French Parliament Begins Debate on Burqa Ban

French Parliament Begins Debate on Burqa Ban

By Yoohwan Kim
Impunity Watch Reporter, Europe

PARIS, France – The French parliament begins their debate today on a controversial bill to ban full-face veils, such as the burqa and the niqab, worn by some Muslim women in public.  The proposed bill is the focus of the ongoing conflict between Islam and France’s secular system, which rigorously separates the church and the state.

France has the largest Muslim community in Europe, with an estimated five to six million Muslims residing in the nation.  The interior ministry estimates that the bill will only affect about 2,000 women who wear the burqa, which is a full-body cover that includes a mesh over the face, or the niqab, which is a full-face veil that has an opening for the eyes.  France already bans religious symbols and Muslim headscarves from being worn in schools.

The French Council of Ministers, who stated that veils that cover the face “cannot be tolerated in any public place,” approved the bill in May, and following their approval, the bill was sent to parliament.  A parliamentary vote is not expected until next week and if approved, the French Senate will vote on the bill in the fall.

Photo: France proposes a bill that will fine women who wear full-face veils. [Source: CNN]

The proposed bill will make it illegal for anyone to wear an “item of clothing that hides their face” in public, and will impose a fine of 150 euro ($190) and/or mandatory enrollment in a “citizenship course” as punishment.

Additionally, forcing a woman to wear a full-face veil will be punishable by a year in prison and/or a 15,000 euro ($19,000) fine.  The French government believes that forcing someone to wear a burqa or niqab is “a new form of enslavement that the republic cannot accept on its soil.”

French President Nicolas Sarkozy initiated the bill, and stated during his first state of the nation address that the full-face veil is “not welcome” in France, because it is “not a religious symbol, but a sign of subservience and debasement.”

Amnesty International urged lawmakers not to approve the bill back in May.  Amnesty International’s expert on discrimination in Europe, John Dalhuisen, stated that “a complete ban on the covering of the face would violate the rights of freedom of expression and religion of those women who wear the burqa or the niqab in public as an expression of their identity or beliefs.”  Additionally, the French Council of State warns that the ban would violate international human rights laws and the French constitution.

Those who support the ban argue that wearing garments that hide women’s faces violates France’s secular system and gender equality, while opponents say only a small minority of Muslim women wears a burqa or a niqab and the bill will restrict individual freedom.  Some opponents believe Sarkozy is utilizing this controversy as a way to distract attention from his political problems and low approval ratings.  Critics of the bill believe a ban of the burqa and the niqab could further strain relations with Muslim communities in France, and could increase tensions between France and Muslim nations.

If parliament and the Senate pass the bill and it is signed into law, it will be the first national ban in Europe on the burqa and the niqab.  Similarly, other European Union nations have initiated their bans on veils worn in public.  Belgium’s parliament passed a similar ban in April and Spain’s Senate approved a motion to ban the full-face veil in June.

For more information, please see:

ALJAZEERA  – France Set to Debate Veil Ban – 6 July 2010

CNN – French Parliament Debates Burqa Ban – 6 July 2010

FRANCE 24 – Parliament to Debate Bill to Ban the Burqa – 6 July 2010

REUTERS  – French Parliament to Vote on Proposed Veil Ban – 5 July 2010

Iranian Mother of Two Sentenced to Stoning Death for Adultery Conviction – Sentence Could be Carried out at any Time

By Elizabeth A. Conger
Impunity Watch Reporter, Middle East Desk
 

Photo: Selekineh, / Photo Courtesy of The Daily News
Photo: Sakineh Mohammadi Ashtiani, the forty three-year-old mother of two who has been sentenced to death by stoning. (Photo Courtesy of The Daily Mail)

TABRIZ, Iran – A forty three-year-old Iranian woman faces a sentence of death by stoning unless an international campaign, launched by her children, is successful in persuading Iranian authorities to overturn her conviction or commute her sentence.

In May 2006 Sakineh Mohammadi Ashtiani was convicted of conducting an “illicit relationship outside marriage.” This conviction resulted in a sentence of ninety-nine lashes, which was carried out in 2006.

Sakineh’s case was later reopened when a court in Tabriz suspected her of murdering her husband. Although she was acquitted of the murder charges, the court reopened and reviewed the adultery case, and handed down the stoning sentence on the basis of a “judge’s knowledge.” This legal loophole in Iran allows judges to hand down subjective rulings where they do no have sufficient conclusive evidence.

Sakineh’s children, son Sajad, twenty-two, and daughter Farideh, seventeen, assert that their mother has been unjustly accused, and has already received punishment for a crime which she did not commit. Sajad said:

“She’s innocent, she’s been there for five years doing nothing . . . Imagining her, bound inside a deep hole in the ground, stoned to death, has been a nightmare for me and my sister all these years.”

