Appeal Against Israeli Force-Feeding Law Rejected

September 19, 2016

by Yesim Usluca
Impunity Watch Reporter, Middle East

JERUSALEM, Israel — On Sunday, September 11^th, the Israel Supreme Court rejected the Israeli Medical Association’s appeal on the force-feeding law that had been passed in July 2015.

Photo of Palestinian prisoners (Photo courtesy of Middle East Monitor)

Through the appeal, the Israel Supreme Court authorized force-feeding prisoners who are on a hunger strike. The court held that the law is constitutional and “legal under Israeli and international law.” The judges stated that saving lives “remain a priority” as the state is “responsible for the lives of its prisoners.”

The Assembly of Palestinian Doctors in Europe issued a statement declaring that the force-feeding law amounts to a “legitimization of murder.” The Assembly asserted that the law violates the World Medical Association’s Declaration of Malta 1991, which states “forcible feeding is never ethically acceptable.” It further stated that force-feeding violates the 1975 World Medical Association Declaration of Tokyo, which provides that “force-feeding is a crime and form of torture.” The statement further drew attention to the potential risk of death involved with force-feeding, noting that several Palestinian prisoners had lost their lives as a result of this practice. The Assembly also urged international health institutions and human rights organizations, such as the United Nations, Red Cross, and Doctors Without Borders, to condemn the decision and pressure the government to repeal the law.

In recent years, numerous Palestinians initiated collective and individual hunger strikes. Some obtained an early release while others secured better incarceration conditions provided that they end their strike.

In July 2015, Israeli legislators voted to allow the force-feeding of hunger striking prisoners. The reasoning behind this legislation was to prevent Palestinian detainees from using fasting as a means of securing an early release from prison. Mr. Yoel Hadar, a legal adviser to the Ministry of Public Security, had stated that force-feeding would only be used in extreme cases and that Israeli doctors would not be compelled to comply. The law requires the prison commissioner to request the court’s permission to force-feed a prisoner “if a doctor recommends doing so,” and if there is an “imminent danger of severe deterioration in the prisoner’s health.” The law further stipulates that prison officials are allowed to use “reasonable force.”

Upon its passage, several human rights organizations had condemned the law. Palestinian prisoner rights activists declared that the law robbed detainees of their only means to protest incarceration. The Israeli Medical Association identified the move as “torture,” stating that force-feeding could not be accomplished without endangering the prisoner and causing suffering. United Nations officials also condemned the law, declaring that hunger strikes were a “non- violent form of protest used by individuals who have exhausted other forms of protest to highlight the seriousness of their situations.” The Ministry had stated that the decision was based on humanitarian concerns of preventing prisoners from harming themselves and pressuring Israeli authorities.

For more information, please see:

Middle East Eye — Israel court rejects appeal on force-feeding hunger strikers — 12 September 2016

AlJazeera — Israel rejects appeal against force-feeding prisoners — 11 September 2016

Palestine News Network — Israeli force-feeding law incitement to murder — 14 September 2016

Middle East Monitor — Israeli doctors urged to refuse force-feeding of hunger-strikers — 14 September 2016

The New York Times — Israel Allows Hunger-Striking Prisoners to Be Force-Fed — 30 July 2015

US Prisoners Launch a Nation-wide Strike in Protest of “Prison Slavery”

September 18, 2016

by Portia K. Skenandore-Wheelock
Impunity Watch Reporter, North America

UNITED STATES — On Friday prisoners in 40 prisons in at least 24 states went on a coordinated strike, refusing to do their assigned jobs, and are demanding an “end to prison slavery.” This is one of the largest prison strikes attempted in decades. The date of the start of the strike coincides with the 45^th anniversary of the 1971 Attica prison uprising. The Industrial Workers of the World’s Incarcerated Workers Organizing Committee (IWOC) and the Free Alabama Movement organized and announced the strike in a statement, “Slavery is alive and well in the prison system, but by the end of this year, it won’t be anymore. This call goes directly to the slaves themselves.”

Prisoners in states across the US went on strike Friday to protest the exploitation of their cheap, and sometimes even free, labor. (Photo courtesy of the Independent)

As state budgets have been cut the over 2 million prisoners in the United States have been a source of cheap, and in some states free, labor. New work programs have prisoners repairing public plumbing, doing underwater welding, cleaning up roadkill, and maintaining public spaces. Prisoners’ jobs also go beyond public works and services. Corporations, such as Starbucks, Wal-Mart, Victoria’s Secret, McDonald’s, IBM, and AT&T, have tapped into prison labor by making deals with both private and public prisons. Prisoner laborers make 12 to 40 cents per hour yet the annual dollar value of their work output is estimated to run in the billions. “We want people to understand the economics of the prison system. It’s not about crime and punishment. It’s about money,” says Melvin Brooks-Ray, founder of the Free Alabama Movement and an inmate for 17 years.

