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

By Melike Ince
Impunity Watch Reporter, Middle East

MANAMA, Bahrain — Nabeel Rajab, president of the Bahrain Center for Human Rights, was arrested on Wednesday for thoughts he made public on the popular social networking site, Twitter.

Early Wednesday, reports were released detailing the issues surrounding the arrest.  Rajab’s lawyer, Mohamed al-Jishi, claims the arrest occurred over tweets that allegedly insulted residents of a Sunni dominated area of Bahrain with close ties to the ruling regime.  A complaint was made by twenty-four retired police officers in Muharraq accusing Rajab of “casting doubt on their patriotism.”

An avid critic of King Hamad al-Khalifa, Rajab had just been released on bail Monday after spending weeks in jail from previous charges of “inciting illegal rallies and marches online by using social networking websites.”  This is the fifth time Rajab has been arrested since the beginning of May this year.  Demonstrators took to the streets in the city of Sitra on Thursday to protest the arrest and demanded Rajab’s release.  Authorities used tear gas and sound grenades in an effort to disperse the crowd.

“I was targeted because I was exercising my right to defend human rights, which is a right that is stipulated by the Bahraini constitution,” Rajab said in court Wednesday, adding that the charges against him were “vindictive accusations.”

Many supporters of Rajab say the true reason behind the arrest were the comments he made in an interview with the popular news agency, Al Jazeera.  During the interview, he explained his skepticism over the government’s seriousness about reform. “Bahrain doesn’t seem to be serious about reform.  Bahrain does not seem to be serious about reconciliation,” he said.  “The King, what he says looks good.  The King never keeps his promises”

Despite a “commitment to dialogue” with those opposed to their rule, the Bahraini government had recently come under fire  for the deaths and arrests of protesters calling for reform.  This stems from earlier claims that police tried to “crush” pro-democracy demonstrators last year during the rise of the Arab revolts influenced by neighboring states.  The government often accused the protestors of being agents of Iran.  Reports of torture to extract confessions and punish protestors have caused international rights groups to increase their involvement.

Bahraini officials deny these allegations, with Interior Minister Sheikh Rashed bin Abdullah al-Khalifa saying that “torture and killing is not part of the government’s policy.”  Though some lower level officers have been tried, activists are looking to pressure the government into charging higher officials criminally as well.

Rajab played an important role in the exposure of alleged abuse by authorities during the uprisings.  Bahrain’s Shiite majority is looking to gain more political rights, and Rajab’s following has increased awareness of the cause internationally.

Although he is still in prison, Rajab’s Twitter account continues to stay active and is updated frequently.

For further information, please see:

Tehran Times – Bahrainis Hold Anti-regime Rally to Demand Activist’s Release – 8 June 2012

Gulf Daily News – Activist Held for Insulting People – 7 June 2012

Daily Star Lebanon – Bahraini Prominent Rights Activist Under Arrest Again After Twitter Post – 7 June 2012

BBC News – Bahrain Rights Activist Nabeel Rajab Back in Detention – 6 June 2012

International Business Times – Bahrain Activist Nabeel Rajab Arrested Again After Critical Tweets of Kind Hamad – 6 June 2012

Al Jazeera – The Stream – 4 June 2012

Twitter – Nabeel Rajab – @nabeelrajab

By Mark McMurray
Impunity Watch Reporter, Middle East

CAIRO, Egypt — On Tuesday, the trial of forty-three non-governmental organization (NGO) workers was adjourned until the first week of July.  The delay follows a hearing which dealt with the procedural aspects related to the case.  The trial has stirred fears that Egyptian authorities will continue to crackdown on civil rights activists operating within the country.

All of the accused deny the government’s charges of receiving illegal funds from foreign governments and organizations and operating within the country without proper permits.  The charges originate from the work conducted by the NGOs last year, prior to the parliamentary elections.  Authorities claim the work undertaken by the NGOs, focused primarily on civil society and pro-democracy issues, was a plot to promote unrest following the fall of former President Hosni Mubarak’s regime.  When the trial resumes, the aid workers face up to six years in prison if they are found guilty.

The diverse group includes nineteen U.S. nationals and fourteen Egyptians, with the remaining defendants hailing from a variety of European and Arab countries.  At the hearing on Tuesday, only seventeen defendants were present: the fourteen Egyptians, two Americans, and a German national.  Those defendants present in court were released until the trial resumes.  The others elected not to return for the hearing.  They left Egypt when their travel ban was lifted.

U.S.-Egyptian relations have been strained as a result of the accusations.  In response to the charges, forty-one members of the U.S. Congress sent a letter to Secretary of State Hillary Clinton and Defense Secretary Leon Panetta.  The letter urged the administration to withhold aid to Egypt, including $1.3 billion in yearly military aid, until Egyptian leadership allowed the offices of the NGOs to reopen and returned seized property.  Seeking to ease tensions, Egyptian authorities lifted a travel ban that was imposed in March, allowing the accused Americans to leave the country.  The maneuvering was seen as a way to avoid having a trial, as it was unlikely that those who left would return to stand trial.

However, Robert Becker, an American working with the U.S.-based National Democratic Institute, elected to remain in Egypt to stand trial.  Becker, who was present at the hearing on Tuesday, explained his reasoning for staying within the country.  “I keep saying captains stay with their crew.  There is no way that I would be able to live with myself being safely in the United States if they were potentially facing a jail term,” he said.

Lawyers for the defendants made a number of requests during Tuesday’s court proceeding.  These included requests to have defense witnesses be allowed to give testimony, to have the documents seized from the NGOs during raids translated into Arabic, and to have Egyptian officials give testimony in court.  With Egyptian officials slated to testify at the trial, Becker told the Los Angeles Times that the evidence “against us doesn’t match what we were doing,” and that the Egyptian government was undertaking a “demonization of NGOs.”

For further information, please see:

Christian Science Monitor – In Egypt, American NGO Workers Head to Court in Civil Society Trial – 5 June 2012

CNN – Trial of NGO Workers Set to Resume in Egypt – 5 June 2012

Egypt Independent – Defense Witnesses Can Give Testimony in Next NGO Trial Session, Court Rules – 5 June 2012

Los Angeles Times – New Trial Date Set for Pro-democracy Activists in Egypt – 5 June 2012

Washington Post – Hearing in Egypt NGO Case Resumes Tuesday – 4 June 2012