By Alyxandra Stanczak
Impunity Watch Reporter, Middle East

EL ARISH, Egypt – This past Tuesday, July 13, 2010, Bedouin rights activist and blogger Musaad Suliman Hassan Hussein, also known by his pen name Musaad Abu Fagr, was released from Abu Zaabal Prison. Hussein had been detained without trial for approximately three years under Egypt’s Emergency Law.

On the day of Hussein’s release, Ibrahim al-Arjani and Mohamed Isa al-Manai, also activists for Bedouin rights, were released from the same prison. Together, these three activists were accused of organizing protests among the 200,000 Bedouins living in the northern Sinai Peninsula.

Bedouins residing in Egypt’s Sinai Peninsula have faced high unemployment in recent years and continue to face labor inequities. Although the Sinai Peninsula is Egypt’s main region for oil drilling and processing, most oil-related jobs go to workers from the Nile area, instead of local Bedouins. 

Bedouins have protested this selective employment, saying that it is tantamount to government discrimination. Protests in the area have led to thousands of arrests since 2004. In addition, Bedouins in the area have not shared in the increased revenue derived from the booming tourism industry in the Sinai Peninsula area.

Hussein, al-Arjani, and al-Manai blogged bout the disparate treatment of Bedouin in Sinai Peninsula before their respective arrests. Hussein was arrested three years ago, charged by the government with the possession of unlicensed firearms, driving a car without a licence, and provoking unrest.

Each time a court issued an order for Hussein’s release in the past three years, the Egyptian Ministry of the Interior would intervene and block his release pursuant to Egypt’s Emergency Law. The Emergency Law, which was been in place since 1981, was renewed for a two-year period in May 2010.

The Emergency Law gives the Egyptian  government the power to arrest people without charge, detain prisoners indefinitely, limit freedom of expression and assembly, and maintain a special security court.

For more  information, please see:

Amnesty International – Egypt releases bedouin rights activist – 14 July 2010

Los Angeles Times – Egypt: Government shows goodwill toward Sinai Bedouins – 14 July 2010

BusinessWeek – Egypt creates Sinai oil jobs to quell Bedouin unrest – 13 July 2010

Reuters – Egypt releases three Bedouin activists in Sinai – 13 July 2010

New York Times – Egyptian emergency law is extended for two years – 11 May 2010

by Warren Popp
Impuntiy Watch Reporter, Middle East

TEL AVIV, Israel – An internal military investigation headed by Israel’s Major General, Giora Eiland, which was created to look into the deadly Gaza aid flotilla incident, recently completed its work. The deadly flotilla incident covered by the report occurred on May thirty-first when the Israel Defense Force (IDF) attempted to overtake a convoy of ships that was determined to break Israel’s blockade of Gaza to deliver humanitarian aid. The report found that the IDF faced violent resistance by armed activists, including being shot, stabbed, and beaten with metal objects. Activists claim that the IDF indiscriminately used live fire against activists as they boarded the ship, and that the IDF was the first to fire. The incident left several IDF soldiers seriously injured, nine activists dead, and dozens of other activists wounded. According to the IDF Spokesperson, “The [investigation] team was appointed by the Chief of the General Staff to examine the deployment towards the flotilla, the chosen course of action and other possible alternatives, advance preparations, and the operation’s implementation.”

The report concluded that the military made several mistakes in the preparation for the raid, including a failure to utilize all possible intelligence gathering methods (although the IDF claims there is no guarantee that a complete intelligence gathering effort would have created a full intelligence picture); a failure to plan for all possible contingencies, including both the general outcome that ensued and especially for the expected level of violence; and a failure to seek other technological alternatives for stopping vessels from reaching Gaza, although here the report emphasized that no country in the world, at least to their knowledge, has the ability to stop a vessel at sea in a non hostile manner.

In terms of the actions of the IDF commandos, the IDF spokesperson said the following in regards to the report: “The team determined that the Navy Commando soldiers operated properly, with professionalism, bravery and resourcefulness and that the commanders exhibited correct decision making. The report further determines that the use of live fire was justified and that the entire operation is estimable.” The report also found there were mistakes made “at quite a senior level” but did not recommend punishments for any of the officers involved in the May 31 raid.

Israel has rejected calls by the United Nations Secretary-General, the United Nations High Commissioner for Human Rights, and other world leaders for an international investigation, and has claimed it will not cooperate with a Human Rights Council commission that is being set up to investigate the incident.

