Kenya’s Election Results Appealed While Protests Ensue

By Hannah Stewart
Impunity Watch Reporter, Africa

NAIROBI, Kenya — Kenya’s Prime Mister Raila Odinga filed an incendiary appeal with the Supreme Court on Saturday, alleging widespread ballot rigging and contend that “glaring anomalies” existed in the vote.  As such, Odinga is petitioning to court to void the results and order a new election.

Supporters of Kenya’s Prime Minister Raila Odinga protest outside the Supreme Court. (Photo Courtesy of Khalil Senosi/AP)

Approximately one hundred of Odinga’s supporters gathered in downtown Nairobi outside the courthouse just before the petition was filed.  Many wore shirts brazenly displaying slogans including “Democracy on Trial” and “I Support the Petition.”

The police had warned the Coalition for Reforms and Democracy supporters they would not be allowed to gather, and fired tear gas into the crowd to force them to disperse.

Since the March 4 election, Odinga has urged his supporters to remain peaceful and refrain from rioting, as they did in 2007 when he narrowly lost Kenya’s last presidential election amid widespread evidence of vote rigging similar to the allegations he is making now.

The presidential, legislative and municipal elections were Kenya’s first elections since the 2007 poll that triggered nationwide ethnic and political violence.  This violence resulted in the death of more than 1,200 people.

On March 4, millions of Kenyans flooded to the polls. According to the national election commission, Uhuru Kenyatta – son of Kenya’s first president – won 50.07 percent of the vote, avoiding a runoff by a nominal margin of approximately 8,000 votes.

Odinga won about 43 percent.  However, he claims in his petition to the court that his vote was covertly reduced and that Kenyatta’s was inflated in a “deliberate, well-calculated and executed ploy” to hand the election to Mr. Kenyatta.  Moreover, the petition claims that there were problems with the registration of voters and an electronic vote counting mechanism.

Odinga’s attempts to nullify Kenyatta’s victory will be the first significant test for Kenya’s new Supreme Court, established under a constitution adopted in a 2010 referendum.  Chief Justice Willy Mutunga, appointed in 2011 to reform a corrupt legal system accused of serving elitist interests, will be under international scrutiny to render a transparent verdict.

Mutunga received death threats in the weeks before the vote, but he has promised that the judiciary will act without “favor, prejudice or bias” when handling election complaints.  Moreover, he has already invited the media to cover any court proceedings live.

Odinga was the also the runner-up in the 2007 presidential election to Mwai Kibaki, which he also said was stolen.

In his acceptance speech last Saturday, Kenyatta called the election “free and fair” and a “triumph of democracy.”

For more information, please see:

BBC News – Raila Odinga Files Kenya Election Appeal– 16 March 2013

Reuters – Kenya’s Odinga Challenges Election Defeat in Top Court – 16 March 2013

The New York Times – Kenya Court Asked to Order New Election for President – 16 March 2013

The Washington Post – Kenya Police Tear Gas Prime Minister’s Supporters as He Files Court Case Against Election Loss – 16 March 2013

Thai Navy Denies Shooting Rohingya Refugees

By Karen Diep
Impunity Watch Reporter, Asia

BANGKOK, Thailand – Yesterday, the Thai Navy denied reports of its members opening fire at a boat last February containing 20 Rohingya Muslim refugees, resulting in the deaths of at least two of the asylum seekers.

Rohingya refugees fleeing on boats. (Photo Courtesy of BBC News)

According to Voice of America, in recent months, thousands of Rohingyas are fleeing the ethnic turmoil and state-sponsored discrimination in Western Burma. As a result, many are traveling by boat to Malaysia and ending up on the West coast of Thailand.

“[N]o [Thai] navy officer could be that ruthless,” said Thai Navy commander Admiral Surasak Rounroengrom.

Mr. Surasak continued to state that the Thai Navy possessed no reason to kill the Rohingya refugees because they were not an enemy.

Although Thailand has refused to accept most of the refugees, it has ordered its navy to stop these boats to provide them with supplies.

“Since the policy is to push them back out to sea, we provide humanitarian aid with food and water, medicine and gas for them to continue their journey. All we do is help them, even fixing their boats [if necessary], before sending them back on their way,” continued Mr. Surasak.

