By Mark McMurray
Impunity Watch Reporter, Middle East

MANAMA, Bahrain — On Wednesday, a Bahraini court postponed the verdict of 11-year-old Ali Hasan until July 5.  Hasan has been accused of participating in anti-government protests.

The prosecution accuses Hasan of assisting protesters by blocking a street with trash containers and wood last month during protests in Manama.  Hasan’s defense claims he is a child who was merely playing with friends in the street at the time.  Defense attorney Mohsen al-Alawi has called on the court to drop all charges.

Until he posted bail last week, Hasan was in prison, spending the last few weeks in custody awaiting his trial.  As a result of this incarceration, Hasan, a sixth-grade student, had to take his school exams behind bars.  During his time there, he roomed with three other children and was forced to clean the facility.

Hasan spoke with the Guardian newspaper by phone from his parents’ home in the Bilad al-Qadeem suburb of the capital.  “I cried all the time but I became friends with the other boys there and we could play for four hours every day – but had to spend all our other time in a locked room,” he said about his time in jail.

The day before his arrest, there was fighting between protestors and police near Hasan’s house.  Demonstrators used burning tires and trash cans to block the street.  The next afternoon, Hasan was on the street playing with friends when the police came.  “While we were playing there, some police forces came towards us which made us panic.  My friends managed to run away … but I was so scared by the guns they were carrying that I couldn’t move … and I was arrested,” he said.  Following his arrest, Hasan was taken to a variety of police stations where he was forced to confess to involvement in the protests.  “I was crying all the time. I told them I’d confess to anything to go back home,” he added.

On Wednesday, the government defended its handling of the Hasan case.  It concluded he was arrested for blocking a road, held in police custody for only six hours, and then transferred to juvenile detention for the next month.  The government contends that Hasan was paid by a man to cause trouble on the street.  Chief of Public Security Tariq Al Hassan said, “What is deplorable is how some older people will take advantage of vulnerable youth for their own political purposes.”

There have been some concerns surrounding Hasan’s case.  Mariwan Hama-Saeed of Human Rights Watch said, “He was not accompanied by a lawyer during his questioning [and] it seems the only evidence used against him is his own confession and the testimony of a police officer.”

Hasan’s case is just one of the more recent examples of the government’s crackdown on protestors since unrest began in Bahrain fifteen months ago.  The political unrest pits the Shiite majority, seeking a greater political voice, against the ruling Sunni dynasty.  Since the upheaval began in February 2011, more than 50 people have died.

For further information, please see:

AFP – Bahrain 11-year-old ‘to Hear Verdict on July 5’ – 20 June 2012

Washington Post – Bahrain Court Delays Verdict in Case of 11-year-old Who Allegedly Took Part in Protests – 20 June 2012

Guardian – Bahrain Puts Boy Aged 11 on Trial for Alleged Role in Roadblock Protest – 19 June 2012

By Ali Al-Bassam
Impunity Watch Reporter, Middle East

CAIRO, Egypt — As uncertainty surrounds the result of last Sunday’s presidential runoff, the Supreme Council of Armed Forces (SCAF) issued a declaration to retain the authority to exercise legislative powers until a new parliament is elected.  These powers include control over the budget, and over who writes the permanent constitution.  The organisation also retained the power of authority over the army, limiting the president’s power as commander-in-chief, only granting him the power to declare war with the military council’s approval.

The SCAF’s decision was made after it dissolved parliament, the majority of whose members were part of the Muslim Brotherhood.  The dissolution occurred after the Supreme Constitutional Court ruled last year’s legislative polls unconstitutional because party members contested seats in the lower house that were intended to be reserved for independents.

Its actions have been met with criticism.  Mohamed ElBaradei, a prominent political figure, believes they are a “grave setback for democracy and revolution.”  Former presidential candidate Hamden Sabahi considers them to be “a seizure of the future of Egypt.”

Mohammed Al-Assar, a general of the SCAF, assured those concerned with the power grab that it was temporary.  At a press conference, Al-Assar said “we’ll never tire or be bored from assuring everyone that we will hand over power before the end of June.”  Last Sunday, the group issued a decree stating that it will retain these powers until a new parliament is elected.

It is also likely that the next Egyptian president will have a short term, and will be replaced after a new constitution is drafted.  Sameh Ashour, head of the SCAF’s advisory council, said that “[t]he upcoming president will occupy the office for a short period of time, whether or not he agrees.  His office term will be short despite the huge efforts exerted in the election campaigns.”

A statement issued by the SCAF said that a “constitutional commission representing all segments of society” will have three months to draft a new constitution.  The organization will also have the power to veto anything in the new constitution it objects to as “contrary to the interests of the country.”  The group also holds the right to form a new constitutional commission if it believes there is a setback “preventing them from performing their work.”  Lastly, the declaration grants SCAF chief Marshall Hussein Tantawi “power to decide all matters within the armed forces, the appointment of its commanders, and the extension of their service.”

