Judge Dismisses Harassment Case; Lectures Atheist for Portrayal of ‘Zombie Mohammed’

By Brittney Hodnik
Impunity Watch Reporter, North America

WASHINGTON, United States – Some of the most fundamental rights protected by the United States are laid out in the First Amendment of the Constitution: freedom of religion, speech, press, assembly, and petition.  Interestingly, religious groups seem to enjoy more protection than non-religious groups nowadays; specifically, atheists across the country are facing discrimination.  Most recently, a Pennsylvania judge ruled in favor of a disgruntled Muslim who allegedly attacked an atheist at a Halloween parade.

Perce dressed as a zombie Mohammad and his friend, dressed as a zombie pope. (Image Courtesy of Youtube)

On October 11, 2011 in Mechanicsburg, Pennsylvania, Ernie Perce, a self-proclaimed atheist participated in a Halloween parade.  According to CNN, Perce was dressed as a “Zombie Mohammed,” wearing a long fake beard, a white turban, and green face paint.  A fellow member of “The Parading Atheists of Central Pennsylvania” was dressed as a zombie-themed pope, an apparent jab at the Catholic religion.

During the parade, a Muslim man named Talaag Elbayomy allegedly attacked Perce, grabbing him, choking him, and attempting to take an unsavory sign off Perce’s neck.  He was charged with harassment based on Perce’s claims and went to court, according to CNN.

On December 6, to many a surprise, District Judge Mark Martin dismissed the case saying that it was one person’s word against another’s, and that a video clip of the incident was inadmissible, according to The Huffington Post.

Judge Martin said there was not enough evidence to proceed, but did not stop his commentary there.

Judge Martin told Perce that “you have that right, but you’re way outside your boundaries of first amendment rights,” reported The Huffington Post.  He went on, “[T]his is why we are referred to as ugly Americans, because we are so concerned about our own rights we don’t care about other people’s rights as long as we get our say . . . .”

He also told Perce his actions against the tenets of Islam made him “look like a doofus,” according to The Washington Post.  Perce believes that his “lack of belief” played a role in the judge’s decision.

Scholars and rights groups alike found the judge’s comments shocking.  According to The Huffington Post, Jonathan Turley, a law professor at George Washington University wrote, “[Judge Martin’s] legal views seem grotesquely out of place.”  A blog post by the group American Atheists said, “That a Muslim immigrant can assault a United States citizen in defense of his religious beliefs and walk away a free man, while the victim is chastised and insulted . . . is a horrible abrogation.”

Judge Martin defended his actions saying that he is not biased towards Islam and that he has always fought to preserve the right to freedom of speech.  According to CNN, Judge Martin spent 27 years in the military and has spent over two total years in Iraq and Afghanistan where he learned much about the Muslim culture.

He reiterated that he dismissed the case because there was not enough evidence to show that Elbayomy was guilty beyond a reasonable doubt and that is it.  However, he expanded on his courtroom speech by saying, “With rights come responsibilities.  The more people abuse our rights, the more likely that we’re going to lose them.”

The Washington Post reports that Judge Martin stands by his decision and would not do anything differently, even considering the hundreds of calls he has received in the last week.

According to CNN, former terrorism prosecutor Andrew C. McCarthy accused the judge of allowing the Muslim suspect to “invoke a Sharia defense – what he claimed was his obligation to strike out against any insult against the prophet Mohammed.”

Turley (the professor from George Washington Law) went on to say that the decision is “greatly disturbing to people that believe in free speech.”  According to CNN, he continued, “You can say things that are hurtful to others.  We hope that you don’t, but you most certainly can be protected.”

As for Elbayomy, he admitted in court to approaching Perce and laying his hands on him.  He said that he took his kids to watch the parade and when he saw Perce pass by he was “shocked” because he could not believe what he was seeing, according to LF Press.  He said, “I teach my kids how to respect everybody.  Any religion, it doesn’t matter what your religion . . . I teach them to be respectful for everybody.”

At the time, Elbayomy believed that it was illegal for Perce to mock Mohammed, according to LF Press.  He actually went to a police officer himself to report Perce’s costume and actions.