Since labor law does not consider prisoners employees, they are not allowed to unionize. IWOC is trying to change that and encourages prisoners to join without charging union dues. IWOC’s site says, “You cannot change this situation through a grievance process that doesn’t work…or through courts that are clearly against you…or through petitions to lawmakers who don’t care about you because you don’t vote…or through hunger strikes against prison officials who want you to starve…or through letters to newspapers who have ignored this situation for decades.”

Prisoners in different states have other demands beyond fair wages for their work, such as an end to long-term solitary confinement policies, poor healthcare, poor quality of food, violent attacks, overcrowding, fairer parole policies, and reinstating educational courses for high school diplomas. “Different prisoners have different goals and aims, it’s looking like it’s going to be a state-by-state thing,” said Brianna Peril, co-chair of IWOC and a former prisoner. In response to these non-violent strikes, many prisons are engaging in lockdowns and barring prisoners’ access to communication.

For further information, please see:

Democracy Now! – Nationwide Prison Strike Launches in 24 States and 40 Facilities Over Conditions & Forced Labor – 9 September 2016

The Guardian – Inmates Strike in Prisons Nationwide Over ‘Slave Labor’ Working Conditions – 9 September 2016

The Independent – Inmates Launch Massive Nationwide Strike to Protest ‘Modern Slavery’ in US Prison System – 9 September 2016

Vice News – Prisoners all Over the US are on strike for ‘an end to prison slavery’ – 9 September 2016

Wired – How to Organize the Largest US Prison Strike Ever…From Inside Prison – 9 September 2016

Ukrainian Government to Ban Blacklisted Russian Singers from Eurovision

September 17, 2016

By Sarah Lafen

Impunity Watch Desk Reporter, Europe

KIEV, Ukraine — The Ukrainian government has announced that it is planning to ban certain Russian artists from next year’s Eurovision Song Contest, which will be held in Kiev, Ukraine in May 2017. Ukraine is in the middle of an economic recession, however plans to spend $49 million on the competition through renovations to the host venue.

Crimean Tatar Jamala won the 2016 Eurovision Song Contest with her ballad about Stalin’s deportation of Crimean Tatars (Photo Courtesy of ABC).

This past year, a Ukrainian citizen named Jamala won the competition with a song about deportations of Crimean Tatar’s under the rule of Joseph Stalin. Crimean Tatars are ethnic Muslims who were accused by Stalin of collaborating with the Nazis. Stalin had them transported in cattle cars from Crimea to remote regions of the Soviet Union.

Ukrainian Culture Minister Yevhen Nyshchuk said that Russian singers who have been blacklisted by Ukrainian state security for supporting the separatist cause between Russia and Crimea would be banned from the competition if Russia chose them to compete. He noted that there are “many decent artists” in Russia who understand peace, however warns that Russia is capable of finding the would-be blacklisted singers and pushing them to win local competitions, which might lead to their entry in Eurovision. Nyshchuk would consider this action by Russia to be a “deliberate provocation.”

Anton Gerashchenko, a parliament member for the ruling party in Ukraine, wishes to uphold the ban against Russian media as well, stating that it is for “Ukraine to decide” whether to block certain Russian media groups from covering the competition.

There are currently 10 Russian singers and actors whose work has been banned from Ukrainian media for its support of the Crimea annexation and Russian separatists. Chicherina and Kobzon are two Russian singers who have been banned from physically entering Ukraine for performing songs that support Russia’s position in the Crimea annexation.

Jamala’s song in the 2016 event raised concerns in Moscow that the contest was charged by politics. For this reason, some Russians have suggested that Russia boycott the 2017 Eurovision altogether. There is still speculation regarding whether or not Russia will honor the ban, or will try to challenge it and send blacklisted artists to the competition.

For more information, please see:

EuroVisionary — Ukraine Confirms Russian Artists Still Banned From Entering 2017 Eurovision — 10 September 2016

ABC — Eurovision: Ukraine Names Names City to Host 2017 Song Contest — 9 September 2016

Reuters — Ukraine to Bar Some Russian Singers After Kiev Chosen to host Eurovision — 9 September 2016

EuroVisionary — Ukraine Threatens Russian Artists to Ban them from Eurovision 2017 — 21 May 2016

ICTJ: World Report August 2016 – Transitional Justice News and Analysis

September 15, 2016

ICTJ World Report
August 2016

In Focus

ICTJ Welcomes Historic Peace Agreement Between Colombian Government and FARC RebelsThe agreement represents “an historic opportunity for Colombian society to build a peaceful future on foundations of respect for human rights and the rule of law,” said David Tolbert, president of ICTJ. “We have for years worked in support of victims’ rights in Colombia and will continue to do so with renewed energy and hope.”

