Forcible Return and Torture

This Urgent Action is about the extradition from Spain of the ethnic Chechen Murad Gasayev to the Russian Federation. There is grave risk of torture, other ill treatment and an unfair trial.

See the full information from Amnesty HERE.

Mr Gasayev has been denied asylum in Spain on the basis of information neither he, nor his lawyers, have ever seen. He is wanted by the Russian Federation in relation to an armed attack in the Republic of Ingushetia in 2004. He says that he has been detained and tortured in relation to this incident.

Amnesty writes:

In recent years the CPT [Council of Europe Committee for the Prevention of Torture] has taken the extraordinary step of publishing its damning reports on the problem of torture in Chechnya. ... The CPT ... is only authorized to make public statements when a country "fails to co-operate or refuses to improve the situation in the light of the Committee's recommendations." The fact the CPT has felt obliged to resort to a public statement three times ... indicates that the CPT considers Russia is failing to effectively tackle torture in Chechnya.

And:

The Russian human rights organisation Memorial has researched and documented the cases of several people convicted in connection with the June 2004 attack. Memorial has found evidence that during ... those suspected of involvement in the attack were tortured, and were denied a fair trial. Amnesty International has interviewed several people whose statements support these findings.

The below is an email I sent to Spain's minister for Justice, Mr Mariano Fernández Bermejo, via ministro at mju.es. I sent similar emails to the Vice President, María Teresa Fernández de la Vega via the contact form here (the email address I got from Amnesty bounced) and to Spain's ambassador to Australia, His Excellency Mr Carlos Sánchez de Boado y de la Válgoma, on emb.canberra at maec.es.

To:
Mariano Fernández Bermejo
Ministerio de Justicia
San Bernardo, 45
28015 Madrid, Spain

From:

Ole Koksvik
Welhavensv 4
3613 Kongsberg

Regarding the Extradition of Mr Murad Gasayev

Dear Sir,

My name is Ole Koksvik. I am a Norwegian citizen, a permanent resident of Australia, a PhD student at the Australian National University and a visiting researcher at the University of Oslo. Thank you for reading this letter and for considering my concerns.

It has come to my attention that mr Murad Gasayev, an ethnic Chechen and Russian national, is in immediate danger of extradition to the Russian Federation.

I urge you in the strongest possible terms not to extradite Mr Gasayev. He is at clear risk of an unfair trial, torture and other ill-treatment, the "diplomatic assurances" from the Russian Federation notwithstanding.

The Russian human rights organisation Memorial has found evidence that during the investigations by the investigation unit of the Directorate of the General Procuracy in the Southern Federal District, those suspected of involvement in the crime for which Mr Gasayev is wanted were tortured, and were denied a fair trial. Amnesty International has interviewed several people whose statements support these findings. The evidence is clear. Spain must not extradite Mr Gasayev.

I furthermore urge that you do not send Mr Gasayev to a third country, where he might also be at risk of extradition.

The forcible return of Gasayev to the Russian Federation would be a breach of Spain's obligations under the European Convention on Human Rights, the International Covenant on Civil and Political Rights and the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Sincerely yours

Ole Koksvik

Death threats to members of the Embera Indigenous Community, Columbia

This Urgent Action relates to members (former or current leaders) of the the Embera Indigenous community, of the Bajo Atrato Camizba Indigenous reservation, in the municipality of Riosucio, in Columbia. They have received a written death threat, stating that they will be killed on December the 24th this year.

Full information from Amnesty here.

Amnesty writes:

The leaders have talked publicly about previous attacks on the Bajo Atrato Camizba Indigenous reservation. These attacks have been perpetrated by all parties involved in Colombia's internal armed conflict, including the security forces, paramilitary groups and guerrilla forces. The leaders' work has also included the defence and promotion of the Indigenous community's land rights, as the area is rich in natural resources, including minerals and oil, and is therefore in demand for the implementation of large-scale economic projects by private and public companies.
(My emphasis.)

There have also been previous threats, on November the 18th female relatives of two of the male leaders listed below were in a house when four armed men broke in, looking for the indigenous leaders. They were threatened with kidnapping if they did not reveal the whereabouts of the leaders.

The below letter is to the president, Señor Álvaro Uribe Vélez. I also wrote to the minister for the interior and justice and the national ombudsman for indigenous and ethnic groups. Copies to the National Indigenous Organisation and the Columbian Ambassadors to Norway and to Australia. Further below I have copied in the email I sent to the Columbian Ambassador to Australia, His Excellency Mr Diego Betancur, at embassyofcolombia at bigpond.com.

