Israeli Court Denies Hunger Striker’s Appeal

Israeli Court Denies Hunger Striker’s Appeal

By Carolyn Abdenour
Impunity Watch Reporter, Middle East

JERUSALEM, Israel – On Monday, 13 February, an Israeli military court denied the appeal to reduce the jail sentence of Khadar Adnan, the Palestinian man who initiated his hunger strike fifty-eight days prior.  Mahmoud Hassan, one of Mr. Adnan’s lawyers, reported his client would remain detained without trial until May 8, when his four-month sentence expires.

Protesters rally to support Mr. Adnan. (Photo Courtesy of the Boston Globe)

On Tuesday, 14 February, Mr. Adnan’s lawyers said they would appeal Israel’s Supreme Court to overturn the military court’s decision while Mr. Adnan continues his hunger strike.  Mr. Adnan is near death, and Israeli officials have guarded him at the hospital in northern Israel for six weeks.  His lawyer reports Mr. Adnan remains shackled to his bed and argues the Israelis are holding him in “inhumane conditions.”

Thirty-four year old Adnan began his hunger strike the day after Israel arrested without a charge.  His hunger strike fights “for the dignity and pride of Palestinian prisoners held without justification,” and he protests the humiliation he endures from the military justice system.  Mr. Adnan’s fifty-nine day hunger strike, where he only drinks water, has exceeded any previous Palestinian prisoner’s strike.

Israel has held Mr. Adnan, a member of the militant Palestinian group Islamic Jihad, in “administrative detention” since January 8 after the government arrested him on December 17.  Since 1967, Israeli law permits Palestinians imprisonment without charge for a six-month period by an Israeli military judge in this administrative detention.  These six-month periods may repeat indefinitely with renewed court approval.  Moreover, detainees may not view the evidence the Israelis have against them.  Presently, Israel is holding approximately 310 Palestinians in administrative detention.

Human Rights Watch asks Israel to immediately charge Mr. Adnan or release him.

On Saturday, 11 February, Israeli soldiers dispersed hundreds of Palestinian protesters supporting Mr. Adnan outside the West Bank’s Ofer Prison.  At a separate rally for Mr. Adnan, Israel arrested two Palestinians and two Israelis.

Hundreds of Palestinian prisoners have joined Mr. Adnan’s hunger strike throughout Israel’s jails.  Issa Qaraqua, the Palestinian prisoner affairs minister, encourages the Palestinian territories to demonstrate, march, and fast in solidarity on Wednesday, 15 February.  Furthermore, if Mr. Adnan dies, Palestinian officials warned mass protests would erupt throughout the territories.

Robert Serry, the United Nations special coordinator for the Middle East peace process, asked Israel “to do everything in its power to preserve the health of the prisoner and resolve this case while abiding by all legal obligations under international law.”

For further information, please see:

Agence France-Presse – Palestinian Hunger Striker To Petition Top Israel Court – 14 Feb 2012

Jerusalem Telegraphic Agency – Palestinian On Hunger Strike In Israeli Prison Denied Release – 14 Feb 2012

Al Jazeera – Israel Denies Appeal of Jailed Hunger Striker – 13 Feb 2012

Boston Globe – Israel Reject Palestinian Hunger Striker’s Appeal – 13 Feb 2012

Efrain Rios Montt to Face Genocide Charges After 30 Years

By Brittney Hodnik
Impunity Watch Reporter, North America

GUATEMALA CITY, Guatemala – For the first time, a Latin American court has decided to charge former president, Efrain Rios Montt with genocide.  For the past14 years, Montt has enjoyed immunity as a member of Congress, according to The Indypendent.  His term expired in January and the government has finally brought genocide charges and accusations of other human rights abuses.

Montt faces genocide charges and other crimes against humanity. (Image courtesy of The New York Times)

Montt served as president-dictator of Guatemala from 1982-1983 after a military coup in that country.  A civil war ensued for over three decades.  According to the Associated Press, he is accused in 266 incidents (usually massacres) that resulted in 1,771 deaths, 1,400 human rights violations, and the displacement of 29,000 indigenous Guatemalans.

According to The Indypendent, Judge Patricia Flores stated in her ruling, “We can establish these are acts so degrading, so humiliating that there is no justification . . . You were the general commander of the military and had knowledge of the execution of these plans.”

Montt’s lawyer told local newspapers, “We are sure that there is no responsibility, since he was never on the battlefield,” as reported by The New York Times.  Montt has previously denied ordering any massacres, but military documents have shows the contrary.  Further, according to the Associated Press, Montt explained to the judge “I understand what the prosecution is saying and I won’t respond . . . The point is to do justice, not vengeance.”

A United Nations-backed truth commission set up in 1996 found that about 200,000 people were killed or disappeared during the civil war, according to The New York Times.  Montt’s 17-month rule played a significant role in these deaths.  Judge Flores went on to say during the testimony, “Unfortunately there are cases like this where people have been waiting 29 years for justice.”

His parliamentary immunity has shielded him from prosecution until now.  In December of 1999, a group of Guatemalans filed suit in the Spanish National Court against 8 high ranking Guatemalan officials, including Montt, reports The Indypendent.  These charges were filed under “universal jurisdiction” and were upheld.  Also, in 2004, the Guatemalan government admitted before the Inter-American Court of Human Rights that Rios Montt’s regime pursued a strategy of genocide, reports The Huffington Post.

Currently, Montt is on house arrest and has been ordered to pay a $64,000 bond.  Formal charges against the court are expected to come about soon.

For more information, please visit:

The Indypendent — Genocide Trial of Rios Montt — 9 Feb. 2012

The Huffington Post — Paul Seils: Guatemala Genocide Ruling a Triumph for Survivors — 1 Feb. 2012

The Associated Press — Guatemala: Ex-Dictator to Face Genocide Charges — 27 Jan. 2012

The New York Times — Efrain Rios Montt, Guatemala Ex-Dictator, to Appear in Court — 22 Jan. 2012

Connect U.S. Newsletter- Responsibility to Protect, International Policy, The 2012 NSS, New Climate And Security Link

Connect U.S. Newsletter- Responsibility to Protect, International Policy, The 2012 NSS, New Climate and Sec…

War Crimes Prosecution Watch –Feb. 13, 2012

 

Vol. 6, Issue 23 — February 13, 2012

 

INTERNATIONAL CRIMINAL COURT

Central African Republic & Uganda

Darfur, Sudan

Democratic Republic of the Congo

Kenya

Libya

Cote d’Ivoire (Ivory Coast)

AFRICA

International Criminal Tribunal for Rwanda

Special Court for Sierra Leone

EUROPE

Court of Bosnia & Herzegovina, War Crimes Chamber

International Criminal Tribunal for the Former Yugoslavia

Domestic Prosecutions In The Former Yugoslavia

MIDDLE EAST AND ASIA

Extraordinary Chambers in the Courts of Cambodia

Special Tribunal for Lebanon

Bangladesh International Crimes Tribunal

NORTH AND SOUTH AMERICA

United States

TOPICS

Terrorism

Piracy

Universal Jurisdiction

Gender-Based Violence

REPORTS

UN Reports

NGO Reports

TRUTH AND RECONCILIATION COMMISSIONS

Canada

Kenya

Liberia

Thailand

COMMENTARY AND PERSPECTIVES

WORTH READING

War Crimes Prosecution Watch is a bi-weekly e-newsletter that compiles official documents and articles from major news sources detailing and analyzing salient issues pertaining to the investigation and prosecution of war crimes throughout the world. For more information about War Crimes Prosecution Watch, please contact warcrimeswatch@pilpg.org.