By Nykoel Dinardo
Impunity Watch Reporter, Middle East

TINDOUF, Algeria – Several human rights organizations have expressed concern over the conditions of refugees located in refugee camps in southwest Algeria.  The area has been the cause of political turmoil between Morocco and Algeria since the 1970s when Spanish colonial powers left the region.  The refugees largely belong to a political movement known as Polisario, which has expressed a desire for political autonomy. 

In July, the Secretary-General of the UN released a report describing the situation in the region.  His report stated that there had been reports that humanitarian aid to the region was being hindered and that the absence of secure food stocks since 2006 was a growing concern.  Since this report several other NGOs have released reports regarding human rights and humanitarian law violations in the region.

On December 12, World Action for Refugees, a Norwegian human rights organization released a report denouncing human rights violations in the region.  The report claimed that the refugees were subject to inhuman living conditions and asked that they be allowed to return to their countries of origin if they wish.   The report stated that regional populations were often completely dependent on humanitarian aid and that the people were denied the rights of freedom of movement, expression and association.

The most recent report on the region was released by Human Rights Watch (HRW) on December 19, 2008.  HRW claims that the problems in Western Sahara have been on the back burner for too long and hope that their report will help bring focus back to the problems.  The report, titled “Human Rights in Western Sahara and in the Tindouf Refugee Camps,” focuses on the current problems in the region, rather than continuing to focus on past conflicts.  The report criticizes Morocco, claiming that it denies recognition of human rights organizations in the region, disperses peaceful protests, and tortures people in its custody.  HRW asks Morocco to allow access to the region by UN peacekeepers and other UN organizations.  It also requests Polisario to allow those same UN officials to enter the region.

On the same day as HRW released their report, King Mohammad VI of Morocco gave an address reaffirming its commitment to human rights.  In his address, he condemned the suffering and humiliation experienced by those living in the Tindouf camps and expressed a commitment to open dialogue in hopes of peace in the region.

For more information, please see:

Human Rights Watch –  Human Rights in Western Sahara and in the Tindouf Refugee Camps – 19 December 2008

Human Rights Watch – Morocco: Suppressing Rights in Western Sahara – 19 December 2008

PR Newswire – Morocco Cites ‘Unyielding Commitment’ to Universal Human Rights Protections, Founded on ‘Sincere Action’ Not Just A ‘Slogan’ – 19 December 2008

Reuters – U.N. Should Being Monitoring Rights in W. Sahara – HRW – 19 December 2008

Relief Web – Norwegian NGO Defends Rights of Tindouf Camps Population to Return to their Country of Origin – 12 December 2008

United Nations – Question of Western Sahara: Report of the Secretary-General – 15 July 2008

By Nykoel Dinardo
Impunity Watch Reporter, Middle East

TINDOUF, Algeria – Several human rights organizations have expressed concern over the conditions of refugees located in refugee camps in southwest Algeria.  The area has been the cause of political turmoil between Morocco and Algeria since the 1970s when Spanish colonial powers left the region.  The refugees largely belong to a political movement known as Polisario, which has expressed a desire for political autonomy. 

In July, the Secretary-General of the UN released a report describing the situation in the region.  His report stated that there had been reports that humanitarian aid to the region was being hindered and that the absence of secure food stocks since 2006 was a growing concern.  Since this report several other NGOs have released reports regarding human rights and humanitarian law violations in the region.

On December 12, World Action for Refugees, a Norwegian human rights organization released a report denouncing human rights violations in the region.  The report claimed that the refugees were subject to inhuman living conditions and asked that they be allowed to return to their countries of origin if they wish.   The report stated that regional populations were often completely dependent on humanitarian aid and that the people were denied the rights of freedom of movement, expression and association.

The most recent report on the region was released by Human Rights Watch (HRW) on December 19, 2008.  HRW claims that the problems in Western Sahara have been on the back burner for too long and hope that their report will help bring focus back to the problems.  The report, titled “Human Rights in Western Sahara and in the Tindouf Refugee Camps,” focuses on the current problems in the region, rather than continuing to focus on past conflicts.  The report criticizes Morocco, claiming that it denies recognition of human rights organizations in the region, disperses peaceful protests, and tortures people in its custody.  HRW asks Morocco to allow access to the region by UN peacekeepers and other UN organizations.  It also requests Polisario to allow those same UN officials to enter the region.

