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News of Death Sentences for Football Rioters Leads to More Rioting

By Justin Dorman
Impunity Watch Reporter, Middle East

CAIRO, Egypt  – The death sentences for twenty-one individuals deemed responsible for the February football riots of last year have been upheld. Twenty-four others, including two police officers were sentenced to jail, while twenty-eight others were acquitted. The court’s ruling was televised throughout Egypt, and was met by much protest.

Protesters set football stadium ablaze in Port Said after verdict upholds twenty-one death sentences. (Photo Courtesy of BBC)

The football riots occurred in Port Said during February 2012 when the local Al-Masry squad was taking on Cairo’s out-of-town, Al-Ahly. When the game ended, a majority of Al-Masry supporters stormed the pitch, while the police locked the stadium gates, turned off the electricity, and kept away from the violence. Many who tried to escape the stadium were trampled in the process. Seventy-four people died as a result of the riots. Most of the deceased were supporters of Al-Ahly.

After the verdict was announced, hundreds of Al-Masry supporters congregated outside of the local government headquarters of Port Said calling for independence. Football fan Mohamed Ataya said that, “what we need now is to separate from the rest of the country,” after describing how his friend was given jail time for “helping to carry the dead outside the stadium.” Others thought the towns inhabitants were “scapegoated” in the verdict, and yearned for the military enforced curfew to be removed.

Many in Port Said attacked the Egyptian Football Federation and set it ablaze. Others in Port Said released docked speedboats in an effort to block the Suez canal before the military intervened. There has been only one reported death so far.

The police of Port Said locked themselves in the safety of their station. Since the trial began a month ago, at least fifty people have died. Most of these deaths have come as a result of police gunfire. Police forces in ten of Egypt’s twenty-nine provinces have gone on strike to demonstrate against President Morsi’s use of the police in quashing protesters.

In Cairo, supporters of Al-Ahly rejoiced upon first hearing of the court’s result, but then quickly became angered. While they initially were happy that more Al-Masry supporters were sentenced, they were enraged that only two out of the nine police officers, who were charged, ended up convicted. Many believe that the police’s actions in locking the gates and turning off the lights contributed tremendously to the deaths of those seventy four individuals.

Many Al-Ahly supporters attempted to block Cairo’s important October Bridge. Two other protesters were killed in Cairo by police. One died after inhaling tear gas while the other’s life was taken by bird shot. These deaths are said to have been unrelated to the football trial.

For further information, please see:

Al Jazeera – Deadly Egypt Riots Follow Football Verdicts – 9 March 2013

BBC – Unrest in Egypt Over Port Said Football Riot Sentences – 9 March 2013

Guardian – Egyptian Court Confirms Death Sentences for Port Said Football Rioters – 9 March 2013

Daily Star Lebanon – Clashes in Egypt Port Said as Police Move Prisoners – 3 March 2013

Criminal who Committed Crime as Minor may be Executed Tomorrow in Yemen

By Justin Dorman
Impunity Watch Reporter, Middle East

SANA’A, Yemen– The humanitarian organizations Human Rights Watch and Amnesty International have pleaded with Yemeni President Abdu Rabu Mansour Hadi to save the life of Mohammad Abd al-Karim Mohammad Haza’a. Haza’a, who may have been a minor when he was convicted, has been sentenced to death, and is scheduled to be shot by firing squad tomorrow morning.

The execution by firing squad of Mohammad Abd al-karim Mohammad Haza’a for a crime he committed when he was a juvenile is set for tomorrow, March 9th. (Photo Courtesy of Amnesty International)

Haza’a was first found guilty of murder in August 1999 by the Court of First Instance in Taizz. He was only sentenced to imprisonment and a payment of blood money, known as diya, because Haza’a was found to be seventeen at the time the crime was committed.

Under international law, states are strictly prohibited from utilizing capital punishment as a sanction against a minor who has committed a crime. Where a convict’s age is disputed, a presumption will arise in favor of finding the convict a minor. Any action would be stayed contingent on an investigation into the truth.

