Jordanian Activist Guilty of Burning King’s Image

By Tyler Yates
Impunity Watch, Middle East

A Jordanian activist has been found guilty of “harming the king’s dignity” for burning a street poster of Jordan’s King Abdullah II.

Jordan's King Abdullah (Photo courtesy of Ahram).

Odai Abu-Issa,  an 18 year old from Madaba, 40 kilometers south of Amman, and a member of the Youth Movement for Reform, torched the poster in front of government office in southwest Jordan two weeks ago.

The charge is included among several acts that prohibit insulting the king, for which article 195 of Jordan’s penal code imposes sentences of between one and three years.

Abu-Issa was also charged with setting property on fire, which is punishable with hard labor.

While no clear motive for Abu-Issa’s actions has been reported, he belongs to a small group of young Jordanians who have been demanding that the king’s absolute powers be curbed.

A military prosecutor said the verdict was issued Thursday by the military State Security Court.

Human Rights Watch had been calling on Jordan’s prosecutor to drop the charges since they were first issued.  Although criminal prosecutions for the destruction of other people’s property is permissible, criminalizing insults against a head of state is incompatible with international human rights standards protecting the right to freedom of expression, Human Right Watch said.

“Burning a royal’s image as a political statement should not be criminally prosecuted,” said Christoph Wilcke, senior Middle East researcher at Human Rights Watch. “To prosecute this act would send a chilling message that criticizing the king is off limits.”

Abu-Issa’s lawyer, Moussa Al-Abdallat, called the sentence “harsh” and said that he will appeal.

In December 2011, the State Security Court detained and charged Abu-Issa for slogans he shouted against the king during a protest in Madaba.  The trials for this charge are still currently in progress.

Human Rights Watch has documented numerous cases of Jordan charging individuals under the laws prohibiting insulting the king, including incidents at a barbershop, during parliamentary campaigning, and for poetry published on facebook.

In early August, the United Nations Human Rights Committee issued a new general comment on the International Covenant on Civil and Political Rights Article 19.  “The mere fact that forms of expression are considered to be insulting to a public figure is not sufficient to justify the imposition of penalties…in any case, the application of the criminal law should only be countenanced in the most serious of cases [of dangerous speech] and imprisonment is never an appropriate penalty.”

King Abdullah signed a law in September that restricts the State Security Court’s jurisdiction over civilians to four types of offenses – high treason, espionage, terrorism, and drug trafficking – but these changes do not go into force for three years. The Jordanian Parliament voted down proposals to remove the court’s entire jurisdiction over civilians.

For more information, please see:

Ahram — Jordan activist jailed for burning king’s picture — 26 Jan. 2012

Boston Globe — Jordan youth critical of king gets jail time — 26 Jan. 2012

Press TV — Jordanian jailed for burning king image — 26 Jan. 2012

IEWY — Jordan: Drop Charges for ‘Undermining Royal Dignity” — 24 Jan. 2012

 

 

Decision Rejecting UN Selected Judge from Khmer Rouge Tribunals Stands

By: Jessica Ties
Impunity Watch Reporter, Asia

PHNOM PENH, Cambodia – Cambodia has announced that it will not overrule the rejection of Judge Kasper-Ansermet who was selected by the United Nations to preside over the Khmer Rouge Tribunal which is also known as the Extraordinary Chambers in the Courts of Cambodia (ECCC).

Cambodian officials have rejected a judge selected by the UN to preside over the Khmer Rouge Tribunal (Photo Courtesy of Radio Free Asia).

According to an official spokesman, Phay Siphan, Cambodia’s Supreme Council of Magistracy is entrusted with final decision-making authority on whether the government would accept the United Nation’s choice of co-investigating judge at the Khmer Rouge Tribunal.

As such, the Cambodian government maintains that they are unable to override a decision made by the top judicial body despite statements by United Nations officials that the rejection is a breach of the ECCC agreement.

Special expert on U.N. assistance to the Khmer Rouge trial, David Scheffer, claims the Cambodia did not have authority under the agreement to prevent Kasper-Ansermet from taking the position.

“Our view is that this particular individual, judge Kasper-Ansermet, has clear authority to fulfill his duties in this country and we look forward to him doing so,” Scheffer stated.