On the same day as HRW released their report, King Mohammad VI of Morocco gave an address reaffirming its commitment to human rights.  In his address, he condemned the suffering and humiliation experienced by those living in the Tindouf camps and expressed a commitment to open dialogue in hopes of peace in the region.

For more information, please see:

Human Rights Watch –  Human Rights in Western Sahara and in the Tindouf Refugee Camps – 19 December 2008

Human Rights Watch – Morocco: Suppressing Rights in Western Sahara – 19 December 2008

PR Newswire – Morocco Cites ‘Unyielding Commitment’ to Universal Human Rights Protections, Founded on ‘Sincere Action’ Not Just A ‘Slogan’ – 19 December 2008

Reuters – U.N. Should Being Monitoring Rights in W. Sahara – HRW – 19 December 2008

Relief Web – Norwegian NGO Defends Rights of Tindouf Camps Population to Return to their Country of Origin – 12 December 2008

United Nations – Question of Western Sahara: Report of the Secretary-General – 15 July 2008

By Yasmine S. Hakimian
Impunity Watch Reporter, Middle East

TEL AVIV, Israel – On December 24, peace activists in Israel and around the world are participating in a day of action to urge Israeli authorities to release teenagers imprisoned for refusing to serve in the army for reasons of conscience. The day will include a rally and press event near the Defense Ministry. 

Nearly 100 Israeli high school students have signed an open letter declaring their refusal to serve in the Israeli army and their opposition to Israeli occupation and oppression policy in the occupied territories and the territories of Israel. They have voiced their concern in taking no part to further commit human rights abuses. 

There is a history of refusal to serve in Israel. Military service is mandatory for all graduating high school seniors in Israel. Resisters of enlisting face the possibility of years in prison.

Tamar Katz, Raz Bar-David Varon and Yuval Oron-Ofir are three conscientious objectors currently serving their third prison sentences. Katz (19) has been jailed for over fifty days. She is being held in isolation and deprived of family visits as punishment for refusing to wear a military uniform in prison. At least six other Israeli teenagers have been jailed in the past few months for refusing to enlist. 

There is no civilian service alternative to military draft in Israel. A “conscience committee” exists within the Israeli army, however, exemption is generally only granted to those who refuse to serve for religious reasons. Orthodox Yeshiva students are exempt from military service, and Orthodox girls can apply for alternative service.

Donatella Rovera, Amnesty International’s researcher on Israel and the Occupied Palestinian Territories, explains all conscientious objectors should be given the opportunity to present the grounds of their objection to a decision-making body which is impartial and independent. According to Amnesty International, the conscience-committee is sending the wrong message to Israelis.

Amnesty International asks Israeli authorities to establish an impartial exemption committee. Amnesty seeks the immediate and unconditional release of the teenagers and other conscience of war prisoners.

For more information, please see:

AlterNet – From U.S. War Resisters, A Letter of Solidarity to Israeli Army Resisters – 18 December 2008

Amnesty International – Israeli Teenagers Jailed For Refusing to Serve in Army – 18 December 2008

Common Dreams – Israeli Youth Resist Palestinian Occupation – 17 December 2008

Electronic Intifada – We Refuse to Serve in the Israeli Occupation – 28 August 2008

By Lauren Mellinger
Impunity Watch Reporter, Middle East

BAGHDAD, Iraq – On December 14, Iraqi journalist Muntazer al-Zaidi, a correspondent for the Cairo based Al-Baghdadiya satellite channel, threw his shoes at US President George W. Bush during a press conference.  President Bush and Iraq Prime Minister Nouri al- Maliki had met to discuss the Status of Forces Agreement signed in recent weeks between the US and Iraq.

It is unclear whether the injuries al-Zaidi sustained occurred immediately after he threw his shoes at President Bush or subsequently during his detention.  Security guards who travel with Prime Minister al-Maliki were seen beating al-Zaidi immediately after the incident occurred, and witnesses reported hearing al-Zaidi screaming in pain.

Immediately after the incident at the press conference, al-Zaidi was detained by Iraqi authorities, on the orders of Iraqi National Security Adviser Mowaffeq al-Rubaie.  Al-Rubaie issued a statement claiming that al-Zaidi will be tried under Iraqi law.  According to his brother Dargham, Al-Zaidi has a broken hand and ribs, and is suffering from internal bleeding and from an eye injury he sustained after being hit with the butt of a rifle.  In addition, Dargham claims that his brother has not had access to legal counsel since his arrest.

