AMNESTY INTERNATIONAL REPORT 2016/17

punishment of death by stoning for both
Muslims and religious minorities for crimes
including “adultery”, “sodomy”, rape,
blasphemy and murder.
TORTURE AND OTHER ILL-TREATMENT
The staged implementation of the amended
Penal Code, which began in 2014, provides
for whipping or amputation for crimes such
as robbery and theft. Caning was regularly
used as a punishment for offences including
those related to immigration.
FREEDOM OF EXPRESSION
A lack of free and independent media
continued. In November, The Brunei Times
was shut down after it published a politically
sensitive article. The act of “printing,
disseminating, importing, broadcasting, and
distributing publications contrary to Sharia
law” constituted a crime for both Muslims
and non-Muslims.
FREEDOM OF RELIGION
Muslims as well as religious minorities
continued to face restrictions on their right to
freedom of thought, conscience and religion.
Crimes including blasphemy, insulting the
Hadith and any verses of the Qur’an,
declaring oneself a prophet or an apostate
(for Muslims) were punishable by death
under the law.
RIGHTS OF LESBIAN, GAY, BISEXUAL,
TRANSGENDER AND INTERSEX PEOPLE
Consensual same-sex sexual activity was a
criminal offence with “intercourse against the
order of nature” punishable by up to 10
years’ imprisonment. The amended Penal
Code would make punishment of stoning to
death for “sodomy” mandatory. Article 198
cites “Man posing as woman or vice versa”
as a crime. In August, a man was arrested for
“cross-dressing and improper conduct”.
Punishment on conviction included a fine of
BN$1,000 (approx. US$730) or three
months’ imprisonment, or both.
COUNTER-TERROR AND SECURITY
Individuals continued to be arrested under
the Internal Security Act which allows
authorities to detain suspects without trial for
indefinitely renewable two-year periods.
BULGARIA
Republic of Bulgaria
Head of State: Rosen Plevneliev
Head of Government: Boyko Borisov
Bulgaria failed to provide all required
services and access to proper procedures
for the rising number of migrants and
refugees arriving in the country and failed
to address the allegations of summary
pushbacks and abuse at the border. A
climate of xenophobia and intolerance
sharply intensified. Roma continued to be
at risk of pervasive discrimination. The
parliament adopted in first reading a new
counter-terrorism law.
REFUGEES’ AND MIGRANTS’ RIGHTS
In response to Serbia and Hungary
increasing their border control measures, the
Bulgarian authorities adopted an approach
aimed at limiting the number of migrants and
refugees entering the country as an
alternative route into the EU. Human rights
organizations documented frequent
allegations of pushbacks, physical abuse and
theft by border police. While not openly
condoning pushbacks, Prime Minister
Borisov conceded that the government had
adopted what he termed a “pragmatic
approach” to the refugee crisis. He said that
over 25,000 people were returned to Turkey
and Greece in the period up to August.
There was continued impunity for reported
abuses at the border. In July, Burgas District
Prosecutor’s Office closed criminal
proceedings in connection to the October
2015 death of an unarmed Afghan man who
was shot by border police.
The majority of migrants and refugees
continued to be routinely subject to
96 Amnesty International Report 2016/17