The Middle East

Iraqi court delivers guilty verdicts in Anfal trial

On June 24, a judge of the Iraqi High Tribunal (IHT) delivered the verdict as the Anfal trial ended after ten months.  The defendants were changed with various crimes against humanity relating to the Anfal campaign against the Kurds in 1988.  During this campaign Kurds were systematically murdered, tortured, detained, and displaced.  The number of Kurds killed during this year long campaign ranges from 50,000 to 180,000.  During the past ten months, the IHT heard testimony from survivors detailing mass graves, the use of chemical weapons, and mistreatment of detainees.

The defendants included:

  • Ali Hassan al-Majid – former Ba’ath leader in northern Iraq and Saddam Hussein’s cousin
  • Saber Abdul-Aziz al-Duri – director of military intelligence
  • Sultan Hashim Ahmed – military commander of the campaign
  • Hussein Rashid al-Tikriti – deputy of operations for the Iraqi forces
  • Farhan al-Jibouri – head of military intelligence in northern Iraq
  • Taher Muhammad al-Ani – governor of Mosul

** Prosecutors removed Saddam Hussein as a defendant following his execution on December 30, 2006.

Majid, known as “Chemical Ali” for his use of chemical weapons, received five death sentences for his role in the Anfal campaign against the Kurds in 1988.  Defendants Ahmed and al-Tikriti both received three death sentences.  The IHT found al-Douri and al-Jabouri guilty of involvement in Anfal, yet these two defendants received life sentences.  The last defendant, al-Ani, was found not guilty based on a lack of evidence.

This verdict is the second verdict delivered by the IHT.  The verdict for the Dujail trial was delivered in November 2006, where Saddam Hussein received the death sentence.  Recently, Human Rights Watch (HRW) released a briefing in which it listed the legal flaws of the Dujail trial.  Serious flaws include:

  • The IHT inferring from the defendant’s position in the government that he had the requisite knowledge and criminal intent; 
  • Failure to show the required lines of command and control necessary to establish command responsibility;
  • Using lower-level defendants’ status as Ba’th party members to prove intent without requiring evidence of individual criminal intent;
  • Allowing witnesses to testify anonymously and prohibiting the defense from questioning the witnesses; and, 
  • Failure to address numerous instances of same-day or late disclosure of prosecution evidence to the defense that was used at trial.

Also, HRW listed two additional concerns relating specifically to the Anfal trial.  First, on September 2006, the presiding judge was removed by the Iraqi president and Cabinet after he made statements perceived to be favorable to the defendants.  Second, the charges against the defendants were vague, making it difficult for the defense to properly prepare their cases.  HRW stressed that while the international community is continually working to stop human rights abuses and holding violators accountable, it is important that the methods used meet international law standards.

For more information on the verdict of the Anfal trial, please see:
The Independent:  “Chemical Ali: The end of an overlord”  25 June 2007. 

New York Times:  “Hussein cousin sentenced to die for Kurd attacks”  25 June 2007. 

BBC:  “‘Chemical Ali’ sentenced to hang”  24 June 2007. 

BBC:  “Timeline: Anfal Trial”  24 June 2007. 

HRW:  “The Anfal Trial”  22 June 2007. 

 

For HRW’s briefings on the flaws of the Dujail Trial, please see:
HRW:  “Dujail judgment marred by serious flaws”  22 June 2007.

HRW:  “The poisoned chalice”  22 June 2007. 

HRW:  “Judgement of the Dujail Trial at the Iraqi High Tribunal: English Translation”  June 2007.

 

For HRW documentation of the Anfal Campaign, please see:
HRW:  “Genocide in Iraq:  The Anfal Campaign Against the Kurds”  July 1993.

Copts and Muslims Clash

            There have been many clashes between the Muslims and the Copts throughout Egypt.  The recent conflicts between the two religious groups began on June 8, 2007. It began with rioting, and looting in the Coptic quarter of the city of Zwyet Abdel-Qader.  On June 12, 2007, another uprising broke out between two construction workers, culminating with vandalism of a Coptic church.  The next clash occurred at Saft Maidoum.  It arose over a bicycle accident between a Coptic man and a Muslim girl. After the accident, the girl fainted. Believing that their daughter was dead, the child’s parents attacked the Copt’s family.  Four people were injured and 35 were arrested.  A couple days later, 20 people were detained and 13 people were injured, over a controversial court ruling regarding the appropriation of land to some of the Copts.

