By Adom M. Cooper
Impunity Watch Reporter, Middle East

TEHRAN, IRAN–According to a human rights group, a computer programmer from Canada sits on Iran’s death row, facing imminent execution for the actions of another person. Actions which he had no control over.

 

Saeed Malekpour, age 36, is a Toronto resident who wrote a program to upload photos to the Internet. According to Amnesty International, the action of writing the program could cost Malekpour his life. Authorities inside the Islamic Republic of Iran claimed that his program was used by someone else to upload pornography to the Internet. Malekpour was charged with “insulting and desecrating Islam.”

Malekpour, now awaiting execution in Iran’s Evin Prison, was arrested in 2008 while visiting his dying father. A Canadian permanent resident, with the protection under the Charter of Rights, Malekpour was awaiting citizenship and completely uninvolved in Iranian politics. He was convicted in a short trial and was sentenced to death in October 2011. The charges focused on his contract work as a web designer in Canada and expanded to accuse him of running the “biggest anti-religion pornographic Farsi network.”

Malekpour and his family, including his wife Fatima Eftekhari, have denied that he had any knowledge of such network and stated that he only created image-sharing software that could have been used to upload such images without his direct knowledge.

Iran’s Supreme Court confirmed the sentence on 17 January 2012 and Malekpour’s legal team has been unsuccessful in ascertaining the whereabouts of his court files since Tuesday 14 February 2012. According to Amnesty International, they fear that this could be an indicator that an executioner could carry out the sentence soon. A court official suggested to the lawyers that the file has been sent to the Office for the Implementation of Sentences.

Drewery Dyke of Amnesty International released a statement containing the following concerning Malekpour and Iran’s handling of the situation.

“He is alleged to have created ‘pornographic’ Internet sites and is accused of ‘insulting the sanctity of Islam’ for which he was charged with ‘spreading corruption on Earth,’ a vaguely worded charge which attracted the death penalty in Iran. The use of vaguely worded charges is not new in Iran, but the allegation that these were carried out on the Internet is. It is an unwelcome addition to the catalogue of ways in which Iran finds it can execute its own citizens.”

According to Hadi Ghaemi, the executive director of the International Campaign for Human Rights in Iran, Malekpour sent a letter from prison, detailing beatings and other mistreatment at the hands of Iranian prison officials to obtain a confession. Part of the letter displays the following text.

“A large portion of my confession was extracted under pressure, physical and psychological torture, threats to myself and my family, and false promises of immediate release upon giving a false confession to whatever the interrogators dictated.”

Members of Canada’s government and its parliament issued strong protests on Thursday 16 February 2012 when the news broke that Malekpour’s case has been transferred to the Iranian court that schedules executions. Foreign Minister John Baird’s spokesperson Joseph Lavoie offered these words in a statement concerning the situation.

“Canada condemns Iran’s reported decision to execute Mr. Malekpour. We hold Iran accountable for his treatment and well-being.”

The House of Commons unianimously backed a motion by Tory MP Costas Menagkis voicing parliament’s “deep concern for the safety of Iranian citizen Saeed Malekpour.” The motion holds Iran accountable and asks it to “reverse its current course, meet its international human rights obligation and release prisoners such as Saeed Malekpour and others who have failed to receive fair and transparent legal treatment.”

In addition, Senator Linda Frum shared these words concerning Malekpour’s predicament.

“I was deeply distressed to learn that the judicial murder of Saeed Malekpour appears to be proceeding. I know I speak for all my colleagues in the Senate of Canada when I say that this is lethal abuse of law has the attention of the government, the citizens of this country, and freedom-loving people everywhere.”

Malekpour’s situation appears to be a test run of sorts for the Iran fledging cyber crimes crackdown on the Internet. Within days of his arrival in Tehran, he was seized on the street, blindfolded, beaten and thrown in Evin Prison on charges that he could scarcely comprehend.

Iran’s Revolutionary Guard Corps was ready for Malekpour, the ideal target. He is an expatriate and a computer expert, suspected of spreading sedition from the West to Iran. And even further, suspecting of aiding and abetting young Iranian dissidents. A potential enemy of the state would could become the poster child to fuel fear in a seemingly tranquil public that has lost faith in its government’s resolve.

