Morocco to Revise Rape-Marriage Law after Shocking Suicide

Morocco to Revise Rape-Marriage Law after Shocking Suicide

By Zach Waksman
Impunity Watch Reporter, Africa

RABAT, Morocco – After sixteen-year-old Amina al-Filali killed herself on March 10, following a six-month forced marriage to the man who raped her, Morocco announced plans to revise its laws regarding the relationship between rape and marriage last Thursday.  Protesters and feminists have long called for a controversial statute to be repealed, and the government has pledged to change its handling of rape.

Protesters call for a change to Moroccan law after Article 475, which permits a rapist to avoid imprisonment by marrying his victim, contributed to the death of sixteen-year-old Amina al-Filali. (Photo courtesy of The Week (UK))

Rape victims in Morocco are often subject to deep shame upon both themselves and their families, especially in rural areas such as where her hometown of Larache is located.  Though the West African country’s laws provide for a prison sentence of 10 to 20 years for a person who rapes a minor, the rapist has a loophole that enables him to avoid incarceration.  Under Article 475, an adult who has “corrupted a minor” may evade the charges by marrying the victim.  A similar concept exists in the Christian Bible.  This provision has often been used by families of rape victims to protect their honor.  These “special circumstances” create an exemption to the requirement that both parties to a marriage be at least 18 years old.

“Another, more terrible failure is that the family agreed to the “amicable solution” offered by their friends.  Rape is a crime in Morocco, but it is also a taboo.  The woman who has been raped is often seen as having been shamed—her marriage prospects change radically, and her morals are called into question,” wrote Laila Lalami in a piece for The Daily Beast.  “In other words, the victim is blamed and the perpetrator is forgotten. ‘If we married her off,’ Amina’s sister Hamida told a Spanish network, ‘it was to protect her, so that people would not speak ill of her.’  The Filali family apparently preferred to sacrifice their daughter’s physical and emotional well-being rather than live with the reminder that she had been raped.”

In Amina’s case, the family filed charges against the rapist last year.  Her father, Lahsan al-Filali, said that the prosecutor advised him of the option to have her marry him.  The judge ordered it.  He told Morocco’s 2M Television that he had no choice but to allow the marriage.

“When the judge said they will marry, I did not agree, but I could not challenge the law.  I wanted that man [the rapist] to go to prison,” he said.  “At first I did not agree to this marriage, but when the court of family affairs called me and pressured me, I agreed.”

After the marriage, the husband’s treatment of Amina did not improve.  She was beaten and deprived of food.  When she told her family about the life she was living, she was reportedly disowned.  By March, she could no longer take the punishment, so she swallowed rat poison to end her life.  As Amina died, her enraged husband dragged her down the street by her hair.  The Ministry of Justice’s preliminary investigation concluded that the relationship was consensual, meaning that it was not rape.

The stunning suicide prompted immediate calls for reform.  A Facebook page called “We are all Amina Filali” has been created, and other protesters seek the incarceration of both the rapist and the judge who ordered the marriage.

“Amina was triply violated, by her rapist, by tradition and by Article 475 of the Moroccan law,” tweeted activist Abadila Maaelaynine.

Morocco is one of the more liberal Arab states with regard to women’s rights.  In 2004, the country all but eliminated polygamy, abolished a duty of obedience to the husband, and permitted women to keep assets after a divorce.  These reforms were hailed by the West as a step forward for women’s rights.  But there is still more work to be done.  Since 2006, the country has planned to adopt legislation banning all forms of violence against women, but it has yet to be seen.  This incident might be the catalyst that drives the issue forward.

“It is unfortunately a recurring phenomenon,” Fouzia Assouli, the president of the Democratic League for Women’s Rights, told the Associated Press. “We have been asking for years for the cancellation of Article 475 of the penal code, which allows the rapist to escape justice.”

Moroccan communications minister Mustapha el-Khalfi confirmed the need for further reform.

“We can’t ignore what happened, one of the things we are looking for is to toughen the sentence for rape,” he told Al Jazeera.  “We are also looking to creating a debate on the cultural and social aspects to create a comprehensive reform.”

Whatever the ultimate appearance of that reform may be, it is unlikely to constitute the end of the issue in Morocco.  Last year, a government study found that about 25% of Moroccan women have been subjected to sexual assault at least once in their lives.

“Legal reforms are not enough so long as Moroccan society views the victim of a rape as something that needs to be solved,” wrote Lalami.  “Rape is not puzzle. Rape is a crime. Amina Filali’s death is a stain on our collective conscience.”