            The Copts are a Christian sect.  They compose 10% of the Egyptian population.  They have had a rivalry with the Islamic militants.   The most deadly clash between the Copts and Muslims was in 2000, when 22 people were killed in once incident, 21 Copts and one Muslim. The tensions had been more relaxed in the past few years.

            The Copts have faced discrimination from the government. Until recently, they had to get approval from the government, for any minimal improvements done at a church. The children born into the Coptic Church are made to tattoo crosses on their wrists when they are very young. This separates those who were born into the Coptic Church, from those who convert to Christianity later.

            The Copts have not been protected by the Egyptian government, despite the fact that they have suffered greatly as the hands of militants. Yet the government is slow at capturing the Copts attackers. For example, no one involved  in the attack in 2000 where 21 Copts were killed  are still in prison.   It is possibly because the Egyptian government is looking for a way to excuse its aggressive crackdown on the Muslim Brotherhood.  The problem with the government’s reasoning is the fact that the Muslim Brotherhood is a political group, while the Copts are a people group. 

Al-Ahram. Fanning the Flames. 21 June 2007.

IPSnews. Egypt: Clashes Could Bring Sectarian Conflict. 21 June 2007.

BosNewsLife. Egypt Detains Six After Clashes Between Muslims and Christians. 16 June 2007.

Gulf Times. 13 hurt in Egyptian sectarian conflict. 17 June 2007.

Iraqi orphans mistreated

On June 10, members of the US 82nd Airborne Division found 24 boys, between the ages of 3 to 15, were found in a Baghdad orphanage.  Some boys were found tied to their beds, while others were found lying in their own waste.  One of the boys was so emaciated that army medics did not believe that he would survive.  When he was found, he was so weak that the only thing that he could move was his eyes.

The boys were found in a government ran orphanage for boys with special needs (i.e. physical or mental disabilities).  The boys were found naked and emaciated while build held a fully stocked kitchen and shelves filled with new clothes.  It was thought that the supplies meant of the children were being sold at the local market.

The manager of the orphanage has fled and is believe to be on the run.  Two female caretakers have also fled.  So far, only two security guards have been arrested.

Currently, the boys are recovering in an orphanage located only minutes away from where they were abused.

For more information please see:
International Herald Tribune:  “Heavy fighting as US troops squeeze insurgents in Iraq city”  21 June 2007. 

CBS: “Recovering Iraqi Orphans Face Bleak Future”  20 June 2007. 

CNN:  “Two dozen orphans mistreated in Iraq, officials say”  20 June 2007. 

Middle East Online:  “Appalling scenes in Iraq orphanage”  20 June 2007. 

BBC:  “US finds neglected Iraqi Orphans”  19 June 2007. 

CBS:  “Iraqi Orphanage Nightmare”  18 June 2007.

Yemen Arrests Editor despite Ceasefire

    The suffering of the people in the Saada region has been detailed by online newspapers, such as Al-Shoura. The newspaper’s articles have brought attention to the region. Thus the Yemen government is seeking to settle with the rebels, in order to help the suffering people of the region. Despite the positive impact of Al-Shoura of bringing attention to the Saada conflict, the Yemen government has still  arrested the newspaper’s editor. He is charged with being connected with terrorists.

    The war between the Saada rebels and the Yemen government has finally come to a ceasefire. The rebels have decided to turn over military equipment to the government in exchange for the government releasing prisoners and also rebuilding the war-torn villages. The war destroyed the Saada region, and its people have suffered.

    The war has also been a source of tension amongst the Yemen state sponsored media and its rival media outlets. The government has closed news networks which contradicted the message portrayed by the state sponsored networks. For example, recently it shut down www.al-shoura.net and www.aleshteraki.net for not following government regulations.  (see Yemen  Closes Two Rivals of the State News Network.)

    On June 20, 2007 the Yemen government arrested, Abdel Abdul Karim al-Khawinay, the editor of the online newspaper Al-Shoura. He is allegedly connected to terrorists. His home was raided by Yemen security agents. The International Herald Tribune reported that al-Khawinay was beaten “with fists and gun-butts, then dragged him bleeding from the ear and nose to the police station. ‘His face, pajamas were all stained with blood,’ said al-Khawinay’s wife.”