According to Scheffer, Kasper-Ansermet is expected to begin work on the investigation of two individuals suspected to have played a role in the “year zero” revolution that claimed the lives of over two million.

Many believe that his intention to investigate the two individuals is what led to his rejection. Many believe that Cambodia’s government is attempting to prevent the investigation of further cases and the two individual’s in question have been particularly controversial.

Furthermore, Cambodia’s Prime Minister Hun Sen, who was himself a Khmer Rouge soldier, has threatened civil war if more indictments are issued.

A meeting between UN Secretary General’s Special Expert David Scheffer and Cambodian Deputy Prime Minister Sok An, which was intended to settle a dispute over the appointment of the co-investigating judge, proved fruitless.

According to a statement by Cambodia’s Council of Ministers, the two sides held differing views on the interpretation of tribunal agreement but “…they intend to continue their close discussions on the most critical issues, and both remain optimistic that the court can achieve its mandate.”

Many believe that the Cambodian government has continuously placed hurdles in front of the tribunal causing some to question the nation’s dedication to a successful tribunal.

Since its founding in 2003, the tribunal has spent $150 million dollars and has achieved only one conviction.

The man convicted was sentenced to thirty-five years in prison, which was later commuted to nineteen years, for his role in the death of 14,000 people at a Cambodian torture center.

The tribunal stems from the execution, torture, starvation, overwork and disease that occurred under the Maoist regime between 1975 and 1979 and resulted in over two million deaths.

 

For more information, please see:

AFP – UN Defends Judge in Khmer Rouge Trial Row – 25 January 2012

Reuters – U.N. Says Won’t Change Judge for Cambodia War Crimes Court – 25 January 2012

Voice of America – UN Insists on Appointment of Swiss Tribunal Judge – 25 January 2012

Radio  Free Asia – No Reversal of Tribunal Judge Decision – 24 January 2012

Detainee Dies From Torture In Bahrain, Opposition Says

By Carolyn Abdenour
Impunity Watch Reporter, Middle East

MANAMA, Bahrain – On Thursday, 26 January, Bahrain’s police reported 18-year-old Mohammed Yaaqub died from sickle cell disease, a chronic disease, while in custody.  Although the officers asserted he died of natural causes, Wefaq, the main Shi’ite Muslim opposition group, claimed the young man died from torture.

Riot police chase anti-government protesters in Manama, the country's capital. (Photo Courtesy of The Boston Globe)

The police detained him on Wednesday for “acts of violence and sabotage.”  Police officers also clashed with and wounded several protesters in four Shi’ite villages in the country on Wednesday.

Wefaq stated the victim sustained injuries after he was squeezed him between two police cars while they followed him.  Yaaqub attempted to flee a Shi’ite led protest when clashes erupted between the protesters and the security forces.  The police then detained him and tortured him rather than treating his injuries.

Leading opposition figure and former Minister of Parliament Matar Matar commented, “Instead of receiving the necessary medical treatment, the police took him to the yard opposite Sitra police station where he was tortured.”

With the announcement of Yaaqub’s death, the government issued a statement that did not identify the victim.  The police hospitalized the victim and charged him with vandalism that occurred during the demonstration.  The Interior Minister stated public prosecutors would investigate the victim’s death.

Throughout the past year, Bahrain’s police quashed pro-democracy protests led by the Shi’ite Muslim majority.  The protests called to limit the Sunni ruling family’s authority, to cease sectarian discrimination, to ensure the Shi’ite majority secured a stronger voice in government and security affairs.

The government detained over 1,000 people during the year’s protests.  Thirty-five people died since March 2011 in nonstop unrest, including five security personnel and five people in custody, who were tortured to death.  Bahrain’s inquiry of the protest and crackdown disclosed officials abused and tortured detainees.

As the one-year anniversary of the protests approaches, violence has increased in the country.  The Interior Minister reported 41 riot police officers sustained injuries when protesters threw rocks, bottles, metal rods, and petrol bombs at the officers last week.  The government considers protests by Shi’ite youths, which may include these violent acts, as vandalism.

A Bahraini rights group reported that thirteen people died from indiscriminate use of tear gas since February 2011.  On Thursday, Amnesty International called for Bahrain to investigate the issue.  Hassiba Hadj Sahraoui, an Amnesty International regional deputy director, said, “The rise in fatalities and eyewitness accounts suggest that tear gas is being used inappropriately by Bahraini security forces, including in people’s homes and other confined spaces.”

