Trial Of Tunisian Television Station Director Delayed

By Carolyn Abdenour
Impunity Watch Reporter, Middle East

TUNIS, Tunisia – On Monday, 23 January, a Tunisian court delayed the case against Nessma TV for airing the award-winning French-Iranian film “Persepolis” for insulting Islam until 19 April.  The judges will now consider the new press code adopted after the overthrow of former dictator Zine El Abidine Ben Ali.

Nessma TV’s station director Nabil Karoui. (Photo Courtesy of Tunisia Live)

Over 140 lawyers filed suit against Nessma TV’s station director Nabil Karoui and several of the station’s workers.  The court charged them with “attacks against sacred values and morals and disturbing the public order.”  Karoui could serve three years in jail if he receives a conviction.  His lawyers already stated they would appeal that verdict.

When Karoui arrived at the courthouse, he said it was a political trial, a “trial of 10 million Tunisians who dreamed of having a democratic country.”

The film depicts Tunisia’s challenges of implementing Islamic values into society after years of government-enforced secularism.  After the Tunisian television station showed the film on 7 October, ultraconservative Muslims, called Salafis, engaged in angry demonstrations and firebombed the station owner’s home.

Recipient of the jury prize at the 2007 Cannes Film Festival, “Persepolis” adapted Iranian director Marjane Satarpi’s graphic novels portraying a girl’s childhood during Iran’s 1979 Islamic Revolution.  The animated film, dubbed in a Tunisian dialect, contains a scene where a character represents God.  Islam deems depictions of God blasphemous.

The trial began on 17 November, but the judge adjourned the matter until January once lawyers began arguing inside the courtroom.  On Monday, large crowds demonstrated outside the courtroom in support of Nessma TV and the Salafis.

The Salafis chanted, “Secularists, you have no place in Tunisia”.  Demonstrator Mohammed Chammam added, “If the people of Nessma do not return to the right path, their activities will be halted by any means necessary, including violence.”

However, several major Tunisian figures visited the courthouse to support the television station, including lawyers, human rights activists, non-governmental organizations, and ex-political leaders.  Amnesty International and Paris-based International Federation of Human Rights also called upon the Tunisian government to end the trial.

Ben Ali enforced secularism and persecuted Islamists until the people overthrew him in January 2011.  Throughout the past year, a small group of Salafists began promoting Islam’s ultraconservative form.  Two weeks after the film aired, Ennahda, a moderate Islamist party that does not hold the Salafists’ extreme ideology, dominated Tunisia’s elections.

Mohamed Bennour, the Ettakatol Party’s spokesperson, said, “The Tunisian people revolted to eradicate all types of censorship.  This trial is an influential battle that will decide the future of freedom of expression and personal freedoms in Tunisia.”

For further information, please see:

The National – Trial Of Tunisian TV Station Owner Accused Of Offending Islam Postponed – 24 Jan 2012

Al Arabiya News – ‘Persepolis’ Trial Resumes In Tunisia In Tense Climate – 23 Jan 2012

Boston Globe – Tense Tunisia ‘Persepolis’ Trial Delayed To April – 23 Jan 2012

Tunisia Live – Trial Postponed for Tunisia TV Station Owner Responsible for ‘Persepolis’ Airing – 23 Jan 2012

Chevron Refuses to Accept Ecuadorian Decision in 20 Year Long Environmental Destruction Case

by Emilee Gaebler
Impunity Watch Reporter, South America

QUITO, Ecuador – Chevron has released statements that they will appeal an Ecuadorian court ruling, sustaining an earlier decision, that they pay $18 billion in damages to the indigenous and rural residents in the northern Amazonian region that was destroyed in the early 1990s by the company’s negligent business practices.

An activist photographed in February of 2011 shows the remnants of an oil spill from the 1990s. (Photo courtesy of CNN)

In a case that first entered litigation in 1993, Chevron has fought aggressively to eradicate any of their liability for the environmental destruction in the Amazonian rainforest.  Chevron is making a variety of claims to fight the recent decision handed down by an Ecuadoran appeals court on January 4.

“Today’s decision is another glaring example of the politicization and corruption of Ecuador’s judiciary that has plagued this fraudulent case from the start…Chevron does not believe that the Ecuador ruling is enforceable in any court that observes the rule of law,” was Chevron’s official statement.

The appeal is being made to Ecuador’s national court and asserts that reports and evidence made against Chevron were fabricated and that bribes were offered by plaintiffs and accepted by the judges.  Additionally, Chevron is claiming that a law was retroactively applied to the case and that blatant disregard has been shown towards their proof that releases of liability were signed by the government of Ecuador early in the 1990s.

In the original decision, released over a year ago, Chevron was told that to make a public apology to Ecuador and if they did not, then the payment required of them would be increased to $18 billion.  To this date, no apology has been issued by the company.