In addition to the mlitary investigation, Isreal has set up a panel, the Tirkel Committee, to investigate the incident, and  to decide whether the raid was in compliance with international law. This panel consists of three retired judges and two experts, and also includes two prominent foreign observers: David Trimble, a Northern Ireland politician, and Nobel Peace Prize laureate and the Canadian jurist, Ken Watkin. The Tirkel Committee has no power to summon anyone from the IDF except for General Ashkenazi. Prime Minister Netanyahu , Defense Minister Barak, and General Ashkenazi are all expected to testify before the panel publicly and under oath. Al Jazeera reported that Mark Regev, a spokesman for the Israeli government, told Al Jazeera that, “Israel’s investigatory process, both civilian and military, meets the highest international standards,” and, “It’s standard operating procedure [to investigate] after any military operation, especially an operation that has human fatalities.”

The Turkish group that organized the humanitarian convoy, IHH, criticized the report, particularly the claim that the IDF  was justified in using live ammunition. The IHH maintains that the IDF commandos were responsible for starting the violence. Huseyin Oruc, a member of IHH’s board reportedly told Al Jazeera, “If you compare the passengers on the Mavi Marmara and the soldiers, even their equipment… you can understand how much balance there was between the two sides.”

Turkey, whose close diplomatic relationship with Israel have faced serious strains since the incident, including the withdrawal of the Turkish Ambassador to Israel, welcomed the internal investigation and report, but is still calling on Israel to agree to a full and impartial international investigation. All nine of the activists who were killed in the incident were Turkish, including one who was a dual United States-Turkish citizen. Turkey’s Foreign Minister, Ahmet Davutoglu, said that he welcomed the acknowledgement that “mistakes” were made, but believed that IDF commandos committed “a crime” and that an international investigation is warranted.

The report was issued during the same time that a humanitarian aid ship from Libya was heading for Gaza. The ship is carrying about fifteen activists, primarily from Libya, and a dozen crew members. The ship is associated with the Gaddafi International Charity and Development Foundation (GICDF) led by the son of the Libyan leader, Colonel Muammar el-Qaddafi. The foundation of GICDF said on its website that the boat’s goal was to deliver two-thousand tons of aid to Gaza. After threats by Israel to intercept the ship, including a disputed report that Israel issued an ultimatum to the Libyan vessel, the ship reportedly changed course on July thirteenth, and is now slowly heading towards Egypt (mechanical difficulties along with a reported dispute between the crew of the ship and the activists regarding the final destination make confirmation of this by news agencies difficult). The Egyptian government has offered to accept the ship at one of its ports in the Sinai Peninsula and then deliver the goods to Gaza. Youssef Sawani, the executive director of GICDF said, “We hope the Israelis will not ban the ship from entering the port of Gaza. If they decide to do so we have no means to object to that. This is a peaceful mission”

For more information, please see:

AFP – Israel PM to Testify Before Gaza Panel on Aug 9 – 13 July 2010

Al Jazeera – Gaza Aid Ship ‘Diverts’ to Egypt – 13 July 2010

Al Jazeera – Israel: Use of Live Fire Justified – 13 July 2010

Jerusalem Post – Conflicting Reports at Sea – 13 July 2010

Jerusalem Post – Turkey Welcomes Eiland Report But Still Wants Int’l Probe – 13 July 2010

N.Y. Times – Gaza-Bound Ship Diverts to Egypt, Averting Clash -13 July 2010

Israel Defense Force Blog – Maj. Gen. (Res.) Eiland Submits Conclusions of Military Examination Team Regarding Mavi Marmara, 12 July 2010– 12 July 2010

N.Y. Timess – Israeli Military Finds Flotilla Killings Justified – 12 July 2010

Al Arabiya News Channel – Gaza-Bound Aid Ship Sets Sail From Greece – 10 July 2010

By Polly Johnson
Impunity Watch Reporter, Middle East

JERUSALEM, Israel – Last Friday, Israeli Prime Minister Benjamin Netanyahu and his wife Sara held an hour-long meeting with the parents of captured Israeli soldier Gilad Shalit.

Noam and Aviva Shalit reached Netanyahu’s official residence in Jerusalem following a twelve-day march, in an effort to secure their son’s release. Gilad, now twenty-three years old, was captured in June 2006 by Palestinian militants and has been held in Gaza by Hamas militants who have demanded the release of as many as one thousand Palestinian prisoners in exchange for Shalit’s release.

