By Lauren Mellinger
Impunity Watch Reporter, Middle East

BAGHDAD, TEHRAN – On December 1, Iraq and Iran exchanged the remains of soldiers killed during the Iraq-Iran War, marking the latest sign of increased diplomatic relations and cooperation between the two governments, since the fall of Saddam Hussein from power in Iraq in 2003.

The bodies of more than 250 soldiers, 200 of whom were Iraq, were exchanged at the Shalamjah border crossing near the city of Basra.  This latest exchange of fallen soldiers marks the first time that remains were exchanged between the two countries since 2003.

This weeks repatriation of soldiers between the two countries follows the signing of a framework Memorandum of Understanding between the Iranian and Iraq governments, in Geneva in October 2008.  This agreement established a framework for the gathering and sharing of information on the fate of missing soldiers, and the handing over of remains.  This marked the first time the two governments reached a direct agreement without the aid of an intermediary.  Previous discussions regarding the exchange of soldiers’ remains were conducted through the International Committee for the Red Cross.

For families on both sides of the border, this exchange was an emotional moment, as many have been waiting form more than twenty years to be reunited with the remains of their family members, and lay them to rest.  According to Jamila Hammami, a delegate of the ICRC in charge of missing persons for Iraq, “The return of the bodies is important for the families of the dead and an essential element in the process of dealing with the past.”  More than 1 million people from both countries were either killed or went missing during the eight year conflict.

While this marks the first ever direct agreement between the two countries to secure the release of their dead soldiers, the ICRC estimates that tens of thousands of soldiers and prisoners of war from both countries still missing.  The ICRC, along with other human rights organizations, hope that this exchange of soldiers will serve as the beginning of future exchanges between the two countries.  According to Iranian Consul Spokesman Mohammed Baghban, “We want to pursue this long unresolved humanitarian case until it is totally closed.”

For more information, please see:

Al Jazeera –Iraq, Iran Swap Troop Remains  – 1 December 2008

AP –Iraq-Iran Swap Remains of 1980 – 1988 War Dead  – 1 December 2008

BBC – Iraq-Iran War Dead Are Exchanged – 1 December 2008

ICRC – Iraq-Iran: Repatriation of Remains of Soldiers Killed During the 1980 – 1988 War – 1 December 2008

By Nykoel Dinardo
Impunity Watch Reporter, Middle East

BAGHDAD, Iraq – Iraqi Prime Minister Nouri Al-Maliki vowed, in a statement on October 9, that the perpetrators of the bomb attack that killed Parliament Member Saleh al-Ogaili would be brought to justice.  Al-Ogaili was killed Thursday in a bombing that also killed two of Al-Ogaili’s bodyguards and injured three others.

Iraqi police state that the bomb that killed Al-Ogaili was attached to a motorcycle and went off when the MP’s motorcade drove past.  Al-Ogaili died in the hospital soon after the attack due to severe head wounds.  He was buried on October 10 in the city of Al-Najaf.  The MP is known for being radically anti-American, and a member of the Sadrist party.   Following his assassination, several anti-American protests have been held.

It has also drawn a response from both the Iraqi and the American governments.   The US military has denied any involvement in the attack.  The commander of US forces in Iraq, General Raymond Odierno, , and US ambassador in Baghdad, Ryan Crocker, have both condemned the attack.

The Iraqi government has taken a very strong stance in response to this attack.  Prime Minister Al-Maliki traveled to Al-Najaf where he made a public statement vowing to find those involved in this attack.   Al-Maliki said in his statement that the government “reaffirm[s their] determination to get at the hotbeds of terrorism and crime, and arrest and prosecute the killers and bring them to justice.”

Iraqi president Jalal Talabani also made a statement on October 10, condemning those responsible and calling on the people of Iraq to come together against such crimes.  He declared,”All Iraqis, including its political powers, are called on to be unified to ward off all the attempts of planting fight and alienation among Iraqis’ components.”  He also called Al-Ogaili a martyr, and said that those who committed the crime are enemies of the Iraqis.  

