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Observing Guantánamo's military commission hearings
In the first part of a two-part series, he gives a sense of what it was like there and the importance of independent observers attending such proceedings.
Amnesty International has always been denied access to the detainees held at Guantánamo. Does the organization’s access for the purpose of trial observation offer it any glimpses of the detention facility?
The total area occupied by the United States at Guantánamo Bay is quite large, some 116 square kilometres, with a wide variety of functions. The camps where detainees are held are only a small part of the larger base. As NGO observers, we are not permitted to go anywhere near the detention facilities, or any significant military installations.
In short, coming to Guantánamo Bay to observe the military commissions, except to the extent that conditions of detention become an issue during the trial proceedings, does not add to what we already know about conditions from released detainees, lawyers representing detainees, and the authorities themselves.
How easy is it to communicate with the outside world as an observer there?
We pay a weekly fee for wireless internet access, which we are able to use from within the tents. There is also a tent with telephones that can be used with long distance calling cards that function just like the ones you would buy anywhere else. Civilian mobile phones do not, so far as I am aware, work on the network at the base, though some European phones apparently pick up a signal from Cuban networks on the other side of the fence separating the base from the rest of the island.
As we can’t take anything electronic into the area where hearings take place, and don’t leave that area during the day except for lunch, we generally only get a real opportunity to telephone or email in the evening.
Are you free to move around?
If we want to leave the area immediately around our tents, as NGO observers, we must always travel in a group and always be accompanied by one of the several "minders" assigned to us by the military here. They are members of the military, and one of the three minders must always be with us, 24 hours a day.
During the day, they generally must accompany us in uniform. Even with the minders, there are many places we cannot go. Understandably, there are additional security checks and restrictions when we enter the area where the hearings are actually held. And, as mentioned earlier, we are not allowed to go anywhere near the detention facilities.
Where do you stay?
We spend most of our time in an area called "Camp Justice" – an ironic name if ever there was one – which consists primarily of ordinary semi-permanent air-conditioned military tents, each with six beds, where we sleep and work (and where I am writing this now) as well as a fridge, microwave and so on; tents containing shower, toilet, and laundry facilities; and a media centre located in a hangar where we can observe (but not ask questions at) press conferences, and talk to the media nearby.
From here, we are not far from the buildings where the trials take place, but need to pass through lots of security and be escorted by our military minder to go there.
The other areas we are allowed to see do not look too different from a small town anywhere in the United States – after all the base as a whole is essentially a community for the people who work here – so there are familiar chain restaurants, pubs, recreational facilities, residential neighbourhoods, an outdoor cinema, parks, several small shops and at least one supermarket, and so on.
How do you get there?
The military offers space on some of its flights from Florida to journalists and NGOs. However, the frequency of those flights is limited. Several private companies also offer commercial flights to Guantánamo Bay. Everyone requires permission from the Department of Defense.
The commercial flights to Guantánamo Bay won’t permit anyone who doesn’t have the necessary documents to board the plane. They leave from Fort Lauderdale airport, just north of Miami, Florida. The flight I took was an older small plane, capable of carrying about 8 passengers.
These flights may include military and civilian personnel who work at the base, lawyers, and NGOs. The flight generally takes between three and four hours, partly due to the fact that the plane cannot enter Cuban airspace and so must take a longer route than would otherwise be necessary.
Can you describe a 'typical day' for us?
On a day where a court hearing will take place, we generally get up around 7am, shower and have a coffee and cereal bar in the tent, and are collected by our minder at around 8. We go through the security procedures to the building where the hearings are conducted, usually beginning at 8:30.
Hearings are scheduled to continue until 5pm, with several short breaks and a longer break for lunch, though they often sit later into the evening in order to finish with a witness (so that the length of time he or she is on the island can be minimized). Our minders have to sit with us in the hearings. Sometimes the hearings end early or may not happen at all.
