Tunisian Journalists Detained for Publishing Nude Photo

By Carolyn Abdenour
Impunity Watch Reporter, Middle East

TUNIS, Tunisia – On Wednesday, 15 February, Tunisian officials arrested the head of Attounissia and two of its editors after the Tunisian newspaper published a picture of German-Tunisian soccer player Sami Khedira with his nude girlfriend.  The Justice Ministry claims the publication of the photo violated public morals.

Attounissia's cover page that lead to the arrest of 3 journalists. (Photo Courtesy of Tunisia Live)

The photo the newspaper printed displays the Real Madrid midfielder in a tuxedo covering the breasts of Lena Gercke, Khedira’s girlfriend and German model, with his hands.  German GQ magazine published the same photo on the cover its of March 2012 issue.

Chokri Nafti, the Justice Ministry spokesperson, reported the prosecutor charged publisher Nasreddine Ben Said, editor in chief Hbib Guizani, and editor of the world section Hedi Hadhri with “disrespecting public decency.”  The prosecutor detained the men while the Justice Ministry investigated the case.  The journalists argued they were simply reporting sports news.

On Thursday, Mr. Ben Said’s lawyer Chokri Beledi reported Tunisian officials released Mr. Guizani and Mr. Hadhri.  Mr. Beleid added, “Ben Said’s imprisonment is illegal and is aimed at terrorising the media…The judiciary used the same law that Ben Ali used to pursue journalists and it is being utilised to strike down enemies just as it was under Ben Ali.”

The police are guarding the newspaper’s building after a female journalist reported receiving phone calls that threatened to burn the office.  Reuters identified her as the informant for these calls, but the Associated Press concealed her name to combat her fear of retaliation by religious extremists.

Although Tunisia is a more moderate Muslim country, the newspaper does not tend to publish such bold photographs.  The country has struggled balancing its strong secular societal norms with the ultraconservative movement that spurred after its secular dictator fell last year.  Secular Tunisians fear the conservative Muslims leading the government will censor the media to align the country with its religious moral standards.

The Tunisian Union of Journalists stated, “We are condemning the continued detainment and arrest warrant issued against Ben Saida. The lack of professionalism of Attounissia’s editorial decision-makers does not justify the state taking away an individual’s freedom, rather this problem can be solved within the professional institutions for the journalists.”  Attounissia has also accused Mehdi Mabrouk, the Minister of Culture, of censoring the newspaper by standardizing artistic tastes.

Furthermore, Tunisia’s highest appellate court will issue its delayed ruling on a lower court’s decision to block pornographic websites on Friday, 24 February.

In response to the arrests, the anonymous female journalist said, “This issue is political and aims to quell the voice of the media and stop its criticizing the government.”

For further information, please see:

Money Control – Tunisia To Try 3 Journalists In Morality Dispute – 17 Feb 2012

Tunisia Live – General Prosecutor Frees Two Newsmen But Continues Detainment of Paper’s Owner in Sami Khedira Photo Publication Case – 16 Feb 2012

All Africa – Tunisia: Newsmen Arrested in Tunis After Publication of Racy Sami Khedira Photo – 15 Feb 2012

The Boston Globe – 3 Tunisian Journalists Arrested Over Nude Photo – 15 Feb 2012

Ecuadorian Court Enforces $40 Million Punishment in Libel Case Brought by President

by Emilee Gaebler
Impunity Watch Reporter, South America

QUITO, Ecuador – Ecuador’s National Court of Justice, the highest court in the nation, has upheld a ruling in a libel case that restricts the freedom of the press.  On Wednesday, the court sentenced three people from the newspaper El Universo to pay a fine of $40 million to Ecuador’s president, Rafael Correa. 

Correa rips up a copy of the daily newspaper, La Hora, during a conference, to indicate his aggressive stance towards media. (Photo courtesy of Committee to Protect Journalists)

Emilio Palacio, an editor and the writer of the article in question, was fined $30 million.  The owners of the newspaper, Cesar Perez and Nicolas Perez, were fined $10 million.  All three of the men were additionally sentenced to three years imprisonment.

Correa instigated a libel suit against the newspaper El Universo in March of 2011 for an article they printed about him.  In the article, it was insinuated that the Correa had authorized soldiers to shoot on a hospital with innocent civilians inside. 

The article was printed following a police strike in September of 2011.  The police were revolting against a new austerity law that reduced their bonus pay and Correa pushed into the crowd to personally address some of the officers leading the rebellion.  

Media reports from the time state that Correa confronted them by opening his shirt and stating, “If you want to kill the president, here he is.  Kill him, if you want to.  Kill him, if you are brave enough.”  After this, as Correa’s guards escorted him from the area, he was attacked with tear gas and shoved by the protestors.

