News

Jordans Parliament Elects PM for the First Time

By Ali Al-Bassam
Impunity Watch Reporter, Middle East 

AMMAN, Jordan — For the first time in Jordan’s history, its Prime Minister was appointed under a recommendation by Parliament.  Previously, the position was decided by King Abdullah II.

 

Abullah Ensour was selected by Jordan’s Parliament, a first for the country, to continue serving its Prime Minister. (Photo Courtesy of Al Jazeera)

Under the new process, Ensour was selected by the king after Parliament put forward two names to him last Saturday.  King Abdullah II then selected Ensour, who collected the most votes in Parliament.  King Abdullah II heralded the elections, the Parliament, its new found involvement in selecting a prime minister, and the significant step Jordan took in creating a more participatory political system.

Prime Minister-designate, Abdullah Ensour retains the position after having been selected by King Abdullah II earlier as a “caretaker Prime Minister.”  Ensour was originally selected by the king because of he believed that Ensour would reform for the government and quell the tensions of the Jordanian people that were sparked by the Arab Spring, rigged elections and a government that was said to be corrupt.

However, since October, Ensour saw his popularity drop significantly.  Originally expecting to retire from politics and receive a hefty pay-out, he will now have the opportunity to continue making reforms to a government that he criticized when he was a member of the opposition.  In November, Ensour’s government raised gas prices as part of an economic plan necessary to instill so Jordan could receive a loan from the International Monetary Fund.  The move set off street riots and demonstrations throughout Jordan.  Critics believe that Ensour’s government will continue to raise prices in an effort to revive the Jordan’s economy, one of the poorest countries in the Middle East.  Critics believe that these actions will lead to more street protests.  “There was an opportunity to restore some trust in government. We missed that chance,” said Hassan Barari, an independent economist and commentator, of the election. “We were a divided society before the elections.”

Ensour is expected to name his new cabinet in the coming days.  The king will then swear the new cabinet in and Parliament will install it with its vote of confidence.  In a letter to Ensour, written by King Abdullah II, he requested Ensour and his incoming cabinet to “pursue further liberalization and decentralization,” without mentioning specific issues.  In his letter, the king mentioned that the cabinet should focus on targeting government bureaucracy, which has been marred with nepotism, corruption, and inefficiency. “We also want a white revolution in the public sector to improve its performance and skills, ensure transparency and better service to citizens…”

For further information, please see:

Al Bawaba — Same old PM Marks Radical Change for Jordan — 10 March 2013

Jordan Times — PM-Desigante Enters Talks with MPs over Cabinet Make-Up — 10 March 2013

Wall Street Journal — Jordan Appoints New Prime Minister — 10 March 2013

Al Jazeera — Jordan’s Parliament Chooses PM for First Time — 9 March 2013

In an Unprecendented Event ICC Drops Charges Against Kenyan Official

By Hannah Stewart
Impunity Watch Reporter, Africa

THE HAGUE, Netherlands — The International Criminal Court (ICC) dropped charges against Francis Muthaura, who had been accused alongside Kenya’s presidential election winner Uhuru Kenyatta for his involvement in the 2007 post-election violence that resulted in the death of more than 1,000 individuals.

Cabinet Secretary Francis Muthaura appears at the International Criminal Court in The Hague on April 8, 2011. (Photo Courtesy of CNN)

Muthaura, along with Kenyatta, faced charges for allegedly orchestrating post-election violence five years ago.  He was charged with crimes against humanity, murder, rape, illegal deportation, and for his alleged involvement in deadly violence that erupted after his country’s presidential election.

His defense attorney called the ICC prosecution “utterly flawed” after prosecutors dropped their case due to a dearth of evidence.

This marks the first time in its 10-year history that charges brought before the ICC have been withdrawn so close to trial.  As such, lawyers for president-elect Kenyatta, who won last week’s elections, said the corresponding charges against him should now be dropped.

It remains unforeseen what effect this event will have on president-elect Kenyatta’s impending trial, scheduled for July.  Some speculate that dropping of charges against top a top Kenyan civil servant like Muthaura could impact Kenyatta’s trial.

The decision to drop the case against Muthaura was an unprecedented admission of failure by ICC prosecutors.  However, Chief Prosecutor Fatou Bensouda stressed that the case against Kenyatta would continue. “This decision affects Mr. Muthaura’s case alone,” she said.

Bensouda said her hand was forced after witnesses died, were killed or bribed and Kenyan authorities failed to live up to their pledges to cooperate.  She said some witnesses were too scared to testify, while another had recanted his statement.

Furthermore, she accused Kenyan authorities of failing to fulfill their public pledges to fully cooperate with ICC during its investigation of the post-election violence.

