By Brittney Hodnik
Impunity Watch Reporter, North America

WASHINGTON, United States – Some of the most fundamental rights protected by the United States are laid out in the First Amendment of the Constitution: freedom of religion, speech, press, assembly, and petition.  Interestingly, religious groups seem to enjoy more protection than non-religious groups nowadays; specifically, atheists across the country are facing discrimination.  Most recently, a Pennsylvania judge ruled in favor of a disgruntled Muslim who allegedly attacked an atheist at a Halloween parade.

On October 11, 2011 in Mechanicsburg, Pennsylvania, Ernie Perce, a self-proclaimed atheist participated in a Halloween parade.  According to CNN, Perce was dressed as a “Zombie Mohammed,” wearing a long fake beard, a white turban, and green face paint.  A fellow member of “The Parading Atheists of Central Pennsylvania” was dressed as a zombie-themed pope, an apparent jab at the Catholic religion.

During the parade, a Muslim man named Talaag Elbayomy allegedly attacked Perce, grabbing him, choking him, and attempting to take an unsavory sign off Perce’s neck.  He was charged with harassment based on Perce’s claims and went to court, according to CNN.

On December 6, to many a surprise, District Judge Mark Martin dismissed the case saying that it was one person’s word against another’s, and that a video clip of the incident was inadmissible, according to The Huffington Post.

Judge Martin said there was not enough evidence to proceed, but did not stop his commentary there.

Judge Martin told Perce that “you have that right, but you’re way outside your boundaries of first amendment rights,” reported The Huffington Post.  He went on, “[T]his is why we are referred to as ugly Americans, because we are so concerned about our own rights we don’t care about other people’s rights as long as we get our say . . . .”

He also told Perce his actions against the tenets of Islam made him “look like a doofus,” according to The Washington Post.  Perce believes that his “lack of belief” played a role in the judge’s decision.

Scholars and rights groups alike found the judge’s comments shocking.  According to The Huffington Post, Jonathan Turley, a law professor at George Washington University wrote, “[Judge Martin’s] legal views seem grotesquely out of place.”  A blog post by the group American Atheists said, “That a Muslim immigrant can assault a United States citizen in defense of his religious beliefs and walk away a free man, while the victim is chastised and insulted . . . is a horrible abrogation.”

Judge Martin defended his actions saying that he is not biased towards Islam and that he has always fought to preserve the right to freedom of speech.  According to CNN, Judge Martin spent 27 years in the military and has spent over two total years in Iraq and Afghanistan where he learned much about the Muslim culture.

He reiterated that he dismissed the case because there was not enough evidence to show that Elbayomy was guilty beyond a reasonable doubt and that is it.  However, he expanded on his courtroom speech by saying, “With rights come responsibilities.  The more people abuse our rights, the more likely that we’re going to lose them.”

The Washington Post reports that Judge Martin stands by his decision and would not do anything differently, even considering the hundreds of calls he has received in the last week.

According to CNN, former terrorism prosecutor Andrew C. McCarthy accused the judge of allowing the Muslim suspect to “invoke a Sharia defense – what he claimed was his obligation to strike out against any insult against the prophet Mohammed.”

Turley (the professor from George Washington Law) went on to say that the decision is “greatly disturbing to people that believe in free speech.”  According to CNN, he continued, “You can say things that are hurtful to others.  We hope that you don’t, but you most certainly can be protected.”

As for Elbayomy, he admitted in court to approaching Perce and laying his hands on him.  He said that he took his kids to watch the parade and when he saw Perce pass by he was “shocked” because he could not believe what he was seeing, according to LF Press.  He said, “I teach my kids how to respect everybody.  Any religion, it doesn’t matter what your religion . . . I teach them to be respectful for everybody.”

At the time, Elbayomy believed that it was illegal for Perce to mock Mohammed, according to LF Press.  He actually went to a police officer himself to report Perce’s costume and actions.

Perce and other atheists throughout the country remain upset about the comments Judge Martin made in the decision.  Many believe – beyond the dismissal of the case – that the six minute lecture telling Perce how bad he was offending Islam was out of line.

For more information, please visit:

CNN — Judge’s Dismissal of Atheist’s Harassment Claim Against Muslim Makes Waves — 28 Feb. 2012

The Washington Post — PA Judge’s Dismissal of  Harassment Case Criticized After ‘Zombie Muhammad’ Posts Trial Audio — 28 Feb. 2012

The Huffington Post — Pennsylvania Judge Dismisses Case Against Muslim Accused  of Attacking Atheist Dressed as ‘Zombie Muhammad’ — 27 Feb. 2012

LF Press (London) — ‘Zombie Muhammed’ Alleges Muslim Attack — 27 Feb. 2012

Fox News — Pennsylvania Judge Dismisses Case of Attack on ‘Zombie Mohammad’ — 24 Feb. 2012

By Brittney Hodnik
Impunity Watch Reporter, North America

WASHINGTON, United States – For the past four to five years, the New York City Police Department (“NYPD”) has engaged in surveillance of Muslim students who have committed no crimes.  The Associated Press announced this week that the NYPD has followed Muslim students enrolled in colleges and universities all throughout the Northeast.  The ACLU, college representatives, and students all think that the surveillance is completely unwarranted and inappropriate, amounting to a violation of the students’ rights.

