By Ali Al-Bassam
Impunity Watch Reporter, Middle East

SANA’A, Yemen — Lawyers representing victims and family members of those who died in last year’s Friday of Dignity Massacre have requested that the appellate court in Sana’a add the names of thirteen defendants to a list of others who were potentially involved in the tragic event.  The slaughter took place on March 18, 2011, when more than fifty people were killed during a protest for reform near Sana’a University.  Charges were also filed against former President Ali Abdullah Saleh.  He lost control of Yemen during last year’s revolution.

Among those charged is Saleh’s nephew, Yehya Abdullah Syed, who still holds a senior position in the country’s central security services.  He is charged with “inciting and participating in the killing of young protesters.”  The list of defendants also includes others affiliated with the former president, such as his top aides, who are also accused of playing a part in attempting to quell last year’s revolution.  Former Interior Minister Motahar Rashad Al-Masri and the former Head of Central Security Services, Abdulmalik Al-Taieb, were also named.

On the day of the massacre, gunmen, who witnesses described as hired “thugs” working for Saleh, shot at protesters from the rooftops around a square at Sana’a University, killing 52 and wounding many others.  Relying on eyewitness accounts, lawyers alleged on Saturday that the gunmen were driven to the site in cars bearing presidential license plates.  The act was scorned and condemned by Western powers and human rights groups.  Hundreds of people were killed during the revolution. It ended when Saleh promised to leave office after he accepted a Gulf-brokered power transfer deal that offered immunity from prosecution for himself and his aides.

Faisal Al-Majid, a member of the prosecuting team that represents the victims and their families, said that even though Saleh bargained for immunity when he left office, it does not mean that an investigation cannot be carried out.  He also claims that Saleh could still be brought to trial.

“U.N. Charters don’t allow human rights-related crimes to be exempt from prosecution,” said Al-Majid.  “We will see in the next days the seriousness of the Yemeni judiciary in dealing with this issue in a fair and effective way.”

Youth groups who want to see Saleh and his former aides stripped of their immunity continue to stage rallies.  Mohammed Saeed Al-Sharabi, a pro-democracy protester who witnessed the carnage, labeled the trial a “farce,” believing that it will not result in jail time for Saleh or anyone else who is immune from prosecution.

“Many revolutionaries are completely unsatisfied with this trial.  How are they conducting a trial while the main defendants are released?”  he asked.

The next hearing in this case is scheduled for November 23.

For further information, please see:

The News International — Yemenis Demand Saleh Trial — 14 October 2012

Yemen Times — Lawyers Seek to put Ousted Saleh on Trial — 14 October 2o12

Al Jazeera — Families of Killed Yemenis Demand Saleh Trial — 13 October 2012

Khaleej Times — Yemenis Demand Saleh Trial — 13 October 2012

By Emily Schneider
Impunity Watch Reporter, Middle East

Middle East – Ayman al-Zawahiri, al Qaeda’s top leader, allegedly called for more protests against offensive depictions of the prophet Mohammed and praised the attack on the U.S. Consulate in Libya last month, according to a recently released audio recording.

Individuals around the Muslim world protested against “Innocence of Muslims,” an anti-Islam movie produced in the United States in the weeks after September 11. The video, which had been available online since July, went viral following the anniversary of the September 11 tragedy and sparked violent reactions throughout the Middle East.

Although many protests were peaceful demonstrations against the offensive depiction of the prophet Mohammed, quite a few protestors blamed the United States government for the film. The low-budget film was privately produced. U.S. officials have condemned the video, stating that it in no way reflects the views or opinions of the government and it was not sanctioned by Washington.

In Egypt, 224 people were injured in protests, according to the Health Ministry. In Yemen, demonstrators were able to breach embassy security and storm the grounds, where they burnt the American flag before being repelled by security forces. In Pakistan, mobs ransacked banks, cinemas, and government offices. Demonstrations also took place in Lebanon, Malaysia, and Bangladesh.

But the most troubling attack occurred in Benghazi, Libya, where four members of the U.S. Embassy were killed, including Christopher Stevens, the U.S. Ambassador to Libya. U.S. officials initially believed the attack on the U.S. mission compound was part of the demonstrations taking place immediately outside the compound. The protest was sparked by the “Innocence of Muslims” video and modeled after similar protests that took place in Cairo earlier that day.