However, according to BBC News, eyewitnesses said otherwise.  Witnesses informed human rights groups that they saw several bodies in the water and even protected some of these refugees during and after the February incident.

“Navy personnel fired into the air three times and told us not to move,” relayed one of the Rohungya refugees to Human Rights Watch (HRW), “But we were panicking and jumped off the boat, and then they opened fire at us in the water.”

Although the spokesperson for the United Nations refugee agency, Vivian Tan, can neither confirm nor deny the events last month, she stated that her agency is worried about the fate of Rohingya refugees.

“U.N.H.C.R. has been advocating that people fleeing persecution should be able to be processed in the country or territory where they arrive.  So, they should not be pushed off for sure,” said Ms. Tan, “They should definitely not be sent back to a place where their lives could be in danger.”

Historically, Thai officials have been suspect of dragging refugee boats that end up in Thai waters out to sea and leave them to die.  Furthermore, they have been accused of selling on asylum seekers to human traffickers.

According to BBC’s South East Asia correspondent Jonathan Head, Thai authorities are rarely held accountable for these allegations regardless of their promise to investigate such incidents.

For further information, please see:

BBC News – Thai Navy Denies Shooting Rohingya Refugee – 15 March 2013

The United Press International – Thais Deny Firing on Rohingya Refugees – 14 March 2013

Voice of America – Fleeing Rohingya Refugees Fired Upon, Says Rights Group – 13 March 2013

 

Maryland to Abolish Death Penalty

By Mark O’Brien
Impunity Watch Reporter, North America

WASHINGTON, United States — Maryland Governor Martin O’Malley is expected to sign a bill next month that would end the use of the death penalty.

Maryland Governor Martin O’Malley, a supporter of repealing the death penalty, is expected to sign a bill abolishing capital punishment into law next month after lawmakers passed the bill this week. (Photo Courtesy of the Washington Post)

On Friday, the state’s House of Delegates voted 82-to-56 to repeal capital punishment after the state’s Senate voted 27-to-20 last week for a repeal.  Now the bill only needs O’Malley’s signature, which his aides say should come when the legislature session ends in April.

If signed, the law would take effect on October 1, and all current inmates on death row would have their sentences replaced by life terms without parole.  Maryland would become the eighteenth state in the country to abolish the death penalty, marking an end to the state’s 375-year history of capital punishment.

“With [the] vote to repeal the death penalty in Maryland, the General Assembly is eliminating a policy that is proven not to work,” O’Malley said during a press conference after the legislative approval.  The governor pushed the effort to repeal, making it one of his top goals for this year’s legislative session.

Maryland has used the death penalty only five times since it was reinstated during the 1970s, the last time happening in 2005.  In 2006, Maryland’s Court of Appeals, the state’s highest court, ruled that a legislative committee had not properly approved the state’s lethal injection protocols, effectively putting capital punishment on hold.

Supporters of the repeal applauded state lawmakers for eliminating a measure they called costly and counterproductive.  Delegate Heather Mizeur said the decision about who lives or dies, even the worst criminal offenders, is not one anybody should make.

“By willfully taking a human life, the state enacts the worst of human impulses,” she said.

“Maryland’s rejection of the death penalty adds to the national momentum against this cruel and increasing unusual punishment,” said Antonia Ginatta, an advocacy director with the nonprofit Human Rights Watch.

Opponents, however, criticized the legislature and called on O’Malley to not sign the bill.  They said the law would put officers’ safety in jeopardy.  Most significantly, though, opponents said capital punishment was a necessary measure in criminal justice.

“The death penalty is not a deterrent; it is justice,” said Delegate C. T. Wilson, a former prosecutor and U.S. Army veteran.

Even if O’Malley signs the bill into law, the death penalty might not be entirely forgotten yet.  According to the Baltimore Sun, those who support the death penalty could petition it to be on the 2014 ballot, leaving the issue up to voters.  If they succeed, the law would be put on hold pending the results of the election.

State Sen. Thomas Miller, the Senate President, predicted that kind of challenge happening.  Even though no group has publicly supported the idea yet, the Sun reported that recent polls indicate a narrow majority of voters still supports the death penalty.