When Sakineh received ninety-nine lashes in 2006, Sajad was present in the punishment room. “They lashed her just in front of my eyes, this has been carved in my mind since then.”

Sakineh was forced to confess after the lashings. She later retracted her confession, and has claimed no wrongdoing.

The sentence, which emanates from Iranian sharia law, calls for women to be buried up to their neck, and men to be buried up to their waist. Those attending the execution are then called upon to throw stones at the convicted person. The stones used in the execution are selected to be large enough to cause the convicted person pain, but not so large that she would be killed immediately. If the convicted person manages to wrestle free, her death sentence will then be commuted.

 Sakineh’s lawyer, Mohammed Mostafaei, who is an acclaimed Iranian lawyer, wrote a public letter regarding her conviction shortly after her stoning sentence was announced a few months ago. He said:

“This is an absolutely illegal sentence . . . Two of five judges who investigated Sakineh’s case in Tabriz prison concluded that there’s no forensic evidence of adultery.  He added: “According to the law, death sentence and especially stoning, needs explicit evidences and witnesses while in her case, surprisingly, the judge’s knowledge was considered enough.”

Mostafaei also believes that a language barrier prevented Sakineh from fully understanding the court proceedings, as she is of Azerbaijani descent and speaks Turkish, while court proceedings in Iran are conducted in Farsi.

Sakineh’s children have received aid from human rights activist Mina Ahadi, who is based in Germany. Ahadi helped to launch the international campaign to free Sakineh last week. She said that shortly after the campaign was launched, she received phone calls from the families of two other women who are also being held in Tabriz prison. These two women, Azar Bagheri, aged nineteen, and Marian Ghorbanzadeh, aged twenty five, have also been sentenced to death by stoning under adultery convictions.

Ahadi told The Guardian: “Azar was arrested when she was just fifteen.  They couldn’t punish her before she became eighteen years old according to the law, so they waited until now . . . and want to stone her to death.  Ahadi also reports that Azar has been subjected to mock stoning in preparation for the real execution, with partial burial in the ground.

Ahadi stated that she is currently aware of twelve other women in Iran who are sentenced to death by stoning, but estimates that the figure is closer to forty or fifty.

As for Sakineh’s sentence, Ahadi said, “Legally it’s all over … it’s a done deal. Sakineh can be stoned at any minute … That is why we have decided to start a very broad, international public movement. Only that can help.”

She added, “Stoning to death is not simply just a judicial punishment, it’s a political means in the hand of the Iranian regime to threaten people. It has more function than just a simple punishment for them.”

Stoning sentences were widely carried out after the 1979 Islamic Revolution in Iran. However, in recent years, Iran has sought to reduce the number of stoning sentences due to the international embarrassment involved, and most people are now executed by hanging.  Nonetheless, stoning sentences are still handed down each year – overwhelmingly to women.

Iranian activists have repeatedly spoken out against stoning saying that it is not prescribed in the Koran.

According to Amnesty International, Iran executed 388 people last year, which is more than any other country except China.  Over 100 people have already been executed in Iran this year. 

For more information, please see:

CNN – Human rights activist tries to stop death by stoning for Iranian woman – 6 July 2010

 UPI – Children fight for woman facing stoning – 3 July 2010

The Daily Mail – ‘Help us save our mother’: Pleas from the children of ‘adulterous’ Iranian woman who faces death by stoning – 2 July 2010

The Guardian – Campaign for Iranian woman facing death by stoning – 2 July 2010

Guatemala: Corruption Within Judiciary Threatens Fight Against Impunity

By Ricardo Zamora
Impunity Watch Reporter, South America Desk

GUATEMALA CITY, Guatemala – The International Commission Against Impunity in Guatemala (CICIG), set up as a joint venture panel between Guatemala and the United Nations to prosecute corrupt officials, could be in jeopardy. The last few weeks reveal that not even the well-intentioned are completely free from political pressures. Escalating pressures within the panel have led its chief, Carlos Castresana, to resign and have resulted in the removal from office of the attorney general, Conrado Reyes.

Problems began in May when the then-new attorney general, Reyes, began to remove prosecutors and investigators working with the CICIG. On June 7, Castresana objected to Reyes’ actions, asserting that Reyes was tied to organized crime — assertions which Reyes denies. Nevertheless, Castresana resigned immediately.

Less than one week later, the Guatemalan high court removed Reyes from office, albeit on the basis that the procedures followed by President Alvaro Colom in selecting Reyes for office had not followed the law. As it turned out, both positions are crucial for the CICIG to work but were both empty.

The UN provided some hope for the project by quickly appointing Francisco Dall’Anese of Costa Rica as the new director of the Panel. Mr. Dall’Anese, as attorney general in Costa Rica, led corruption investigations of two former presidents.