Nevertheless, on appeal, the appellate court amended Haza’a’s sentence to the death penalty. Because the dissenting judge believed that Haza’a was a child when he committed the murder, the judge refused to sign onto the decision.

Despite the uncertainty, the Supreme Court affirmed the decision of the Appeals Court in April of 2008. The Supreme Court made no effort to re-examine what Haza’a’s age was when he committed the murder.  

The child rights researcher for Human Rights Watch, Priyanka Motaparthy, has urged the president of Yemen not to allow the carrying out of Haza’a’s sentence, which Hadi had inherited from previous president, Ali Abdullah Saleh’s consent.

Haza’a was originally set to be executed last week. His death was delayed a week due to the persistent efforts of groups like Amnesty International, Human Rights Watch, and the Seyaj Organization for Childhood Protection, to stop the capital punishment, while evidence of his juvenile age exists.

If Haza’a is killed tomorrow, he will not be the first Yemeni minor to have been served with capital punishment. As a result of imprecise records and bad rulings, other minors have been sentenced to death. Currently, Haza’a is one of one hundred eighty criminals facing a death sentence for a crime committed by one when the criminal was a juvenile.

Other countries who have executed juveniles in the past five years include Iran, Saudi Arabia, and Sudan.

For further information, please see:

Amnesty International – We Wish to Inform you That Tomorrow you Will be Executed – 8 March 2013

Human Rights Watch – Yemen: Halt Execution of Alleged Juvenile Offender – 8 March 2013

Yemen Post – In Response to Sejay’s Appeal, Taiz Court Suspends Death Penalty Against Juvenile – 27 February 2013

Tymoshenko Defender Stripped of MP Mandate and Immunity

By Madeline Schiesser
Impunity Watch Reporter, Europe

KIEV, Ukraine – Serhiy Vlasenko is no longer a member of the Ukrainian parliament, or Rada.  He was stripped of his seat Wednesday, and the immunity from prosecution that goes with it.  Although Ukraine’s Highest Administrative Court claims that the reason Vlasenko was removed was because he illegally combined the occupations of legislator and lawyer, many believe the move was politically motivated.  Vlasenko is a member of the opposition party, Batkivshchyna, and acted as an attorney, for free, for jailed former Prime Minister Yulia Tymoshenko.

Serhiy Vlasenko was stripped of his parliamentary mandate and immunity from prosecution in a politically motivated attempt to prevent him from defending former PM Tymoshenko. (Photo Courtesy of RFE/RL)

The court acted on a motion from Party of Regions political ally, Speaker Volodymyr Rybak, of current Prime Minister Viktor Yanukovich, which claimed that Vlasenko acted as a lawyer while holding office, a banned act.

Vlasenko has claimed that the Party of Regions desires his arrest in order to deprive Tymoshenko of a qualified legal defense.  He further says that he is aware of at least three criminal charges already against him.

However, opposition leader Arseniy Yatseniuk has promised that the Batkivschyna party plans to take all possible measures to prevent Vlasenko’s arrest.  “We will do everything so that Vlasenko is not arrested, including with the assistance of our Western partners,” he said on Thursday.

According to Member of the European Parliament Rebecca Harms, if Vlasenko is arrested and jailed, an Association Agreement between the European Union and Ukraine currently under discussion will not be signed.  Hams further emphasized that if the Ukrainian government continues to employ selective judgment of political opponents, the European Union would introduce sanctions against the Ukrainian authorities.

European Commissioner for Enlargement, Stefan Fuele, condemned the ruling, saying via Twitter: “Stripping a parliamentarian of his mandate like being done in case of Vlasenko is not European way. Does this bring Ukraine closer to EU?”

