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IHRDC Releases Report on Apostasy in the Islamic Republic of Iran

July 30, 2014

Apostasy_Cover_Thumb_801567951(New Haven) — Today, the Iran Human Rights Documentation Center (IHRDC) released a detailed report, Apostasy in the Islamic Republic of Iran, explaining the jurisprudential as well as the legal context in which apostasy cases are prosecuted in the Islamic Republic of Iran. The report takes an in-depth look at a number of apostasy cases involving a diverse range of defendants, and provides an account of the legal and religious issues raised in each case. A full version of the report is accessible here.

Although apostasy is punishable by death in Iran, the Islamic Republic has never codified the crime of apostasy. Instead, relying on the Iranian Constitution, the Islamic Penal Code authorizes the enforcement of certain Islamic laws known as hodud crimes even when the crime is not specifically mentioned in the criminal code. The fact that apostasy is not explicitly proscribed by the Iranian legal framework, and the differences in interpretations of Islamic law regarding apostasy, contribute to a lack of legal certainty for those living under Iranian laws.

Apostasy in the Islamic Republic of Iran relies on witness interviews, media reports and court documents to demonstrate how Iranian authorities have handled apostasy cases. This report also describes how the Iranian government violates its international obligations with respect to freedom of thought, conscience and religion, as well as the right to life.

“Religious freedom has been a pressing human rights issue in Iran since the founding of the Islamic Republic in 1979. The Iranian government has systematically discriminated against Christian converts, Bahá’ís, Sunni Muslims and others,” said Gissou Nia, the Executive Director of IHRDC. “Apostasy in the Islamic Republic of Iran looks at religious persecution from a different angle and contributes to a better understanding of this topic.”

The Persian translation of the report and full testimonies of witnesses interviewed for the report will be published in upcoming weeks.

For further information, please contact:
Gissou Nia
Executive Director
Iran Human Rights Documentation Center
Email: GNia@iranhrdc.org
Phone: +1 203 654 9342

Media Restrictions in Fiji Threaten Free and Fair Democratic Elections

by Max Bartels

Impunity Watch Reporter, Oceania 

 

Suva, Fiji

Fiji is preparing for its first democratic election since the military coup in 2006. Since the coup the Fijian media has been subjected to restrictions by the military government seeking to control the flow of information to its citizens, the government has ramped up these restrictions as the September elections approach. The Fijian government has added new regulations monitoring the level of bias in political reporting. The regulations cover both local Fijian reporters as well as foreign reporters working in Fiji and covering Fijian politics. Violation of the regulations results in fines and can be punishable by up to five years in jail. So far a number of foreign reporters have been banned from Fiji after writing articles or conducting interviews that the government believed  to reflect bias that they did not want the public exposed to. One of these reporters was New Zealander Michael Field who made comments about the state of the Fijian media being farcical and that it does not represent a fair and free democracy.

FIJI DEMOCRACY MARCH SYDNEY
Fijians protest the military government and the restrictions to freedom and democracy they’ve suffered.
(Photo Curtesy of SBS News Australia)

Amnesty International has stressed that in regards to the Fiji election freedom of expression is crucial for the media to achieve governmental transparency. The government has passed legislation aimed at restricting the freedom of journalists writing on the election and other issues within the government. Many journalists have been intimidated by the government, slapped with heavy fines and jail time. Amnesty International also reported there has been a number of arbitrary detentions of  number of local journalists. In order for elections to be free and fair there must be an unrestricted media with the ability to criticize the government and the candidates without fear of retribution by the authorities.

When the media decree was first enacted after the coup it stated that media reports must not include material, which goes against public interest or order. These decrees put the media under the effective control of the military government. When the laws were first enacted there was an opportunity for public consultation, however those members of the public who had the opportunity to consult were only given two and a half hours to read the law and prepare for the consultation. There was not a proper opportunity for an opposition to the decree. This sort of policy has continued even during the transfer to democracy and these sorts of laws are in opposition to the democratic changes the country is trying to make and hopefully not a reflection of the rest of the election process.

For more information, please see:

ABC Australia Network News — Fiji to Set up Media Monitor Ahead of Election — 27 March 2014

Fiji Times — Media restrictions — 29 April 2014

Amnesty International — Fiji: End Harassment of Journalist Ahead of Election — 27 June 2014

ABC News Australia — Fiji Media Decree ‘Extremely Worrying’ — 7 April 2010

SBS News Australia — In Fiji, Free Press Remains Elusive — 11 July 2014 

 

 

 

Fleeing Honduras

by: Delisa Morris Impunity Watch Reporter, South America

San Pedro Sula, Honduras – The United States has seen a surge in immigration of children from Honduras recently.  Juan Hernandez, president of Honduras, believes that the U.S. drug policy is to blame.  “The root cause is that the United States and Columbia carried out big operations in the fight against drugs, then Mexico did it”, stated Hernandez.

