In The Midst of Protests and Violence, Al-Assad Offers ‘Amnesty’ To Opposition

By Adom M. Cooper
Impunity Watch Reporter, Middle East

DAMASCUS, Syria–In the latest developments coming out of Syria, President Bashar al-Assad has officially offered amnesty to anyone accused of crimes in connection with demonstrations and protests that have occurred in the last 10 months of anti-regime unrest and ensuing violence. al-Assad has previously made similar statements on three previous occasions in May, June, and November of 2011.

Anti-regime individuals cheer for Arab League monitors in Zabadani. (Photo Courtesy of CNN)

 

 

 

 

 

This time, al-Assad made the announcement on the official SANA news agency and broadcast on state television. According to the announcement, it would apply to army deserters who turned themselves in before the end of January, peaceful protesters, and those who handed in unlicensed weapons. The statement included the following segment.

“Amnesty is granted for crimes committed in the context of the events taking place since March 1, 2011, till the date of issuing the decree.”

Opposition groups did not respond immediately to the amnesty pledge, as this is the first time that al-Assad has made it since forces loyal to him have lost control of parts of Syria’s cities and towns.

Since the demonstrations and protests began in March 2011, SANA has reported that al-Assad has freed approximately 3,952 prisoners. The opposition claims that there are thousands more in Syrian prisons and said that 26 people had died on Sunday 15 January 2012, including a policeman and soldier killed by security forces for refusing to fire upon protesters. Among the individuals who lost their lives on Sunday 15 January 2011, five were factory workers killed when their bus was hit by a bomb in the northern province of Idlib.

In the past year, tens of thousands of people have been detained in the past year. The UN estimates that at least 5,000 people have been killed since initial peaceful protests against al-Assad’s regime turned violent. Many demonstrations and protests were met with brutal security crackdowns, which ignited an ongoing armed conflict that has seen both the military and the opposition orchestrate attacks.

UN chief Ban Ki-Moon released a statement on Sunday 15 January 2012 concerning the ongoing situation in Syria.

“Today, I say again to President Assad of Syria: Stop the violence. Stop killing your people. The path of repression is a dead end. The lessons of the past year are eloquent and clear. The winds of change will not cease to blow. The flame ignited in Tunisia will not be dimmed. Let us remember as well, none of these great changes began with a call for a regime change. First and foremost, people wanted dignity.”

Residents in the town of Zabadani, approximately 50 km (30 miles) northwest of Damascus, cheered as Arab League monitors visited their area. These residents, according to CNN, stated that their water and electricity had been cut off from the past three days and displayed fresh wounds from conflicts with pro-government forces.

When the monitors were ready to leave after their inspection of this designated area, many thousands of residents implored them to stay, stating that the attacks would resume once they had left. Many of the residents offered to show the monitors where Syria tanks were hidden in fields surrounding the city. al-Assad’s regime was required to pull its heavy weaponry out of the cities under the agreement that was signed with the Arab League in November 2011. But the residents of Zabadani claimed that the tanks were only absent when the Arab League monitors were present.

Fares Mohammed, a spokesman for the Local Coordination Committees of Syria, claimed that about 100 armored vehicles had surrounded the city for three days. Also, that the power and water were cut off, while the city faced sub-freezing temperatures. A member of the Free Syria Army, which is composed primarily of deserters who are siding with the opposition, stated that there were about 70 lightly armored fighters in Zabadani. He gave this statement to CNN, asking not to be named for security purposes.

“The situation is very bad. The siege is choking us, and even air is running out.”

Despite its large presence, the Arab League continues to struggle with its mission of holistically quelling the violence in Syria. The current delegation in the country has not stopped drawing fierce criticisms from both sides of the conflict and a general consensus exists that the mission has failed. However, there is also a general consensus that it is important to keep away intervention from outside of the Arab world, the same intervention in Libya that helped bring down Muammar Gaddafi.

Amr Moussa, who left the Arab League leader’s chair last year, showed support for a Qatari proposal to send Arab troops in Syria to deal with the violence. He shared these sentiments with a correspondent from The Guardian.

“This is a very important proposal. The Arab League should begin to study this possibility and begin consultations on this issue.”

The ruler of Qatar, Sheikh Hamad bin Khalifa Al Thani, shared these words with US news outlet CBS in his support of sending in Arab troops.

“For such a situation to stop the killing, some troops should go to stop the killing.”

It appears that the more al-Assad talks about making changes for his people, the more of them seem to suffer or be put at risk to suffer.

 

 

For more information, please see:

Ahram – Syrian President Grants General Amnesty – 15 January 2012

Al-Jazeera – Assad Offers ‘Amnesty’ For Opposition – 15 January 2012

BBC – Syria Crisis: Assad ‘Gives Amnesty For Uprising Crimes – 15 January 2012

CNN – Syria Toll Rises To 25; Monitors Cheered In Besieged Town – 15 January 2012

The Guardian – Syria Offers Second Amnesty to Anti-Regime Protesters – 15 January 2012

NYT – Fear of Civil War Mounts in Syria as Crisis Deepens – 14 January 2012

 

Kuwaiti Police Arrest and Torture Transgender Women

By Tyler Yates
Impunity Watch Reporter, Middle East

KUWAIT CITY, Kuwait — Police officers in Kuwait are drawing international scrutiny for having tortured and sexually abused transgender women under the protection of a law passed in 2007.

The law arbitrarily criminalizes “imitating the opposite sex.”