Muthaura, a former civil service chief, was on the same side as president-elect Kenyatta during the disputed 2007 election, after which more than 1,000 people were killed and about 600,000 were left homeless.

In a written statement, Bensouda pledged her “unwavering commitment” to justice for victims of the post-election violence.

“The real victims of the terrible violence in Kenya five years ago are the men, the women, and the children, who were killed, injured, raped, or forcibly displaced from their homes — and whose voices must not be forgotten,” she said. “I will not forget them.”

For more information, please see:

BBC News – Francis Muthaura: ICC Drops Case Against Kenyan Accused – 11 March 2013

CNN – ICC Drops Charges Against Former Kenya Official – 11 March 2013

The Guardian – ICC Prosecutors Drop Case Against Kenyan Politician Francis Muthaura – 11 March 2013

The Washington Post – ICC Prosecutors to Drop Charges Against Kenyan Cabinet Secretary Francis Muthaura – 11 March 2013

 

Reform Needed for Detainees in UAE

By Justin Dorman
Impunity Watch Reporter, Middle East

ABU DHABI, United Arab Emirates – Human Rights Watch has just released a report criticizing the United Arab Emirates for their treatment of ninety-four detainees. The poor treatment has impacted the detainees health and may have a further detriment to the administration of their justice.

Ninety-four individuals have pleaded not guilty to attempting to overthrow the government in the United Arab Emirates. (Photo Courtesy of Your Middle East)

The defendant detainees reported serious mistreatment. They had reported being held in solitary confinement for extended periods of time. Additionally, they faced constant exposure to fluorescent lights, which served to deprive them asleep. Furthermore, they were subjected to inadequate heating, and “hooding and blindfolding” whenever they were transported. Other detainees even reported being punched repeatedly and denied medical care.

The ninety-four detainees are all being held on state security charges of attempting to overthrow the government. The group of defendants included academics, doctors, lawyers, and judges who were believed to have developed a covert network to raise money in order to stage a coup. The ninety-four detainees are allegedly members of the Islamist group al-Islah and have supposed ties to the Muslim Brotherhood who were allegedly providing knowledge and money for the coup.

Attorney General Salem Saeed Kubaish has said that, “they launched, established and ran an organisation seeking to oppose the basic principles of the UAE system of governance and to seize power.”

Eighty-four of which were marshaled into court to make their pleas. All eighty-four pleaded not guilty. Twelve of these eighty-four individuals were women. The charges were largely based on two confessions that were allegedly extorted under duress of two of the detainees.

Ahmed al-Suweidi, one of the two men who had previously confessed, proclaimed his innocence and begged to the court that, “I know that what I’m going say may cost my life, but I deny the charges and I ask the court to protect my life and the life of my family.” There is a serious fear amongst human rights groups that these detainees are not given the opportunity to receive a fair trial. Evidence cannot be utilized that was manufactured under duress.

The UAE authorities kept a bunch of journalists and other international spectators from entering the courtroom. Middle East director at Human Rights Watch, Sarah Leah Whitson astutely observed that “The UAE authorities seem intent on keeping this trial as much under wraps as they can.”

The prosecutors are due to introduce their first witnesses when the trial continues on March 18th.

For further information, please see:

Human Rights Watch – UAE: Ensure Safety of 94 on Trial – 11 March 2013

NPR – Rights Group: UAE Must Investigate Torture Claims – 11 March 2013

CNN – Trials of 94 Detainees Accused of Plotting to Overthrow Government Start in UAE – 5 March 2013

Al Akhbar – 94 Defendants Plead ‘not Guilty’ of Attempted Coup in UAE Trial – 4 March 2013

Postponed Posthumous Trail Pushes For Comparable Magnitsky Act in EU

By Alexandra Sandacz
Impunity Watch Reporter, Europe

MOSCOW, Russia – On Monday, a Russian court postponed the posthumous trial of a dead lawyer, Sergei Magnitsky, who accused law-enforcement authorities of massive corruption.

A guard stands at an entrance to the Tverskoi district court. (Photo Courtesy of RFE/RL)

In 2008, Magnitsky was jailed for tax evasion. However, the charges arose after he claimed several officials and organized criminals conspired to claim $230 million in tax rebates. Suspiciously, while awaiting trial, Magnitsky died in prison of untreated pancreatitis. The Russian presidential council on human rights said that Magnitsky was deliberately denied medical treatment and most likely beaten.

While Magnitsky’s trial is the first posthumous prosecution in Russian legal history, the judge in the Tverskoi district court quickly adjourned the trial until March 22 to give the court-appointed defense team additional time to prepare evidence.

Magnitsky’s family and their lawyers refused to attend last week’s pre-trial hearing because they believe the case in simply politically motivated.