The case centers around the destruction of the Amazonian rainforest that occurred in the early 1990s, the effects of which are still felt to this day.  Chevron’s operations allegedly used substandard products, dumped more than 18 billion gallons of toxic waste into the Amazon river, abandoned almost a thousand waste pits and spilled millions of gallons of oil into the environment due to pipeline ruptures.

The roughly 30,000 indigenous and rural individuals, who make up the plaintiffs in the case, continue to be deeply affected in their day-to-day lives.  They are forced to drink contaminated water from the still-polluted river.  They have difficulties subsisting as wildlife has been almost eradicated and the land has been degraded.

There is also an ongoing health crisis.  Those living in the area suffer from respiratory conditions, skin diseases, reproductive problems and higher cancer rates than average.  The plaintiff’s attorney, Pablo Fajardo, stressed that these acts by Chevron are poorly disguised racist attempts to deny the right of access to justice to the indigenous people.

Beyond the appeal, this case might soon be heard on the international level.  The Hague, last February, also began investigations into this case.  A decision by the tribunal is expected to be released soon as to whether or not they have jurisdiction to hear the case.

 

For more information, please see;

Insurance Journal – Chevron Appeals$18 Billion Judgment Ruling in Ecuador Lawsuit – 23 Jan 2012

CNN – Chevron Appeals $8.6 Billion Ruling – 21 Jan 2012

Indian Country – Indigenous Ecuadorians Take Their Struggle Against Chevron to International Courts – 18 Jan 2012

Oxfam America – Chevron’s Last Gasps in its Fight Against the Amazon? – 17 Jan 2012

The New Yorker – Reversal of Fortune – 9 Jan 2012

China Sends Another Prominent Activist to Jail

By: Jessica Ties
Impunity Watch Reporter, Asia

BEIJING, China– Maoist writer Li Tie was sentenced to ten years in prison and three years deprivation of political rights for subversion after he wrote online articles advocating for political reform.

Activist Li Tie was sentenced to ten years in prison for subversion (Photo Courtesy of Front Line Defenders).

The sentencing of Li Tie comes within a month of activists Chen Wei of Sichuan and Chen Xi of Guizhou being sentenced to nine years and ten years respectively for “inciting subversion”.

According to the spokesman for the UN Office of the High Commissioner for Human Rights, Rupert Colville, “[t]he very harsh sentencing of human rights defender Li Tie is the fourth verdict against a prominent human rights defender in China since last December.” He continued to state that the United Nations is “…very disturbed by this trend of severe suppression of dissent in the county, which appears to be designed to intimidate.”

The basis of Li’s conviction was a set of thirteen articles written by Li and interpreted by the court as an attempt to encourage others to overthrow the government.

Li was initially detained in September 2010 and was formally arrested a month later. During his time in custody he was denied visits from family and was pressured by authorities to accept a government appointed lawyer.

According to Li’s brother, Li Jian, “…they wouldn’t let him have his own lawyer, or rather, they didn’t ban him outright but did everything they could to obstruct him, so it was impossible to hire him.”

Dozens of lawyers, writers and activists have been detained in China since mid-February when protest advertisements began to appear on the internet following a series of uprisings in the Arab world.

The calls for protest, dubbed the Jasmine Revolution, have led the Chinese government to begin to clampdown on activists by detaining and sentencing them to long prison sentences.

Human rights groups claim that the three recent sentences handed down were far more severe than what is normally administered in such cases and is believed to reflect rising government anxiety as the one year anniversary of the uprising in the Middle East approaches.

Also contributing to Chinese anxiety is the change taking place in top-level leadership this year. Chinese authorities fear disruption during the period in which the Vice President assumes the role of general secretary of the party and then president.

According to rights lawyer Mo Shaoping, “[i]t’s now a consensus among many people that the legal environment in China is worsening; the authorities are setting up more and more obstacles.”

 

For more information, please see:

AFP – UN ‘Disturbed’  by Jailing of China Activist – 20 January 2012

The New York Times – China Sentences Another Prominent Activist to Prison – 19 January 2012

Radio Free Asia – Maoist Writer Jailed for Subversion – 19 January 2012

The Washington Post – Another Writer Sentenced as China’s Crackdown Continues – 19 January 2012

Four High-Ranking Kenyans Indicted by ICC

By Zach Waksman
Impunity Watch Reporter, Africa

THE HAGUE, Netherlands – The future of Kenyan politics entered a state of flux on Monday, after the International Criminal Court confirmed charges against Deputy Prime Minister Uhuru Kenyatta, Eldoret North MP William Ruto, Head of Civil Service Francis Muthaura and Journalist Joshua Sang.  All four men are major players in the present regime, but the charges against Kenyatta, who also serves as Finance Minister, and Ruto of are particular note.  Both plan to run for president of the east African country this year.