For more information, please see:

Morocco Board — Morocco: Outrage Grows over Minor Rape & Suicide — 19 March 2012

The Week (UK) — Ordeal of Rape Victim Amina Filali Shocks Morocco — 19 March 2012

Morocco Board — Morocco: Antiquated Law Led to Suicide of Minor — 18 March 2012

Al Jazeera — Morocco Mulls Tougher Line on Rape-Marriages — 17 March 2012

BBC — Morocco Protest against Rape-Marriage Law — 17 March 2012

Montreal Gazette — Morocco to Revise Law after Rape Victim’s Suicide — 16 March 2012

Citizens of Damascus Feel The Burn of Syria’s Violence From The Ongoing Uprising

By Adom M. Cooper
Impunity Watch Reporter, Middle East

DAMASCUS, Syria–As the never-ending turmoil continues in Syria, heavy fighting has erupted between opposition fighters and security forces loyal to President Bashar al-Assad in a main district of Damascus. Witnesses report that this particular area is home to several key security installations. The intense fighting is taking place as al-Assad’s regime retains the contention that it has complete control of Damascus.

Members of the Free Syria Army in the streets of Damascus.(Photo Courtesy of Reuters)

Syrian state television stated three “terrorists” and a member of Syria’s security forces were killed in the fighting. Since the beginning of the uprising, the Syrian state television has continually held that these “terrorists” are to blame for the violence around the country and has not repeatedly acknowledged the many deaths endured by innocent civilians.

Rami Abdel-Rahman, head of the Syrian Observatory for Human Rights, stated that at least 18 security troops were wounded in the fighting that broke out before dawn in the upscale and heavily guarded Mazzah neighborhood of Damascus. According to the Observatory, more than 9,100 people have lost their lives since the uprising began against the regime last March. Abdel-Rahman shared these words with the AFP.

“The clashes were the strongest and closes to security installations in the capital since the outbreak of the revolt a year ago.”

A member of the Revolutionary Leadership council in Damascus, referring to herself as Lena and not wishing to be identified further, shared these words with Al-Jazeera about the fighting in Damascus.

“Some people came to al-Mezzah and they are trying to attack residents. They are calling them names and taking them out of their houses, people have left their homes. They are in the streets. The security forces are all around the place. Security police have blocked several side streets and the street lighting has been cut off.”

Mourtadad Rasheed, an activist living in Damascus, shared these words with Ahram about his encounter of the violence, detailing that heavy shooting could be heard in Mazzaeh as well as two other districts, Qaboon and Arbeen.

“We woke up at 3AM to the sound of heavy machinegun fire and rocket propelled grenades (RPG). The fighting last about 10 minute, then eased before starting again.”

Al-Jazeera’s own Rula Amin reported from neighboring Lebanon that many residents believe that opposition is pressing into areas around Damascus that could make al-Assad much more vulnerable than he already is.

“Residents are telling us that there was intense gunfire for hours. They could hear from loudspeakers the army and the security forces asking armed men to leave one of the buildings. Al-Mazzeh is not geographically located in the heart of the capital but it’s a very important neighborhood. It is heavily guarded. There are a lot of high-ranking officials living in Al-Mazzeh, in addition to the UN headquarters, embassies, and ambassadors. This is taking place as the government claims they have control over the capital.”

The most recent clashes in Syria came after twin car bombs ripped through two neighborhoods of Damascus on Saturday 17 March 2012, which according to the Syrian interior ministry, claimed 27 lives. Another car bomb was detonated on Sunday 18 March 2012 in a residential neighborhood of Aleppo, claiming two lives.

The international community continues to struggle with the appropriate and consensus response to the situation. Former UN chief Kofi Annan, who met with al-Assad in Damascus earlier this month, ordered a team of experts to Syria to discuss a possible ceasefire and an international monitoring mission. The Arab League previously deployed a monitoring mission into Syria but it was short-lived as organizational issues and turmoil on the ground prevented its success.

Technical experts from the UN and Organization of Islamic Cooperation were in Syria on Monday 19 March 2012 to assess the humanitarian impact of the regime’s deadly crackdown on the protests. The mission, with three OIC experts in the team, will cover 15 cities and will submit a report to the Saudi-based Islamic grouping and UN on the humanitarian needs of the Syrian people. OIC assistant secretary general Atta Al-Mannan Bakhit shared these words with the AFP about the mission.