Natalya Magnitskaya, his mother, stated, “It’s inhuman to try a dead man. If I take part in this circus, I become an accomplice to this. I won’t take part in the hearings.”

The European Parliament said the prosecution was “a violation of international and national laws and clearly shows the malfunctioning of the Russian criminal justice system”.

As a consequence of Sergei Magnitsky’s death, the United States passed a law, which provides for asset freezes and visa bans on Russian officials who violate human rights. This law was meant to push the European Union to pass a similar law.

William Browder, CEO of the investment firm Hermitage Capital where Magnitsky worked in Moscow, affirmed, “After the passage of the Magnitsky Act in America, our single biggest priority became the passage of the same act in Europe. The American action was extremely significant because it set the precedent, but the European action will be even more material to the Russians because they keep orders of magnitude more property and money in Europe.”

Kristiina Ojuland, a member of the European Parliament from Estonia, said, “Russians consider themselves, really, like a part of Europe – European. And therefore it’s significant that Europe reacts, not only [to] the Magnitsky case, but in broader terms, reacts against this corrupt, black money that is flying into the EU countries.”

She continues to explain that Russian officials frequently engage in vacationing, shopping, and educating their children in EU countries. As a result, they are also more likely to keep money in European banks. Therefore, asset freezes and visa bans in Europe would hit Russian officials considerably harder than similar sanctions in the United States.

In order for EU-wide sanctions to come into effect, all 27 member states would need to agree to them.

For further information, please see:

BBC News – Trial of Dead Russia Lawyer Sergei Magnitsky Delayed – 11 March 2013

RFE/RL – Magnitsky Trial Quickly Adjourned – 11 March 2013

RFE/RL – Push For Magnitsky Sanctions Intensified In Europe – 11 March 2013

The Washington Post – Trial of Dead Russian Whistleblower Sergei Magnitsky Postponed in Moscow – 11 March 2013

Congolese Army May Lose UN Support Due to Human Rights Violations

By Ryan Aliman
Impunity Watch Reporter, Africa

KINSHASA, Democratic Republic of the Congo – The United Nations announced that it will suspend its support to two battalions of the Congolese armed forces (FARDC) which reportedly have been involved in several human rights violations including mass rapes.

National army soldiers of the Democratic Republic of the Congo. (Photo courtesy of UN News Centre/IRIN/Eddy Isango)

For the past three months, the UN Organization Stabilization Mission in DRC (MONUSCO) has been investigating Minova, North Kivu, and neighboring towns. The mission’s report reveals that two units of the FARDC engaged in mass rapes, among other human rights violations. It found out that at least 126 women were raped in Minova after Congolese army soldiers fled to the town to avoid M23 rebels who seized the nearby province of Goma.

“Many rapes were committed. We have investigated, we have identified a number of cases and we demand that the Congolese authorities take action legally against those people,” a UN official told the press last week. According to him, the UN has demanded the government of the Democratic Republic of the Congo (DRC) to prosecute the soldiers involved in these crimes. Otherwise, the official added, the DRC army will lose the support of U.N. peacekeepers.

“Since nothing sufficient has happened at this stage we have already put two units of the armed forces of Congo on notice that if they do not act promptly we shall cease supporting them,” he said. “They have to shape up.”

So far, MONUSCO has sent the Congolese Armed Forces Chief of Staff a second and final injunction to initiate the formal suspension of support to these two units. MONUSCO has not yet received a response.

“MONUSCO is continuing to advocate with Congolese authorities at the highest level to ensure that the alleged perpetrators, including FARDC commanders, be brought to justice and held accountable,” said UN spokesperson Martin Nesirky. “The Mission will maintain, together with other partners, its support to Congolese judicial authorities to pursue their investigations and will offer its support for any trial to be held,” he added.

MONUSCO was mandated by the UN to protect civilians and supports operations by the Congolese army. As of today, there are more than 17,000 peacekeepers deployed in Congo.

Reports say that the UN peacekeepers have been “stretched thin” by the M23 rebellion. This has led the UN Security council to consider creating a special intervention force that aims to “search and destroy” M23 rebels, as well as other insurgents in the country.

M23 rebels took over the eastern part of the DRC last year, accusing the government of failing to honor a 2009 peace deal.

 

For further information, please see:

UN News Centre – UN calls for suspension of DR Congo military units involved in mass rapes – 8 March 2013

UN Radio – UN mission in DR Congo to suspend support to two battalions – 8 March 2013

UPI – U.N.: Congo soldiers perpetrated mass rape – 8 March 2013

790 KGMI – U.N. threatens to stop working with Congo army units accused of rape – 7 March 2013