Honduran Immigrants leaving the United States for Honduras | Photo courtesy of blogspot.com

The U.S. Department of Homeland Security deported 59 Hondurans this week all women and children, who migrated to the country illegally.  They had all been held in a detention facility in New Mexico.  The migrants were returned by plane to San Pedro Sula, known as the murder capital of the world.

There is a ceaseless river of bodies flowing through the morgue in San Pedro Sula is a testament to one reason so many people leave Honduras.  Honduras is a country rampant with crime and little economic opportunity.

A week ago a 13-year-old girl’s throat was slit ear to ear, and her body was found in a shallow grave in a backyard.  The circumstances of her death are still under investigation.  Some bodies are riddled with bullets; in one case 72-bullet-wounds, while others are bound by their hands and feet and strangled.

The city is covered with gang activity and each body brought into the morgue tells of brutality and violence.

From January to July, the city experienced over 538 homicides, and in at least 423 a gun was used.  In May, the worst month, the body tally was about nine per day.

Families are not allowed to grieve to grieve in peace, in fact, the mere act of claiming a body or attending a funeral can make people there a target for gang members who stalk the morgue and cemetery looking for their next victim.  Right now at least forty-eight bodies are unclaimed at the morgue, and after 30 days, they’ll be buried in the city’s public cemetery.  The morgue keeps DNA, dental records and fingerprints are retained for the day when someone shows up or a killer caught.

Many Hondurans who live in the roughest neighborhoods leave Honduras because they don’t have any other option.

The city’s Director of Forensic Medicine, Hector Hernandez, believes many families haven’t claimed their loved ones’ bodies because they believe their family members have migrated.

Several of the women deported this week have mixed emotions about failing to stay in the United States, and they now worry about paying back the thousands of dollars they borrowed to travel north.  “Part of my heart stayed in the U.S. because I missed a chance to get ahead in life,” said Isabel Rodriguez, who was deported along with her two young children.

 

For more information please see:

ABC News –59 Migrants Deported From US Arrive in Honduras – July 18, 2014Reuters – U.S. says Deportation of Honduran Children a Warning to Illegal Migrants – July 15, 2014

CNN – In Morgue, Clues to Why People Leave Violence-Plagued Honduras – July 16, 2014

Time – Honduras President: The War on Drugs is Causing the U.S. Immigration Problem – July 15, 2014

Hospitals Struggle to Treat Wounded as Israel Steps Up Military Offensive in Gaza

By Kathryn Maureen Ryan
Impunity Watch Managing Editor

GAZA CITY, Gaza – The Israeli army, air force and navy has launched a major operation in the Gaza Strip Tuesday against Hamas in the Gaza Strip. The Israeli Military mobilized infantry troops along the border for a possible ground invasion designed to stop rocket attacks launched into Israel. The offensive has so far targeted dozens of sites in the coastal region. On Tuesday the Israeli Defense Minister Moshe Ya’alon said the military operation against in Gaza “will probably not end within several days.”

Smoke and flames are seen following what police said was an Israeli air strike the city of Rafah in Gaza. Medical supplies are in short supply as Israel prepares for a larger offensive in the region. (Photo courtesy of Reuters)

According to Palestinian sources At least 16 people have been killed in Israeli airstrikes targeting since Monday night. Among those killed in the attacks was Mohammad Sha’aban, a leader of Hamas’ militant wing. Israel confirmed that Sha’aban, whom it referred to as “a senior Hamas terrorist,” was killed in the airstrikes.

50 bombings were reportedly carried out overnight Monday and throughout the day on Tuesday. Dr. Dr. Ayman al-Sahbani rushed to Al-Shifa hospital attend to victims of the bombings which have so far included at least 8 people with 2 children among the injured. While Al-Shifa hospital is Gaza’s primary hospital and the largest in the territory Dr. Sahbani expressed concern that the hospital will not have the capacity to handle a sudden influx of bombing victims if the Israeli military strikes on Gaza continue.

On Tuesday all 12 beds in the hospital’s intensive care unit were occupied. “Most of those people here have medical referrals and were supposed to be receiving treatment at outside hospitals,” Sahbani said. “Now, we can’t get them out, and we can’t find a space for new patients if the airstrikes intensify.”