But as more information has become available, U.S. officials have reevaluated their original assumption. It seems now, that the incident was not a spontaneous overflow of the protests, but instead an organized and deliberate, albeit opportunistic, attack. Officials now believe that “extremists” used the protests in Benghazi as a diversion to launch their attack on the compound.

“In the immediate aftermath, there was information that led us to assess that the attack began spontaneously following protests earlier that day at our embassy in Cairo,” Shawn Turner, spokesman for Director of National Intelligence James Clapper, said. “As we learned more about the attack, we revised our initial assessment to reflect new information indicating that it was a deliberate and organized terrorist attack carried out by extremists.”

Now, over a month since the first protests, demonstrations outside U.S. embassies are declining. Al-Zawahiri’s address to “free and distinguished zealots for Islam,” lauding those who have taken part in the demonstrations thus far, was posted on Islamic websites early Saturday and calls for a renewal of the protests.

Although the authenticity of the recording cannot be completely confirmed, al-Zawahiri offered a similar message in his last video in September, when he condoned violence in Syria. That video, entitled “The Lion of Knowledge and Jihad: martyrdom of al-Sheikh Abu Yahya al-Libi,” was released on September 11, 2012 and marked his thirteenth statement of the year. In that video, he confirmed the death of Abu Yahya, who was killed by a U.S. drone in Pakistan.

In the latest recording, al-Zawahari stopped just short of claiming responsibility for the attack on the U.S. compound in Benghazi. He did, however, offer support and praise to those who orchestrated the attack.

“May God salute the free honest believers who stood up and stormed the American Consulate in Benghazi and those who demonstrated in front of the American Embassy in Cairo and brought down the American flag and raised the banner of Islam and Jihad instead,” Ayman al-Zawahiri said in the recording.

“In the pretext of personal freedom and freedom of expression, America allowed the production of a movie that was aimed to defame the beloved prophet Mohammed, even though this alleged personal freedom that they boast about didn’t stop the Americans from torturing the Muslim prisoners” at U.S. facilities, the audio recording says.

“I call upon [protestors] to continue their confrontation against the American Zionist crusader transgression and I call upon all Muslims to follow their leads,” he said.

For further information, please see:

CNN- In Message, al Qaeda Leader Purportedly Calls for More Protests – 13 October 2012

The Guardian – Al-Qaida Leader Calls for Holy War on US and Israel over Anti-Islamic Film – 13 October 2012

RT.com – Al-Qaeda Leader Calls for More Anti-US Protests – 13 October 2012

CNN – What We Know About the Libya Attack – 14 October 2012

CNN – Death, Destruction in Pakistan Amid Protests Tied to Anti-Islam Film – 21 September 2012

Al Jazeera – Hate Video, Muslim Protests and Dignified Responses – 20 September 2012

BBC News – Anti-Islam Film Protests Spread Across Middle East – 13 September 2012

By Justin Dorman
Impunity Watch Reporter, Middle East

CAIRO, Egypt – In Egypt, every step President Mohammed Morsi takes towards rectifying a past injustice is accompanied by another step, of his own, in the opposite direction. Morsi recently issued a general amnesty decree that pardoned all political protesters who have been imprisoned since January 2011.

The pardon mainly affects those who were detained for “supporting the revolution” between January 25, 2011 and June 30, 3012, when Morsi began his presidency. Such individuals were mainly civilians who were tried in military courts on charges of possession of weapons, violating curfew, damaging property, and even “thuggery.”  Although this decree frees many detainees, it does not extend to everyone.

It does not cover any individual who has been convicted of murder. While such an exception seems reasonable on its face, it still holds serious implications on the right of an Egyptian to have a fair trial. Approximately 1,100 civilians will remain in jail after being found guilty of charges like murder, rape, theft, embezzlement, and use of force with weapons in military courts.