After the hearing is finished, there is normally a press conference in the media centre, where the Chief Defence Counsel and Chief Prosecutor, or their designates, answer questions from the media. NGOs are not allowed to ask questions at the press briefings, though we are able to sit and observe.
Once the press briefing is finished, often around 7:30 or 8pm, we may speak with the print or television media outside the briefing room for anywhere from a few minutes to an hour.
After that, we normally return to the tents and change into more comfortable clothing, and then go to a restaurant for dinner. Again, our minder must accompany us. Finally, we return to our tents to write reports back to our offices and then finally get to bed sometime between 11:30 pm and 1 or 2 in the morning.
How many others are with you?
As I mentioned, the NGO observers generally must always travel as a group. During my time here, I have been with three observers from other organisations. There are also journalists who we see at the hearings and press conferences and from time to time run into elsewhere on the base – their numbers vary.
Sometimes there are only one or two in the room where the hearings take place (though more may be watching via CCTV from the media centre) and only a handful on the island at all – at other times larger crowds of journalists may stay for only a day or two around a significant event.
Why do they allow observers?
You would need to ask the US authorities for a definitive answer, but my understanding is that they believe that allowing observers demonstrates their confidence in the fairness of the procedures. Of course, we do not agree that the procedures are lawful or fair, but being there helps us to document further our concerns.
Are there any key absences? Do you know of any people denied access?
I don’t know if any person or organization who has sought to observe the trials has actually been denied access. Access for witnesses may be a different question, however. At the time of my writing, some problems were anticipated with regard to access to the hearings for certain witnesses the defence counsel wished to call.
For instance, in the trial I am observing, the accused is alleged to have entered into a conspiracy that included high-level al-Qa’ida officials, some of whom are currently being detained in highly restrictive conditions as so-called “high value detainees”.
Normally when these detainees appear in their own proceedings, the observers sit in a sound-proof box and a lengthy time delay is added to what they hear such that audio can be cut if the military judge or national security officer deems it necessary. At the time I left, it remained unclear whether these detainees would be allowed to testify as witnesses in the trial I was observing.
There have also been indications that some other witnesses the defence consider necessary for the defendant’s case, who live in other countries, might not be allowed access to the base, and again, at the time of writing, it is not known whether these people would give testimony by video link or otherwise.
Women in Mexico let down by failures in justice system

Thousands of Mexican women who face violence in their homes are being put at risk of further abuse by a justice system that often fails to take their safety seriously, according to a new Amnesty International report.
Mexico: Women's struggle for justice and safety: Violence in the family in Mexico says that one in four women in Mexico has suffered abuse at the hands of their partner.
Susana, a 24-year-old mother of two from Sonora state, faced 10 years of physical and psychological violence. Her husband imprisoned her in her home for long periods, and she suffered broken bones in her hand, a fractured nose and a dislocated collarbone.
Susana filed numerous complaints at the local public prosecutor’s office, but each time was told that it was not a crime and there was nothing they could do. When a case was finally opened and her husband charged, he was detained for just one day before being released on bail. Susana and her family remained in hiding until being referred to a women’s shelter.
Reporting abuse
Women face a range of obstacles when trying to report cases of domestic violence, including:
- the refusal of officials to accept complaints
- deficient investigations
- poor enforcement of protective measures
Law to stop violence against women
Mexico passed a law to counter violence against women 18 months ago, The General Law on Women’s Access to a Life Free From Violence. Since then, many states have approved similar legislation. These are positive first steps, but unless the law is properly funded and enforced, it will make little difference to the lives of the many women at risk.
Amnesty International has called on Mexico’s federal and state authorities to:
- Make a public commitment to implement the new laws guaranteeing women’s rights to safety and justice and to make sure that there is sufficient funding to put the laws into practice effectively.
- Ensure effective access to justice and timely protection measures for women who have suffered violence in the family.
Discrimination against Kurdish Iranians unchecked and on the rise
The organization fears that the repression of Kurdish Iranians, particularly human rights defenders, is intensifying, according to the report Iran: Human rights abuses against the Kurdish minority.