Yesterday’s runoff has been marred with confusion over the vote count as both Muslim Brotherhood candidate Mohammed Mursi, and former Prime Minister Ahmed Shafiq claimed victory.  The Brotherhood’s unofficial tally has Mursi winning 52.5 percent of the votes.  Shafiq accused Mursi of miscounting the votes, with his camp claiming that he had won with 52 percent.

The Brotherhood is critical of the SCAF’s decree, finding it “null and unconstitutional.”  Ahmed Abdel-Atti, Mursi’s campaign director, expects “popular action” against the group’s undertakings in the near future.

For further information, please see:

Albawaba — Egypt: Muslim Brotherhoods Claim Presidential Victory — 18 June 2012

Al Jazeera — Political Uncertainty Threatens Egypt — 18 June 2012

BBC News — Egypt’s Military Grants Itself Sweeping Powers — 18 June 2012

Reuters — Egypt Rivals Claim Presidency as Army Tightens Grip — 18 June 2012

By Melike Ince
Impunity Watch Reporter, Middle East

ANKARA, Turkey — A Kurdish man who is deaf, mute, and illiterate faces twenty-five years in prison in Turkey for allegedly taking part in protests that support terrorism.

On April 21, 2011, Mehmet Tahir Ilhan was on his way home from his job as a porter in the city of Mersin when he noticed protestors for the banned Kurdish Workers Party (PKK) conducting a demonstration.  With the help of a sign language interpreter, Ilhan testified that “A friend [of mine] gestured at me to join them but I refused.”   He added, “I did not throw rocks, Molotov cocktails or fireworks at the police.”  He was arrested at the protest and later released in Mersin, only to again be taken into custody in the province of Adana, an area that happened to be looking into the case.

Ilhan, who is married and father to six children, has been deaf and mute his entire life.  His lawyer, Tugay Berk, believes that the charges defy logic.

“It is impossible for my client to chant slogans,” said Berk.  “It is against logic and reason to charge a suspect, who is lacking the physical abilities to make propaganda on behalf of an organization, with such an accusation.  The fact that İlhan is being put on trial for making propaganda on behalf of a terrorist organization is tragicomic.  We request that this unlawfulness be ended immediately.”

The charges against Ilhan include committing a crime on behalf of a terrorist organization, making propaganda on behalf of a terrorist organization, and resisting arrest.  The evidence the prosecutor intends to use consists of Ilhan’s possession of half a lemon, which is known to ease the effects of tear gas.  Turkish Courts been known to convict with little evidence to support a charge.

It is an offense to show any public support for the PKK in Turkey, even though the use of these anti-terrorism laws has been controversial.  Over the last year and a half many Kurdish activists, journalists, and politicians have been detained under the long arm of these laws.  The Council of Europe stated their concern by noting that the laws were having a “chilling effect” on freedom of speech.

To encourage Kurdish moderates–and to isolate the more extreme members–the Turkish government has taken steps to bridge the gap between the two cultures with efforts, including the offering of Kurdish language classes in schools. But with the tension so high, some worry that the actions taken by Turkey’s judiciary will ultimately threaten the already hostile relationship.

For further information, please see:

BBC News — Turkey: Kurd with Lemon Accused of Supporting Terror — 15 June 2012

Global Post — Deaf, Mute & Illiterate Kurdish Man Faces 25-yr Jail Term in Turkey — 15 June 2012

Hurriyet Daily News — Deaf, Mute Man Faces 25 Years in Jail For Terrorist Propaganda in Turkey — 14 June 2012

Today’s Zaman — Prosecutor Demands 25 Years For Deaf Man Over Illegal Slogan — 14 June 2012

By Mark McMurray
Impunity Watch Reporter, Middle East

BAGHDAD, Iraq — On Tuesday, a bomb killed at least two people who were part of a Shia pilgrimage in honor of a revered imam.  The attack in the capital follows an attack earlier in the week which killed pilgrims making the annual trip.

The bomb attack hit pilgrims in the neighborhood of Saydiyah in Baghdad as they marched to a shrine built to commemorate the death of Imam Moussa ibn Jaafar al-Kadhim.  With the barrage of attacks leading up to the event’s climax on Saturday, there are fears of increasing tensions between Shia and Sunni Muslims.  The two groups have been in a deadlock, predominantly along sectarian lines, in Iraq’s coalition government.

Tuesday’s attack occurred after security was increased for devotees after a similar attack on Sunday killed seven pilgrims and wounded thirty-eight others.  On Sunday, two mortar rounds struck a square filled with Shia pilgrims in Baghdad’s northwestern Kadhimiya district, where they were gathering ahead of the religious festival.  In a bid to prevent further violence, security forces have been on high alert, tightening security around the al-Kadhim shrine.  The increased security for the event includes a vehicle ban and a search of anyone entering the area.

