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Important thread 
There is growing concern among advocates that the @IntlCrimCourt is undermining basic human rights norms in an important case involving torture & could set a very dangerous precedent.
There is growing concern among advocates that the @IntlCrimCourt is undermining basic human rights norms in an important case involving torture & could set a very dangerous precedent.
The @IntlCrimCourt says it is committed to prosecuting torture & other int’l crimes, so why are they using torture-derived evidence against defendants?
This is what is happening in the case of Al Hassan, a Malian national charged with various crimes.
This is what is happening in the case of Al Hassan, a Malian national charged with various crimes.
Recently, his defense counsel, @AlHassan_ICC asked the ICC to terminate proceedings in the case because Al Hassan was allegedly being tortured & held in arbitrary detention WHILE ICC prosecution was interrogating him in Mali: https://www.icc-cpi.int/CourtRecords/CR2020_04689.PDF
Al Hassan was then taken to Malian / DGSE custody.
@UNHumanRights had already issued several reports discussing torture & arbitrary detention by the Malian authorities, including security services: https://documents-dds-ny.un.org/doc/UNDOC/GEN/G13/152/28/PDF/G1315228.pdf?OpenElement
@UNHumanRights had already issued several reports discussing torture & arbitrary detention by the Malian authorities, including security services: https://documents-dds-ny.un.org/doc/UNDOC/GEN/G13/152/28/PDF/G1315228.pdf?OpenElement
Also @amnesty had already interviewed DGSE detainees who had reported torture including electric shocks: https://www.amnesty.org/download/Documents/12000/afr370062013en.pdf
After Al Hassan entered DGSE custody, he endured terrible forms of torture, just as the UN & Amnesty reports would suggest:
Independent medical experts including @sondracrosby16, @drjulietcohen, and Dr. Katherine Porterfield, found that Al Hassan had physical and psychological injuries consistent with his torture.
ICC Prosecution interviewed @AlHassan_ICC 19 times between July 2017 and March 2018, WHILE he was in DGSE custody. They used the statements he made to the DGSE under torture in July 2017 to get him to confess.
This is shocking. There's no other word for it.
This is shocking. There's no other word for it.
In December 2017, @AlHassan_ICC was beaten by DGSE in the detention facilities. He told ICC prosecution, who actually compared his conditions to “Guantanamo.” @GuantanamoAndy @closegitmo
What did the ICC prosecution team do? They told his court-appointed counsel (for the interrogations) that the abuse had “no impact” on their interrogations of Al Hassan, gave him ibuprofen & *kept interrogating him* (Para. 48)
In fact, a lot of detainees told the prosecution about torture and beatings at the same time as Al Hassan, and that they were being forced to sign statements.
ICC prosecution kept WORKING WITH THE TORTURERS (Paras 78-81)
ICC prosecution kept WORKING WITH THE TORTURERS (Paras 78-81)
When @AlHassan_ICC raised this before the court, the judges said that anti-torture interrogation guidelines & human rights standards had “limited relevance” to & were not binding on the ICC. (Para 65 of this decision)
Again, truly shocking.
https://www.icc-cpi.int/CourtRecords/CR2020_05897.PDF
Again, truly shocking.
https://www.icc-cpi.int/CourtRecords/CR2020_05897.PDF
The @IntlCrimCourt has an important mandate, but it cannot credibly prosecute torture or any other crimes by using torture. It’s that simple.
We CANNOT continue to ignore or sanction the degradation of black and brown bodies, especially after the crimes of the past 20 years.
We CANNOT continue to ignore or sanction the degradation of black and brown bodies, especially after the crimes of the past 20 years.
The ICC must clean up these cases & disallow the use of such tainted evidence.
Anti-torture groups and advocates also need to speak up now. @apt_geneva @freefromtorture @nilsmelzer @carrcenter @HRW @kenroth @humanrights1st @amnesty
Anti-torture groups and advocates also need to speak up now. @apt_geneva @freefromtorture @nilsmelzer @carrcenter @HRW @kenroth @humanrights1st @amnesty