The Associated Press revealed these secret programs, explaining that the NYPD worked with the CIA to monitor Muslims at schools, restaurants, shops, and even places of worship.  The Associated Press also reports that the NYPD put undercover officers in Muslim student associations in colleges in the city.

At first, the report only detailed surveillance of schools within the city limits such as City College, Brooklyn College, and St. John’s University along with at least five others. 

Now, documents show that there has been extensive surveillance at campuses all over the Northeast, not just limited to New York.  Many of the SUNY schools (including Albany, Buffalo, and Stony Brook) were observed along with private universities such as Syracuse University, Clarkson University, and Rutgers University in New Jersey.  Even the ivy-leagues Yale, Columbia, and the University of Pennsylvania were not spared the watching eye.

The Huffington Post reported about Adeela Khan, a student at the University of Buffalo, who was a victim of NYPD’s surveillance.  After logging into her email and forwarding a message about an upcoming Islamic conference to fellow members of her Muslim group at school, the NYPD created a file.  The file was marked “SECRET” in large red letters and went all the way to Commissioner Raymond Kelly’s office, according to The Huffington Post.

Yale President Richard Levin described the surveillance as “antithetical to the values” of Yale University and those of the nation, reported CNN.  Newark Mayor Cory Booker said he would never have condoned the investigation had he or anyone in his police department known it was going on.  The Associated Press reports that he finds the investigations “deeply offensive.”

However, New York Mayor Michael Bloomberg on Tuesday supported the NYPD’s surveillance.  After serious uproar from school presidents and civil rights groups, the mayor struck back defending the department.  “We have to keep this country safe,” he told reporters.

According to CNN, Bloomberg went on, “If people put things on websites and make them available to everybody, of course the NYPD is going to look at anything that’s publicly available in the public domain . . . And given we’ve had a dozen people arrested or convicted of terrorist acts who’ve come from similar organizations, we have an obligation to do so.”

Even after Bloomberg’s statements, Booker’s sentiments were not the same in New Jersey.  “We really want to be clear: This type of activity is not what the Newark PD would ever do,” Booker told the Associated Press.  New Jersey Governor, Chris Christie also refused to support the NYPD investigations, telling the Associated Press that it is “disturbing” and that he did not know it was going on.

Reportedly, student groups were specifically chosen because they tend to attract young Muslim men, a demographic that terrorist groups frequently target.  So what do the students think?

Tanweer Haw, chaplain of the Muslim Student Association at Syracuse University spoke with The Huffington Post.  He said, “I see a violation of civil rights here . . . Muslim students want to have their own lives, their own privacy and enjoy the same freedoms and opportunities that everybody else has,” he said.

However, some students do not share the same feelings of violation.  Ali Ahmed a student at City College understands the NYPD’s concern, according to The Huffington Post.  Ahmed was part of a white water rafting trip where an undercover officer accompanied the group to monitor its actions.  “I can’t blame them for doing their job.  There’s lots of Muslims doing some bad things and it gives a bad name to all of us, so they have to take their due diligence,” he told The Huffington Post.

In addition, Khan, the female college student who was targeted for forwarding an email is undecided on the issue.  She told The Huffington Post, “It’s just a waste of resources, if you ask me.  I understand why they’re doing it, but it’s just kind of a Catch-22.  I’m not the one doing anything wrong.”

Mayor Booker seemed to sum up one side of the argument in a statement emailed to media: “If this is indeed what transpired, it is, I believe, a clear infringement on the core liberties of our citizenry.  I strongly believe that we must be vigilant in protecting our citizens from crime and terrorism but to put large segments of a religious community under surveillance with no legitimate cause or provocation clearly crosses a line.”

The problem really puts into question the American values that Muslim students are here to enjoy.  With opinions on both sides of the spectrum, it will be interesting to see what else transpires.  The constant struggle to find a balance between safety and freedom will continue.

For more information, please visit:

Associated Press — Newark Mayor: NYPD Muslim Files ‘Deeply Offensive’ — 22 Feb. 2012

The Huffington Post — NYPD Spied on Muslim Students at Yale, All Over the Northeast — 22 Feb. 2012

Newark Patch — Update: NPD Had No Knowledge of Muslim Surveillance, Booker Says — 22 Feb. 2012

CNN — New York’s Bloomberg Defends City Surveillance of Muslims — 21 Feb. 2012

 

By Brittney Hodnik
Impunity Watch Reporter, North America

MEXICO CITY, Mexico – President Felipe Calderon created a billboard asking the United States to stop the flow of weapons into Mexico.  The access to automatic weapons significantly contributes to the extensive violence in Mexico.  The message is in English and can be seen from the United States.

