Italian Prosecutors Request Indictment Against Prime Minister Berlusconi

Italian Prosecutors Request Indictment Against Prime Minister Berlusconi

By David Sophrin
Impunity Watch Reporter, Europe

ROME, Italy – Italian prosecutors on Friday began legal proceedings to request a indictment against Prime Minister Silvio Berlusconi and his son for embezzlement and tax fraud that relates to an ongoing legal battle involving some of the country’s largest media corporations.

The indictment suggests that Mediatrade, an Italian media corporation, purchased the rights to American television programs and films, during the time period of 2002 to 2005 at inflated prices, and embezzled the profits of that inflation.  According to the prosecutors, the excess embezzled funds were placed into a slush fund.  The charges of tax fraud, which allegedly took place between 2005 and 2009, are also associated with these actions.  Since Mediatrade was originally founded and owned by Berlusconi, and has family still controls the company, the prosecutors believe that he is still its ‘de facto’ leader and therefore bears some of the responsibility for its allegedly illegal actions.

The indictment request was filed by two prosecutors, Fabio De Pasquale and Sergio Spadaro, in the northern city of Milan to Judge Marina Zelante.

Even if the judge grants the prosecutors request, the recently passed federal shield law would apply and thereby delay the legal action for up to 18 months.  The law provides temporary immunity for the Prime Minister and his ministers.  Supporters of the legislation argued that the shield law was necessary because potential legal actions would this officials would be a ‘legitimate impediment’ to the responsibilities of their offices.

This shield law was enacted following a decision by Italian Supreme Court, which last year ruled that another immunity law that had been supported by Berlusconi and provided him with permanent protection from any charges brought against him, was unconstitutional.

For more information, please see:

ANSA – Berlusconi Indictment Sought – 9 April, 2010

RTE – Berlusconi could stand trial over TV rights – 9 April, 2010

WALL STREET JOURNAL – Berlusconi Faces Call to Stand Trial – 9 April, 2010

Hamas Threatens More Israeli Soldier Abductions

By Meredith Lee-Clark
Impunity Watch Reporter, Middle East

GAZA CITY, Gaza – Amid the stalemate in prisoner-swap negotiations between Israel and Hamas, the ruling party in the Gaza Strip, a Hamas spokesman has advocated abducting more Israeli soldiers as part of a strategy to “force the hand” of the Israelis.

The statement from Hamas came as Palestinian prisoners in Israeli custody enter their second week of a prison strike. The prisoners are demanding equal treatment between Palestinians and Israeli prisoners in Israeli-run prisons.

Hamas spokesman Sami Abu Zuhri said on April 8 that Palestinians must support the prisoners’ strike, adding that “Palestinians who seek justice for prisoners may be obliged to search for new friends for Gilad Shalit,” referring to the Israeli soldier who has been held by Hamas in the Gaza Strip since June 2006, and who has been the focal point of the prisoner swap negotiations.

While the Hamas rhetoric ramped up, militants in Gaza fired rockets across the border into southern Israel, where an Israeli Defense Forces patrol was reportedly hit, though no injuries were reported. The rocket fire came within twenty-four hours after Palestinians reported that six mortar shells were fired at Israel, but landed in Gaza, short of their target, and injured six Gazans. Hamas has asserted it is not responsible for the rocket fire, and says that it is working to stop the rocket attacks.

“The government in Gaza is in charge of the situation, and it does know clearly who launches the rockets,” said Hamas spokesman Ayman Taha to the BBC. “It is working hard to deter any faction from acting individually.”

Meanwhile, Hamas has come under international criticism for officially reinstating the death penalty after a five-year hiatus. Human Rights Watch called on Hamas to rescind its announcement that it would once again execute criminals by hanging or firing squad. In its statement, Human Rights Watch argued that the death sentences imposed by the Hamas military courts violated fair trial standards. Most of those who have been executed in the past have been members of the rival Fatah political party, or those who have been accused of collaborating with Israel. Human Rights Watch reports that many political prisoners in Gaza are not allowed access to lawyers until after interrogation, and that judges selectively allow defense counsel to present evidence at trial.