Shalit’s family set up a protest tent at the culmination of the protest march, vowing to demonstrate outside the weekly cabinet meetings until their son is released. Over the weekend, visitors streamed in and out of the tent, in a showing of support for the family.

Following the meeting with Netanyahu, Noam Shalit said that there was no new news, but also indicated that the family did not have high hopes prior to their meeting with Netanyahu.

“We have received no news yet that might calm us or change the situation. We’ll remain in the tent as planned; there is no change. We’ll stay here until Gilad returns,” Noam said.

Netanyahu, who recently returned from a trip to the United States, told the couple that the issue of their son’s release was one of the topics discussed with U.S. President Barack Obama and other senior officials in Washington.

“It’s not just the tens of thousands of marchers who support you, but all the citizens of the state of Israel,” Netanyahu told the Shalits. “There are also millions of people abroad who are with you, as are my wife and myself.”

Palestinian news agency Ma’an reported on Sunday that Netanyahu asked former U.S. president Bill Clinton to help mediate the release of Shalit. Netanyahu met with Clinton during his trip to Washington, where he proposed that Clinton visit Gaza to negotiate with senior Hamas officials.

Netanyahu has said that Israel will release one thousand Palestinian prisoners, though not all the ones that Hamas wants. Some that might be released are serving multiple life sentences for their roles in organizing suicide bombings.

For more information, please see:

BBC – Netanyahu meets Shalit’s parents – 9 July 2010

Ha’aretz – Shalit family to protest outside weekly cabinet meetings – 11 July 2010

Ha’aretz – Report: Netanyahu asks Bill Clinton to mediate Shalit release – 11 July 2010

The Media Line – Public Support for the Release of Gilad Shalit Continues after Five Years – 12 July 2010

By Elizabeth A. Conger
Impunity Watch Reporter, Middle East

TEHRAN, Iran – After an outpouring of international condemnation, Iranian authorities have announced that Sakineh Mohammadi Ashtiani, an Iranian woman convicted of adultery, will not be executed by stoning. It is not yet clear whether her death sentence has been lifted entirely, and there is speculation that Ms. Ashtiani will be hanged instead.

Mohammed Mostafaei, Ms. Ashtiani’s attorney, told The Times: “This is a positive development but nothing is clear yet . . . “There have been cases in Iran of stonings being changed to hangings.”

Ahmad Fatemi of the International Committee against Stoning and Execution, an organization that has campagined for Ms. Ashtiani’s release, said: “It’s a tactical retreat . . . they never expected this kind of pressure, so they want to buy time.”

News of the stay of her execution comes after an international campaign to prevent her death received extensive international media coverage in the past week.

Sakineh Mohammadi Ashtiani, a forty three-year-old mother of two, has been in prison in Tabriz since 2006. She was sentenced and received ninety-nine lashes in May of 2006 for an “illicit relationship” outside of marriage.

In September of 2o06 another court reopened her adultery case amid allegations that she was involved in the murder of her husband.  She was cleared of all charges implicating her in the murder, but the second judge sentenced her again on the adultery charges – this time to death by stoning. The penalty was handed down on the basis of “judge’s knowledge.” This is a legal loophole that allows for subjective judicial rulings where no conclusive evidence is present.

Although Ms. Ashtiani retracted a confession which she was forced to make under duress, she was still found guilty.

Under Iran’s version of sharia law, sex before marriage is punishable by 100 lashes, while adultery carries a penalty of death by stoning. Convicted persons, who are almost entirely women, are buried up to their necks and stoned. If the convicted person can pull free from the pit during the stoning, the sentence will be commuted.  Men, who are only buried to their waists, are more likely to escape.

UK Foreign Secretary William Hague told BBC that the sentence of stoning was a “medieval punishment.” He added: “If the punishment is carried out, it will disgust and appal the watching world.” 

For more information, please see:

BBC – Iran woman escapes stoning death for adultery – 9 July 2010

CNN – Iran denying woman will be executed by stoning – 9 July 2010

MailOnline –  Iran backs down: World fury forces Tehran to spare ‘adulterous’ mother from being stoned – but will they hang her instead? – 9 July 2010

 The Guardian – Iran halts woman’s death by stoning – 8 July 2010
 

By Alyxandra Stanczak
Impunity Watch Reporter, Middle East