Perce and other atheists throughout the country remain upset about the comments Judge Martin made in the decision.  Many believe – beyond the dismissal of the case – that the six minute lecture telling Perce how bad he was offending Islam was out of line.

For more information, please visit:

CNN — Judge’s Dismissal of Atheist’s Harassment Claim Against Muslim Makes Waves — 28 Feb. 2012

The Washington Post — PA Judge’s Dismissal of  Harassment Case Criticized After ‘Zombie Muhammad’ Posts Trial Audio — 28 Feb. 2012

The Huffington Post — Pennsylvania Judge Dismisses Case Against Muslim Accused  of Attacking Atheist Dressed as ‘Zombie Muhammad’ — 27 Feb. 2012

LF Press (London) — ‘Zombie Muhammed’ Alleges Muslim Attack — 27 Feb. 2012

Fox News — Pennsylvania Judge Dismisses Case of Attack on ‘Zombie Mohammad’ — 24 Feb. 2012

HRW Calls For Bahrain To Release Activists

By Carolyn Abdenour
Impunity Watch Reporter, Middle East

MANAMA, Bahrain – On Tuesday, 28 February, Human Rights Watch (“HRW”) called upon Bahrain to release hundreds of pro-democracy activists arrested last year and to drop all charges against them.  HRW also urged the country to void people’ convictions from civil and military courts that do not meet international fair trial standards.

Police prevent journalists from mingling with doctors and nurses during a break at a civilian criminal trial. (Photo Courtesy of Human Rights Watch)

HRW’s 94-page report, “No Justice in Bahrain: Unfair Trials in Military and Civilian Courts,” highlighted the county’s due process violations during politically motivated trials in criminal courts since 2010 and high-profile trials by special military courts in 2011. 

In March 2011, King Hamad organized special military courts during the country’s three-month “State of National Safety”, a quasi state of emergency.  Since 4 April 2011, Bahrain’s military officials tried and convicted hundreds of people charged under “national safety” grounds.  Civilian courts began accepting the trials and appeals of these people charged in the uprising on 7 October 2011.

In its report, HRW emphasized the violations through two case studies.  First, the court convicted twenty doctors of inciting to overthrow the government and trying to occupy a hospital.  Second, security forces jailed fourteen political activists for leading protests.  Abdulhadi al-Khawaja, a jailed activist with Danish nationality, has conducted a hunger strike for the past two weeks. 

HRW asserted the violations of fair trial rights include denying defendants the right to present a defense and to counsel along with failing to investigate torture allegations during interrogations. These violations reflect systemic failures in the country’s criminal justice system rather than deficient practices of judges and prosecutors. 

Furthermore, HRW has documented continued exercise of ill-treatment and torture by Bahraini security officers.   In November, the Bahrain Independent Commission of Inquiry (“BICI”) published that at least five people detained for engaging in peaceful protests died from torture.  The government pledged to implement recommendations by this Commission, including police and judicial procedural reforms.  However, earlier this month Amnesty International reported the government remained “far from delivering the human rights changes.”

Moreover, HRW requested France, the United Kingdom, and the United State halt military and security-related sales and assistance to the country until Bahrain address these human rights violations.

HRW’s Deputy Middle East Director Joe Stork said, “King Hamad should examine the special military courts he set up by decree before claiming there are no political prisoners in Bahrain…In case after case, people were convicted for their political beliefs, for the slogans they chanted, and for joining large peaceful rallies that the Crown Prince had publicly proclaimed were protected by Bahrain’s constitution.”

For further information, please see:

Dalje – Bahrain Trials Lack Due Processs – 28 Feb 2012

Human Rights Watch – Bahrain: Hundreds Railroaded in Unjust Trials – 28 Feb 2012

The Daily News: Egypt – HRW Calls On Bahrain To Release Democracy Activists – 28 Feb 2012

The Daily Star: Lebanon – Bahrain Should Shelve Trials Linked To Protests: Group – 28 Feb 2012

Rights Group Concerned About Burma Military Abuse

By: Jessica Ties
Impunity Watch Reporter, Asia

NAYPYIDAW, Myanmar – Human Rights Watch has expressed concern that despite Burmese attention to reform and cease-fires with ethnic insurgents, abuse by the military continue.