Hadi Ghaemi of the International Campaign for Human Rights in Iran shared these words concerning the motivations of Iran’s Revolutionary Guard Corps.

“At its heart, Malekpour’s conviction is an attempt to stroke fear by suppressing user-generated content and Internet applications that allowed Iranians to interact in cyberspace. The guards made it clear he would an example to others.”

And if Malekpour is executed, his death will certainly serve as an example to others that they can be killed for actions on the Internet that occurred outside their direct control and knowledge.

 

For more information, please see: 

The Hamilton Spectator – Saeed Malekpour: A Canadain on Iran’s Death Row – 19 February 2012

CNN – Execution of Web Programmer in Iran May Be Imminent – 18 February 2012

The Toronto Star – Iran Moves Saeed Malekpour’s Death Sentence Ahead, Prompting Canadain Outrage – 17 February 2012

The Globe & Mail – Free Saeed Malekpour: He Has Done No Wrong – 01 February 2012

AFP – Iran Media Confirms Canada Resident’s Death Sentence – 29 January 2012

Amnesty International – Iran Must Halt Execution of Web Programmer – 19 January 2012

The Guardian – Iran Confirms Death Sentence for ‘Porn Site’ Web Programmer – 18 January 2012

 

 

By Adom M. Cooper
Impunity Watch Reporter, Middle East

GAZA CITY, Gaza–Thousands of Palestinians in Gaza and the West Bank have rallied in support of Khader Adnan, who is in the midst of a 60-plus day hunger strike to protest against his detention by Israel. Adnan, 33, has been refusing to eat since 18 December 2011 following his arrest on 17 December 2011 in the occupied West Bank. He has been held under “administrative detention,” which means that Israel can detain him indefinitely without trial or charge.

Adnan is accused of being the spokesman of the Palestinian militant group Islamic Jihad, a right group that advocates the destruction of the state of Israel. It has not been confirmed that he was involved at all in any attacks but his family stated that he remains a member. He owns a bakery and a fruit and vegetable shop in his West Bank village of Arabeh. Adnan is married with two children and his wife, Randa, is expecting a third child.

On Saturday 18 February 2012, Adnan’s lawyers appealed to Israel’s Supreme Court, demanding to be released. To support his case, Adnan is fighting the “administrative detention” policy. Adnan’s doctors have warned him numerous times that the 33-year-old might die soon due to lack of nourishment. One of Adnan’s lawyers, Mahmoud Hassan, shared these words with Ahram concerning the situation.

“We are hoping that the Supreme Court hears this case urgently. He could die before the court hear happens.”

The court has not yet set a date for the hearing. Hassan has said that in previous cases, the high court at times reduced the sentence of administrative detainees on appeal, but rarely ordered the detainees freed outright. The hunger strike has turned Adnan into a Palestinian hero, while he is being kept held under guard in a northern Israeli hospital and Israeli officials are monitoring his condition. According to the Israeli branch of Physicians for Human Rights on Wednesday 15 February 2012, he is taking liquid fusions of salts, glucose, and minerals and a team of doctors is overseeing his medical care. Although his care is being carefully monitored, the Physicians for Human Rights believe that even ending the strike could be detrimental for Adnan’s health.

“Mr. Khader Adnan is in immediate danger of death. There is a risk to his health even if he starts eating now because his system has got used to not having any food at all.”

According to B’tselem, an Israeli human rights group, Israel had 307 Palestinians under administrative detention at the end of 2011. The group stated that this was a 40% increase in the number of detentions from 2010. According to The Physician for Human Rights, since the beginning of the hunger strike, Adnan has lost some 60 pounds, his hair has begun to fall out, and his muscles have atrophied.

Adnan is currently serving four months in administrative detention. Israeli military judges have the authority to imprison defendants for up to six months at a time, with the possibility of renewing the detention order repeatedly. Defendants and their lawyers are not shown the alleged evidence against them. An Israeli military judge rejected an earlier appeal by Adnan last week, stating that he reviewed the evidence and found the sentence to be fair.

