call on all Members of the European Parliament to vote to reject it. Detention should only be used in very exceptional cases, always for the shortest possible time and must not be prolonged or indefinite. Standards for returns are needed, but we do not they should be at all costs. The directive must include safeguards that ensure that the return of irregular migrants is carried out in a way that respects their fundamental rights.

Europe can do better than this. I strongly urge Members of the European Parliament to refuse the current compromise and make sure effective safeguards are included.

As unaccompanied children are particularly vulnerable, the directive should prohibit detention of unaccompanied children and ensure that they are represented by a guardian.

Later today, I will visit the "La Esperanza" centre and meet some such minors. My purpose in doing so will be to draw attention to the vulnerability of young people, and the duty of all governments, including that of Spain, to provide protection for them. Our concerns in this area include reports that the Spanish authorities have deported unaccompanied minors illegally, without taking into account the best interests of the child and other safeguards under international law.

Prioritizing immigration control should not mean turning our backs on the rights of migrants, refugees and asylum-seekers, a particularly vulnerable and unprotected group.

The EU is a union of value based on democracy and human rights. It must live up to those values and protect the rights of migrants, refugees and asylum-seekers."