The Burmese military has been accused of continuing abuses against civilians (Photo Courtesy of Radio Free Asia).

David Mathieson, Human Rights Watch senior researcher on Burma, recently visited Burma and learned that fighting in Kachin State has displaced approximately 70,000 people since last June.

In addition, there have also been reports of sexual violence, the use of weapons against unarmed civilians, destruction of property and forced labor.

Mathieson has also encountered rights abuses by ethnic armed groups who use child soldiers and execute Burmese prisoners of war.

Recently, the use of child soldiers has prompted the U.S. ambassador for human trafficking to demand that Burmese military officers be accountable for involvement in human trafficking.

A 2011 Human Rights Watch report alleged that the Burmese military was colluding with corrections Department officials to gain access to approximately 700 prisoners who the army used as porters who are often forced to risk their life by checking for landmines.

Mathieson further stated that “…with all the changes happening in central Burma, it’s quite alarming that the army is showing absolutely no compunction to change its behavior.”

The Burmese government has continuously denied journalists access to Kachin and other conflict zones which has made it impossible for independent reports to be made regarding the allegations of abuse said to be occurring at the hands of the military.

Under the dominance of the previously ruling military junta, individual freedom was severely restricted. Owning a computer or fax machine without being given prior permission was prohibited and internet access was severely controlled.

Since the civilian government assumed power from the military junta last year, restriction on freedom have been largely lifted and several prominent political prisoners have been released although some remain imprisoned.

Despite these initial reforms, some experts fear that they could be easily reversed considering that many of the laws that were formerly used to repress Burmese citizens have not been repealed.

Failure to repeal the repressive laws means that despite improvements made in individual freedoms, many of the ways in which these freedoms are exercised are still technically illegal and the government could decide to revert to the human rights policies that existed under the military junta.

Another positive sign of reform, however, is that President Thein sein and his administration are expected to allow the National League of Democracy leader Aung San Suu kyi to give a political broadcast. Prior to the broadcast, however, the National League of Democracy is required to produce the text of the broadcase to the censors at the Ministry of Information for their review.

For more information, please see:

The Guardian – Burma Awakes to Glasnost: A (Partly) Free Press and (Some) Freedom of Expression – 25 February 2012

Irrawaddy – HRW: Army Abuse Unabated Despite Burma Reforms – 24 February 2012

Radio Free Asia – Burma’s Military ‘As Abusive as Ever’ – 23 February 2012

Voice of America – U.S. Calls for Burma Military to Account for Human Trafficking – 12 January 2012

CHINA DEPORTS NINE TO NORTH KOREAN

by Hibberd Kline
Impunity Watch Reporter, Asia

BEIJING, China – According to the South Korean media, nine North Korean refugees were handed over to the North Korean authorities by China last week.

South Korean activists including actor Cha In-pyo staged rallies calling for the release of North Korean refugees outside the Chinese Embassy in Seoul. (Photo courtesy of Voice of America).

The nine are part of a group of more than thirty North Korean refugees who have been rounded up by the Chinese authorities this month in separate locations in the city of Shenyang. The refugees are reportedly being held in the northern Chinese city of Changchun, where they await processing and deportation to North Korea.

According to human rights group Amnesty International, some of the refugees are believed to have successfully contacted a South Korean organization devoted to helping North Korean refugees escape to South Korea.

Amnesty called upon the Chinese government not to forcibly repatriate the refugees earlier this month. The group’s Asia-Pacific Director, Sam Zarifi declared that China must allow “…North Koreans to seek asylum in China and other countries and provide them with access to the United Nations refugee agency or other relevant refugee channels.”

Additional activist groups and members of the South Korean government have since echoed the group’s pleas.