For further information, please see:

The Baltimore Sun — House Votes to Repeal Death Penalty — 15 March 2013

The Capital Gazette — Maryland General Assembly Votes to Abolish the Death Penalty — 15 March 2013

Human Rights Watch — US: Maryland Expected to Abolish Death Penalty — 15 March 2013

The Washington Post — Md. Assembly Votes to Repeal Death Penalty — 15 March 2013

Syrian Revolution Digest: Thursday, 4 March 2013

No Way Out!

Under Assad rule we do have much corruption in the judicial system, as is the case in other sectors, but the legal code itself is not all that bad. An upgrade is surely needed, but a return to Sharia rule, as so many are advocating today, sounds more like a downgrade to my secular ears. But if that’s what Islamists want, that’s what they should get. There is absolutely no problem in their desire to apply sharia law to themselves. The problem lies in their burning desire to apply it even to those who reject it, under the faulty understanding of democracy as majority rule, individual rights notwithstanding. Irrespective of how and why our revolution started two years ago, the issue of identity, individual, communal, regional, is now at stake, and while it is quite obvious that the common identity we thought we had, Syrian, and the one we do indeed have, human, is not enough to inspire mutual confidence and trust and prevent our internecine strife, geography tells us that our destinies will remain interlinked for the rest of time whether we liked or not. Sooner or later we have to work things out, none of us will be moving to the stars anytime soon.  

 

Today’s Death Toll: 132 martyrs, including 6 women, 13 children, and 1 martyr who died under torture: 37 martyrs in Damascus and Suburbs, 35 in the massacre committed by the regime’s army in the area of Tal Barak in Hasakeh, 18 in Daraa, 11 in Aleppo, 6 in Raqqa, 6 in Hama, 5 in Idlib, 1 in Quneitra, 1 in Deir Ezzor, and 1 in Jableh (LCCs).

Points of Random Shelling: 358. 27 locations were bombed by warplanes; 3 sites were subjected to Scud missile attacks; and 4 locations were hit by surface-to-surface missiles. 5 locations were subjected to cluster bombing: Najiyeh, Kafr Zeta, Marjeh, Saraqeb, and Taftanaz. 106 locations were shelled using mortars; 124 locations were artillery-shelled; and 90 locations were subjected to rocket attacks (LCCs).

Clashes: 145. Successful operations include downing two warplanes: in southern Homs and in Hama. FSA rebels also sealed off the road linking Hassakeh and Qamishly, and established multiple checkpoints along the road (LCCs).

 

News

Seeking to Aid Rebels in Syria, France Urges End to Arms Embargo “We want Europeans to lift the arms embargo,” President François Hollande of France told reporters as he arrived in Brussels for a European Union summit meeting. Echoing earlier comments by his foreign minister, Laurent Fabius, Mr. Hollande said: “We are ready to support the rebellion, so we are ready to go this far. We must take our responsibilities.”

Syria’s historic treasure trove in ‘unpublicized’ danger Over 12 museums have been looted; all six of the UNESCO World Heritage sites have been damaged; historical sites, including Bosra, Krak des Chevaliers, Palmyra, Apamea, have been destroyed while surrounding areas have become a stage for war. Aleppo’s medieval Citadel, Great Mosque and the Ottoman Souq have all become a battlefield.

Watch: Damascus synagogue in ruins Syrian opposition releases further documentation of synagogue damaged in early March, allegedly by mortar shells fired by Assad’s army; former chief rabbi of Syria ‘chilled’ at the damage

Two years later, Syrian revolutionaries reflect on their cause, the costs The popular unrest following the first protests in March 2011 has challenged the dynastic dictatorship that has ruled Syria for years. Today, Syria is being torn apart by a civil war that has killed more than 70,000 people and forced more than one million Syrians to flee the country. The conflict threatens to spill across borders to destabilize neighbors in an already turbulent Middle East. The opposition says Friday (March 15) marks the second anniversary of the beginning of the uprising.
Special Reports

Three items on Syria from Foreign Policy Research Institute: In this essay, Gary Gambill, an analyst of Syrian and Lebanese politics, provides an in-depth look at Syria’s Druze and ponders whether they will turn to the rebels or back the regime. In this essay, Adam Garfinkle, editor of The American Interest magazine, suggests it may be best – at this point — for the US to stay out of Syria, having earlier supported a more activist policy to help oust the regime. In this audio file of a recent session of Geopolitics with Granieri, “Syria: Where Do We Go from Here?”, FPRI Senior Fellow Barak Mendelsohn takes questions on the latest developments in Syria.  There is no good solution in sight, he says, but he does help to clarify the policy dilemmas.