According to Fox News, the billboard weighs three tons and it was constructed from seized guns and other weapons.  It was placed on an international bridge in Ciudad Juarez.  President Calderon gave a speech while unveiling the billboard, urging the United States to stop the flow of weapons across the border.

CNN reports that Ciudad Juarez has become Mexico’s murder capital.  It is just across the border from El Paso, Texas where many guns – specifically automatic weapons – cross the border every day.  The United States has expressed interest in helping Calderon fight the drug wars; he says the most helpful move would be to stop the gun trafficking across the border.

Calderon went on to describe the trafficking as “inhumane” according to CNN.  Beyond the weapons, Calderon urged the United States to cut back on its drug consumption as well.  He said, “We need your help to stop this violence.  We need you to reduce your consumption of drugs and to dramatically reduce the flow of money to criminal organizations in Mexico.”

Although more than 140,000 weapons have been seized since December 2006 when Calderon took office, more than 47,500 people have been killed since then, according to The Associated Press and government reports.  Drug related violence is a huge problem in Mexico and the access to automatic weapons fuels the issue.

Calderon does acknowledge and praise President Obama’s attempts at reducing the flow of automatic weapons from the United States to Mexico, but emphasized that it is still not enough.

Recently, the United States Bureau of Alcohol, Tobacco, Firearms and Explosives carried out a “Fast and Furious” operation that only exacerbated the problem, according to the LA Times.  The operation was supposed to serve the purpose of tracking the flow of illegally purchased American guns.  The effect was just to allow hundreds of weapons into Mexico without being intercepted, reports CNN.

Calderon’s somewhat-theatrical presentation will hopefully get the message across to U.S. lawmakers.  Calderon wants to see stricter laws to prevent the ease of access to automatic weapons.

For more information, please visit:

Associated Press — ‘No More Weapons!’ Billboard Placed on US Border — 17 Feb. 2012

CNN — Mexico’s President to  U.S.: ‘No More Weapons’ — 17 Feb. 2012

Fox News Latino — Mexico Billboard to US: No More Weapons! — 17 Feb. 2012

LA Times — Mexico to U.S.: ‘No More Weapons!’ — 17 Feb. 2012

 

By Brittney Hodnik
Impunity Watch Reporter, North America

HAVANA, Cuba – Cuban blogger, Yoani Sanchez continues her fight to share information freely throughout her country.  Her “Generation Y” blog has been up and running since 2007 which criticizes the majority in Cuba and promotes more freedom for her people.  Last week, Cuba retaliated against Sanchez’s expression and did not allow her to leave the country to speak at a conference in Brazil.

According to Amnesty International, Cuba’s migration authorities denied the activist an exit permit – a white card – for the 19th time in four years.  Usually, no reason is given for this denial.  Javier Zuniga, Special Advisor to Amnesty International is quoted as saying, “The Cuban government’s repeated denial of exit permits to critics like Yoani Sanchez can only be seen as retaliation for the expression of their legitimate political views and activism.”

Brazil was showing a special screening of a documentary on freedom of expression in Cuba and Honduras and wanted Sanchez to speak at the event.  Brazil had already issued Sanchez a visa to enter the country according to the Havana Times.  Her peaceful protest tactics were highlighted and commended in the documentary.

Sanchez is kept under strict surveillance by Cuban State Security but has never been charged with any crime, as reported by the Havana Times.  Fidel Castro previously called her the leader of a group of “special envoys of neo-colonialism, sent to undermine” the Castro brothers’ rule, according to Financial Times.

Sanchez tweeted about her understandable frustration after being denied exit for the 19th time.  According to Amnesty International she said, “I feel like a hostage kidnapped by someone who won’t listen or give explanations.  If all this effort helps to shine a light on the migratory absurdity we Cubans are trapped in, then it was worth it.”  She has over 200,000 followers on Twitter, mostly Cubans who find hope in her words.

The country has recently recognized her on EcuRed – Cuba’s equivalent of a Wikipedia page, according to the Associated Foreign Press.  She is described on the website as a “cybermercenary,” and she is praised for accepting “other prizes and recognition from openly counter-revolutionary and far-right groups,” according to the EcuRed entry.

As reported by the Financial Times, Sanchez said, “I never want to become bitter.  I tweet, I blog, I write.  I wake happier than most.  Every day is a new scenario.”  Anyone can follow her blog by clicking here.

For more information, please visit:

Associated Foreign Press — Cuban ‘Wikipedia’ Includes Entry for Dissident Blogger — 8 Feb. 2012

Financial Times — Cuban Blogger Riles with Her Weapon of Words — 7 Feb. 2012

Amnesty International — Cuban Blogger Blocked From Travelling to Film Premiere in Brazil — 6 Feb. 2012

Havana Times — Yoani Sanchez Grounded as Castro Flies — 3 Feb. 2012