“The joint OIC-UN mission entered Syria on Friday to carry out an evaluation of humanitarian aid.”

Jacob Kellenberger, president of the International Committee of the Red Cross, flew to Moscow for talks on Monday 19 March 2012 with Russian Foreign Minister Sergei Lavror on the “extremely difficult” humanitarian situation in Syria’s protests hubs.

“A daily ceasefire of at least two hours is imperative to allow the evacuation of the wounded.”

While the wounded wait for the proper attention, it would seem foolish for the international community to not pursue harsh action against al-Assad directly. The security forces are clearly following his direction and it is costing many civilians their lives. When the Arab League had its monitoring mission, it was very against the idea of foreign intervention into Syria. But at this juncture, foreign intervention seems like the only possible course of actions to serve the interests of the civilians, especially the wounded. Without intervention, more suffering is imminent.

 

For more information, please see: 

Ahram – Damascus Rocked By Fighting After Weekend Bombings – 19 March 2012

Al-Jazeera – ‘Heavy Fighting’ Shakes Syrian Capital – 19 March 2012

BBC – Syria Unrest: Fierce Firefight Erupts In Damascus – 19 March 2012

The Guardian – Syria: ‘Heavy Fighting’ In Damascus – 19 March 2012

NYT – Fighting Flares In Elite Area of Syrian Capital, Activists Say – 19 March 2012

Reuters – Syrian Captial Sees Heavist Fighting of Uprising – 19 March 2012

 

Convicted Nazi War Criminal Dies at Age of 91

By Alexandra Halsey-Storch
Impunity Watch Reporter, Europe

MUNICH, Germany–Convicted Nazi war criminal, John Demjanjuk, died on Saturday in a German nursing home. He was 91 years old and suffered from terminal bone marrow disease and other illnesses.

John Demjanjuk after being sentenced to five years imprisonment in May 2011 (Photo Curtesy of MSNBC World News)

In 1977, Demjanjuk was extradited to Israel from the United States, where he had been employed in Ohio as a mechanic with Ford Motor Corporation. In Israel, he was accused of and put on trial for being “Ivan the Terrible,” an “infamous Ukrainian guard” at Treblinka Extermination Camp. According to the Telegraph, “even in Treblinka, where beatings, gassing and torture were part of the daily routine, ‘Ivan the Terrible’ stood out for his perverse sadism’” and was allegedly responsible for putting 800,000 prisoners to their death.

After a lengthy trial, Demjanjuk was found guilty of war crimes and crimes against humanity; he was thereafter sentenced to death in April 1988. However, the sentence was overturned five years later on appeal. The court determined that “new evidence threw sufficient doubt on whether Demjanjuk was, in fact, Ivan the Terrible.” In 1993, Israel ordered Demjanjuk back to the United States.

The United States reinstated Demjanjuk’s citizenship in 1998, but it was again revoked in 2002 after “mounting evidence,” suggested that Demjanjuk had served as a guard in Sobibor death camp where more than 27,000 people died during World War II. This evidence, the U.S. government claimed, had been omitted from Demjanjuk’s immigration papers and concealed from United States officials when Demjanjuk immigrated to the country in 1952. Thus, in 2009, he was again extradited, this time to Germany, where he faced yet another war crimes trial.

In May 2011, after eighteen months of trial, the Munich court convicted Demjanjuk on 28,060 counts of being an accessory to murder between March and September of 1943—one count for each person who died during his time at the camp.

The court said that although there is no doubt that Demjanjuk had been a prisoner of war, there was also “clear evidence” that Demjanjuk had volunteered to serve with the notorious German army and participated in the “Nazi killing machine that slaughtered 6 million Jews and undesirables.”

Interestingly, there was, according to the Huffington Post, no evidence that Demjanjuk had committed any specific crime. Instead, the prosecution based its case theory on the idea that “if Demjanjuk was at the camp, he was a participant in the killing.” According to the Huffington Post, it was the first time that such a legal argument had been made in Germany. Furthermore, according to Thomas Walther, a lead investigator who prompted Demjanjuk’s prosecution, this verdict could open the door to the prosecution of other “low-ranking Nazi helpers.”

A key piece of evidence to the prosecution’s case was an SS identity card, which “allegedly shows a picture of a young Demjanjuk and indicates he trained at the SS Trawniki camp and was posted to Sobibor.” Court experts claimed the card is genuine while the defense insisted that it was “a fake produced by the Soviet KGB.”