Seoul’s traditional stance regarding North Korean refugees in China has been less confrontational. However, following the failure of low-level talks on the fate of the refugees to achieve favorable results, the South Korean Foreign Ministry announced that it would seek international help on the issue at a meeting of the the United Nations Council on Human Rights in Geneva later this week.

According to Chinese Foreign Ministry spokesman Hong Lei, China believes that the issue of North Korean refugees is not suitable for discussion at the United Nations and should be handled pursuant to domestic Chinese laws.

South Korean politicians have also weighed-in on the issue. According to South Korean President Lee Myung-bak, “When it comes to the North Korean defectors, it is right for the Chinese Government to handle them in line with international rules as long as they are not criminals.”

The South Korean Parliament also recently adopted a resolution demanding that China discontinue the repatriation of refugees. One lawmaker, Park-Sun young, even went so far as to begin a hunger strike in front of the Chinese embassy on Tuesday in order to draw attention to the refugees’ cause.

Human rights activists, relatives of the detained refugees and South Korean celebrities also staged protests outside the Chinese embassy to demand that China forgoe repatriating the refugees.

For its part, China has often expressed an apparent desire to play a positive role in the Korean Peninsula. China has sent aid to North Korea and has repeatedly encouraged all parties to return to the stalled six-party talks over the future of North Korea’s nuclear program. However, China appears to remain unflinching on the issue of refugees.

The Chinese Foreign Ministry responded last Tuesday to pressure from South Korea by repeating its long-standing policy of treating the refugees as “illegal economic immigrants.” China has close ties with the North Korean regime and systematically captures and forcibly repatriates refugees who cross over into Chinese territory.

The typical journey for refugees fleeing North Korea is long and perilous. Refugees generally cross the border into China on foot, then hide themselves inside China before securing transportation to a third country. The lucky refugees eventually make their way to South Korea. However, human rights activists and North Korean refugees say that repatriated North Koreans are often tortured, sent to remote prison camps, or publicly executed.

Following the death of North Korea’s “dear leader” Kim Jong-il and the rapid assent of his son Kim Jong-un to power, activists in the South have relayed reports of harsher punishments for those who get caught trying to flee the country. Some refugees have suggested that punishment may extend to three generations of an escapee’s family.

Tens of thousands of North Koreans are thought to be currently hiding in China. Estimates put the total number of North Korean refugees who have escaped to South Korea since 1950 at more than 20,000.

China is a party to the United Nations Refugee Convention (UNHCR), but has been accused by human rights groups of failing to live up to its obligations under the convention.

For more information, please see:

BBC News– China ‘Sent Back Nine North Korean Refugees’ — 24 February 2012

Bangkok Post — China Returns Nine Refugees to North Korea — 24 February 2012

Korea Herald — Nine North Korean Defectors Repatriated to Their Homeland — 23 February 2012

BBC News — Seoul Urges China on North Korea Refugees — 22 February 2012

New York Times — China Should Not Repatriate North Korean Refugees, Seoul Says — 22 February 2012

Voice of America — China Rejects Pleas Not to Repatriate North Koreans — 21 February 2012

Amnesty International — Amnesty International Urges China to Avoid Forced Repatriation of North Korean Defectors — 14 February 2012

Trial of Pro-Democracy NGO Workers in Egypt is Adjourned

By Adom M. Cooper
Impunity Watch Reporter, Middle East

CAIRO, Egypt–The first day of a controversial trial of 43 non-governmental organization workers accused of working illegally and pressing American and Israeli interests in Egypt has adjourned in Cairo. Mohammed Shoukry, the chief judge, stated on Sunday 26 February 2012 that the court would reconvene for the next hearing on 26 April 2012. The court session adjourned after being suspended “until order is restored” due to a brawl between civil claimants and the judge.

Some of the NGO workers wait in a holding cell at the courthouse in Cairo. (Photo Courtesy of NYT)

The defendants include 19 Americans and 16 Egyptians. Only seven of the US citizens reportedly remain in the country, where they are not permitted to leave. The others include Serbians, Lebanese, Germans, a Norwegian, a Jordanian, and a Palestinian. Only 13 Egyptians and one German defendants actually appeared at the hearing.