Many Guatemalans believe that the commission is the only bulwark against entrenched power. For this reason, the government remains worried as it continues to struggle to find a replacement attorney general and is concerned as to who will ultimately be picked. The CICIG is clearly having an impact against corruption but the internal strife shows how vulnerable it, itself, is to the same.

Guatemalans believe that no place or person in Guatemala is safe from entrenched power. Two years ago when Vinicio Gomez, the Guatemalan Interior Minister, began investigating drug trafficking, he started receiving death threats. A short time later, his helicopter crashed, killing him. Alba Trejo, Gomez’s widow, has appealed to the CICIG to hear his case. Although in an unofficial capacity, Mr. Castresana nevertheless attended the news conference to support Ms. Trejo and to support Mr. Gomez’s case.

Several similar deaths and killing await investigation but any enquiries remain in limbo as the CICIC muscles its way back onto its feet. Its casework includes other cases of government corruption going back years in Guatemala’s history.

Several former officials, from Defense Ministry officials to ex-President Alfonso Portillo, are accused of embezzlement. Others, such as former police chiefs, are in jail facing drug-related charges whilst still another is charged with running and extortion and hit squad.

Castresana reported that in 2009, only 230 of 6,451 killings were resolved. The fight against impunity in Guatemala remains an enormous job for the CICIG and people like Carlos Castresana.

Nineth Montenegro, an influential congresswoman, stated that “we have a police force that is penetrated… a prosecutor general’s office that is penetrated [and] a president who appears not to see anything.” She added, “In Guatemala, we never know who we are talking to. I have to believe in someone, and I believe in him, in Carlos.”

For more information, please see:

New York Times – Political Struggle Strains Guatemala’s Justice System – 3 July 2010

Americas Quarterly – New CICIG Commissioner Selected in Guatemala – 2 July 2010

Guatemala Times – Carlos Castresana, UN Commissioner Against Impunity in Guatemala Resigns – 8 June 2010

‘Illegal’ Israeli Demolition/Development in East Jerusalem Approved

by Warren Popp
Impunity Watch Reporter, Middle East

If the Committees plan gets final approval, twenty-two Palestinian homes in East Jerusalem will be demolished. (Photo Courtesy of Palestine Monitor)
If the Committee's plan gets final approval, twenty-two Palestinian homes in East Jerusalem will be demolished. (Photo Courtesy of Palestine Monitor)

JERUSALEM, Israel – Last week, the Jerusalem Planning and Building Committee approved an initiative by the mayor of Jerusalem, Nir Barkat, to create an Israeli archaeological park in the East Jerusalem neighborhood of Silwan. The plan has come under both national and international scrutiny because it calls for the demolition of approximately twenty-two Palestinian homes in East Jerusalem. Another sixty-six buildings constructed in the neighborhood without Israeli permission will be legalized under the plan.

In this and past cases where Palestinian homes have been demolished, Israel has maintained that it is simply enforcing the law by destroying illegally built homes and other buildings. However, many of the buildings have gone up without a permit because it is reportedly very difficult for Palestinians to acquire permits, and very few building permits have ever been issued to Palestinians in East Jerusalem.

When Barkat formally submitted the latest version of the development plan, his spokesman said: “Now, after fine-tuning the plan and seeking more cooperation with the residents as far as their needs and improving the quality of their lives, the municipality is ready to submit the plans for the first stage of approval.” However, Jerusalem city hall had reportedly refused to hold talks with the neighborhood’s Palestinian residents over alternative proposals.

The announcement by the Committee came just a day after Israel announced that it will be loosening restriction of aid into Gaza, likely as part of an effort to repair its international standing after the international criticism in response to the Israeli raid of a boat convoy heading to the Gaza strip on 31 May, which resulted in the deaths of nine activists and the injury of dozens more. The latest announcement by the Committee was criticized by Defense Minister Ehud Barak as “bad timing” and poor “common sense.” It was also criticized by the Israeli President, Shimon Peres.

The same development plan had been considered earlier in the year, but Israeli Prime Minister Benjamin Netanyahu, under pressure from both the United States—who was attempting to revive Israeli-Palestinian peace talks—and from increased international pressure regarding its settlement plans in East Jerusalem in general, persuaded Barkat to put the project on hold in March.

While the plan has been approved by the Committee, Israeli officials are stressing that the final process requires the approval of the Interior Ministry, a process that is likely to take several months, and that the plan could still be blocked by the government.

Barkat has defended the development plan, along with other claims of broader housing discrimination against Arabs—especially Palestinians. The Jerusalem Post quotes his spokesman as stating, “Mayor Barkat is moving forward with a master plan for Jerusalem that calls for an additional 50,000 new housing units over the next 20 years to fit the needs of the growing population. Arab residents are approximately one-third of the population of Jerusalem, and as such, we expect a third of those new housing units to be for Arab residents in their neighborhoods.” The spokesman further stated, “In addition, this week’s Municipal Planning and Construction Committee has 41 items on the agenda for approval, 18 of which are plans by Arab residents of Jerusalem for new apartments and construction in Arab neighborhoods.” The Jerusalem Post also reports that the municipality claims it does not keep records of how many local Arab building permits his office has approved since taking office in December 2008.