The report also says that women face a double challenge to their human rights, both as members of a marginalised ethnic minority and as women in a predominantly patriarchal society.
Around 12 million Kurds live in Iran making up 15 percent of the population. Expression of Kurdish culture, such as dress and music, is generally respected and the Kurdish language is used in some broadcasts and publications.
However the Kurdish minority continues to suffer deep-rooted discrimination. Kurds in Iran have their social, political and cultural rights repressed along with their economic aspirations.
Parents are banned from registering their babies with certain Kurdish names and religious minorities that are mainly or partially Kurdish are targeted by measures designed to stigmatize and isolate them.
Discriminated against in their access to employment and adequate housing, the economic neglect of Kurdish regions has resulted in an entrenched poverty which has further marginalized Kurds.
Kurdish human rights defenders, including community activists and journalists, face arbitrary arrest, ill-treatment and prosecution when they protest against the government’s failure to observe international human rights standards.
When they link their human rights work to their Kurdish identity they risk further violations of their rights. Some, including women’s rights activists, become prisoners of conscience. Others suffer torture, grossly unfair trials before Revolutionary Courts and the death penalty.
Ethnic Kurds Farzad Kamangar, Ali Heydariyan and Farhad Vakili were sentenced to death in February 2008 after conviction of “moharebeh” (enmity against God), following a grossly flawed process that fell far short of international standards for a fair trial.
This is a charge levelled against those accused of taking up arms against the state, apparently in connection with their alleged membership of the armed group, the Kurdistan Workers Party (PKK), which carries out attacks in Turkey. Ali Heydariyan and Farhad Vakili were also sentenced to 10 years’ imprisonment, apparently for forging documents. Under Iranian law, they must serve their prison sentences before being executed.
In May this year Mohammad Sadiq Kabudvand was sentenced to 11 years’ imprisonment by Branch 15 of the Revolutionary Court in Tehran. The sentence apparently comprises 10 years’ imprisonment for “acting against state security by establishing the Human Rights Organization of Kurdistan (HROK)” and one year’s imprisonment for “propaganda against the system”.
The verdict followed a closed trial session. Amnesty International considers Mohammad Sadiq Kabudvand to be a prisoner of conscience, held solely on account of the peaceful exercise of his rights to freedom of expression and association during his work as chair of the HROK and his activities as a journalist. Such rights are expressly recognized in the International Covenant on Civil and Political Rights (ICCPR), to which Iran is a state party.
“Iran’s constitution provides for equality of all Iranians before the law. But, as our report shows, this is not the reality for Kurds in Iran,” said Malcolm Smart, director of the Middle East and North Africa programme of Amnesty International.
“The Iranian government has not taken sufficient steps to eliminate discrimination, or to end the cycle of violence against women and punish those responsible.”
Although women and girls form the backbone of economic activity in the Kurdish areas, strict social codes are used to deny their human rights.
Such codes make it difficult for government officials to investigate inequalities in girls’ education, early and forced marriages, and domestic violence against Kurdish girls and women - and the severe consequences of some of these abuses, including “honour killings” and suicide.
“Kurdish women are victims of violence on a daily basis and face discrimination from state officials, groups or individuals, including family members.” Malcolm Smart said.
IOC caves in to China's demands on internet censorship
In a statement Kevin Gosper, International Olympic Committee (IOC) press commission chair, said: “I regret that it now appears BOCOG has announced that there will be limitations on website access during Games time (…). I also now understand that some IOC officials negotiated with the Chinese that some sensitive sites would be blocked on the basis they were not considered Games related.”
In reaction to the IOC statement, Mark Allison, East Asia researcher for Amnesty International said: "The International Olympic Committee and the Organizing Committee of the Beijing Olympic Games should fulfil their commitment to ‘full media freedom" and provide immediate uncensored internet access at Olympic media venues. Censorship of the internet at the Games is compromising fundamental human rights and betraying the Olympic values.
