The Middle East

Prominent Syrian Human Rights Lawyer Detained

By Brandon Kaufman
Impunity Watch Reporter, Middle East

DAMASCUS, Syria– On July 23, Muhanad al-Hasani, a prominent Syrian human rights lawyer was asked to attend a meeting on July 26 with high level Syrian intelligence officers.  After two days of questioning, al-Hasani was arrested and detained incommunacado on July 28.  He was formally charged with “weakening national sentiment” and “spreading false or exaggerated information.”

Al-Hasani is president of the Syrian Human Rights Organization (Swasiah), and in that capacity he regularly defends political activists and detainees of the government.  Since Swasiah’s inception in 2004, al-Hasani has received countless threats for accusations that he is running an unauthorized organization.  Furthermore, as is the case with many other human rights organizations, Swasiah was refused permission to register as such an organization within Syria.

Prior to his arrest, Syrian officials placed al-Hasani under increased scrutiny due to his work as a lawyer and human rights activist.  On July 19, after sitting in on a trial before the State Security Council (SSC), al-Hasani’s notes from the proceedings were seized and destroyed at the order of Habib Najma, the lead attorney for the SSC.  Najma contends that al-Hasani’s notes abused the confidentiality of the SSC and that such information would soon be disseminated by al-Hasani on the internet.  In response, al-Hasani contended that the court sessions are open to the public and that he only attended as a human rights observer and thus had not committed any violations of the law.

In light of his arrest, various individuals have spoken out against his detention.  Wilder Taylor, the Acting Secretary General for the International Commission of Jurists (ICJ) said that “Muhanad al-Hasani’s unlawful detention accelerates a campaign of harassment against him.” Wilder further stated that, “it also constitutes an attack on the legal profession in Syria and its independence” and that “under the State Security Court Law . . . proceedings of the Court are public and reporting on public proceedings cannot be criminalized under any circumstances.”

Sarah Leah Whitson, the Human Rights Director for the Middle East and North Africa contends that “it is Syria’s repressive practices, not al-Hasani, that’s weakening national sentiment.”  Despite these calls for the release of al-Hasani, he still remains detained under the authority of the Syrian government.

For more information, please see:

HRCP Blog- Update from Wilder Taylor on the Situation of Commissioner Muhaad al-Hasani– 17 September 2009

Front Line- Update: Detained Human Rights Lawyer, al-Hasani Accused of Misconduct by the Bar Association– 26 August 2009

Human Rights Watch- Syria: Free Prominent Rights Lawyer– 4 August 2009

Front Line- Syria: Detention of Human Rights Defender, Mr. Muhanad al-Hasani-31 July 2009

Iraqi Shoe Thrower Freed, Claims He Was Tortured

By Bobby Rajabi
Impunity Watch Reporter, Middle East

BAGHDAD, Iraq – The Iraqi television reporter who famously threw his shoes at President George W. Bush in December 2008 was released from prison on September 15. Muntazer Al-Zaidi was released after serving nine months of a three-year sentence. Al-Zaidi’s sentence was ultimately reduced to one year on appeal and he was released three months early as a result of good behavior. Al-Zaidi is now claiming that he was tortured during his time in a Baghdad prison by Iraqi authorities.

While addressing the media after his release, Al-Zaidi asserted that the torture began once he was arrested for throwing his shoes at now former President Bush. The Iraq television journalist alleged that during his time in prison he was subjected to beatings and whippings. Al-Zaidi claims that electric cables and iron bars were used to torture him. He claims that he was also subjected to electric shock torture outside a building in the Green Zone, the area used by United States forces in Baghdad. Additionally, Al-Zaidi, covered in an Iraqi national flag and surrounded by reporters, claimed that he was subject to water boarding by Iraqi authorities. Al-Zaidi now claims that he fears that his life is in danger and that U.S. intelligence forces could possibly pursue him.