For further information, please see:

Ahram Online – Detained Bahraini Protester Dies: Ministry – 26 Jan 2012

Al Jazeera – Bahrain Confirms Teen Died in Police Custody – 26 Jan 2012

Boston Globe – Protester In Bahrain Dies After Arrest – 26 Jan 2012

Reuters UK – Bahrain Detainee Dies In Custody, Opposition Sees Torture – 26 Jan 2012

Impunity Watch Launches Online Law Journal App

by Staff
Impunity Watch

Announcing the Launch of the Impunity Watch App
The First Online Law Journal App

Learning about human rights violations and other instances of government impunity is now available through smartphone. Impunity Watch, the first global, law student-run blog to monitor instances of impunity, has launched its first official mobile application in the Android Marketplace, available January 25, with its Apple Store version available soon. Impunity Watch is managed by Syracuse University College of Law student reporters who constantly monitor human rights news around the world.


“The app allows users to read news from all over the world,” says Laura E. Hirahara, a third-year law student and technical director for Impunity Watch.  “As the first law journal app, it allows readers to interact with the website and receive instant updates on human rights issues on their phone.”

Impunity Watch, which was founded by Syracuse University College of Law Professor David M. Crane L’80, the former chief prosecutor of the Special Court to Sierra Leone, offers readers an exclusive online format that provides uncensored online dialogue that sorts issues of impunity by global regions and a separate area that allows posting of academic or formal papers on the issues of impunity.

The app is currently available for Android smartphones, and will be available on the Apple App Market soon. You can download the app from the Android Market by clicking here.

For the latest information about the new app, visit Impunity Watch at http://www.impunitywatch.net, follow the blog on Twitter @ImpuniTweet and on Facebook.

Don’t have a smartphone? Don’t worry, even though you still haven’t entered 2012, you can still follow Impunity Watch on Twitter and Facebook, or visit our website to sign up for our RSS Feed or have daily news headlines sent to your email.

Update: Four High-Ranking Kenyans Indicted by ICC

By Zach Waksman
Impunity Watch Reporter, Africa

NAIROBI, Kenya – In the wake of Monday’s confirmation of charges for crimes against humanity by the International Criminal Court, two high-ranking officials in the Kenyan government resigned from their positions Thursday.  Finance Minister Uhuru Kenyatta and Head of Public Service and Secretary to the Cabinet Francis Muthaura both decided to step down was pressure on them mounted.  Kenyatta, who is also a presidential candidate this year, will remain in the government in his other role as Deputy Prime Minister.

The reasons for their decisions were not stated.  After the ICC made its announcement, members of the Orange Democratic Movement called for both men to be fired from their posts.  As part of the commission that investigated the post-election violence of 2007-2008 for which they are accused of inciting, an agreement was struck regarding the effects of allegations on members of the government.

“The parties shall ensure that any person holding public office or any public servant charged with a criminal offence related to 2008 post-election violence shall be suspended from duty until the matter is fully adjudicated upon,” it states.

It adds: “The parties shall ensure that any person convicted of a post-election violence offence is barred from holding any public office or contesting any electoral position.”

Kenyatta has not yet stated whether he would end his campaign.  But according to Justice Minister Mutula Kilonzo, the allegations should preclude Kenyatta and MP William Ruto, who also faces charges, from continuing their presidential runs.

“It is just impunity because you can’t take a court of law for granted and we don’t know what the court will say,” Kilonzo said during the launch of the East African Centre for Human Rights.

Nairobi Metropolitan Minister Njeru Githae will take Kenyatta’s place as Finance Minister.   Internal Security Permanent Secretary Francis Kimemia is the acting Head of Public Service and Secretary to the Cabinet.

For more information, please see:

BBC — Kenya ICC: Kenyatta Resigns from Finance Role — 26 January 2012

Daily Nation — Uhuru, Muthaura Bow to Pressure, Step Aside — 26 January 2012

The Standard — Uhuru, Muthaura Step Aside — 26 January 2012

Washington Post — Kenya Finance Minister, Cabinet Secretary Leave Posts over ICC Charges on Election Violence — 26 January 2012

Daily Nation — ODM Legislators Now Want Uhuru, Muthaura Sacked — 24 January 2012