A prosecutor at the hearing read the charges against the defendants, alleging that their “acceptance of illicit funds had detracted from the sovereignty of the Egyptian state.” All 14 defendants who were present denied that they had committed the crimes they were charged with. Upon the case’s adjournment, human rights lawyer Hafez Abou Seida told Egyptian State television reporters that the circumstances surrounding the trial do not necessitate allowing civil claimants as plaintiffs in the case. Abou Seida also stated that the defendants’ representatives should begin submitting evidence of innocence by the upcoming hearing on 26 April 2012.

The charging of US citizens has brought relations between Egypt and the United States to their lowest points in almost three decades. US politicians stated they may cut off Egypt’s $1.3M in annual military aid if the US citizens are tried in the case, although none of them appeared at the hearing. Les Campbell, the regional director of one of the accused US organizations, stated tat his group’s foreign employees did not receive official summons from the court. Thus, they saw no reason to present themselves.

On the other hand, Egyptian officials have stated that the trial has absolutely nothing to do with the government and is in the hands of the judiciary. They have blamed the continued unrest in their country on foreign interference and attribute much of it to the organizations from which the workers in this case are charged.

Ashraf El-Ashmawi and Sameh Abu Zeid, two judges also handling the case, stated the charges could lead to up to five-year prison sentences. El-Ashmawi shared these words with Al-Jazeera.

“These organizations conducted unlicensed and illegal activities without the knowledge of the Egyptian government. Documents confiscated during the raids on the NGO offices confirm illegal foreign funding.”

Seven of the Americans remain in Egypt and have been residing on the grounds of the US embassy in Cairo since the charges were filed and they were barred from leaving the country. Outside of the courtroom on Sunday 26 February 2012, approximately 100 protesters called for the release of Omar Abdel-Rahman, the blind Egyptian cleric imprisoned in the US following the 1993 bombing of the World Trade Center in New York, in exchange for the US defendants.

The main US organizations involved in the trial are the International Republican Institute and the National Democratic Institute.

The activists were charged with the illegal use of foreign funds to stimulate and fester unrest and operating in the country without a license. But the investigation against these workers fits into a much larger framework. There is a campaign within Egypt’s leaders against foreign influence since the collapse of Hosni Mubarak’s regime last year, considered by many as the first real victory for the Arab Spring.

Rights groups have sharply criticized the existence of the investigation into the groups and the charges, stated that they are part of an orchestrated effort by Egyptian authorities to silence all those critical of the current military rulers. Since the ouster of Mubarak, the civilians in Egypt are ready to begin a new era of change and prosperity. They are putting pressure on the country’s military rules over their stewardship of the economy and the transition to a civilian government. The head of the ruling military council, Field Marshall Mohamed Hussein Tantwai, ordered on Sunday 26 February 2012 that parliament convene on 3 March to elect a committee to draw up a new constitution.

Since Mubarak’s ouster, Egypt has run through over 50 percent of its foreign reserves and is currently seeking a $3.2 billion loan from the International Monetary Fund, as well as additional help from the World Bank and other foreign donors. The Egyptian people are left wondering how and when this desired loan will be used to address their needs and desires, the same needs and desires that removed Mubarak from power and placed the military in control.

One of the defendants, Islam Shafiq, shared these words with the AFP. He works as a financial manager with the US-based International Center for Journalists.

“Of course this trial is politicized. We proved during the investigation that we didn’t do anything.”

 

For more information, please see: 

Ahram – Egypt’s NGO Trial Adjourned for 26 April in First Session – 26 February 2012

Al-Jazeera – Egypt NGO Workers Trial Adjourned – 26 February 2012

Bloomberg – Egypt Court Adjourns Trial of Pro-Democracy NGO Workers Until April 26 – 26 February 2012

CNN – Trial Is Adjourned After Americans Fail To Appear in Cairo Court – 26 February 2012

The Guardian – Egypt Opens Trial of 43 Pro-Democracy Workers – 26 February 2012

NYT – Trial of U.S. Nonprofit Workers in Egypt Is Abruptly Put Off – 26 February 2012