“Military courts cannot be used to try any civilians and those imprisoned after military trials must be referred for re-trial before the ordinary judiciary or released,” said Amnesty International’s Deputy Director of the Middle East and North Africa Programme, Hassiba Hadj.  “Equality before the law means that all Egyptians have the right to a fair trial regardless of the nature of the accusations.”

Amnesty International urged Morsi to take further steps in fighting impunity. Though Morsi created a committee to investigate the killings of protesters under Hosni Mubarak and the Supreme Council of Armed Forces (SCAF), little of any substance has resulted from this review. Only three soldiers were convicted of manslaughter when dozens of Coptic Christians were killed in last year’s Maspero protests, and only one member of the riot police is being tried for death and injury to protesters.

What President Morsi is actively trying to do is replace Attorney General Abdel-Meguid Mahmoud, regardless of the removal violating Egyptian law. The Attorney General is supposed to be insulated from political pressures, so his removal is prohibited unless he consents to it. Despite this, Morsi has appointed Mahmoud as the country’s ambassador to the Vatican and named Abdul Aziz the new Attorney General. This action came days after Mahmoud, a Mubarak appointee, failed at obtaining judgment against twenty-four members of the Mubarak regime for their connection with the “Battle of Camel.”

Yesterday, Morsi supporters congregated in Cairo’s Tahrir Square to protest these acquittals. Similarly, anti-Morsi protesters went to Tahrir Square to demonstrate against the Muslim Brotherhood’s monopolization of Egypt’s new constitution. The anti-Morsi activists were the first to the square but were kicked out because of their chants. Eventually, they came back in greater numbers, but were then surrounded when more Morsi supporters showed up. After the two factions chanted at each other for hours, violence inevitably broke out.

“They trapped us from both sides after attacking our stage where we were chanting,” claimed Ibrahim El-Sheikhh, an anti-Morsi protester. “As they beat me, they chanted Allahu Akbar [God is Great] and said they’d kidnap me, but I managed to escape. This is the Muslim Brotherhood.”

Additionally, it was reported that stones and Molotov cocktails were thrown as the opposing protesters clashed in Tahrir Square.

For further information, please see:

Alazma – Decision to Sack the Attorney General Spark a Conflict Between Judges and Mercy . . Hundreds of Judges Calling for “Public” to Refuse Emergency Impeachment .. The News Confirmed the Appointment of Abdul Aziz in Office – 12 October 2012

Guardian – Tahrir Square Clashes pit Mohmaed Morsi Supporters Against Opponents – 12 October 2012

Al Jazeera – Egypt’s Morsi Pardons ‘Revolutionaries’ – 9 October 2012

Amnesty International – Egypt: President Must go Beyond Decree and Carry out Greater Human Rights Reform – 9 October 2012

By Justin Dorman
Impunity Watch Reporter, Middle East

SANA’A, Yemen – While the reaction to the American-made film Innocence of Muslims has certainly cooled down when compared to the massive riots that swept the Middle East a month ago, anti-American sentiment is still alive and well in Yemen. Qassem Aqlan, a Yemeni security official to the U.S. Embassy in Sana’a, was killed Thursday. Many believe he was overseeing the investigation into last month’s attack on the embassy.

Aqlan had been a security official there for almost two decades. He was assassinated by a masked gunman on a motorcycle. Aqlan was on his way to work and was not far from his home. The shooting occurred on Siteen, a main street in the capital that many consider to be one of the safest in the entire country.

“We are deeply saddened by this tragic incident involving a Yemeni employee of our embassy in Sana’a, and we are working with Yemeni authorities,” a senior official in the U.S. State Department told reporters.

It is still unknown who was behind the killing. Yemeni officials believe it to be the work of al Qaeda in the Arabian Peninsula (AQAP), who have been blamed for many attacks that have taken place in in the coastal country. A senior Interior Ministry official stated that “[m]otorcycle attacks are currently al Qaeda’s main tactic” because they, “are easier for terrorists to coordinate and plan for.” The U.S. government currently regards AQAP as the most dangerous offshoot of the al Qaeda network.