The United States State Department has also spoke out against the treatment of Vlasenko, saying efforts to deprive Vlasenko of his seat in parliament “appear to be politically motivated due to his connection with Tymoshenko.”  The State Department further noted that Vlasenko is not the first lawmaker to be forced out of Ukraine’s parliament.  Last month a Ukrainian court annulled the parliamentary mandates of two independent lawmakers: Pavlo Blaloha and Oleksandr Dombrovsky.  The United States called on the Ukrainian government to end “politically motivated prosecutions of opposition leaders and to abide by their international commitments to the rule of law and democracy.”

Former PM Tymoshenko has notably been a political adversary of current PM Yanukovich, of the Party of Regions.  In 2004, she led the Orange Revolution protests that stopped his first bid for the presidency.  However, in 2011, she was jailed on abuse-of-office charges, and now faces tax evasion and embezzlement charges, as well as suspicion of involvement in a political murder.  She claims she is innocent of all charges and that they are merely revenge from Yanukovich’s political camp.

Vlasenko remains undeterred by the loss of his parliamentary mandate.  “Today’s court decision does not influence my status as a defense counsel in the case of Yulia Tymoshenko. I will continue to defend her as before,” he said Wednesday.  “I realize that their goal was not just to withdraw my mandate – their goal was to stop me,”

For further information, please see:

Kyiv Post – Yatseniuk: Opposition to do Everything to Prevent Vlasenko’s Arrest – 7 March 2013

Kyiv Post – European Lawmaker: If Vlasenko Jailed, Ukraine-EU Association Agreement Won’t be Signed – 7 March 2013

Ukraine Business – Vlasenko Remains Tymoshenko’s Defender – 7 March 2013

The Independent – Ukrainian Defense Lawyer is Stripped of Seat – 6 March 2013

Returns – Ukraine Court Strips Tymoshenko Ally of Parliament Seat – 6 March 2013

RFE/RL – U.S. ‘Deeply Concerned’ Over Anti-Opposition Moves In Ukraine – 6 March 2013

HRW Report Details Persisting Horrors of Child Marriage in South Sudan

By Ryan Aliman
Impunity Watch Reporter, Africa

JUBA, South Sudan – On Tuesday, Human Rights Watch (HRW) released a report urging the South Sudanese government to increase efforts to protect girls from child marriage.

Sixteen-year old Akuot was beaten for three days after she refused to be married off to an old man who offered a dowry of 200 cows. (Photo courtesy of Voice of America/Brent Stirton/Reportage for Human Rights Watch)

In the 95-page report, “‘This Old Man Can Feed Us, You Will Marry Him:’ Child and Forced Marriage in South Sudan,” the human rights group reveal that almost half of South Sudanese girls between 15 and 19 are married, with some marrying as young as age 12. Most of these girls are married off by their families against their will. This practice, according to HRW, “exacerbates South Sudan’s pronounced gender gaps in school enrollment, contributes to soaring maternal mortality rates, and violates the right of girls to be free from violence, and to marry only when they are able and willing to give their free consent.”

One girl among the 87 who were interviewed told HRW that her relatives pressured her to marry in exchange for the dowry. “I refused him but they beat me badly and took me by force to him. The man forced me to have sex with him so I had to stay there,” she said as she recalled her experience.

When asked why they did not ask for help, most of the girls replied that they did not know that they had the right to do so. The other girls added that if they resisted from being married off, they would “suffer brutal consequences at the hands of their families – including verbal abuse and physical assault, and sometimes even murder.”

“Girls who have the courage to refuse early marriages are in dire need of protection, support, and education,” said Liesl Gerntholtz, HRW women’s rights director. “The South Sudan government must make sure that there is a coordinated government response to cases of child marriage and more training for police and prosecutors on the right of girls to protection.”

The HRW report suggested some courses of action the government can take such as: setting 18 as the minimum age for marriage; ratifying the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), the Convention on the Rights and Welfare of the Child (CRC), and other human rights treaties; and passing comprehensive family legislation on marriage, separation, and divorce.

“The global problem of child marriage strips women and girls of their livelihoods and creates a high risk of violence,” Gerntholtz pointed out. “South Sudan’s government must make good on its pledges of gender equality by putting human rights of women and girls at the heart of its development agenda,” she added.