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World Report

AFRICAIn The Democratic Republic of Congo at least 36 people have been killed in the eastern part of the country by the Islamic armed group Allied Democratic Forces. Patrick Sabimana, security chief of warlord Sylvestre Mudacumura, was arrested in eastern DRC this month. Mudacumura has been wanted under an international arrest warrant since July 2012. In Côte d’Ivoire the trial of former first lady Simone Gbagbo for crimes against humanity was put on hold until October 10, after the former first lady complained she was too tired to proceed. Tens of thousands of people have fled a fresh outbreak of violence in South Sudan, reporting mass killings, looting and forced recruitment of child soldiers. On July 11, South Sudanese troops attacked aid workers, shooting a local journalist and raping several foreign women while UN peacekeepers stationed nearby did not respond to calls for help. In Mali, Ahmad al-Mahdi became the first defendant to plead guilty at the International Criminal Court. Al-Mahdi faces up to 11 years in prison for his destruction of monuments of great religious and cultural significance. The UN condemned attacks on peacekeepers in Mali earlier this month. In Nigeria 20 soldiers of the Nigerian Army have been arraigned over charges ranging from human rights abuse, murder and the sale of firearms in counter-insurgency warfare in Borno state. The United Nations urgedEthiopia to allow international observers into parts of the country hit by deadly clashes between security forces and protesters. These clashes resulted in the death of at least 49 people as authorities cracked down on anti-government unrest. Chad’s dictator Hissene Habré, sentenced to life in May for war crimes and crimes against humanity, was ordered by a court in Senegal on Friday to pay up to 30,000 euros to each of his victims. The UN Security council authorized the deployment of 228 police toBurundi to try to quell violence and human rights abuses in the country.

AMERICASColombia’s government and FARC invited 5 institutions and personalities – including ICTJ, the Pope and UN Secretary General Ban Ki-Moon – to participate in the selection of magistrates for their Special Jurisdiction for Peace. A recent poll found that 67.5% of Colombians would approve the peace deal. If the peace deal was to be vetoed in the plebiscite, individual elements of a peace deal with the FARCwould not be renegotiated according to the chief government negotiator. The US deportedGuatemala’s Santos Lopez Alonzo, a former soldier suspected of helping carry out a massacre in 1982 during the country’s civil war. Women’s rights campaigners and human rights groups in Peru havevowed to appeal a ruling that clears jailed former president Alberto Fujimori and his health ministers of criminal responsibility for a nationwide family planning program that resulted in thousands of forced sterilizations in the late 1990s. In Argentina, United States Secretary of State John Kerry said he willdeliver the first batch of declassified documents related to America’s role in Argentina’s 1976-83 military dictatorship, a seven-year period in which thousands of leftwing activists were murdered.

ASIAIn Nepal, The Truth and Reconciliation Commission (TRC) and the Commission of Investigation on Enforced Disappeared Persons (CIEDP) closed complaint registration this month, with over 60,000 cases collected in the last four months. Myanmar activists called for release of all political prisoners currently behind bars following the announcement that hundreds of people accused of “political” crimes would no longer face prosecution. In the Philippines more than 1,800 people have been killed in extrajudicial killings under new president Rodrigo Duterte. Duterte pledged to kill alleged drug dealers in his campaign. In Taiwan President Tsai Ing-wen of Taiwan offered a formal apology to aboriginal peoples for centuries of “pain and mistreatment,” and she promised to take concrete steps to rectify a history of injustice. She later reiterated her government’s commitment to transitional justice for indigenous people. In Bangladesh, a special tribunal for war crimes during the country’s independence war in 1971 sentenced a former lawmaker to death and seven others to life in prison on charges of murder and other crimes.

EUROPEIn Nepal, The Truth and Reconciliation Commission (TRC) and the Commission of Investigation on Enforced Disappeared Persons (CIEDP) closed complaint registration this month, with over 60,000 cases collected in the last four months. Myanmar activists called for release of all political prisoners currently behind bars following the announcement that hundreds of people accused of “political” crimes would no longer face prosecution. In the Philippines more than 1,800 people have been killed in extrajudicial killings under new president Rodrigo Duterte. Duterte pledged to kill alleged drug dealers in his campaign. In Taiwan President Tsai Ing-wen of Taiwan offered a formal apology to aboriginal peoples for centuries of “pain and mistreatment,” and she promised to take concrete steps to rectify a history of injustice. She later reiterated her government’s commitment to transitional justice for indigenous people. In Bangladesh, a special tribunal for war crimes during the country’s independence war in 1971 sentenced a former lawmaker to death and seven others to life in prison on charges of murder and other crimes.

