Security forces committed serious human rights violations including unlawful killings,
torture, and unlawful arrests and detentions. Harassment and intimidation of journalists
and lawyers as well as detention without trial of political opponents continued. Prison
conditions were harsh and the rights of detainees were regularly violated.
A “road map” to resolve the ongoing political crisis was signed in the capital Antananarivo
on 17 September by Malagasy political leaders under the mediation of the Southern
African Development Community (SADC). A new Prime Minister was appointed in October
and a Government of National Unity, including opposition members, was formed in November.
Former President Didier Ratsiraka returned to Madagascar in November after nine years
of exile in France but went back to Paris on 12 December. A new Transitional Parliament
was proclaimed on 1 December.
Criminal suspects were killed by members of the security forces with almost total
impunity.
Three men were shot dead in Antananarivo on 8 September by police officers from the
Rapid Intervention Group (GIR). The men were reportedly unarmed and did not resist
the police orders to stop. Despite wide publicity around the incident, no investigation
had been opened at the end of the year.
On 9 December, prosecutor Michel Rahavana was killed near his office and the prison
in Toliara by a group of police officers attempting to release a colleague who had
been arrested by the prosecutor in connection with a theft. Following a strike by
members of the judiciary, the Minister of Justice announced at the end of the year
that an investigation would be conducted.
On 17 July, taxi driver Hajaharimananirainy Zenon, known as Bota, died after being
arrested and tortured in the 67 ha neighbourhood of Antananarivo by members of the
Intervention Police Force (FIP) who dropped his body at the Antananarivo Hospital
morgue the following morning. Hajaharimananirainy Zenon’s family lodged a formal complaint
on 30 August but it was not clear at the end of the year if any official investigation
had started.
Dozens of perceived or real opponents to the High Transitional Authority (Haute Autorité
de la Transition, HAT) remained detained without trial, some since 2009.
Rakotompanahy Andry Faly, a former intern at the Malagasy Broadcasting System (MBS)
radio station, remained in detention despite his serious medical condition and repeated
requests to be granted bail that were turned down by the authorities. Andry Faly
had been arrested with three other MBS staff in Antananarivo in June 2009 by members
of the National Joint Commission of Inquiry (CNME), a security body especially created
by the HAT. In July 2011, he was transferred to the clinic of the Antanimora central
prison in Antananarivo where he remained at the end of the year. He was among 18
detainees who went on hunger strike in 2010 calling on the authorities to expedite
their trial.
Prison conditions were harsh and prisoners’ rights were ignored. Detainees did not
have access to adequate health care, food or sanitation. According to a June report
by the authorities, 19,870 people were detained in prisons with a maximum capacity
of 10,319. They included 785 women and 444 minors. The report also stated that 10,517
of the detainees were under preventive detention.
According to official figures, 58 detainees were on death row, where some had remained
for years while waiting for their cases to come before the Supreme Court.
The UN Children’s Fund (UNICEF) reported that children in Madagascar were adversely
affected by poor nutrition, homelessness, loss of schooling, lack of basic health
care and little or no access to water and sanitation. UNICEF stated that trafficking
of children for domestic service and sexual exploitation continued. Such practices
were carried out with impunity.
Arbitrary arrests and detention were common. In some cases, lawyers assisting or defending
perceived or real opponents to the HAT were themselves subject to arrest and detention
amounting to harassment and intimidation and denial of the right to legal counsel
for their clients.
On 28 February, Rolland Stephenson Ranarivony , lawyer for a member of the Reformed
Protestant Church of Madagascar (FJKM), was arrested and detained by officials from
the Territory Security Directorate (DST) when he arrived to inquire about the situation
of his client held in DST cells in Antananarivo. He was released later that day after
the president of the Malagasy Bar Association publicly complained about his arrest
and detention.
Privately owned media outlets and those believed to have links with the opposition
were targeted by the HAT.
According to the Minister of Communication, 80 media outlets were notified of suspension
in August after their licences were pronounced illegal. Some media outlet owners and
journalists denounced what they called the politically motivated decision. It was
not clear whether the suspensions remained in place at the end of the year.
