By Laura Zuber
Impunity Watch Senior Desk Officer, Middle East

NEW YORK CITY, United States – On September 10, Human Rights Watch released a report, “The Last Holdouts: Ending the Juvenile Death Penalty.”  In the report, HRW renewed its call for a global ban against the practice of executing individuals for crimes committed as minors.  The report noted that only five states account for all of the juvenile executions since 2005: Iran, Saudi Arabia, Sudan, Pakistan, and Yemen.

The report states that Iran has executed 26 juvenile offenders since 2005.  So far, in 2008, Iran has executed six child offenders; including Behnam Zare on August 26 and Seyyed Reza Hejazi on August 19.  In addition to the six individuals executed, there are at least 130 others who are awaiting execution. 

The report also states that two juvenile offenders were executed in Saudi Arabia since 2005: Dhahiyan bin Rakan bin Sa`d al-Thawri al-Sibai`i on July 21, 2007, and Mu`id bin Husayn bin Abu al-Qasim bin `Ali Hakami on July 10, 2007. 

Both Iran and Saudi Arabia are members to the Convention on the Rights of the Child as well as the International Covenant for Civil and Political Rights.  Both international treaties expressly prohibit the execution of individuals for crimes committed before the age of 18.  In addition, in 1994, the UN Human Rights Committee stated that it considered the prohibition against juvenile execution to be a part of international customary law. 

However, Article 7(1) of the 2004 Arab Human Rights Charter states “Sentence of death shall not be imposed on persons under 18 years of age, unless otherwise stipulated in the laws in force at the time of the commission of the crime.”  Both Iran and Saudi Arabia have laws which permit judges to impose the death penalty on child offenders.

In Iran, judges are permitted to impose the death penalty on individuals who have reached the age of majority (9 years old for girls and 15 years old for boys).  In Saudi Arabia judges have discretion to impose the death penalty on offenders who have reached puberty or who are 15 years old or older, whichever is first. 

The juvenile death penalty is outlawed in Yemen, but because birth registration levels were low young offenders can have trouble proving their age and are often treated as adults. Yemen last executed a juvenile offender in February 2007.  Adil Muhammad Saif al-Ma’amari was executed despite claiming that he was only 16 years old when the crime occurred and that he had been tortured to confess.   

For more information, please see:

News Yemen – UN holds Yemen, KSA, Iran, Pakistan Responsible for Juvenile Executions – 15 September 2008 

Human Rights Watch – The Last Holdouts, Ending the Juvenile Death Penalty in Iran, Saudi Arabia, Sudan, Pakistan and Yemen – 10 September 2008 

Human Rights Watch – UN: Five Countries Responsible for ALL Executions of Juvenile Offenders – 10 September 2008 

Reuters – Iran Accounts for Most Juvenile Executions-Report – 10 September 2008

By Lauren Mellinger
Impunity Watch Reporter, Middle East

AGADIR, Morocco – On September 8, Mohamed Elrraji was sentenced to two years in prison and fined 5,000 dirhams (US $625).  He was found guilty of disrespecting the King of Morocco under Article 41 of the Moroccan Press Law.

Elrraji was arrested and convicted in connection with a blog he published on Hespress, an independent Moroccan website.  The blog, entitled:  “The King encourages the nation (to rely) on handouts,” expressed criticism of King Mohammed VI.  In his blog, Elrraji argues that the King’s charitable habits stifle development in Morocco and force people to be dependent on his government.

On September 4, Elrraji was summoned to the police station in Agadir and questioned for over 8 hours and told to return to the station the following day.  Upon arrival at the police station on September 5, Elrraji was kept in pre-arraignment detention and then transferred to Inzegaine prison on September 7th.

No one in Elrraji’s family was informed of his detention, in violation of Moroccan law that requires the police to notify the relatives of detainees at the beginning of their detention.

Human Rights groups, such as Amnesty International, Reporters Without Borders and the Moroccan Association of Human Rights, criticized the trial.  They claim that the Moroccan court where Elrraji was tried did not respect the basic elements of a fair trial.  A family member present at the trial claimed that Elrraji did not have time to seek legal counsel due to the secret detention and hurried investigation.  In addition, he stated that the judges barely deliberated before convicting Elrraji.

Elrraji’s lawyer on appeal told Reporters Without Borders that the “trial was conducted badly.  The police, the prosecutors and the local authorities imprisoned Mohamed Elrraji in order to dispose of the case.”

In the past few years many journalists and human rights activists have been convicted under certain provisions of the Moroccan Penal Code and Press Code for peacefully expressing their views.  These provisions carry sentences of up to 5 years imprisonment and/or heavy fines for any “offenses” against the King, the royal family, or for “undermining the monarchy.”  Such provisions are in contravention with the right of free expression, enshrined in the Moroccan Constitution and in international law.

On September 11, at the request of Elrraji’s defense attorneys, Elrraji was temporarily released from custody.  His appeal is scheduled to take place at the Court of Appeals in Agadir on September 16.

For more information, please see:

The Guardian – Silenced Voices Speak Up – 15 September 2008

Amnesty International USA – Moroccan Blogger Jailed for Peacefully Expressing His Views– 11 September 2008

BBC – Morocco Jails King Insult Blogger – 9 September 2008

The Arabic Network for Human Rights Information – In One Session, Without Defense or Lawyers, the Sentence of the Moroccan Blogger, Mohamed Elrajji, to Two Years Imprisonment and a Fine– 9 September 2008

RAFAH, Egypt – An Egyptian hospital official said Egyptian security forces shot and injured three African migrants who were attempting to cross the border illegally into Israel on Sunday, September 14. 