Though sentenced to five years imprisonment, the presiding judge had ordered that Demjanjuk be freed during the appeal process, noting that he was not “a flight risk because of his advanced age, poor health and the fact that [he was] deported from the U.S. two years ago, [and] is stateless.” Demjanjuk was not, however, to leave Germany.

Ukrainian-born Demjanjuk always denied his presence at any death camp and participation in the Nazi’s atrocities. Instead, he claimed that after having been drafted into the Soviet Red Army, he fell into the hands of German combatants in May 1942 and was thereafter “recruited to work as a guard in exchange for escaping the camps himself.”

After is May 2011 conviction, Demjanjuk told the German judges presiding over his trial, “I am again and again an innocent victim of the Germans. Germany is responsible for the fact that I have lost for good my whole reason to live, my family, my happiness, any future and hope.”

Demjanjuk’s son, John Jr., has accused German prosecutors of ignoring the facts. “My dad,” he said in an email to the Associated Press at the time of the 2011 verdict, “is a survivor of the genocide famine in Ukraine, of the war fighting the Nazis, of the Nazi POW camps…and now of Germany’s attempt to finish the job left unfinished by Hitler’s real henchmen.”

Demjanjuk is survived by his wife Vera, his son John Jr., and two daughters Irene and Lydia.

For mor information, please visit:

MSNBC World News–Nazi War Criminal John Demjanjuk Dies at 91–17 March 2012

The Telegraph–John Demjanjuk–17 March 2012

Iraqi “Emos” Face Threats, Anti-Gay Violence

By Tyler Yates
Impunity Watch Reporter, Middle East

BAGHDAD, Iraq — A recent string of violent attacks in Iraq have targeted so-called unconventional youths who call themselves “emos.”  Members of the subculture have reportedly been threatened or killed throughout the country, where some see their long hair and alternative style as gay.

Unconventional youths have become the target of recent violence in Iraq (Photo courtesy of the Los Angeles Times).

While “emo” is a specific subculture in Western culture, it serves as a catchall phrase for nonconformists in Iraq. Gay and effeminate men have been grouped into the category.

The Iraqi government has dismissed the problem, characterizing emos as “Satanists,” and calling the reports of violence fabricated.  In the same report, the Iraqi government gave police “official approval to eliminate [the emo threat] as soon as possible, because the effects of it on society …[are] now threatening a danger.”

Most, if not all, of the attacks have gone unsolved, and no widespread inquiry has been made by the Iraqi police into the targeted killings.

“Our youth are feeling really horrible,” Shi’ite lawmaker Safia al-Souhail said on Friday. “The security forces need to acknowledge this is happening to be able to carry out an investigation.”

Al-Souhail believes that individuals within the Iraqi security forces, who want to stop the spread of democracy and turn the country into an Islamic state, are aiding the campaign against the emos. However, she does not believe that the campaign is supported by the overall government.

It is unclear how many such attacks have taken place, but at least 58 emos – identified by their Western clothing and hairstyles – have been killed in the last two months, according to local officials and security forces in Baghdad.  Iraq is currently engulfed in violence to the point where it has become difficult to determine why many killings have taken place. Fear also prevents people from reporting the slayings to authorities.

A sign in Baghdad’s Sadr City, decorated with two handguns, became a source of controversy recently by threatening 33 accused emos by name, warning them to stop their “dirty deeds” or face the “wrath of God.” The sign warned: “If you do not stop this dirty act within four days, then the punishment of God will fall on you at the hands of Mujahideen.”

Several clerics, including Grand Ayatollah Ali al-Sistani, Iraq’s most revered Shi’ite, have denounced the killing of emos. However, they have been careful not to endorse the lifestyle, warning of the dangers of imitating Western culture.

Youth across Iraq have rushed to cut their hair and shed their Westernesque clothing.  Anyone who wears something unusual is being labeled an emo, and risks violence.

A coalition of international organizations is pushing for Iraq to address the problem, and launch an investigation to bring the killers to justice.

For more information, please see:

Human Rights Watch: Iraq: Investigate ‘Emo’ Attacks — 16 Mar. 2012

Los Angeles Time — Iraq killings target ’emos’ for nonconformist style — 16 Mar. 2012

Seattle PI — Advocates demand protection for Iraqi Emos — 16 Mar. 2012

San Francisco Chronicle — Iraqi ’emo’ subculture target of antigay attacks — 12 Mar. 2012