Correa was taken to a nearby hospital from which he declared a state of emergency.  Rebellious police protestors surrounded the hospital and Correa was trapped inside of it for the next 12 hours.  He was eventually rescued by the military in an operation that left two dead and dozens injured from gunshots.

The article, printed by El Universo, and written by Palacio, called Correa a dictator and referenced the strike as an attempted coup.  It also stated that the President had ordered the military to fire on the hospital regardless of the innocent civilians that would be injured by such a move.  The article stated: 

 “In the future, a new president, maybe an enemy of yours, may bring you to a criminal court for ordering to open fire at discretion and without warning against a hospital full of civilians and innocent people. Do not forget, there is no statute of limitation for crimes against humanity.”

The libel suit was brought as a criminal and not a civil charge.  The trial court found the article to be libelous and imposed the three year imprisonment and $40 million fine from which El Universo appealed.  The decision handed down yesterday to uphold the sentence was final.  Ecuador’s highest court termed any appeal from their decision as “out of order.”

Amnesty International’s Deputy America’s Director, Guadalupe Marengo, says that this case has raised a number of concerns, “this harsh sentence is an attack on the right to free speech for everyone in Ecuador, and will discourage journalists from engaging in legitimate criticism of the government.”

“Libel cases should be dealt with in civil trials and should not involve jail terms. Peaceful criticism of government policies must never be the subject of criminal proceedings, as regional and international human rights bodies have unequivocally stated.”

El Universo and Palacio have made it clear that they will not accept this ruling as they claim they were restricted from making a proper defense and the judge’s selection was manipulated by Correa.

 “Of course this sets a precedent: For the first time in the history of Latin America, and I suppose, the world, a president wins $40 million for his pocket by manipulating justice, naming the judges he desired, and using his influence,” was Palacio’s statement.

The defense will now take the case to an international level, going first to the Interamerican Human Rights Commission and then the Interamerican Human Rights Court.  In the current political climate of Ecuador this is likely the best option, especially with the recent rising concerns over the increased restrictions of the press.

As reported by Aljazeera, shortly after his election in 2007, Correa re-wrote Ecuador’s constitution to lengthen the presidential term and to allow greater government control of the media.  This allowed for the government to take command of a variety of media outlets including TV stations and radio stations.  Fundamedios, an Ecuadorian free media advocacy group, estimates that there have so far been 400 violations of freedom of the press during Correa’s presidency. 

Prior to the court’s announcement, Correa made it clear that he viewed the case as one in which the “corrupt private press” was going to be held accountable for their actions.  Following the decision he announced that, “the truth has shined…We have set a precedent. This sentence and this process are historic. They demonstrate that nobody has the right to tarnish the truth.”

 

For more information, please see;
BBC – Ecuador Court Uphold $40M Rafael Correa Victory – 16 February 2012
Chicago Tribune – Ecuador Top Court Upholds Libel Ruling Against Newspaper – 16 February 2012
CNN – Ecuador High Court Upholds $40 Million Libel Suit – 16 February 2012
France 24 – Libel Case Brings “Ridicule” on Ecuador Says Lawyer – 16 Febraury 2012
The West Australian – Ecuador Leader Wins Libel Suit Against Newspaper – 16 February 2012
Aljazeera – President v. the Media in Ecuador – 1 December 2012
Refworld- Ecuador Court Sentences Journalists to Prison in Presidential Libel Case – 22 July 2011
The Suffolk Journal – Police Uprising in Ecuador Causes Chaos – 20 October 2011

Israeli Court Denies Hunger Striker’s Appeal

By Carolyn Abdenour
Impunity Watch Reporter, Middle East

JERUSALEM, Israel – On Monday, 13 February, an Israeli military court denied the appeal to reduce the jail sentence of Khadar Adnan, the Palestinian man who initiated his hunger strike fifty-eight days prior.  Mahmoud Hassan, one of Mr. Adnan’s lawyers, reported his client would remain detained without trial until May 8, when his four-month sentence expires.

Protesters rally to support Mr. Adnan. (Photo Courtesy of the Boston Globe)

On Tuesday, 14 February, Mr. Adnan’s lawyers said they would appeal Israel’s Supreme Court to overturn the military court’s decision while Mr. Adnan continues his hunger strike.  Mr. Adnan is near death, and Israeli officials have guarded him at the hospital in northern Israel for six weeks.  His lawyer reports Mr. Adnan remains shackled to his bed and argues the Israelis are holding him in “inhumane conditions.”

Thirty-four year old Adnan began his hunger strike the day after Israel arrested without a charge.  His hunger strike fights “for the dignity and pride of Palestinian prisoners held without justification,” and he protests the humiliation he endures from the military justice system.  Mr. Adnan’s fifty-nine day hunger strike, where he only drinks water, has exceeded any previous Palestinian prisoner’s strike.