While Adnan sits in detention, thousands gathered in the Gaza Strip to support him. Activists from main political factions joined forces in a rare display of Palestinian unity.

“We are all Khader Adnan,” the crowds chanted to let their fellow Palestinian know that he is not alone. According to the Palestinian Authority, at least 5,000 people took to the streets of Gaza, waving a mix of black Jihad flags, green flags to support Hamas, and yellow flags to support the Fatah movement of Mahmoud Abbas. Witnesses have stated that hundreds also gathered in the northern West Bank city of Jenin.

Palestinian officials stated that many other prisoners in Israeli jails had begun hunger strikes to support Adnan. Hassan Salama was among those participating, a senior armed commander of Hamas who is serving life terms for organizing and implementing suicide bombings against Israelis. Hunger strikes is nothing new for Palestinians, who have been using them before to try and fester attention of the treatment in the region and to denounce the Israeli occupation of Palestinian territories.

But the protests and group hunger strikes have never lasted this long as they have for Adnan. The amount of attention from Adnan’s hunger strike has already become a rallying cry for Palestinians, as protesters have also launched a social media campaign to shed light on Israel’s administrative detentions. According to CNN, Palestinian legislator and human rights activist Mustafa Barghouti shared these words in a recent West Bank rally.

“This is a violation of every aspect of human rights. What Khader Adnan is doing today is to show the will of freedom even if it means the loss of life.”

 

 

For more information, please see: 

Ahram – Lawyer of Palestinian Hunger Strike Files Appeal – 18 February 2012

Al-Jazeera – Thousands Rally For West Bank Hunger Striker – 18 February 2012

CNN – Palestinian’s Hunger Strike Puts Spotlight on Israeli Detentions – 18 February 2012

NYT – Palestinian’s Trial Shines Light on Military Justice – 18 February 2012

BBC – Palestinians Rally in Support of Hunger Strike Prisoner – 17 February 2012

The Guardian – Palestinian Hunger Striker Khader Adnan ‘Near Death’ In Israel – 16 February 2012

 

 

 

By Tyler Yates
Impunity Watch Reporter, Middle East

BAGHDAD, Iraq — An Iraqi judicial panel has found that Sunni Vice-President Tariq al-Hashemi and his employess ran death squads that killed both security officials and Shi’ite pilgrims.  The findings, the first independent assessment of accusations against the vice president, are likely to increase sectarian tensions in the already politically divisive case.

Al-Hashemi has denied the charges, and the accusations themselves have angered many Sunnis who see them as part of a campaign by the Shi’ite prime minister to push them out of Iraqi politics.

The announcement comes at the end of a two-month investigation where the nine-judge panel found at least 150 cases of either al-Hashemi, his bodyguards, or his other employees with links to violent attacks such as roadside bombs and the assassination of security agents and Shi’ite pilgrims.

A statement from Judicial Council spokesman Abdul-Sattar Bayrkdar did not offer any evidence to support the panel’s conclusions.

Decisions from the panel are not legally binding.

The Interior Ministry, which is run by Shi’ite Prime Minister Nouri al-Malaki, issued an arrest warrant for al-Hashemi in December.

The case originates in part from television footage that aired on state-run television in December, showing supposed confessions by men said to be al-Hashemi’s bodyguards.  The men said that they killed officials working in Iraq’s health and foreign ministries, and Baghdad police officers, receiving $3,000 from al-Hashemi for each attack.

Al-Hashemi has taken refuge from arrest in the autonomous Kurdish government in Northern Iraq.  He has refused to return to Baghdad where he does not feel safe and has expressed concerns about no receiving a fair trial.  There is a belief amongst al-Hashemi and other Sunni officials that the judiciary is not independent of al-Malaki’s government.

“We are an independent body that is not linked to any executive body,” Saad al-Lami, one of the nine judges, said after the findings were announced. He said al-Maliki’s office has “nothing to do with these investigations.”

The Judiciary Council’s findings will be turned over to the Iraqi criminal courts.  This will allow the relatives of those killed to file lawsuits against al-Hashemi.