For more information, please see:

Ma’an News Agency – Amid Jail Strike, Hamas Urges More Soldier Abductions – 9 April 2010

Associated Press – Hamas in Gaza Takes Steps to Carry Out Executions – 8 April 2010

Ha’aretz – Hamas: We Will Abduct Israelis Over Maltreatment of Palestinian Prisoners – 8 April 20101

Human Rights Watch – Gaza: Do Not Resume Executions – 6 April 2010

Thai Protesters Defy State of Emergency in Bangkok

By Michael E. Sanchez
Impunity Watch Reporter, Asia

Bangkok, Thailand- On Thursday anti-government demonstrators said they will defy the state of emergency declared by the government of the Thai prime minister, Abhisit Vejjajiva.  They defiantly dared the government to break up their escalating protests, vowing to stage a rally in the capital despite the state of emergency which allows the military to move against large gatherings.

The prime minister declared the state of emergency Wednesday night after protesters briefly broke into Parliament, capping weeks of protests that have paralyzed the government and cost businesses tens of millions of dollars.  Abhisit said on Wednesday that the emergency would help authorities arrest leaders of the anti-government movement, which has been staging protests in the capital for over three weeks.

Jatuporn Prompan, a red shirt leader said “If you have the guts to do it, do it now.  But I warn you that our red shirt brothers and sister would flood into Bangkok in greater numbers, if you crack down on us.”

The state of emergency allows security officials to detain suspects without charge for up to 30 days, and gives them the option of imposing curfews, banning public gathering and censoring media.

The protesters camped in the city have ignored court orders and a large security presence.  Al Jazeera’s Wayne Hay, reporting from Bangkok said “they have completely disregarded the state of emergency that is now in place and have vowed to hold more rallies.” Since 2008, this is the fourth time that emergency law has been declared in the capital because of political turmoil.

Prime Minister Abisit has faced criticism for failing to take stronger measures to end the demonstrations.  Previously he had entered into negotiations with the red shirts and ordered security forces to pull back from possible confrontations.  Because of the volatile situation, he called off a planned visit to Vietnam for a meeting of southeast Asian leaders.  Investors fear this could derail the country’s high-performing economy.

Thai authorities have also shut down a television channel run by the red shirts.  Satit Wonghnongtaey, the minister attached to the premier’s office said the station had been taken off the air for inciting unrest.

The Red Shirts support ousted prime minister Thaksin Shinawatra, and view Abhisit as a puppet controlled by the unelected establishment and the military.

The Red Shirts say the prime minister,who came to power in a 2008 parliamentary vote after the courts dissolved a pro-Thaksin party in government at the time – should call an election and let the people choose their government.

For more information, please see:

Aljazeera.net- Red Shirts Vow to Defy Emergency– 8 April 2010

Associated Press- Protesters Defy State of Emergency in Bangkok– 8 April 2010

RTT News- Thai Protesters Vow to Defy Emergency-8 April 2010

Yemeni Child Bride Dies Of Internal Bleeding

By Ahmad Shihadah
Impunity Watch Reporter, Middle East

SA’NA, Yemen – A 13-year-old Yemeni girl died three days after marrying a man twice her age, due to internal bleeding following intercourse, a Yemeni human rights group and UNICEF said.

The girl’s death comes amid ongoing debate on whether to set a minimum age for brides in Yemen, where human rights groups say one in every three girls is married before the age of 18.

Elham Mahdi Shoi died in the west of the Arab state earlier this month, said Sisters Arab Forum (SAF). “Elham is a martyr of abuse of children’s lives in Yemen and a clear example of what is justified by the lack of limits on the age of marriage,” SAF said in a statement.