UN Secretary General, Ban-Ki Moon, publicly stated that the housing development plan is illegal under international law, and the European Union also recently stated its belief that the development plan is illegal. Richard Falk, the Human Rights Council Special Rapporteur on the situation of human rights on Palestinian territories occupied since 1967 (working in an unpaid and independent capacity), believes, “These actions, if carried out, would violate international law, with certain actions potentially amounting to war crimes under international humanitarian law.”

The United States State Department of State criticized the development plan, stating that it undermined trust between parties, and also increased the risk of violence. With Israeli police and Palestinian youth clashing last Sunday in response to the development plan, it appears that the US concerns were not unfounded. The rising tensions between the parties since the Committee’s announcement resulted in the Palestinian youth throwing rocks and Molotov cocktails at police in the same neighborhood where the homes would be demolished, causing minor injuries to six police officers who were hit with stones.

The recent arrest by Israeli police of a Hamas member of parliament for refusing orders that expelled him from Jerusalem also threatens to further escalate tensions in East Jerusalem. Richard Falk cited the four men’s case as part of “a larger, extremely worrying pattern of Israeli efforts to drive Palestinians out of East Jerusalem – [which is] illegal under international law”.

For more information, please see:

Jerusalem Post – An Open City? – 2 July, 2010

Al Jazeera – Israel Arrests Hamas MP – 30 June 2010

Voice of America News – EU Says Israel East Jerusalem Housing Plan Illegal – 30 June 2010

UN News Centre – Demolitions, New Settlements in East Jerusalem Could Amount to War Crimes – UN Expert – 29 June 2010

N.Y. Times – Palestinians and Police Collide in East Jerusalem – 27 June 2010

Haaretz – Reining in Barkat – 25 June, 2010

BBC – UN Chief Says East Jerusalem Demolition Plan ‘illegal’ – 24 June 2010

Sydney Morning Herald – Jerusalem Housing Plans Jeopardise Peace Talks – 24 June 2010

Al Arabiya News Channel – Israel Revives East Jerusalem Housing Plan – 21 June 2010

8 Killed and 9 Wounded in Nightclub Massacre

By R. Renee Yaworsky
Impunity Watch Reporter, South America

MEDELLIN, Colombia—Eight people were killed and nine were injured in a massacre in north Colombia.  The attack happened early Friday morning when gunmen opened fire in a nightclub and then fled on motorbikes.  Among the deceased victims was one American, who was a dual U.S.-Colombian citizen.

Two heavily armed men entered a nightclub called “Barubar” in Envigado, part of Medellin’s metropolitan area, around 2 in the morning.  The men fired indiscriminately toward some tables and then escaped while survivors tended to the victims.  Two police agents who had been patrolling the area and responded to the commotion were injured in the attack.

Machine gun and other high-powered gun shells were discovered at the scene.  Secretary of Antioguia, Andres Julian Rendon, said that these types of weapons are commonly used by drug-related gangs.  None of the victims have been linked to a history of gang association, but police are searching for a man who left the scene and may have been the gunmen’s target.

Oscar Naranjo, Colombian National Police Director, said the attack may have been motivated by a turf war between two local drug kingpins known as Sebastian and Valenciano.  In April, the U.S. offered a $5 million reward for information leading to Valenciano’s capture.  The kingpin allegedly moved over $25 million in drug money from the U.S. to Mexico.

Naranjo announced a 200 million peso ($106,000) reward for information leading to the arrest of those responsible for the nightclub violence.  Authorities plan to increase security around Medellin and combat the local drug trade by creating a special inter-agency group.  Naranjo arrived in the area with a team of 20 criminal investigation experts, 400 extra police officers and 200 members of the elite urban control force called FUCUR.

Colombian President Alvaro Uribe condemned the acts of the hitmen and said, “The criminal phenomena of narcotrafficking continues with a great capacity to inflict damage.”

Deadly drug-related violence has been on the increase recently in Medellin, which is fast becoming one of the most dangerous cities in Colombia.  This year’s first trimester has seen 503 drug-related deaths, which is up 54.8 percent since last year.

Although production has been decreasing, Colombia currently remains the world’s largest cocaine producer.

For more information, please see:

Wire Update-At least 8 killed, 5 injured, including one American, in Colombian nightclub shooting-3 July 2010

Colombia Reports-$100,000 reward for information on Antioquia massacre-2 July 2010

CNN International-American among 8 killed in Colombia bar attack, police say-2 July 2010

AFP-At least seven dead in Colombian discotheque attack-2 July 2010