MP William Ruto, journalist Joshua arap Sang, Head of Civil Service Francis Muthaura, and Deputy Prime Minister Uhuru Kenyatta face charges of crimes against humanity brought by the ICC on Monday. (Photos courtesy of KBC)

They will face trial for alleged crimes against humanity that took place in the weeks following the 2007-08 elections.  The charges include acts of murder, excessive force, and forcible relocation of populations.  More than 1,200 people were killed during this time, and an additional 600,000 people were forced to flee their homes.  Some have not been able to return yet.

President Mwai Kibaki, who was the winner of that election, made a call for calm after the announcement.  In his address from Harambee House in Nairobi, he announced that he has instructed Attorney General Githu Muiga to form a legal panel to advise his government on how best to respond to the ICC’s decision.

“I have with immediate effect directed the Attorney General to constitute a legal team to study the ruling and advise on the way forward,” Kibaki said.

The accused plan to appeal the charges against them.  Ruto, who, along with Sang, faces charges of organizing attacks on Kibaki supporters based on their ethnicity or political affiliations, held a press conference to say that he would not suspend his presidential campaign.  He also sounded certain that he would ultimately be acquitted.

“These allegations are and will forever be strange to me. I have been and will forever be a stranger to the allegations against me. My legal team is going to analyze the different actions we will take as a team,” Ruto told journalists in Nairobi. “I want to inform Kenyans that I’m firmly in the presidential race. To my worthy competitors, let us meet at the ballot and let the people of Kenya decide.  To my family especially wife Rachel, mother Sarah and children I am eternally grateful. I am persuaded and clear in my mind truth will prevail and innocence confirmed.

Kenyatta, who is the son of Kenya’s first president and holds a fortune of over $500 million, will stand trial alongside Muthaura in a separate proceeding.  He is accused of multiple crimes against humanity, including sexual violence.  He issued a statement denying the charges.

“My conscience is clear, has been clear and will always remain clear that I am innocent of all the accusations that have been leveled against me,” Kenyatta posted on Facebook, adding that he would continue to cooperate with the ICC, “because I believe in the rule of law.”

Last week, he told the BBC that he would continue his campaign regardless of any charges he faced.

Sang’s inclusion as a suspect was seen as a surprise as he was not part of the government.  He hosted a radio program, which he is accused of using to inform supporters of where to conduct coordinated attacks.

Human Rights Watch hailed the ICC’s decision.  The resulting trials, according to its statement, would “break with decades of impunity in Kenya for political violence.”  The country still needs to set up its own apparatus.  Kenya attempted to form a special tribunal to investigate, but ultimately decided that the ICC would be a better venue.

Amnesty International also expressed concern about the efficacy of having the ICC handle this matter, particularly regarding the effect that budget cuts at the ICC might have on its ability to provide fast and fair trials for the defendants..

“[T]hese are just four individuals. Thousands of human rights abuses, some of which may amount to crimes against humanity, took place during the post-election period and thousands of victims are still waiting for justice,” said Justus Nyang’aya, Director of Amnesty International, Kenya.  “It is vital that the Kenyan authorities open investigations and, where there is sufficient admissible evidence; prosecute all those suspected of committing crimes.”

The ICC declined to pursue charges against Tinderet MP Henry Kosgey and former Police Commissioner Hussein Ali.  No trial date has been set.

For more information, please see:

BBC — Kenyatta and Ruto to Face ICC Trial over Kenya Violence — 23 January 2012

Daily Nation — ICC Judges Confirm Cases against Four Top Kenyans — 23 January 2012

Daily Nation — Kenyan Suspects to Appeal against ICC Ruling — 23 January 2012

Daily Nation — Kibaki Order AG to Form Probe Team on ICC Ruling — 23 January 2012

KBC — Cases against Ruto, Sang, Muthaura, and Uhuru Confirmed — 23 January 2012

KBC — Kibaki Directs AG to Form Team to Study ICC Ruling — 23 January 2012

KBC — Ruto Maintains He is Innocent — 23 January 2012

Standard — Breaking News: Four of the Six Suspects to Face Trial – ICC — 23 January 2012

Washington Post — Int’l Court Orders Kenyan Presidential Hopefuls to Stand Trial in Postelection Violence Case — 23 January 2012

Arab League Struggles To Win Legitimacy in Syria

By Adom M. Cooper
Impunity Watch Reporter, Middle East

DAMASCUS, Syria–In the latest development coming out of Syria, the country has condemned a new Arab League initiative that calls on President Bashar al-Assad to relinquish his power by holding early elections and forming a “national unity government.” After a meeting of the 22-member body in Cairo, Qatar’s prime minister, Sheikh Hamad bi Jassim Al Thani, stated that the group came to a consensus on the political initiative that would hopefully result in the “peaceful departure of the Syrian regime.”