Backed by the United States, Yemen has been on the offensive to push AQAP out of the mountainous areas in the south, where the group has been performing murders and suicide missions. The government believes the recent assassination of Aqlan to be a means of retaliation. It also also thinks that AQAP has been behind numerous other recent attacks on Yemeni intelligence, military, and security officials. Just two weeks ago, Colonel Abdullah al-Ashwal, a top intelligence official, was murdered in a drive-by assassination.

The anti-Muhammad film, Innocence of Muslims, incensed Muslims all across the Middle East. AQAP has attempted to use that sentiment to its advantage by calling for attacks on U.S. embassies. When Christopher Stevens, the U.S. Ambassador to Libya, was killed at the U.S. consulate in Benghazi, AQAP extolled it as, “the best example” for those attacking embassies to follow.

It appears as if no one is safe from harm if you are connected to the U.S. Embassy in Yemen, or an investigation into attacks on it. It does not matter if you are Yemeni or Muslim.

An official was quoted saying that Aqlan’s death, “sends a message that if you’re working with the Americans you’ll be targeted no matter who you are.”

For further information, please see:

Alsahwa – Investigation Officer of U.S. Embassy Assassinated in Sana’a – 11 October 2012

CNN – Security Official for U.S. Embassy in Yemen Killed – 11 October 2012

Guardian – Yemeni Security Official for US Embassy Killed in Drive-by Shooting – 11 October 2012

Middle East Online – Gunmen Kill Yemeni Security Staff at U.S. Embassy – 11 October 2012

By Ali Al-Bassam
Impunity Watch Reporter, Middle East

TRIPOLI, Libya — Last Wednesday, a lawyer representing Seif Al-Islam Gaddafi, son of slain Libyan leader Muammar Gaddafi, warned the International Criminal Court (ICC) that he would be hanged if he is tried in Libya instead of at The Hague.  Melinda Taylor, a court-appointed lawyer for Gaddafi, said in a public hearing in the Netherlands, that the Libyan courts will “not be motivated by a desire for justice but a desire for revenge, and there is no right for revenge under international law.”  A hearing to determine whether Gaddafi should be tried in Libya or at The Hague convened on Tuesday.

The ICC has wanted to try Gaddafi since June of 2011, but the new Libyan regime has repeatedly refused to hand him over and would rather try him in its own courts.  Libyan lawyers say that they have enough evidence to convict Gaddafi for crimes against humanity.  They also said that although Libya will be committed to granting him a fair trial, a “complicated process” exists in the country that requires “more time.”

Taylor believes that Gaddafi’s right to a fair trial will be violated if he is tried in Libya.  He has been held in isolation in the hilltown of Zintan since November 19, 2011.  Taylor told the ICC that if it allows Libya to try him, there would be a risk of the trial’s being rigged to secure his conviction. She believes that such a decision would risk harming the ICC’s reputation. Taylor also cited a law passed by the Libyan National Transitional Council (NTC) that said that “no child of Gaddafi will ever benefit from leniency.”

The case against Gaddafi tests the principle foundation of the ICC: that it is the court of last resort, to used when a country is unwilling or unable to prosecute defendants.  Judges must weigh the new regime’s desire to try Gaddafi against its ability to do so.  The nation continues to rebuild after more than four decades under Muammar Gaddafi’s rule.  Foreign Policy reports that if the judges are to side with Libya in this matter, it will signify their recognition that the country’s ability to keep Gaddafi in custody also shows that it is willing and able to prosecute him.  Siding with Libya could also be viewed as an implicit endorsement of the death penalty.  Deciding where Gaddafi should be tried could take weeks or months for the judges to determine.

The UN believes that 15,000 people were killed during the revolution, but the new Libyan regime estimates that figure to be as high as 30,000.  The ICC is the only permanent criminal tribunal established to try genocide, crimes against humanity, and war crimes.

For further information, please see:

Al Jazeera — Gaddafi Lawyers fear ‘Revenge’ Trial in Libya — 10 October 2012

BBC News — Libya Trial for Saif Al-Islam Gaddafi ‘Would Damage ICC’ — 10 October 2012

Naharnet — Seif Al-Islam ‘Would be Hanged in Libya’, Defense Tells ICC — 10 October 2012

Foreign Policy — No Winners in ICC – Libya Standoff — 8 October 2012