For more information, please see:

The Australian – Bomb Kills Anti-US politician Saleh Al-Ogayly In Iraq – 11 October 2008

AFP – Anger Against US Mount As Iraq Shiites Bury Slain MP – 10 October 2008

Xinhua – Iraqi President Condemns Assassination of Shiite Lawmaker – 10 October 2008

BBC – Iraqi MP Killed By Roadside Bomb – 9 October 2008

BBC – Iraq PM Vows to Find MP’s Killers – 9 October 2008

The New York Times – Roadside Bomb in Baghdad Kills Shiite Legislator – 9 October 2008

By Laura Zuber
Impunity Watch Senior Desk Officer, Middle East

(Reuters)

ACRE, Israel – In the evening of October 8, clashes between Jewish Israelis and Israeli Arabs broke out in the port city of Acre (Akko) in northern Israel.  The riots began when a group of Jewish youths attacked an Israeli Arab for driving his car on Yom Kippur.  According to police, there was provocation as the motorist, Taufik Jamal, intentionally drove his car through a Jewish neighborhood on Yom Kippur and had the radio turned up.  Yom Kippur is the most holy day of the Jewish calendar, during which it is considered offensive to drive in much of Israel.

However, according to Jamal he was picking his daughter up from a relative’s house.  Even though it was Yom Kippur and driving is generally banned, he drove to get his daughter since it was late.  According to Jamal he drove slowly and had the radio off.  When he arrived at the his relative’s house, a group of Jewish youths began throwing stones at his 18 year old son and his son’s friend; hitting them in the face and chest.

Jamal states that he called the police, who attempted to sneak the three men out of the neighborhood.  When they were spotted by the youths, Jamal, his son, his son’s friend, and the police officers were forced to flee.  Jamal told Yedioth News, “Only now do I understand that they wanted to lynch us like the terrorists lynched the Jewish soldiers in Ramallah.”

“Rumors then spread out, namely from mosques, claiming that the motorist had been killed, prompting several hundred Arabs to take to the streets,” Mickey Rosenfeld, a police spokesman, said.  Violence escalated as Jewish Israelis and Israeli Arabs clashed in the streets, throwing rocks and chanting slogans at each other.  Witnesses and police report that several hundred people were involved in the riots and that nearly 100 cars have been damaged and 30 stores vandalized.

Violence and high tensions in Acre continued into October 9 and October 10.  500 extra police officers were deployed to assist the 200-strong local force, and maintain peace in the city.  Police set up road blocks to separate the two groups.  The police have also used tear gas, stun grenades, and water cannons to disperse crowds.  Rosenfeld reports that 12 people have been detained and two protesters and one police officer were lightly injured.

Police are not only on high alert in Acre but also in other mixed areas where Jewish Israelis and Israeli Arabs live together, especially in the Old City in Jerusalem.  Acre has a high population of Israeli Arabs with one third of its 50,000 residents being Israeli Arabs.  Around 20 percent of Israel’s population are Arabs, most are descendants of Arabs who stayed in Israel after the creation of the Jewish state in 1948.  While they have full rights as citizens, Israeli Arabs (who also call themselves Israeli Palestinians) often complain of discrimination.

Avi Dichter, the Public Security Minister, said that he would ensure the instigators of the riots were arrested and blamed MPs on both sides for making inflammatory comments, with leaders from both communities accusing the other of carrying out a pogrom.  In addition, Israel  Police Commissioner Dudi Cohen called on public figures and local leaders not to fan the flames of violence.