A medical report by the hospital where she was treated said she had suffered a tear to her genitals and severe bleeding after intercourse, the group said. In a statement obtained by the Reuters news agency, Unicef’s regional director, Sigrid Kaag, said the UN child agency was “dismayed by the death of yet another child bride in Yemen.”

The Yemeni rights group said the girl was married off in an agreement between two men to marry each other’s sisters to avoid having to pay expensive bride-prices. The group said that was a common arrangement in the deeply impoverished country.

Yemen’s gripping poverty plays a role in hindering efforts to stamp out the practice, as poor families find themselves unable to say no to bride-prices in the hundreds of dollars for their daughters.

Human rights groups have been pressuring the authorities to outlaw family-arranged child marriages in Yemen, which has a tribal social structure.

For More Information, Please See;

BBC – Yemen Child Bride ‘Bleeds to Death’ – 8 April 2010

The Washington Post = Child Bride Dies Of Internal Bleeding In Yemen – 8 April 2010

AP – 13-Year-Old Yemeni Bride Dies Of Bleeding – 8 April 2010

The National – Dead Yemeni Bribe, 13, ‘A Victim Of Childhood Abuse’ – 8 April 2010

MP Warns that Cabinet Decision in Tonga Could Spark More Violence

By Cindy Trinh
Impunity Watch Reporter, Oceania

NUKU’ALOFA, Tonga – A pro-democracy MP in Tonga says the Cabinet has rejected proposals put forward by a couple commissions set up to determine electoral boundaries. The Cabinet is opting instead to have 17 constituencies with an equal number of votes. Concern has risen over the Cabinet’s decision, and there is fear that more violence may ensue.

There has been much debate in Tonga for democratic reform. Mateni Tapueluelu says the priority for parliament right now is the recommendations for greater democracy compiled by the Constitutional and Electoral Commission.

He stated: “[I]t was brought up in parliament by the People’s Representatives…they already have information from the government that the Cabinet is not accepting the recommendation from that commission…they are forming up their own recommendation and so there is a bit of a fight between People’s Representatives about how Tonga will have to be subdivided before the election in November.”

However, the government rejected the recommendations put forward by the Constitutional and Electoral Commission.

The government then set up the Boundaries Commission after rejecting the reforms proposed by the Constitutional and Electoral Commission. The Boundaries Commission put forth three options, but the Cabinet also rejected these.

Akilisi Pohiva of the People’s Committee for Political Reform reported that the Cabinet rejected all three options put forward by the Boundaries Commission because the Cabinet instead has opted to have 17 constituencies with a roughly equal number of votes.

Pohiva stated: “Take for example Niua, under the government proposal it will have no representative. Niua will be one of the constituencies in Tongatapu. A group of islands in Ha’apai will move to Tongatapu. In order for government to be able to have an equal share or almost an equal number of notes, this is how they do it.”

Pohiva further reported that the parliament will be debating the Cabinet’s proposal on April 8, 2010. He expects that the Cabinet’s proposal will go through.

However, he fears that if the proposal does go through, more violence will ensue. He stated: “It’ll edge the Kingdom towards further violence.”

“That complete neglect of the boundary commission is the latest serious mistake they have made. And this is what we hope to raise in the House when we come back in the afternoon and probably next week. We will try to pressure the government to honor and respect the recommendations made by the Boundary Commission and if they continue to remain stubborn something can happen, that’s how I look at it.”

For more information, please see:
Islands Business – Cabinet decision could spark more violence in Tonga, says MP – 08 April 2010

Pacific Islands News Association – Cabinet decision could spark more violence in Tonga, says MP – 08 April 2010

Radio New Zealand International – Cabinet decision could spark more violence in Tonga, says MP – 08 April 2010

Radio New Zealand International – Tonga Cabinet rejects recommendations from boundary commission – 08 April 2010

Radio new Zealand International – Democratic reform debate sidelines Ashika report in Tonga – 07 April 2010