Courts Become A Battleground For Secularists, Islamists In Syria Powerful Islamist brigades are competing with pro-democracy civilians to shape Syria’s future. One battlefront is in the courts. In many areas in northern Syria, Islamists have set up religious courts that deliver rulings under Shariah, or Islamic law — a fundamental change in Syria’s civil legal system… There is also a fear that Islamist radicals may kick out the old form of dictatorship but replace it with an Islamist version. In the northern city of Raqqa, militants posted leaflets announcing that anyone who supports democracy is an infidel, a serious charge in any Islamic court.

Syria’s bloody anniversary THE means to prevent this implosion are the same that could have stopped the ignition of the civil war: aggressive intervention by the United States and its allies to protect the opposition and civilians. This would not require ground troops, only more training and the supply of heavy weapons to the rebels, and airstrikes to eliminate the regime’s warplanes, missiles and, if necessary, chemical weapons. The recognition of an alternative government led by the civilian Syrian National Coalition would send the message to wavering regime supporters that it was time to defect and would help to isolate al-Qaeda before it is too late.

In Syrian Clash Over ‘Death Highway,’ a Bitterly Personal War Since late last spring, antigovernment fighters have wrested much of northern Syria from Mr. Assad’s control, overrunning military checkpoints and several bases, and pushing the army back. But the rebel tide, largely led in northwestern Syria by Islamic groups, moves slowly, checked by weapon shortages and by a lingering archipelago of government positions where the army and loyalist militias have settled in with powerful weapons, equipped for a long fight. Each of these military positions, and the roads between them, have become minifronts, an almost uncountable set of bloody battlefields where rebels try to silence government outposts, which are mostly arrayed around Syria’s main cities.

The tough lessons from an invasion a decade ago do not apply today The Syrian leader’s slaughter of his own people carries dangerous messages for the region and imperils a civilised international order. There comes a point where humanitarian imperatives must trump hard-headed calculations of narrow interests… What is required now… is a display of the energetic US diplomacy that has been woefully absent during most of the fighting. Where was Hillary Clinton? Where is John Kerry? Or, indeed, where is Mr Obama? Where is the high-level demarche that tests to destruction Moscow’s declared desire to halt the bloodshed by backing a settlement? What about gathering support at the UN for humanitarian corridors? If Vladimir Putin needs to be flattered and bribed, so be it. And, yes, Mr Assad should be offered dirty guarantees of safe passage. A big diplomatic push might fail. If it does, the US and Europe will have to think hard about providing arms to the rebels. But Mr Obama could at least make the effort. Iraq was a painful demonstration of American hubris. Syria should not pay the price of US timidity.

Two Years Later: What the Syrian War Looks Like What does the Syrian war look like? It looks like shells that crash and thud and thump into residential streets, sometimes with little warning. It looks like messy footprints in a pool of blood on a hospital floor as armed local men, many in mismatched military attire and civilian clothing, rush in their wounded colleagues, or their neighbors… What does the Syrian war look like? Above all, it looks like the names and faces of the seventy thousand people the United Nations says have been killed in the two years since the uprising began. The real figure is likely much higher. The U.N. number is of those whose names or faces are known, and doesn’t include the countless others who are still missing, who may be in mass graves. At least seventy thousand people dead. That means seventy thousand individuals, each part of a family, each family part of a community, each community part of a country. That is what the Syrian war looks like.

My new paper, prepared for a briefing in Washington, D.C. that took place on January 15, 2013, is now out and is titled “Syria 2013: Rise of the Warlords.” It should be read in conjunction with my previous briefing “The Shredded Tapestry,” and my recent essay “The Creation of an Unbridgeable Divide.

