By Vivek Thiagarajan
Impunity Watch Senior Desk Officer, Middle East

BAGHDAD, Iraq- On Tuesday, the Iraqi government proposed legislation to remove immunity for independent government contractors like Blackwater USA.  This draft law would overrule the Order 17 by L. Paul Bremer on June 27, 2004, which gave all private contractors and others associated with Bremer immunity from Iraqi law.

Bremer was the Director of Reconstruction and Humanitarian Assistance for Iraq and Administrator of the Coalitional Provisional Authority.  In essence, he was the top U.S. official in charge of Iraq and reported to the U.S. Secretary of Defense until the handover to the Iraqis for self governance.

The act, if passed, would only apply to future acts.  It probably will make the hiring of government contractors such as Blackwater USA much more difficult, because of the contractors’ reluctance to be held to Iraqi law.  Blackwater USA and other contractors were specially utilized because of their different rules of engagement, which typically allowed them more discretion when facing hostile situations than the official military.  However, this incentive will be dropped because the contractors will be held at higher standards by the Iraqi government than the official U.S. soldiers.

The U.S. government, however, may try to extend the immunity to the government contractors.  Since the legislation is not retroactive the lift on the ban could not apply to the Blackwater USA agents involved in the September 16 shooting where 17 Iraqis were killed.  If those agents acted wrongfully the conduct would fall under the jurisdiction of the United States.  However, it will be difficult for a fact finder to hold the agents liable because most of the agents who testified were granted immunity for those actions.  Concurrently, Blackwater’s owner maintains that his company was justified in their actions on September 16, and Blackwater not guilty of any wrongful misconduct.

Every government must show a firm commitment to protect its citizens.  This law lifting immunity for contractors is necessary for the Iraqi government to show its willingness to protect its citizens irregardless of outside pressures.  Although the immunity ban would not be retroactive, if enforced, it can set a clear precedent of greater protection for Iraqi civilians from future contractors.

For more information, please see:

BBC News- Blackwater men ‘given immunity’- 30 October 2007

BBC News- Iraq to end contractor immunity- 30 October 2007

Houston Chronicle (AP)- Iraq bill would lift contractor immunity- 30 October 2007

International Herald Tribune- Immunity deals offered to Blackwater guards- 29 October 2007

COALITION PROVISIONAL AUTHORITY ORDER NUMBER 17 (REVISED)- STATUS OF THE COALITION PROVISIONAL AUTHORITY, MNF- 27 June 2004

By Kevin Kim
Impunity Watch Reporter, Middle East

BAKU, Azerbaijan – An Azerbaijani newspaper editor was sentenced on Tuesday to eight and a half years in prison over an article on Iran. The Court for Grave Crimes convicted Eynulla Fatullayev, the founder and editor of the now extinctReal Azerbaijan and Azerbaijan Daily newspapers, on charges of terrorism, incitement of ethnic hatred and tax evasion. The decision came amid a steady rise in the Azerbaijan authorities’ harassment of independent press this year.

This is the second time Fatullayev has been brought to trial this year. In April, he was sentenced to two and a half years in prison for dubious libel charge.

His lastest trial focused on terrorism charge in which an article in Real Azerbaijan listed various facilities in Azerbaijan to be in danger of retaliation if the government chooses to support the American military action against Iran. Even though the former Soviet republic pledged that it will not assist U.S. in its operation, people along the border live with constant rumors over the possibility that the United States could use their territory to attack neighboring Iran. The charge of inciting racial hatred also derived from this article when he warned that this policy could revive ethnic tension within Azerbaijan.

Furthermore, Fatullayev was fined more than 200,000 Manat (approximately $235,000) for alleged tax evasion.

Fatullayev’s lawyer believes that neither the terrorism and its related charges nor the tax evasion charge can be substantiated with plausible evidence. Rights group around the globe also questions how the commentary could be construed as advocating ethnic hatred and warrants a criminal prosecution. In addition, his lawyer believes that reported calcuation behind the tax evasion charge was erroneous.

Fatullayev denounced the verdict as politically motivated. Fatullayev is known in Azerbaijan for his frequent criticism of the government. Consequently, he has been a victim of harassment and intimidation for many years. His father was once kidnapped and the kidnappers threatened to kill both Fatullayev and his father unless he stopped publishing his newspapers. His father was eventually released, but the kidnappers remained at large. Fatullayev and his family also received many death threats but Azerbaijan authorities refused to investigate these claims.

A US based rights organization rated that Azerbaijan is among the world’s worst ten states for press freedom.

For more information, please see:

Associated Press – Azerbaijan editor jailed over article – 1 November 2007

Amnesty International – Prisoner of conscience sentenced to a further eight and a half years’ imprisonment – 1 November 2007

Reporters Without Borders – Long jail term for newspaper editor confirms Azerbaijan’s poor ranking in world press freedom index – 31 October 2007

Human Rights Watch – Outspoken editor sentenced to eight years and six months – 30 October 2007

Reuters – Azeri court quadruples jailed reporter’s sentence – 30 October 2007

By Laura Zuber
Impunity Watch Reporter, Middle East

HEBRON, West Bank – On October 29, nearly 300 Palestinians living on the Israeli side of the separation barrier were handed eviction orders by Israeli soldiers.  Soldiers broke up the encampment and told the 27 families to move to Idhna village, located on the other side of the barrier.  No comment is available from Israeli authorities.