Two migrants from Sudan and one from Ivory Coast ignored warning shots and continued toward a barbed wire barrier south of the border crossing of Rafah, a medical official said.  He added that their injuries were not serious. 

Egyptian government officials deny allegations that the Egyptian forces sometimes shoot at refugees without a warning, even when the victims lay on ground or raised their hands in surrender.   

Refuge advocates say that Egypt adopted this policy due to the pressure of U.S. and Israel to stop the flow of African immigrants into Israel.  But both U.S. and Israel deny this assertion. 

For more information, please see:

Jerusalem Post – Egyptians Shoot at Three African Migrants Near Egypt-Israel Border – 15 September 2008

News 24 – 3 Migrants Shot at Border – September 15, 2008

Press TV – 3 Migrants Shot at Egypt-Israel Border – 15 September 2008

Washington Post –  Egyptian Policy Imperils Refugees, Migrants at Israel’s Door – 12 September 2008

By Yasmine S. Hakimian
Impunity Watch Reporter, Middle East

KURDISTAN, Iran – Amnesty International released a statement over their concern for more than 50 prisoners currently on a hunger strike. The prisoners are members of Iran’s long-time Kurdish minority group.  The prisoners are protesting against torture and other ill-treatment of prisoners, and are calling for an immediate end to executions.. The protesters are also seeking better prison conditions and independent inspection of Iranian prisons by national and international human rights organizations.

The hunger strike began on August 25, 2008. Of the more than 50 protestors, 15 are being held in Sanandaj, 33 at Oroumiye, three at Saqqez, and four in Tehran. Many of the prisoners are human rights, civil rights or women’s rights activists. Among the group are teachers, journalists, and students.

The trials of these prisoners took place behind closed doors, without a defense lawyer, and, on several occasions, the prisoner was not present. Currently eight prisoners, who are Kurdish intellectuals and activists, await death.  Many of the prisoners are being held without a charge or verdict against them. Many of the victims are accused of crimes they never committed. 

The prisoners claim their hunger strike is indefinite, yet there is little indication that the Iranian authorities will answer the hunger strikers’ demands. To date, the authorities have expressed no reactions to the hunger strikers or their demands.

Families of the idividuals are asking powerful international political organizations, human rights organizations, and supporters of freedom to help these prisoners. They hope to prevent the Iranian government from killing innocent people for their political views or religious beliefs.   

For more information, please see:

Payvand’s Iran News – Iran; Prisoners of Conscience and Death Row Prisoners – 12 September 2008

Amnesty International – Iran: Prisoners of Conscience and Death Row Prisoners on Hunger Strike – 11 September 2008

The Guardian – Tehran Targets Journalists – 11 September 2008

Kurdish Human Rights Project – Iran Prisoners Mount Hunger Strike – 10 September 3008

Iran Political Prisoners Association – Defend the Rights of Kurdish Political Prisoners Who Are on Hunger Strike in Iran – 9 September 2008

Kurd Net – Iran: Jailed Kurds Begin Hunger Strike – 25 August 2008

By Nykoel Dinardo
Impunity Watch Reporter, Middle East

SANA’A, Yemen – Yemeni President Ali Abdullah Saleh pardoned the final twelve political activists on Thursday, September 11.  The pardon was given after all twelve had signed agreements stating that they would not return to previous rebellious activities and that they would “abide by the constitution and operative laws in the country in addition to the national constants and not to violate them” according to Almotamar.net the official e-newspaper of the General People’s Congress of Yemen.

Among the activists held was political figure, Hassan Baoum, a member of the Yemen Socialist Party (YSP).  Baoum is currently being tried, with eight other senior YSP officials, by the state of Yemen for activities related with political protests and rioting that took place in Yemen’s Southern provinces earlier this year.  They are charged with incitement and pursuing secessionist aims.  The other seven YSP officials were among those released.  However, it is uncertain whether Baoum remains in Yemeni custody.

The continued detention of Baoum has become a concern of Yemeni human rights organizations.  There are worries that Baoum’s health is in poor condition and that continued detention may endanger his life.  The Yemen Observatory for Human Rights has criticized his detention, stating that he is being detained simply for expressing his opinion, a basic right under the Yemeni constitution.

There were other reports released Thursday stating that Baoum was later released.  AFP reported that Mohammad Al-Mekhlafi, chief of the YSP legal department, stated Thursday night that Baoum’s release was delayed by several hours because he initially refused to sign the agreement required as a condition of his release.

The Yemen Socialist Party was the ruling party in South Yemen before the unification of Yemen in May of 1990.  However, since the unification, there have been continuing unrest and periodic rebellion against the government.  In 1994 there was a secession bit by the South, and since then many Southerners complain of discrimination. 

In April 2008, there was an uprising led by the youth in South Yemen that resulted in several deaths and a strong response by the Yemeni military, including incidents where Southerners were injured or killed when Yemeni military fired rounds into the air and barricaded streets with tanks. 

For more information, please see:

Jordan Times – Yemen Activists Freed But Top Socialist Still Held – 12 September 2008

AFP – Yemen Frees Socialist Activists Jailed Over Unrest – 11 September 2008

Al-motamar.net – Presidential Pardon for Detainees Over Instigating Division and Regionalism – 11 September 2008

Reuters Alertnet – Yemen Pardons Rioters in Deal with Opposition – 11 September 2008

BBC News – Tanks Deployed After Yemen Riots – 1 April 2008