Señor Presidente Álvaro Uribe Vélez
Presidente de la República,
Palacio de Nariño,
Carrera 8 No.7-2, Bogotá, Colombia


Ole Koksvik
Welhavensv 4
3613 Kongsberg
NORWAY 18.12.2008


Dear President Uribe,

My name is Ole Koksvik. I am a Norwegian citizen, a permanent resident of Australia, and a PhD student at the Australian National University.

It has come to my attention that Julio Mecheche Manyoma, Aquileito Mecheche Barahona, Milciades Chamorro Marmolejo, Herminio Lana Guaseruca, Diomedes Rubiano, Eleciana Chajito, Iris Nayibi Cabrera and Morelia Marmolejo, members of the Embera Indigenous community of the Bajo Atrato Camizba, have received a death threat stating that they will be killed on 24 December this year.

I am writing to urge you to take effective action to protect these people, along with all other members of the Embera Indigenous community in Riosucio, Chocó Department, in the manner deemed appropriate by those under threat themselves.

I furthermore urge you to immediately ensure that a full and impartial investigation into the threats is carried out, and that the results of that investigation are made public, and the perpetrators brought to justice.

Finally, I urge you to see to it that immediate action is taken to dismantle paramilitary groups, in line with the stated commitments of the government and recommendations made by the UN and other intergovernmental organizations.

I thank you for taking the time to read this letter, and for considering these concerns.

Sincerely yours

Ole Koksvik

---------------------------------

To:
His Excellency Mr Diego Betancur
Ambassador
Embassy of the Republic of Colombia
Level 2, 161 London Circuit
Canberra ACT 2601


From
Ole Koksvik
4/56 Bandjalong Crescent
Aranda ACT 2614


Regarding Members of the Embera Indigenous community of the Bajo Atrato Camizba Indigenous reservation.


Dear Sir,

My name is Ole Koksvik, I am a Norwegian citizen, and a permanent resident of Australia, as well as a PhD student at the Australian National University.

Please find attached a letter I have sent to the President, Señor Álvaro Uribe Vélez. I sent similar letters to the Minister of Interior and Justice Señor Carlos Holguín Sardi and to the National Ombudsman for Indigenous and Ethnic Groups, Señor Horacio Guerrero. The letters relate to death threats against members of the Embera Indigenous Community. I urge you to read these letters, and to communicate to your government the grave concern I feel for the wellbeing of these people at your earliest opportunity.

I thank you very much for your time and consideration.

Let me end by apologising for not writing to you in Spanish. In 1998 I would have been able to do so properly, alas today I was afraid of not being able to properly express myself.

Sincerely yours


Ole Koksvik

Imminent Risk of Execution: Majeed Ibrahim Hamo and Saeed Khalil

This Urgent Action is about Majeed Ibrahim Hamo and Saeed Khalil who are at risk of imminent execution. One of them told his family that he was innocent, but confessed because he was tortured: he was burned with cigarettes all over his body and broke a shoulder.

Full information from Amnesty HERE.


The below is an email I sent today to President Mas'ud Barzani of the Kurdish Regional Government. The address AI gave didn't work for me, so I used instead the contact form on the Kurdish Regional Government's website. Using that form I sent copies to Prime Minister Nechirvan Idris Barzani and Minister for Human Rights Dr Yousif M. Aziz.

The Minister for Justice Farooq Jamil Sadiq can apparently be reached via email dad at mojkurdistan.com, and the Minister for the Interior Osman Hajy Mohamood via interior_minister_sul at yahoo.com. I sent them copies, too.

Salutations throughout: Your Excellency

To
President Mas'ud Barzani
Kurdish Regional Government

From
Ole Koksvik

Your Excellency,

My name is Ole Koksvik, I am a Norwegaian citizen, and a permanent resident of Australia. I am a PhD student at the Australian National University.

I am writing to expressing my grave concern that Majeed Ibrahim Hamo and Saeed Khalil are at risk of imminent execution. I am convinced that the death penalty is an atrocity, something that subverts and undermines our very humanity.

Moreover, I am deeply concerned because these death sentences were imposed in judicial proceedings that appear to be in violation of international fair trial standards. I urging you to commute the death sentences of both men, and I ask that you ensure that an investigation
is conducted into the allegations of torture and ill-treatment.

I understand that it is your right and duty to try those accused of violent crimes, but defendants must be given fair trials. This cannot be compromised.

I thank you kindly for reading this letter and taking the time to consider my concerns.

Sincerely,

Ole Koksvik