The separation barrier, approved by the Israeli government in 2002, is a combination of concrete wall, barbed wire, and fencing separating Israel from the West Bank.  Israel maintains that the purpose of the barrier is security; to prevent bombers from entering Israel.  Israel began building the separation barrier in 2002 and has completed 56% of the planned route.  Of the 260 km remaining, 100 km are currently being disputed in Israeli court and 160 km are still in the planning phase.

Some Israelis, Palestinians, and the international community condemn the barrier as contrary to international law and causing serious humanitarian crises.  Their argument rests on the fact that the barrier is not built on the “Green Line” – the internationally recognized border between Israel and the West Bank – but rather “snakes” into Palestinian lands in the West Bank.  The route creates niches of Palestinians villages surrounded by the barrier, limiting the resident’s access to the West Bank and more importantly, their farmland.

According to the Ministry of Defense, as of March 2007, there were 39 petitions concerning the separation barrier waiting to be heard by Israel’s Supreme Court; 28 of them involved objections to the planned route.  In September 2007, the court ordered Israel to re-route the barrier in the Bilin area. The three-judge panel ruled unanimously that the planned route was “highly prejudicial” against the villagers and ordered that an alternative route be mapped out.

The Israeli Supreme Court held that the villagers were being discriminated against by having their land seized and their olives trees cut down for construction.  While Bilin residents celebrate, the Israeli Supreme Court has rejected petitions in the past, holding that Israel’s security interests outweigh the negative impacts on Palestinians when no alternative route exists.  However, in 2004, the International Court of Justice held that building the barrier along the planned route is contrary to international law and construction of the wall on occupied territory should be suspended.

For more information, please see:

Jerusalem Post – Fence section completion since July: 0 – 31 October 2007

AFP – Israel evicts Palestinians on “wrong” side of barrier – 29 October 2007

AFP – Court orders Israel to re-route barrier – 4 September 2007

Ministry of Defense – Status report – legal aspects of the Security Fence – 1 March 2007

International Court of Justice – Advisory Opinion – 9 July 2004

BAGHDAD, Iraq-  Local NGOs have raised concerns regarding reports that children have been tortured and abused while being interrogated in Iraqi prisons.

“‘Children are being treated as adults in Iraqi prisons and our investigations have shown that they are being abused and tortured,’ said Khalid Rabia’a, a spokesman for the Prisoners’ Association for Justice (PAJ).”  (IRIN)

Mr. Rabia’a cited an example of five child prisoners who were between 13 and 17.  The children were interrogated because the Iraqi military operators had suspected that the children were supporting insurgents.  “‘The five children showed signs of torture all over their bodies.  Three had marks of cigarettes burns over their legs and one couldn’t speak as the shock sessions affected his conversation,’ Rabia’a said.” (IRIN)

The Iraqi government has denied the allegations and stated that those individuals who have abused adults or children through the prison system have been eliminated and punished.  However according to the IRIN, at least 220 children are being held in the Iraqi prisons.  An Iraqi official, who requesting anonymity, stated to IRIN that under his watch alone there were 20 children held captive and being abused.

The problem has been acknowledged by Iraqi Vice President Tarek al-Hashimy, who is beginning a campaign to end child abuse.

For more information, please see:

IRIN Middle East- IRAQ: Child prisoners abused and tortured, say activists- 25 October 2007

JERUSALEM, Israel – On October 28, Israel confirmed that it began to restrict delivery of fuel to Gaza, pursuant to sanctions recently approved by Barak.  However, ten human rights groups have petitioned Israel’s High Court of Justice to order Israel to freeze implementation of the sanctions.  The court rejected the petitioners’ demand for a freeze, but instead required the government to justify its decision by November 2.  According to the petitioners, the sanctions are a collective punishment that would cause “irreversible damage to the health and welfare of the residents of Gaza.”  While the court ordered Israel to justify the sanctions, they refrained from banning the sanctions completely.  In response to the court order, Israel’s Attorney General, Menachem Mazouz, suspended plans to restrict delivery of fuel and electricity to Gaza.  He stated that more research is required to implement the plan without causing a humanitarian crisis.

The European Union and United Nations criticized Israel’s decision to impose economic sanctions.  The European Union called the measures “collective punishment” and while noting the distressed caused by rocket attacks, stated that collective punishment is never the answer.  Also, UN Secretary-General Ban Ki-moon repeated his call to militants to halt their rocket attacks but called Israel’s planned response to be “unacceptable.”

For more information, please see:

Associated Press – Israeli AG halts electricity cut to Gaza – 30 October 2007

BBC – Gaza electricity cuts suspended – 30 October 2007

Ha’aretz – Mazuz prohibits punitive power cuts in Gaza Strip – 30 October 2007

Forbes – Court orders Israel to justify Gaza sanctions – 29 October 2007

Yedioth – Petition: Prevent reduction of Gaza fuel, electricity supply – 28 October 2007