Arab League monitors, wearing orange vests, oversee the release of Syrian detainees as they leave Adra Prison near Damascus.(Photo Courtesy of BBC)

“After the establishment of the government of national unity, the Arab League will call on the international community to support this national unity government to fulfill its functions. We are looking into an Arab solution for this. We are not looking for a military intervention.”

The Arab League called for the government to begin a dialogue with the opposition within two weeks and for the new government to be formed within two months. The unity government should, within three months, prepare to elect a council that will write a new constitution and prepare for parliamentary and presidential elections.

The Syrian state television released the following statement from a government official, claiming that the resolution was part of a conspiracy against the Syrian people.

“Syria rejects the decisions taken which are outside an Arab working plan, and considers them an attack on its national sovereignty and a flagrant interference in internal affairs.”

In addition to a call for national unity, Al Thani announced that the Arab League’s observer mission in Syria would be extended for another month and the observers would be given additional equipment after Genera Mohammed Ahmed Mustafa al-Dabi of Sudan, the head of the monitoring mission, desired for his mandate to be bolstered.

On Sunday 22 January 2012, Saudi Arabi announced that it was pulling out of the Arab League’s 165-monitor mission in Syria because Damascus had broken several promises on peace initiatives. The decision to extend the mission for a month has been heavily criticized by several analysts and the Saudi decision to leave has cast the mission long-term future into serious doubt. Saudi Arabia is one of the key funders of the league’s projects.

Al-Jazeera correspondent Mike Hanna, reporting from Cairo at the headquarters of the Arab League, shared these words about the situation.

“We understand that al-Dabi has said to the Syrian committees that the mission has not gained enough momentum yet to get a full judgment on it. He said that he needed more time with the added monitors that he’s received in recent weeks and the added geographical places in which the monitoring mission is now extended to see if this mission can in fact work.”

The Syrian Revolution General Commission (SRGC), an anti-regime activist group, claimed on Sunday 22 January 2012, that at least 840 Syrians have been killed since 23 December 2011, the date that the Arab League observers entered Syria. The SRGC also stated that the Arab League has failed to limit the bloodshed or successfully implement the Arab League Peace Plan.

While the Arab League continues to deliberate on how to deal with al-Assad’s regime, the violence did not wish to take a hiatus and deliberate as well. Activists reported that on Sunday 22 January 2012 battles between government troops and army defectors in Douma, a suburb of Damascus. Syria’s Local Coordination Committees reported that at least five individuals were killed.

Arab League Secretary-General Nabil el-Araby stated that the Syrian government has not complied with some parts of an Arab League agreement specifically aimed at ending a violent crackdown on demonstrators and protesters. el-Araby also stated that Syrian officials are treating the crisis as a security problem, noting that armed opposition factions controlling some areas make it increasingly difficult for observers to do their jobs. But he did state that overall, the presence of the monitors has resulted in improvements around the nation.

“The presence of the Arab monitors provided security to opposition parties, which held an increase in number of peaceful protests in areas where the monitors were present.”

But there has been a stark contrast regarding the presence of the Arab League monitors. Burham Ghailoun, head of the opposition Syrian National Council (SNC), stated that the monitors have not seen the full extent of what is going on and thus, cannot adequately address the problems.

“The Arab monitors indicated that the regime did not follow protocol, did not release the detainees, did not remove all military tanks, did not allow press to travel freely, did not recognize even once the peaceful protests, and the massacre of Idlib yesterday is proof of that. The regime let down the Arab League, and Arab nations have the responsibility to respond.”

The UN has reported that more than 5,000 individuals have lost their lives since the anti-regime demonstrations and protests began in March 2011. Syria’s ban on international journalists remains in full effect, continuing to make it difficult to confirm and verify reports that occur around the nation.

If the Arab League wishes to save face and retain any sort of legitimacy, the ban on international journalists needs to be lifted and addressed as it continues to put plans together. The chances of things being hidden from the eyes of Arab League monitors can only decrease with the eyes and ears of experienced international journalists present.

 

For more information, please see: 

Al-Jazeera – Syria Rejects Arab League Transition Plan – 23 January 2012

BBC – Syria Unrest: Arab League Urges Assad To Reform – 23 January 2012

CNN – Arab League Calls For Unity Government In Syria – 23 January 2012

Ahram – Arabs Set To Extend Syria Mission, Rebels ‘Overrun Town’ – 22 January 2012

The Guardian – Saudi Arabia To Withdraw Arab League Monitors From Syria – 22 January 2012

NYT – Arab League Floats Ambitious New Peace Plan For Syria – 22 January 2012

Reuters – Arab League Proposes New Plan For Syria Transition – 22 January 2012