MENAIn Tunisia, parliament passed a vote of no confidence in prime minister Habib Essid, who faced criticism from across the political spectrum. Youssef Chahed has been named as Essid’s successor, and recently named his cabinet. In Syria a new report from Amnesty International exposes horrific torture practices. In Iraq, UN Secretary-General Ban Ki-moon expressed deep concern about the safety of people who remain in ISIS’ captivity, particularly the thousands of Yezidi women and children, on the second anniversary of the seizure of Sinjar by the group. In Lebanon, a once-residential building-turned snipers’ lair will be transformed once more – this time into the country’s first publicly funded museum documenting the civil war— when it opens in September. On August 6, the Chouf regionmarked the 15th anniversary of the mountain reconciliation between Christians and Druze. Lebanese Forces leader Samir Geagea also marked the anniversary of the reconciliation, saying all parties must do everything in their power to avoid the recurrence of violence. In Yemen, a UN report concluded that the Saudi-led coalition fighting in Yemen deliberately bombed a house, killing four children, and that Houthi rebels used civilians as shields to avoid attacks. Yemeni government negotiators left peace talks in Kuwait after Houthi militia foes rejected a United Nations proposal aimed to ending their country’s war.

Publications

Recommendations for Victim Reparations in Côte d’IvoireCôte d’Ivoire is obligated to provide reparations to victims of both the political violence that shook the country following the 2010 presidential elections and the different episodes of political violence and armed conflict since 1990.

View Report

Handbook on ComplementarityWhere should justice for some of the world’s worst crimes be done? In national courts or at the International Criminal Court in The Hague? Our new Handbook on Complementarity explores those questions, laying out the interconnected relationship between the ICC and national court systems in the global fight against impunity.

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Upcoming Events

September 11 – 14, 2016

A Conflict? Genocide and Resistance in Guatemala Location:University of Southern California, USC Ray Stark Theatre View Details

October 01, 2016

70th Anniversary of the Verdicts of the International Military Tribunal Location:Nuremberg, Germany View Details

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Global Centre for the Responsibility to Protect: Atrocity Alert: Iraq, Syria and Burma/Myanmar

September 15, 2016

Atrocity Alert, No. 19

Atrocity Alert is a weekly publication by the Global Centre for the Responsibility to Protect highlighting and updating situations where populations are at risk of, or are enduring, mass atrocity crimes.

Iraq

On 18 August the UN Office of the High Commissioner for Human Rights (OHCHR) and the UN Assistance Mission for Iraq (UNAMI) published a new report: “A call for accountability and protection: Yazidi survivors of atrocities committed by ISIL.” The report concluded that the atrocities perpetrated by the so-called Islamic State “have been committed in a systematic and widespread manner, targeting and seeking to destroy the Yazidi group, in whole or in part.” OHCHR and UNAMI provided practical recommendations to the government of Iraq and the international community regarding accountability options, including calling on Iraq to accede to the Rome Statute of the International Criminal Court.

Populations at Risk: Iraq

Wathiq Khuzaie / IRIN Photos

Global Centre Statement Marking the Second Anniversary of the Genocide Against the Yazidi

Populations at Risk: Syria

Syria

Populations in Aleppo continue to endure indiscriminate aerial bombardments despite repeated calls by UN officials for all parties to agree to 48-hour humanitarian pauses to ensure safe, unimpeded access to all parts of Aleppo. During a 22 August UN Security Council meeting on the situation, several Council members expressed alarm at reports of the Syrian government and Russia using incendiary weapons in civilian areas while UN Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator Stephen O’Brien condemned the use of “double tap” attacks that put humanitarian workers at grave threat while attempting to rescue civilians. Referring to Aleppo as an “apex of horror,” Under-Secretary-General O’Brien asserted that the UN is prepared to send 50 trucks of assistance from western Aleppo into eastern Aleppo, as well as 20 additional trucks through cross-border operations, if they receive the necessary security assurances of a comprehensive pause in hostilities.

Burma/Myanmar

On 23 August the office of State Counselor Aung San Suu Kyi issued a press release announcing the establishment of an Advisory Commission on Rakhine State, chaired by former UN Secretary-General Kofi Annan. The nine-member Advisory Commission will initiate a dialogue with national and international stakeholders, including political and community leaders in Rakhine, to find “lasting solutions to the complex and delicate issues in the Rakhine State.” The new National League for Democracy government in Burma/Myanmar has faced increasing pressure to address discriminatory state policies and systematic persecution of the Rohinyga minority, more than 120,000 of whom remain segregated in internal displacement camps in Rakhine State. The UN High Commissioner for Human Rights has reported on widespread and systematic abuses against the Rohingya population that amount to crimes against humanity. The newly-formed Advisory Commission is expected to focus its investigation and recommendations on “humanitarian and development issues, access to basic services, the assurance of basic rights and the security of the people of Rakhine.”

Steve Gumaer

UN Photo/Mark Garten

Populations at Risk: Burma/Myanmar

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