For more information, please see:

AFP – Israeli Town Hit by Third Day of Jewish-Arab Clashes – 10 October 2008

Al Jazeera – Israeli on Alert After Acre Clashes – 10 October 2008

BBC – Israeli City ‘Calm’ After Riots – 10 October 2008

Jerusalem Post – Acre Clashes Briefly Renewed as Jews Enter Eastern Quarter – 10 October 2008

Times – Yom Kippur Riots Erupt in Acre After Arab Drives Car Through Jewish Area – 10 October 2008

Yedioth News – Akko Riots: Police Ordered on Heightened Alert – 10 October 2008

Associated Press – Clashes Erupt in Mixed Arab-Jewish City in Israel – 9 October 2008

Reuters – Jews and Arabs Clash in Northern Israeli City – 9 October 2008

Yedioth News – Arab Motorist: I Narrowly Escaped Lynch in Akko – 9 October 2008

By Yasmine S. Hakimian
Impunity Watch Reporter, Middle East

THE HAGUE, Netherlands – Authorities in the Netherlands failed to arrest the Minister-without-Portfolio, Ami Ayalon, while he was visiting the Netherlands in May. Khalid al-Shami, a Palestinian man, submitted an application to the Dutch authorities for his arrest. Khalid al-Shami alleges he was tortured from 1999 to 2000 while he was held for 50 days in an Israeli jail. During the alleged torture, Ami Ayalon was the director of the Shin Bet (the Israeli General Security Services – GSS), which investigates individuals suspected of committing crimes against Israel’s security.

Al-Shami was arrested by Israeli soldiers and taken to Ashkelon prison on December 31, 1999. He was interrogated for 20 days, in time blocks between 20 to 40 hours. Al-Shami was alone in a two by two meter cell for two to three hours between each interrogation session. He further alleges being subjected to low temperatures and tied to a small chair by his hands and feet for lengthy periods of time.

After 20 days, Al-Shami appeared before a military court without any legal representation. The court extended his arrest by 30 days. During this additional confinement, Al-Shami claims he was forced to make a written confession. Al-Shami has incurred serious life-long injuries from the torture.

Al-Shami is seeking justice abroad since the Israeli authorities have failed to act on his allegations, even though torture is routinely sanctioned in Israel. For years the Israeli judicial system has failed to pursue Ayalon. The Palestinian Centre for Human Rights (PCHR) with London-based Hickman and Rose Solicitors has collected files of evidence for victims like Al-Shami. PCHR has provided Al-Shami’s lawyers with his evidence file.

Under Article 6 and Article 7 of the United Nations Convention Against Torture any State Party whom a person alleges to have committed torture should be arrested and prosecuted (or extradited for trial elsewhere). In May the BFKW law firm filed a torture complaint with the Dutch prosecution authorities on behalf of Al-Shami.

Dutch authorities had a duty and ample opportunity to arrest Ayalon and establish jurisdiction. Dutch authorities failed to arrest Ayalon even though they established a prima facie case against him and discovered he was not immune from prosecution. Furthermore, the initial torture complaint was marked as urgent. The College of Procurators-General did not decide Ayalon lacked immunity until May 21. Ayalon left the Netherlands on May 20 and as a result, it was too late to arrest him.

The failure to arrest Ayalon will be the subject of a legal challenge in the Court of Appeal. On October 6, Al-Shami applied to the Court of Appeal in The Hague. Through an extradition request or an international arrest warrant, the order requires the Prosecutor to start a criminal investigation into Ayalon.

For more information, please see:

Adnkronos International – Netherlands: Rights Group Demands Arrest of Israeli on Torture Claims – 7 October 2008

Electronic Intifada – Palestinian Torture Victim Seeks Justice in the Netherlands– 7 October 2008

Jerusalem Post – Dutch Lawyers Seek Arrest of Minister Ami Ayalon – 7 October 2008

Ma’an News Agency – Holland Says Israeli Minister Ami Ayalon Persona Non Grata – 7 October 2008

Sumound – Dutch Lawyers Seek Ex-Israeli Spy Chief’s Arrest for Torture – 7 October 2008