The annual pilgrimage marks the eighth century death of al-Kadhim, one of the twelve main Shia saints, who is said to be buried at the shrine.  In recent times, the al-Kadhim procession has been struck by tragedy.  In 2005, some one thousand pilgrims died following a stampede on a bridge caused by rumors of a suicide bomber.  Poor crowd control and the fear of attacks prevalent in Iraq were blamed as no explosives were found on the Bridge of the Imams, which leads to the golden-domed shrine.

U.S.-based SITE Intelligence Group, who monitors online communication amount insurgents, said an Al Qaeda affiliate in Iraq, the Islamic State of Iraq (ISI) group, claimed responsibility for the mortar attacks on Sunday.  The ISI group has also claimed responsibility for thirty-nine other attacks between March 24 and May 21.  These Sunni Islamist fighters with al-Qaeda links seek to create the kind of sectarian pressure that almost led to a civil war in the country in 2006.

The attacks come a week after a failed attempt to oust Shia Prime Minister Nouri al-Maliki from office.  Last Monday, the country’s president refused to ratify a petition for a vote of no-confidence in parliament.  This refusal has been seen as further proof of the political impasse present in the power sharing agreement between the majority Shias and minority Sunnis and Kurds.  With the pull-out of U.S. troops in December, this impasse has sparked a fear of unchecked, renewed violence occurring between the groups.

For further information, please see:

Washington Post – Bomb Targeting Shiite Pilgrims in Iraqi Capital Kills 2, Wounds 12, in Second Attack in Days – 12 June 2012

Fox News – Iraq Pilgrimage Security Tight After Mortar Attack – 11 June 2012

Pakistan News Tribune – Mortar Attack Kills 6, Wounds 38 in Iraq – 11 June 2012

Al-Jazeera – Iraq Mortar Attacks Kill Shia Pilgrims – 10 June 2012

by Ali Al-Bassam
Impunity Watch Reporter, Middle East

TRIPOLI, Libya — Since Thursday, four delegates of the International Criminal Court who were on a mission to visit Saif Al-Islam Gaddafi have been detained in the western mountain town of Zintan by Libyan authorities.

Libya claims that one of the delegates, an Australian lawyer named Melinda Taylor, part of the four-member delegation, was attempting to pass “dangerous documents” to Al-Islam Gaddafi, son of the slain former president Muammar Gaddafi.  Ahmed Al-Jehani, a Libyan lawyer and envoy to the ICC, said that authorities seized Taylor’s camera and recording device prior to her meeting with Al-Islam. Once inside, Libyan authorities claim she shared documents with Al-Islam that were potentially harmful to Libyan national security.  Al-Jehani also said that Taylor shared information and drawings which could jeopardize the safety of Libyans living abroad.

Jehani said that the documents included letters from Mohammed Ismail, a former right hand man to Al-Islam who has been in hiding since the Libyan revolution, and blank documents signed by Al-Islam.  He denied that Taylor and her colleagues were spending time in a prison cell, saying that she “is under house arrest, not detained in prison.  Jehani also said it is likely that she will be released soon.

Sang-Hyun Song, President of the International War Crimes Court, demanded the delegates’ immediate release, saying that as members of the court’s staff, the delegates hold immunity when on an official ICC mission.  The ICC recently sent representatives to Tripoli to secure the release of the detained delegates.  Efforts to free the delegates have been futile, as authorities in Zintan will not allow contact between ICC representatives and the detained delegates without further questioning.

The ICC named the three other staff members who were detained with Taylor: Helene Assaf, a Lebanese ICC translator and interpreter who is also being held as an “accomplice”; Esteban Peralta Losilla, chief of the Counsel Support Section at the ICC; and Alexander Khodakov, a Russian career diplomat and External Relations and Cooperation Senior Adviser at the registry of the ICC.

Al-Islam is currently being held by the Zintan brigade. Under international law, Libya has the right to try him on its own soil.  Prior to the overthrow of Gaddafi, the ICC indicted Al-Islam and will not drop his case until it is certain that the Libyan government is capable of giving him a fair trial.

In June 2011, the ICC issued arrest warrants for Al-Islam, and Abdullah Senussi, one of Gaddafi’s former spies, for crimes against humanity.  The ICC prefers to have the two tried in The Hague, but the new Libyan regime refuses to deliver them to the ICC.  The government would prefer to have them tried in Libya.  Libyan lawyers criticized the ICC’s jurisdiction, saying it is only meant to be complementary to a nation state’s jurisdiction, only acting when the member state is unwilling to do so.

For further information, please see:

News Limited — Aussie Lawyer Accused of Spying — 11 June 2012

Reuters UK — ICC Sends Team to Libya After Delegation Detained — 11 June 2012

Philadelphia Inquirer — War Crimes Court Says 4 Staff Held in Libya — 10 June 2012

Seattle Post-Intelligencer — War Crimes Court: 4 Staffers Held in Libya — 9 June 2012

Yahoo! News — Libya ‘Arrests’ Australian War Crimes Court Lawyer — 9 June 2012