In addition to the shortage of hospital beds in Gaza, the region also suffers from a shortage of medicine and medical supplies. According to Gaza’s Health Ministry spokesman, Ashraf al-Qedraa Gaza is missing about 30 percent of essential drugs, while 15 percent of the remainder is expected to be exhausted within days of an Israeli assault. He said “the medical services are in a very critical situation” that Gaza never reached during the Egyptian-Israeli siege on Gaza adding that the ministry is running “extremely short” essential medical supplies like gloves, urine catheters, and other medical equipment.

The conflict between Hamas and Israeli shows no signs of de-escorting and has worsened in the days since three Israeli settlers were found murders in the West Bank, murders the Israeli military blames on the Gaza based group. Mushir Al-Masri, a Hamas leadership figure and member of the Palestinian parliament, wrote on his Facebook on Monday that “the enemy has crossed the red lines and will be made to pay the price for its crimes.” He added that the death of Hamas militants “is fuel for the intifada and the resistance.” Following the statement rocket fire from Gaza into Israeli territory increased with Hamas claiming responsibility for the barrage.

For More Information Please See:

Al Jazeera – Gaza Hospitals Struggle to Treat Wounded – 8 July 2014

CNN International – Israel Blocks Rocket Headed For Tel Aviv; Gaza Ground Operation Possible –8 July 2014

Reuters – Israel Steps Up Gaza Offensive after Surge in Rocket Fire – 8 July 2014

The Washington Post – Israel Launches Major Operation against Hamas In Gaza Strip – 8 July 2014

Interpol has Re-opened the Browder Red Notice Case on the Back of Magnitsky’s Posthumous Trial

 

PRESS RELEASE

FOR IMMEDIATE DISTRIBUTION

 

 

3 July 2014 – Documents recently received from Interpol show that the Russian government has successfully convinced Interpol’s Commission for Control of Files to re-open their consideration to issue an Interpol Red Notice for Bill Browder, by submitting Mr Browder’s conviction in absentia in Russia, where he was a co-defendant with the deceased Sergei Magnitsky in the first ever posthumous trial in Russian history.

 

Two previous Russian attempts to get a Red Notice issued for Mr Browder failed because Interpol deemed those attempts were politically motivated and violated Interpol’s constitution. Shortly after Interpol’s first rejection of Russia’s request for Browder, Interpol’s General Secretary wrote an editorial for the Daily Telegraph newspaper, citing Mr Browder’s case as the example for why reforms are not needed at Interpol (http://www.telegraph.co.uk/news/uknews/law-and-order/10082582/Interpol-makes-the-world-a-safer-place.html).

 

Strangely, Interpol has now decided to reopen the case based on the Magnitsky posthumous trial. Interpol’s Commission for the Control of Interpol’s Files said that it plans to re-examine the Russian submission in relation to Mr Browder at its next session in October 2014.

 

“It would be a true signal of the need for reform of Interpol if a Red Notice were issued on the basis of the first posthumous trial in Europe since Pope Formosus in 897,” said a Hermitage Capital representative.

 

In July 2013, Sergei Magnitsky was convicted of tax evasion three years after he was murdered in Russian state custody, in the first ever posthumous trial in Russian history. Bill Browder was convicted as his co-defendant in the second ever trial in absentia against a Westerner. The trial was deemed to be politically motivated and illegitimate by the Council of Europe, the European Parliament and numerous international human rights organisations.

 

The convictions have since been upheld by the Moscow City court in January this year, in the absence of lawyers for Mr Browder and Mr Magnitsky. Instead, they were represented by unknown lawyers appointed by the Russian government.

 

In addition to presenting Interpol with the convictions from that trial as “new evidence,” the Russian authorities presented a “fresh” arrest warrant for Mr Browder, issued in March this year on the basis of the posthumous trial. The arrest warrant was signed by Moscow judge Elena Stashina, who is sanctioned by the U.S. Government for her role in the false detention of Sergei Magnitsky. Four days before Sergei Magnitsky was murdered in police custody, Judge Stashina prolonged his detention and denied Magnitsky’s medical care requests.

 

Judge Igor Alisov, who issued the posthumous conviction, was also placed on the U.S. Government’s sanctions list under the ‘U.S. Sergei Magnitsky Rule of Law Accountability Act,’ for his role in concealing the liability of officials involved in Sergei Magnitsky’s death.

 

The documents used in the posthumous trial were fabricated by Russian Interior Ministry officers, including officers Artem Kuznetsov and Oleg Silchenko, also involved in Sergei Magnitsky’s false arrest and detention, and who are also sanctioned by the U.S. Government, which prohibits U.S. persons from any dealings with them.