Foreign journalists working from the Olympics press centre in Beijing are unable to access the Amnesty International website. A number of other websites are also reported to have been blocked.
The IOC has on many occasions highlighted the loosening of restrictions on foreign media in China as an example of the promised improvement in human rights by the Chinese authorities through the hosting of the Olympics. On 1 April, Kevin Gosper said that the continued blocking of some websites would "reflect very poorly" on the hosts. On 17 July Jacques Rogge, IOC President, said "there will be no censorship of the internet."
"This blatant media censorship adds one more broken promise that undermines the claim that the Games would help improve human rights in China," said Mark Allison.
On Monday 29 July, Amnesty International published the report "Olympic Countdown: Broken Promises" which evaluates the performance of the Chinese authorities in four areas related to the core values of the Olympics: persecution of human rights activists, detention without trial, censorship and the death penalty. They all relate to the 'core values' of 'human dignity' and 'respect for universal fundamental ethical principles' in the Olympic Charter. The new report showed there has been little progress towards fulfilling the Chinese authorities' promise to improve human rights, but rather continued deterioration in key areas.
Have your say on censorship and other human rights issues in China on Amnesty International's The China Debate website.
Iran flies in face of global execution trend
Announcing the executions, the Iranian authorities said those hanged had committed serious crimes such as drug smuggling and murder. However, they named only ten of the men executed and gave no other details about any trials in which the 29 were convicted. In other cases, prisoners have been sentenced to death and executed after unfair trials.
Several of the 29 condemned prisoners were interviewed prior to their execution by the state broadcaster, IRIB, which then broadcast extracts on national TV.
The Iranian authorities continue to fly in the face of the global trend when it comes to executions, despite the UN General Assembly resolution of 18 December 2007 which calls on States “to establish a moratorium on executions with a view to abolishing the death penalty.” The resolution, which was passed by a large majority of UN member states, also called on governments to inform the UN Secretary General about their observance of international “safeguards guaranteeing the protection of the rights of those facing the death penalty.”
Amnesty International unconditionally opposes the use of the death penalty in all cases and under any circumstances, since it violates the right to life and by its very nature constitutes cruel, inhuman and degrading punishment.
Chinese authorities’ broken promises threaten Olympic legacy

The Chinese authorities have broken their promise to improve the country’s human rights situation and betrayed the core values of the Olympics, according to a new Amnesty International report.
Published to mark the 10-day countdown to the Games, the report evaluates the performance of the Chinese authorities in four areas related to the core Olympic values of ’universal fundamental ethical principles’ and ‘human dignity’: these include persecution of human rights activists, detention without trial, censorship and the death penalty.
The Olympics Countdown: Broken Promises concludes that in most of these areas human rights have continued to deteriorate since the previous Amnesty International report The Olympics Countdown: Crackdown on Activists Threatens Olympic Legacy, which was published in April this year.
In the run-up to the Olympics, the Chinese authorities have locked up, put under house arrest and forcibly removed individuals they believe may threaten the image of “stability” and “harmony” they want to present to the world.
“By continuing to persecute and punish those who speak out for human rights, the Chinese authorities have lost sight of the promises they made when they were granted the Games seven years ago,” said Roseann Rife, Asia-Pacific Deputy Director at Amnesty International.
“The Chinese authorities are tarnishing the legacy of the Games. They must release all imprisoned peaceful activists, allow foreign and national journalists to report freely and make further progress towards the elimination of the death penalty.”
Reports have just confirmed that foreign journalists working from the Olympics press centre in Beijing are unable to access amnesty.org, the Amnesty International website. In addition, The China Debate, a site recently launched by Amnesty International as a forum to discuss human rights has been blocked in China.
A number of other websites are also reported to have been blocked, including Taiwan newspaper Liberty Times and the Chinese versions of both Germany's Deutsche Welle and the BBC.