Israel has held Mr. Adnan, a member of the militant Palestinian group Islamic Jihad, in “administrative detention” since January 8 after the government arrested him on December 17.  Since 1967, Israeli law permits Palestinians imprisonment without charge for a six-month period by an Israeli military judge in this administrative detention.  These six-month periods may repeat indefinitely with renewed court approval.  Moreover, detainees may not view the evidence the Israelis have against them.  Presently, Israel is holding approximately 310 Palestinians in administrative detention.

Human Rights Watch asks Israel to immediately charge Mr. Adnan or release him.

On Saturday, 11 February, Israeli soldiers dispersed hundreds of Palestinian protesters supporting Mr. Adnan outside the West Bank’s Ofer Prison.  At a separate rally for Mr. Adnan, Israel arrested two Palestinians and two Israelis.

Hundreds of Palestinian prisoners have joined Mr. Adnan’s hunger strike throughout Israel’s jails.  Issa Qaraqua, the Palestinian prisoner affairs minister, encourages the Palestinian territories to demonstrate, march, and fast in solidarity on Wednesday, 15 February.  Furthermore, if Mr. Adnan dies, Palestinian officials warned mass protests would erupt throughout the territories.

Robert Serry, the United Nations special coordinator for the Middle East peace process, asked Israel “to do everything in its power to preserve the health of the prisoner and resolve this case while abiding by all legal obligations under international law.”

For further information, please see:

Agence France-Presse – Palestinian Hunger Striker To Petition Top Israel Court – 14 Feb 2012

Jerusalem Telegraphic Agency – Palestinian On Hunger Strike In Israeli Prison Denied Release – 14 Feb 2012

Al Jazeera – Israel Denies Appeal of Jailed Hunger Striker – 13 Feb 2012

Boston Globe – Israel Reject Palestinian Hunger Striker’s Appeal – 13 Feb 2012

Efrain Rios Montt to Face Genocide Charges After 30 Years

By Brittney Hodnik
Impunity Watch Reporter, North America

GUATEMALA CITY, Guatemala – For the first time, a Latin American court has decided to charge former president, Efrain Rios Montt with genocide.  For the past14 years, Montt has enjoyed immunity as a member of Congress, according to The Indypendent.  His term expired in January and the government has finally brought genocide charges and accusations of other human rights abuses.

Montt faces genocide charges and other crimes against humanity. (Image courtesy of The New York Times)

Montt served as president-dictator of Guatemala from 1982-1983 after a military coup in that country.  A civil war ensued for over three decades.  According to the Associated Press, he is accused in 266 incidents (usually massacres) that resulted in 1,771 deaths, 1,400 human rights violations, and the displacement of 29,000 indigenous Guatemalans.

According to The Indypendent, Judge Patricia Flores stated in her ruling, “We can establish these are acts so degrading, so humiliating that there is no justification . . . You were the general commander of the military and had knowledge of the execution of these plans.”

Montt’s lawyer told local newspapers, “We are sure that there is no responsibility, since he was never on the battlefield,” as reported by The New York Times.  Montt has previously denied ordering any massacres, but military documents have shows the contrary.  Further, according to the Associated Press, Montt explained to the judge “I understand what the prosecution is saying and I won’t respond . . . The point is to do justice, not vengeance.”

A United Nations-backed truth commission set up in 1996 found that about 200,000 people were killed or disappeared during the civil war, according to The New York Times.  Montt’s 17-month rule played a significant role in these deaths.  Judge Flores went on to say during the testimony, “Unfortunately there are cases like this where people have been waiting 29 years for justice.”

His parliamentary immunity has shielded him from prosecution until now.  In December of 1999, a group of Guatemalans filed suit in the Spanish National Court against 8 high ranking Guatemalan officials, including Montt, reports The Indypendent.  These charges were filed under “universal jurisdiction” and were upheld.  Also, in 2004, the Guatemalan government admitted before the Inter-American Court of Human Rights that Rios Montt’s regime pursued a strategy of genocide, reports The Huffington Post.

Currently, Montt is on house arrest and has been ordered to pay a $64,000 bond.  Formal charges against the court are expected to come about soon.

For more information, please visit:

The Indypendent — Genocide Trial of Rios Montt — 9 Feb. 2012

The Huffington Post — Paul Seils: Guatemala Genocide Ruling a Triumph for Survivors — 1 Feb. 2012

The Associated Press — Guatemala: Ex-Dictator to Face Genocide Charges — 27 Jan. 2012

The New York Times — Efrain Rios Montt, Guatemala Ex-Dictator, to Appear in Court — 22 Jan. 2012