The incident late last year came during a joint press conference with President Bush and Iraqi Prime Minister Nouri al-Maliki. Al-Zaidi feigned asking President Bush a question and proceeded to hurl his shoes at him. President Bush was able to duck both shoes before journalists took Al-Zaidi down. Before throwing his shoes, Al-Zaidi yelled at the President, blaming him for the number of Iraqi casualties that followed the United States-led invasion in 2003. He told the President that the shoes were a “farewell kiss.”

Al-Zaidi’s release from jail has lead to joy in some parts of the Arab world. It is expected that great opportunities await Al-Zaidi, who previously worked as a little known reporter in Baghdad. There are rumors that Al-Zaidi will receive much more lucrative offers from bigger Arab stations. Additionally, there is talk of proposals of marriage from Arab women and gifts from businessmen throughout the Middle East. Al-Zaidi has also been promised citizenship and one hundred thousand dollars by a well-known critic of President Bush, President Hugo Chavez of Venezuela.

For more information, please see:

AFP – Iraq Shoe-thrower Freed From Jail – 15 September 2009

Guardian – Iraqi Shoe-thrower Claims he Suffered Torture in Jail – 15 September 2009

Al Jazeera – Shoe-thrower Flown Out of Iraq – 16 September 2009

Chicago Tribune – Iraqi Shoe Thrower Freed: As He Is Released, Muntadhar al-Zeidi Says He Was Tortured in Jail – 16 September 2009

San Francisco Chronicle – Shoe Thrower Leaves Prison, Alleges Torture– 16 September 2009

Prosecuting Israel for War Crimes

Prosecuting Israel for War Crimes

16 September 2009

Deputy Prosecutor of Int’l Criminal Court discusses the Palestinian Authority appeal to join the court.

Lia Tarachansky speaks to Fatou Bensouda, the Deputy Prosecutor of the International Criminal Court (ICC) about the Palestinian Authority’s appeal to join the group of nations over which the court has jurisdiction. Bensouda says that before the ICC can investigate the perpetration of war crimes during Israel’s recent attack on Gaza, the court would have to rule on whether it has jurisdiction in the Palestinian Territories. For that, there would have to be clear borders identified, a task the UN would have to take on. Once the court rules on jurisdiction it would be able to prosecute anyone who committed war crimes, crimes against humanity, or genocide within the territory, even if (such as in the case of Israel) the perpetrator is not part of the International Court.

Fatou Bensouda was elected in 2004 to the post of Deputy Prosecutor by the Assembly of State Parties of the International Criminal Court. She is in charge of the Prosecution Division of the Office of the Prosecutor. Prior to joining the International Criminal Court, Bensouda served as the Senior Legal Advisor and Head of The Legal Advisory Unit at the International Criminal Tribunal for Rwanda. Before that, she was the Minister of Justice of The Gambia.

Israel Rejects U.N. Report’s Recommendations for Gaza Inquiry

By Meredith Lee-Clark

Impunity Watch Reporter, Middle East

 

JERUSALEM, Israel/West Bank – Israeli officials have rejected the call to begin an independent investigation into possible war crimes and other “serious violations” of international human rights laws related to the three-week armed conflict in Gaza in December 2008 and January 2009. The establishment of such an investigation was one of the primary recommendations in the U.N. report that was released on September 15.

 

The report, produced by the U.N. Human Rights Council, found that both Israelis and Palestinians violated international law during the Gaza conflict. The report said that Israel targeted civilian facilities, including government buildings, hospitals, a mosque, and farms in the Gaza Strip. The report also said that Hamas, the Palestinian militant group that leads the territorial government in Gaza, was at fault for launching rocket attacks against civilian targets in southern Israel.

 

The report recommends that Israel conduct an independent investigation into the charges of war crimes, or alternatively, the matter should be referred to the International Criminal Court in The Hague.

 

Mark Regev, the spokesperson for the Israeli government, said that Israel is conducting its own investigation, whose results will be open to review by civilian courts.

 

“Our own internal investigations are much more serious than what is being produced by this report,” said Regev.

 

Richard Goldstone, the respected South African judge who headed the U.N. report, dismissed the efficacy of the Israeli investigations.