    Although the government has negotiated peace talks with the rebels, it is still seeking to control the media. The Yemen government believes that al-Khawinay has connections with the rebels. Al-Khawinay was arrested once before, but received a presidential pardon. Al-Shoura, al-Khawinay’s online newspaper, has continually attacked the government for favoritism and nepotism, instead of giving important government posts to the most qualified personnel. This continual barrage has culminated in the Yemen government trying to shut down the network.

    Although the peace talks bode well for the people in the Saada region, the arrest of the newspaper editor is a sign of greater Yemen censorship. This is disconcerting, because it was newspapers like Al-Shoura, which showed the suffering in the Saada region. If the plight of the Saada people had not been voiced, then the Yemen government may have been less motivated to quickly help in the Saada region who are suffering.

Committee to Protect Journalists.Editor detained on terrorism allegations. 20 June 2007.
International Herald and Tribune. Journalists protest after police arrest opposition editor accused of supporting Shiite rebels. 20 June 2007.
Yemen Observer. Sa’ada rebellion draws to a close. 17 June 2007.

Anti-Syrian MP slain in Beirut blast

On May 13, Walid Eido, a Lebanese MP and long time anti-Syrian lawmaker, was killed in a blast outside a Beirut health club.  A remote car bomb was detonated as Eido’s convoy passed an empty car.  Eido’s eldest son and two bodyguards were also killed in the explosions, along with seven other civilians.  This is the sixth bombing in Beirut in the last month.  However, it differs from the previous blasts in both size and destruction.  While the five prior attacks seem to focus on causing fear, this bomb is estimated to weigh as much as 175 pounds and was intended to cause damage.

Eido was a member of the anti-Syrian majority party and ally of the former Prime Minister Rafik al-Hariri, who was assassinated in March 2005.  Eido is the sixth anti-Syrian figure to be assassinated since 2005.  Others include al-Hariri, journalist Samir Kassir, George Hawi, Gebran Tueni, and Industry Minister Pierre Gemayel.  Eido’s death and the resignation of an anti-Syrian coalition member last week reduced the margin of majority to just three in the parliament.

After the assassination of Gemayel in November 2006, the anti-Syrian coalition government attempted to hold by-elections to fill his seat.  However, President Lahoud did not give the constitutionally required approval.  But on June 16, the cabinet announced that it will hold by-elections on August 5 to fill the seats once held by Eido and Gemayel.  Lahoud’s recent comments suggest that he will not approve the elections.  However, the governing coalition stated that it will “press on” with the election, even without presidential approval. 

Eido’s allies and members of the anti-Syrian coalition, especially those of the Lebanese Future movement, stated that Syria is behind these attacks.  Saad al-Hariri, the son of the late prime minister and leader of the Future bloc, accused Syria and Syrian supporters, like Hezbollah, of the attacks.  al-Hariri claims that Damascus and pro-Syrian lawmakers are hoping to reduce number of the anti-Syrian ministers in hopes of increasing the pro-Syrian influence over the upcoming parliamentary elections for president. 

Syria has condemned the attack and denied any involvement. 

For more information please see:

Washington Post:  “Political battle looms in Lebanon”  16 June 2007. 

Al Jazeera:  “Beirut by-elections for slain MPs”  16 June 2007. 

The Daily Star:  “Eido funeral turns into rally against Syrians, opposition”  15 June 2007. 

The Daily Star:  “Syria denounces Eido assassination, bristles at accusations of involvement”  15 June 2007. 

BBC:  “Anti-Syrian MP mourned in Lebanon”  14 June 2007. 

The Daily Star:  “March 14 MP Walid Eido assassinated in Beirut bombing”  14 June 2007. 

ME Times:  “Angry mourners blame Syria at Lebanon MP’s funeral”  14 June 2007. 

Washington Post:  “Anti-Syrian bury slain Lebanese MP, blame Damascus”  14 June 2007.

Al Jazeera:  “Beirut bomb kills Politician”  13 June 2007. 

Washington Post:  “Recent killings of top Lebanese figures”  13 June 2007.