This flies in the face of official promises to ensure “complete media freedom” for the Games. Internet control and censorship is increasing as the Olympics approach. Many other sites, including several reporting on HIV/AIDS issues in Beijing, have been targeted.
Despite new media regulations that were supposed to allow for freer reporting for foreign journalists, they continue to be prevented from covering “sensitive issues”, including talking to those who suffer human rights violations. The Foreign Correspondents Club of China (FCCC) documented approximately 180 incidents of reporting disruptions in 2007. This has now increased to 260.
Amnesty International also believes that local activists and journalists working on human rights issues in China are at particular risk of abuse during the Games. Chinese journalists operate in a climate of censorship, unable to report on issues deemed sensitive by the authorities, and many still languish in jail for reporting on such issues.
Housing rights activist Ye Guozhu continues to serve his four-year sentence for “picking quarrels and stirring up trouble” because of his opposition to the seizure and demolition of property to make way for new construction projects for next month’s Olympic Games.
Ye Guozhu’s prison sentence was due to expire on 26 July. Instead the Chinese authorities say, he will remain imprisoned until at least 1 October, after the end of the 2008 Olympic Games.
China is still the world’s top executioner. The Supreme People’s Court (SPC) initiated a review of the death penalty that is believed to have resulted in a significant drop in executions. A senior official said that in the first half of 2008 15 per cent of death sentences were rejected by the SPC.
However, the authorities continue to refuse to disclose the full number of those sentenced to death and executed -- the total figure remains a state secret. Estimates put the number of those executed every year in the thousands. Around 68 offences – including non-violent crimes such as drug-related offences – are punishable by death in China.
The International Olympic Committee (IOC) President, Jacques Rogge, recently claimed the IOC’s ‘quiet diplomacy’ had led to several human rights reforms, including the new regulations for foreign media.
“We welcome the IOC’s recognition of its role on human rights, but given the current reality, we are surprised at their confidence that foreign media will be able to report freely and that there will be no internet censorship,” said Roseann Rife. “And they must speak out when the authorities violate the wider Olympic principles.”
“Additionally, world leaders who attend the Games need to raise their voice publicly for human rights in China and in support of individual Chinese human rights activists. A failure to do so will send the message that it is acceptable for a government to host the Olympic Games in an atmosphere of repression and persecution.
Have your say on human rights issues in China on Amnesty International's The China Debate website.
Amnesty International website blocked at Olympic venue
Foreign journalists working from the Olympics press centre in Beijing are unable to access amnesty.org - the Amnesty International website. A number of other websites are also reported to have been blocked.
As Amnesty International prepares to launch a new report evaluating the Chinese authorities’ human rights performance in the run-up to the Olympics, this flies in the face of official promises to ensure “complete media freedom” for the Games.
The International Olympic Committee (IOC) has on many occasions highlighted the loosening of restrictions on foreign media in China as an example of an improvement in human rights brought about by the hosting of the Olympics. On 17 July Jaques Rogge, IOC President, went as far as to claim that ‘there will be no censorship on the internet.’
The Olympics Countdown: Broken Promises is to be published online today at 21:00 GMT, Tuesday 29 July at 05:00am Hong Kong time.
The follow-up to China: The Olympics Countdown: Crackdown on Activists Threatens Olympic Legacy which was released in April this year, the new report shows that there has still been little progress towards fulfilling the Chinese authorities’ promise to improve human rights, but rather continued deterioration in key areas.
Blocking Amnesty International’s website, along with a number of others, is a clear example of the Chinese authorities' broken promises.
On Tuesday 1 April 2008, Kevin Gosper, Vice Chair of the IOC co-ordinating commission, was at a meeting in Beijing where he urged the Chinese government to honour the commitment in the host city contract to allow free internet access to the media attending the Games.
Gosper said that the continued blocking of some websites would "reflect very poorly" on the hosts. "This morning we insisted again," Gosper added. "Our concern is that the press is able to operate as it has at previous Games - at Games time. I'm satisfied that the Chinese understand the need for this and they will do it.
