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

By Emily Schneider
Impunity Watch Reporter, Middle East

MANAMA, Bahrain – Hundreds of protestors in Bahrain were forcibly dispersed by police who were using water canons and tear gas on Friday. The crowd gathered after hearing that Mohammed Ali Ahmed Mushaima, 23, had died in custody. He was jailed after pro-democracy protests last year.

Mushaima was one of thousands to partake in protests in Bahrain in March 2011, following the example of those in Tunisia and Egypt.  The protestors in Bahrain were rallying for more power for their elected officials and a more limited role for the ruling al-Khalifa family.  Many of the dissidents were from the Shia majority and would prefer the Sunni al-Khalifa family to have less power. Some Shi’ites complain of discrimination in almost all aspects of government functions, including housing, jobs, and education.

In an effort to curb protests in the spring of 2011, martial law was enacted for two months. Clashes between protestors and government authorities continued almost daily in spite of those measures.  Mushaima was taken into police custody in March 2011 for “vandalism, rioting, assaulting a police officer and resisting arrest.” He was sentenced to seven years in jail and had been in the hospital since August. According to Bahrain’s Information Authority ‘s written statement, a medical examiner determined “[his] death [to have been] natural and caused by sickle cell complications.”

Opposition activists claim that Mushaima died because the authorities mistreated him. After the memorial service held for him on Tuesday, hundreds of protestors gathered to again rally for a bigger role for their elected officials.  As they headed towards Pearl roundabout, the site of the large protests last spring, police intervened. According to witnesses, riot police were deployed to the area and used tear gas, water canons, sound bombs, and buckshot against the crowd.

The interior ministry, in a statement made on Twitter, said that a “group of terrorists” threw Molotov cocktails at police and blocked access to streets, and so the police used “legal measures” in response.

This was the second time police forces have violently clashed with protesters in recent days. Last Friday, a seventeen-year-old was killed after he allegedly threw a Molotov cocktail at a police patrol. The Bahrain Center for Human Rights said the incident is an example of “summary executions” by government forces.

For further information, please see:

Rueters – Police Clash with Protestors in Bahrain – 5 October 2012

Al Jazeera – Protestors Clash with Police in Bahrain – 5 October 2012

CNN- Police, Protestors Clash after Funeral – 2 October 2012

Gulf Daily News- Rights Panel Seat a Vote of Confidence – 29 September 2012