 

“The Israeli investigations have been done behind closed doors in secret by the military,” said Goldstone. “That’s hardly an investigation by any acceptable standard.”

 

Goldstone also said that while Israel has dismissed the recommendations of the report, it has not yet disputed any of the findings of fact. The report rejected Israel’s argument that the war was an act of self-defense, but rather that the war was “a deliberately disproportionate attack designed to punish, humiliate and terrorize a civilian population.”

 

Goldstone also rejected allegations that the report’s committee was biased.

 

“I deny that completely,” said Goldstone, appearing on Israeli television. “I was independent, nobody dictated any outcome…the outcome of the report which was the result [of our independent investigation.]”

 

Goldstone stressed that Israel was not the only faulted party, but that the Hamas rockets into Gaza “constitute war crimes, possibly crimes against humanity,” and that the Gazan security forces, under the control of Hamas, carried out extrajudicial executions and arbitrary arrests. The report called for the release of Gilad Shalit, an Israeli soldier who has been in Gazan prisons for three years.

 

For more information, please see:

 

Guardian – Israel Rejects War Crimes Findings of UN Gaza Inquiry – 16 September 2009

 

Jerusalem Post – ‘My Wish and Hope is for an Open Israeli Probe’ – 16 September 2009

 

Ma’an News Agency – UN’s Goldstone Tells Ma’an: Israel Has Yet to Deny Our Findings – 16 September 2009

 

NPR News – Israel Rejects U.N. Report on Gaza Conflict – 16 September 2009

 

New York Times – Israel Rejects Call for Gaza Inquiry – 16 September 2009

 

 

New Trials Begin for Protesters of Iranian Election

By Bobby Rajabi
Impunity Watch Reporter, Middle East

TEHRAN, Iran – On September 14, trials began for six more individuals involved in protests that followed the June 12 presidential election

The six individuals are being brought before the court on charges of rioting and plotting to topple the ruling regime of the Islamic Republic. State media in Iran has reported that indictment against the defendants is focused on the defendants’ use of the internet to spread false reports in order to provoke turmoil. The indictment claims that country was under the constant threat from both “psychological welfare” and “destructive propaganda.” Among those accused is Abdollah Momeni, a well known student activist. The official news agency of Iran has said that Momeni has pleaded guilty to the charges against him and has pleaded for “Islamic mercy from the court.”

This is the fifth trial brought against protesters of President Mahmoud Ahmedinejad’s reelection. Over 140 individuals have been put on trial for opposing the election, which opponents claim was rigged in favor of the incumbent. Opponents of the current regime have questioned the validity of the trials. Among those against the trials is former President Mohammad Khatami. Last month, the former president claimed that the confessions made by individuals on trial came as a result of “extraordinary conditions.”

The June presidential election between President Ahmedinejad and former Primer Minister Mir-Hossein Mousavi sparked protests throughout the country in the days that followed. Hundreds of thousands of Iranians marched in the streets. The opposition claimed that the outcome to the election was predetermined. Hardliners have portrayed their opponents as individuals who are backed by foreigners whose goal is the undermining of the Islamic government system. The Supreme Leader of Iran, Ayatollah Ali Khamenei has insisted that no election fraud occurred.

Those protesting denounced the official results that gave President Ahmedinejad another four year term. Thousands of individuals were arrested by Iranian security forces, who were working with the Basij militia and Revolutionary Guard. The official estimate from the Iranian government is that thirty-six people died in the clashes between protesters and security forces. The opposition claims that more than seventy election protesters were killed during the conflict.

For more information, please see:

AFP – Iran Mass Trial Resumes as Reformists Clerics Speak Out – 14 September 2009

BBC News – Six Accused in Iran Protest Trial – 14 September 2009

CBC News – Iran Protest Trials Resume Monday – 14 September 2009

Guardian.co.uk – Six Iran Activists in Dock as Mass Trial Continues – 14 September 2009

New York Times – Iran Starts Fifth Trial Over Post – Election – 14 September 2009