The political divisiveness of this case has tapped into underlying resentments between the Sunni and Shi’ites in the Iraqi government.  The minority Sunnis fear they are being politically sidelined by the Shi’ite majority as payback for the years of persecution under Saddam Hussein, who had favored the Sunnis.

Likewise the Shi’ites fear connections between the Sunnis and the near daily attacks by al-Qaeda and other insurgents.

Some Iraqis greet the judiciary’s findings with weariness and skepticism after years of endless government infighting.

“This is political immaturity when the government officials are ignoring the devastated country and people and direct all of their attention to settle old scores with political opponents,” said Hassan Hamid, a Shi’ite trader from eastern Baghdad.

For more information, please see:

Al Arabiya — Iraqi VP Hashimi denies any involvement in 150 terrorist operations — 17 Feb. 2012

ABC — Judicial Probe Says Iraqi VP Behind Death Squads — 16 Feb. 2012

AP — Judicial Probe Says Iraqi VP Behind Death Squads — 16 Feb. 2012

BBC — Iraqi’s Sunni Vice-President Hashemi ‘ran death squads’ — 16 Feb. 2012

 

 

By Carolyn Abdenour
Impunity Watch Reporter, Middle East

TUNIS, Tunisia – On Wednesday, 15 February, Tunisian officials arrested the head of Attounissia and two of its editors after the Tunisian newspaper published a picture of German-Tunisian soccer player Sami Khedira with his nude girlfriend.  The Justice Ministry claims the publication of the photo violated public morals.

The photo the newspaper printed displays the Real Madrid midfielder in a tuxedo covering the breasts of Lena Gercke, Khedira’s girlfriend and German model, with his hands.  German GQ magazine published the same photo on the cover its of March 2012 issue.

Chokri Nafti, the Justice Ministry spokesperson, reported the prosecutor charged publisher Nasreddine Ben Said, editor in chief Hbib Guizani, and editor of the world section Hedi Hadhri with “disrespecting public decency.”  The prosecutor detained the men while the Justice Ministry investigated the case.  The journalists argued they were simply reporting sports news.

On Thursday, Mr. Ben Said’s lawyer Chokri Beledi reported Tunisian officials released Mr. Guizani and Mr. Hadhri.  Mr. Beleid added, “Ben Said’s imprisonment is illegal and is aimed at terrorising the media…The judiciary used the same law that Ben Ali used to pursue journalists and it is being utilised to strike down enemies just as it was under Ben Ali.”

The police are guarding the newspaper’s building after a female journalist reported receiving phone calls that threatened to burn the office.  Reuters identified her as the informant for these calls, but the Associated Press concealed her name to combat her fear of retaliation by religious extremists.

Although Tunisia is a more moderate Muslim country, the newspaper does not tend to publish such bold photographs.  The country has struggled balancing its strong secular societal norms with the ultraconservative movement that spurred after its secular dictator fell last year.  Secular Tunisians fear the conservative Muslims leading the government will censor the media to align the country with its religious moral standards.

The Tunisian Union of Journalists stated, “We are condemning the continued detainment and arrest warrant issued against Ben Saida. The lack of professionalism of Attounissia’s editorial decision-makers does not justify the state taking away an individual’s freedom, rather this problem can be solved within the professional institutions for the journalists.”  Attounissia has also accused Mehdi Mabrouk, the Minister of Culture, of censoring the newspaper by standardizing artistic tastes.

Furthermore, Tunisia’s highest appellate court will issue its delayed ruling on a lower court’s decision to block pornographic websites on Friday, 24 February.

In response to the arrests, the anonymous female journalist said, “This issue is political and aims to quell the voice of the media and stop its criticizing the government.”

For further information, please see:

Money Control – Tunisia To Try 3 Journalists In Morality Dispute – 17 Feb 2012

Tunisia Live – General Prosecutor Frees Two Newsmen But Continues Detainment of Paper’s Owner in Sami Khedira Photo Publication Case – 16 Feb 2012

All Africa – Tunisia: Newsmen Arrested in Tunis After Publication of Racy Sami Khedira Photo – 15 Feb 2012

The Boston Globe – 3 Tunisian Journalists Arrested Over Nude Photo – 15 Feb 2012