Have your say on censorship and other human rights issues in China on Amnesty International's The China Debate website.
Climate of fear in Zimbabwe persists despite deal
“There can be no lasting political solution to the crisis in Zimbabwe without addressing past human rights violations. While human rights violations must end immediately, investigations must be carried out and alleged perpetrators brought to justice,” said Amnesty International.
Amnesty International continues to receive reports of ongoing political violence and harassment, particularly in rural areas. Even since the signing of Monday’s ‘memorandum of understanding’ by the ruling party and opposition, victims of political violence have had to seek medical treatment for injuries sustained in attacks.
On 22 July, an MDC official from a rural constituency south of Harare who had been in hiding was allegedly attacked while he walked to work with a youth in the early hours of the morning. They were both abducted by suspected supporters of the ruling party and thoroughly beaten on the buttocks, arms, legs and feet. According to reports, their abductors said they had been looking for the MDC official, and that nowhere was safe. Both the MDC official and the youth had to seek medical treatment as a result of injuries sustained.
Though some bases from which ‘war veterans’ and other ZANU-PF supporters launched attacks against opposition supporters have been dismantled, some in rural areas including in Mashonaland West, Central and East provinces, still remain.
“The attacks that have killed as many as 150, injured thousands and displaced tens of thousands over the last several months -- and which continue to take place – must not be swept under the carpet in the interest of finding a short-term political solution,” said Amnesty International. “This would store up problems for further down the road.”
While attempts are being made by all Zimbabwean political parties -- and the Southern African Development Community, African Union and United Nations -- to address the political and economic crisis, Amnesty International said that important questions of justice and impunity were not explicitly tackled in the ‘memorandum of understanding’ signed on Monday.
“Any future deal between the parties should not include amnesties, pardons or any other measures that would prevent the emergence of the truth, a final judicial determination of guilt or non-guilt, and full reparations to victims and their families.”
In signing the memorandum, the ruling party and opposition committed themselves to condemning the promotion and use of violence and to taking all measures necessary to ensure that the structures and institutions it controls are not engaged in acts of violence.
Despite the latest political developments, Amnesty International remains concerned that Zimbabwe is still blanketed in a climate of fear. The government must put an immediate end to all acts of intimidation, arbitrary arrest and torture perpetrated state and non-state actors against human rights defenders and political activists, particularly in rural areas. All bases from which torture and ill-treatment is being carried out must be closed immediately and alleged perpetrators of human rights violations must be brought to justice.
Romani children segregated in Slovakia’s schools
A tale of two schools: Segregating Roma into special education in Slovakia documents the violations of the human right to education of Romani children in Slovakia, through the study of the situation in Pavlovce nad Uhom, a town in the east of the country.
As the report shows, the special school in Pavlovce nad Uhom with its near 100 per cent Roma composition has effectively become a segregated, Roma-only school, with a number of Romani children being placed there erroneously.
The report is a follow-up to Amnesty International’s November 2007 report, Still separate, still unequal: Violations of the right to education for Romani children in Slovakia.
Independent studies suggest that as many as 80 per cent of children placed in special schools in Slovakia are Roma. These schools are for children with mental disabilities. Romani children therefore receive a substandard education and have very limited opportunities for employment and further education.
Pavlovce nad Uhom is 10km from the border with Ukraine. According to the municipal authorities, 2,600 of the town’s 4,500 inhabitants are Roma.
There are two primary schools in Pavlovce nad Uhom: a mainstream elementary school with a nursery school attached, and a special elementary school for children with “mental disabilities”.
In March 2008, nearly two thirds of the Romani children attending school in the town were placed at the special school. Of the approximately 200 pupils at the special school, 99.5 percent are Roma.
Following inspections instigated by the mayor of Pavlovce nad Uhom in 2007, it was officially acknowledged that 17 of these pupils did not belong in the special school. Amnesty International has said that it believes the real number is far higher.