 

Video Highlights

The oldest synagogue in Damascus City is hit during regime shelling of Jobar Neighborhood http://youtu.be/nqgWJSkzwSU

Rebels in Damascus Suburbs, take loyalists prisoners in the town of Khan Shaikh http://youtu.be/Vv5vSe6QNfU

Islamist Rebels rig a car in preparation for an attack on a loyalist militia position in Kneiseen http://youtu.be/F3EL1373wCw

The battle for Daraa City intensifies as rebels seek to liberate the entire southern parts of Syria and complete their siege of Damascus http://youtu.be/_EmnYqbKgTY , http://youtu.be/hYZfjwsGwOw

The battles around the town of Heesh, Idlib intensify http://youtu.be/u-fNs9L39xs The pounding of nearby Bsheiriyeh by regime forces intensifies as well http://youtu.be/LUyhogiHQk8 , http://youtu.be/O6P3NVQbw_E , http://youtu.be/9HW2-T9JSbU

Iran Responds to U.N. Special Report on Human Rights

By Justin Dorman
Impunity Watch Reporter, Middle East

TEHRAN, Iran – The former foreign affairs minister of the Maldives, Ahmed Shaheed, recently delivered his latest United Nations report on Iran’s human rights record. Iranian delegation leader and Iranian Human Rights Council head Mohammad Javad Larijani disputed basically all of the complaints in the report.

Mohammad Javad Larijani attacks the UN Special report for being based foreign value systems, the word of terrorists, and US bribes. (Photo Courtesy of the International Campaign for Human Rights in Iran)

Shaheed stated “that the prevailing situation of human rights in Iran continues to warrant serious concern, and will require a wide range of solutions that are both respectful of cultural perspectives and mindful of the universality of fundamental human rights.”

Mohammad Javad Larijani believes that human rights are subjective and not universal. He views such U.N. reports predicated on universal principles as a cultural invasion on the Iranian way of life. Similarly, his brother, Iranian Chief Justice Ayatollah Sadegh Larijani considers Iran’s ratification of the December 1948 Universal Declaration of Human Rights to be a “mistake.”

Iran was charged with detaining individuals on bogus charges, torturing detainees, permitting marital rape, and systematically persecuting those of the LGBT community.

Regarding the charges and the torture, Mohammad Javad Larijani claims that Shaheed relied on the testimony of convicts who belonged to terrorist factions. Larjani insists they were given their day in court and received due process before being convicted on counts of “contact with foreign media and the office of the UN Special Rapporteur” and “propaganda against the regime.”

With respect to the treatment of those in the LGBT community, Iran in 2013 takes a similar stance to that of the American medical community prior to 1974. The official stance in Iran is that homosexuality is a disease. Larijani stated that, “we consider homosexuality an illness that should be cured. We don’t consider it acceptable to beat or mistreat homosexuals, either.”

While Iran does not condone the beating of homosexuals, the alleged “disease” is punishable by death according to the fatwas declared by Iranian clerics. Iran also has executed individuals who have been found guilty of committing sodomy. Those men who were executed were married. Unmarried men who engage in the same act may only face stern prolonged lashings. Furthermore, even the ‘passive’ recipient of the sodomy can be executed. This punishment may be received regardless of whether he was a consensual participant or one who was raped.

Besides for debating the concept of universal rights and discrediting Shaheed’s report for taking the word of terrorists, Larijani also criticizes the Special Rapporteur for taking bribes from the United States State Department. He believes that everything written in the report is designed to achieve some result that comports with the interests of the United States.

For further information, please see:

Guardian – Iranian Human Rights Official Describes Homosexuality as an Illness – 14 March 2013

International Campaign for Human Rights in Iran – Denial and Personal Attacks: Iran’s Larijani Responds at the UN – 12 March 2013

World Politics Review – Human Rights Deteriorate in Iran as Elections Approach – 12 March 2013

Unrepresented Nations and Peoples Organization – Ahwazi: UNHRC Condemns Iranian Delegate for Attacking UN Special Rapporteur – 11 March 2013