 

For further information, please see:

All Africa – South Sudan: End Widespread Child Marriage – Government Should Protect and Support Girls Who Refuse Forced Marriage – 7 March 2013

Oye! Times – Human Right Watch Report Calls For An End To Child Marriage – 7 March 2013

Sudan Tribe – South Sudan: End widespread child marriage – 7 March 2013

Voice of America – End Child Marriage, Rights Group Tells South Sudan – 7 March 2013

UNICEF Report Reveals ‘Systematic’ Abuse of Palestinian Children by Israeli Prisons

By Ali Al-Bassam
Impunity Watch Reporter, Middle East

JERUSALEM, Israel — The United Nations Children’s Fund (UNICEF) published a 22-page report last Wednesday claiming that the ill-treatment of Palestinian children in Israeli detention centers “appears to be widespread and systematic.”

 

A report by UNICEF states that Palestinian children detained in Israeli prisons are subjected to “cruel, inhuman, and degrading treatment or punishment.” (Photo Courtesy of Al Arabiya)

In its report, entitled “Children in Israeli Military Detention,” UNICEF estimates that about 700 children within the West Bank aged between twelve and seventeen were arrested by Israeli forces each year.  UNICEF says that this is a rate equivalent to “an average of two children each day.”  Figures provided for the month of January reveal that 233 children are currently in custody, and 31 of those children are below the age of sixteen.  However, a spokeswoman for Israel’s Prison Service said that currently, 307 Palestinian minors are in Israeli custody, 108 of them are serving a prison sentence.  The spokeswoman said that most of those children are between sixteen and eighteen, while the rest are under sixteen.

The report also stated that Israel is the only country in the world where children are systematically tried in military courts, deeming the practices as “cruel, inhuman, and degrading treatment or punishment.”   “Israel is the only place in the world where automatically, a child when he is under arrest, is put before a military tribunal,” said Jean-Nicholas Beuze, UNICEF’s regional advisor on child protection. “It does exist in other countries (but only) as an exception.”

The report states that the ill-treatment often begins with an arrest of the child, usually occurring in the middle of the night, then it continues through the prosecution and sentencing periods.  The report provides examples of abuse, such as “the practice of blindfolding children and tying their hands with plastic ties, physical and verbal abuse during transfer to an interrogation site, including the use of painful restraints.”  Children were rarely informed of their rights during questioning.

During questioning, the report states that minors are subjected to “physical violence and threats, are coerced into confessions, and do not have immediate access to a lawyer or family during questioning.”  UNICEF also pointed out that some cases existed where children suffered through prolonged exposure to the elements, and were not provided with an adequate amount of food, water, and did not had access to a toilet.

During the sentencing phase, children arrive to court shackled, are denied bail and imposition of custodial sentences, and are transferred outside of the occupied Palestinian territory to serve their sentences inside Israel.

UNICEF based its findings on more than 400 cases documented since 2009, legal papers and reports composed by both governmental and non-governmental groups, and through interviews with Palestinian minors, and Israeli and Palestinian officials and lawyers.

Israeli Foreign Ministry spokesman Yigal Palmor said that ministry officials along with the Israeli military cooperated with UNICEF.   Palmor said that Israel wants to improve its treatment of Palestinian minors held in custody. “Israel will study the conclusions and will work to implement them through ongoing cooperation with UNICEF, whose work we value and respect,” he said.

For further information, please see:

Al Arabiya — Israeli Ill-Treatment of Palestinian Minors ‘Widespread, Systematic:’ UNICEF — 6 March 2013

Al Jazeera — Israel Accused of Abusing Detained Children — 6 March 2013

The Daily Star — Israel Ill-Treatment of Palestinian Minors ‘Systematic’: UN — 6 March 2013

The Jewish Press — UNICEF: Israel Treatment of Arab Minors in Custody Cruel and Inhuman — 6 March 2013