Officially, children can only be placed in special schools after the formal diagnosis of a mental disability and only with the full consent of the parents.
However, Amnesty International found that many children had not been assessed at all and that the assessment itself was deeply flawed. At the same time parental consent was often neither free nor informed.
Special schools – officially designed for children with mental disabilities – follow a greatly simplified curriculum. This severely reduces the prospects and opportunities of children whose rightful place is in mainstream education.
The de facto segregation of Romani children in inferior schools compounds their marginalization and reinforces racial prejudices.
Slovakia adopted a new Schools Act in May 2008 that expressly prohibits discrimination and segregation in education. Despite this the government has so far failed to acknowledge the real extent of the problem and consequently to take comprehensive measures to reverse the situation.
The human rights violations in Pavlovce nad Uhom are not just the result of individual human error, but of a broader failure to eliminate discrimination in both the design and the implementation of the Slovak education system.
In the report, Amnesty International calls on all the relevant authorities to take the necessary measures to respect, protect and fulfil the right to education free from discrimination for Romani children and to end racial segregation in education in Slovakia.
In Pavlovce nad Uhom, the organization urges the authorities,to ensure that all measures are taken to identify and provide an effective remedy for all children who have been inappropriately placed in the special school.
Slovakia urged to end segregation of Romani children in the special school of Pavlovce nad Uhom

In Slovakia, huge numbers of Romani children are inappropriately placed in "special schools" for children with mental disabilities, where they receive a substandard education, and have very limited opportunities for employment and further education. Independent studies suggest that as many as 80 per cent of children placed in special schools in Slovakia are Roma.Once children are assigned to special schools, the door leading back to mainstream education for children of average or above-average ability remains shut.
Pavlovce nad Uhom is a town in eastern Slovakia, 10km from the borders with Ukraine. More than 50 per cent of its 4,500 inhabitants are Roma. There are two elementary schools in the town: a mainstream school and a special school for children with mental disabilities.
Nearly two thirds of Romani children attending primary school in Pavlovce nad Uhom are de facto segregated in the special school. 99.5 per cent of the approximately 200 pupils of the special school are Roma.
Officially, children can only be placed in special schools after the formal diagnosis of a mental disability and only with the full consent of their parents. However, many children in Pavlovce nad Uhom had not been assessed at all and the assessment process itself was deeply flawed. At the same time parental consent was often neither free nor informed.
Following inspections instigated by the Mayor of the locality in 2007, it was officially acknowledged that 17 of these pupils did not belong in the special school and had been placed there erroneously. Amnesty International believes the real number is far higher and that more Romani children - whose rightful place is in the mainstream school - continue to be denied their right to education in Pavlovce nad Uhom.
The serious human rights violations in Pavlovce nad Uhom are not just the result of individual human errors, but of a broader failure to eliminate discrimination in both the design and the implementation of the Slovak education system.
Amnesty International calls on the Slovak authorities to recognise these failings and introduce the necessary structural reforms. In particular Amnesty International calls on the Director of the Regional School Authority of the Košice region – founder of and directly responsible for the special school in Pavlovce nad Uhom – to:
- Ensure that all placement decisions are reviewed and all children currently attending Pavlovce nad Uhom special school re-assessed in order to identify pupils who may have been placed there erroneously, and ensure their swift reintegration in the mainstream school as appropriate; in those cases the Regional School Authority should also provide an effective remedy, including reparations to the children affected;
- Take appropriate measures against state employees who are found to have acted in breach of Slovak law and at the expense of the education of Romani children in Pavlovce nad Uhom;
- Ensure that the enrolment of pupils is under no circumstances approved by the special school
unless they have been clearly, objectively and unambiguously diagnosed with mental disabilities; such diagnosis must precede the placement of the child; parental request or consent should not be the decisive factor for such a placement.
Tue Aug 5, 12:20 PM EDT from 
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