The head of the Iraqi journalists’ union Mouyyad al-Lami, asked the Iraqi government for clemency towards al-Zaidi, who currently remains in custody.

Al-Zaidi reportedly threw his shoes at US President Bush to insult him.  Al-Zaidi holds President Bush responsible for the deaths of thousands of Iraqis since the US-led invasion in March 2003.  Demonstrations in both Sunni and Shia areas of Iraq and throughout the Arab world have urged the Iraqi government to release al-Zaidi from custody.  He has been regarded as a hero for standing up to the Bush administration.

According to a spokesman for the US State Department, the US does not know whether al-Zaidi was beaten when he was taken into custody.  However the spokesman maintains that the US government will not condone any unnecessary use of force against al-Zaidi.

Al-Zaidi is facing a possible two year jail sentence for insulting the head of a foreign state as well as the Iraqi Prime Minister, who was standing with President Bush at the time of the incident.  However, prosecutors may charge him for violating a law passed by the Baath Party in 1969, which calls for a seven year prison sentence for anyone who “insults the president or his representative.”

For more information, please see:

The Independent – Iraqi Shoe Thrower ‘Beaten in Custody’ – 17 December 2008

Al Jazeera – Iraqi Reporter al-Zaidi’s Arms, Ribs Broken – 16 December 2008

BBC – Shoe Thrower ‘Beaten in Custody’ – 16 December 2008

Guardian – Iraqi Shoe Thrower Badly Beaten in Custody, Claims Brother  – 16 December 200

Voice of America – Iraqi Shoe-Thrower in Judicial Hands – 16 December 2008

By Nykoel Dinardo
Impunity Watch Reporter, Middle East

NEW YORK, New York – On December 14, Human Rights Watch (HRW) released a report titled “The Quality of Justice:  Failings of Iraq’s Central Criminal Court.”  The report claims that the Central Criminal Court of Iraq (CCCI), the flagship court under the new Iraqi government, fails to meet international standards of due process and fair trials.

According to the report, HRW monitored court proceedings and met with judges, defense attorneys, and the defendants themselves.  The report explains that many of the problems in the justice system are due to structural problems in Iraq, including problems with political factions and inefficiency in the institutions.

The report states that defendants are often held for long periods before being tried.  HRW states that defendants are often held for months, or even years, before their cases are referred to a judge.   It explains that the delays are due, in part, to a dramatic increase in the number of detainees, many resulting from the implementation of the Baghdad Security Plan in 2007.  However, it also states that these delays are partly due to procedural failures in detainee handling prior to their arrival at the CCCI.  HRW says that judges sometimes deal with failures – such as lack of proper investigation – by dismissing cases.

Moreover, the report claims that those detained are often abused while in custody, mostly with the intent of garnering a confession.  HRW stated that it documented numerous cases where defendants showed signs of torture, or other forms abuse.  It stated that it documented at least 10 investigative hearings involving defendants recanting confessions that had been taken while in custody.  HRW has expressed concern about impunity for those responsible.

Finally, the report states that defense attorneys are often assigned to cases in the last few days before trial, failing to give them time to prepare an adequate defense.  It further claims that defense attorneys, though assigned, fail to properly perform their duties as an attorney.  The report describes a case where a court appointed lawyer in a capital case refused to speak during an investigative hearing after the judge denied his request to leave so that he could attend to another case.

The report also made several other allegations of failures in the court system. 

HRW requests that Iraq take action to prevent torture and ill-treatment of detainees, and disallow confessions and other evidence obtained through torture or abuse.   They further recommend that Iraq ensure that all arrests and detentions are in compliance with Iraqi domestic law.  They ask Iraq to release all detainees who cannot be charged or who have not been charged with a cognizable offense. 

HRW also recommends that the US continue to physically hold Iraqi detainees, though their cases will be transferred to Iraqi officials.  They ask that the US refrain from actually transferring persons until there is no risk of torture or ill-treatment while in Iraqi custody. 

For more information, please see:

New York Times – Iraqi Justice System is Faulted – 15 December 2008

Voice of America – HRW Says Iraqi Criminal Court Trials Unfair – 15 December 2008

Human Rights Watch – Iraq:  Unfair Trails Mar Main Criminal Court – 14 December 2008

Human Rights Watch – The Quality of Justice: Failings of Iraq’s Central Criminal Court – 14 December 2008

Reuters – Iraqi Justice System Falls Short – Report – 14 December 2008