Human Rights Watch is calling for Kuwait to repeal the discriminatory law and hold the police officers accountable for their misconduct. A 63-page report released by the organization entitled “They Hunt us Down for Fun: Discrimination and Police Violence Against Transgender Women in Kuwait” documents the physical, sexual, and emotional abuse and persecution that transgender women – individuals that were born male but identify as female – have faced at the hands of Kuwaiti police.

The report archives instances of abuses committed by members of the Kuwaiti police and the public, and concludes that the arbitrary, ill-defined provisions of the law have created an atmosphere that allows such abuses to take place.

Kuwaiti police have free reign to determine whether a person’s appearance corresponds with “imitating the opposite sex” without being given any criteria for the offense.

Transgender women have reported being arrested while dressed as men, and then being forced to dress as women later coupled with a claim that they were arrested that way.  Some reported that they were arrested because the police said they had a “soft voice” or “soft skin.”

Transgender women that have been arrested report having faced degrading and humiliating treatment while in detention, including being paraded naked around the police station, being forced to dance for police officers, sexual humiliation, verbal taunts and intimidation, solitary confinement, and abuse that could amount to torture.

“No one – regardless of his or her gender identity – deserves to be arrested on the basis of a vague, arbitrary law and then abused and tortured by police,” said Sarah Leah Whitson, Middle East director at Human Rights Watch. “The Kuwaiti government has a duty to protect all of its residents, including groups who face popular disapproval, from brutal police behavior and the application of an unfair law.”

International law dictates that Kuwait has an obligation to ensure the protection of its residents from arbitrary arrests or detention.

Kuwait is a signatory to the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, under which sexual violence by police officers acting in an official capacity constitutes torture.

Human Rights Watch has also asked, pending repeal of the law, for the Kuwaiti interior ministry to issue a moratorium on arrests of transgender individuals, and to work to protect them.

For more information, please see:

Human Rights Watch — “They Hunt Us Down For Fun”: Discrimination and Police Violence Against Transgender Women in Kuwait — 2012

Al Arabiya — Kuwait police abused transgender women: HRW — 15 Jan. 2012

Arabian Business — Kuwait urged to crack down on transgender attacks — 15 Jan. 2012

Asia One — Kuwait police abused transgender women: HRW — 15 Jan. 2012

Human Rights Watch — Kuwait: End Police Abuses Against Transgender Women — 15 Jan. 2012

Kuwait Times — ‘They Hunts us Down for Fun’ – Police accused of transgender torture, sexual assault — 15 Jan. 2012

Young Girl with Mental Retardation Denied Kidney Transplant at Children’s Hospital of Philadelphia

By Brittney Hodnik
Impunity Watch Reporter, North America

WASHINGTON, United States – On 10 January 2012, Chrissy and Joe Rivera spoke with a doctor about a kidney transplant for their disabled daughter.  Rather than receiving hopeful news, they were faced with the exact opposite.  The doctor at the Children’s Hospital of Philadelphia (CHOP) told the Riveras that their daughter, Amelia was not eligible for a kidney transplant because she is mentally retarded.

CHOP told Chrissy and Joe Rivera that Amelia is not eligible for a kidney transplant because of her mental retardation. (Image courtesy of Examiner.com)

Amelia Rivera was born with Wolf-Hirschhorn Syndrome, which is a rare genetic disorder.  Symptoms include intellectual disabilities, seizures, and a shortened life span, according to Examiner.com.

The Nephrology Department at CHOP told the Riveras that Amelia would need a kidney transplant in the next 6 months to a year.  When the parents and a sleeping Amelia sat down with another doctor to discuss transplants, the doctor informed them that she was not eligible. 

According to Chrissy Rivera’s blog, the doctor slipped her a list of reasons why kidney transplants can be denied.  Two different lines were highlighted: “Mentally retarded” and “Brain Damage.”  These two reasons are on a list with other medical problems including HIV and Hepatitis C.

When Mrs. Rivera said that the transplant list was not necessary, because someone in the family would donate a kidney, the doctor said that the surgery would not be performed at CHOP.  According to Examiner.com, the doctor insisted, “[Amelia] is not eligible because of her quality of life . . . [b]ecause of her mental delays.”

A study in 2006 showed that patients with mental retardation are just as likely as patients without mental retardation to have a successful transplant.  Originally, people with mental retardation were often turned down for transplants according to The Ohio State University Research Center, but now transplants are much more common.  “People with disabilities do have access to transplants, but whether we have reached equal access is impossible to say,” said Steven Reiss, a co-author of the study.

Many doctors refuse to do such transplants because often there are other medical problems associated with the mental retardation that diminish the probability of success.  In addition, some argue that the patients will not take all of the medications necessary to ensure success.  Opposing sides argue that caregivers of people with mental retardation are more diligent and likely to compel transplant patients to take their medications.

The United Nations Convention on the Rights of Persons with Disabilities, Article 25 on health says that doctors and hospitals must “recognize that persons with disabilities have the right to the enjoyment of the highest attainable standard of health without discrimination on the basis of disability.  Furthermore, Article 10 says that “every human being has the inherent right to life and shall take all necessary measures to ensure its effective enjoyment by persons with disabilities on an equal basis with others,” according to a blog on the Care2 website.

CHOP issued a statement on its Facebook page reassuring the public that CHOP “does not have any criteria which exclude patients from being considered for transplant solely on their cognitive status.”  The statement went on to say the hospital uses a “non-discriminatory approach” in its determinations.

Reiss and his co-authors have since begun developing an international registry of organ transplants among the mentally retarded.  This way, the study can be further expanded and at the same time, help mentally retarded patients find appropriate matches for those on waiting lists.

As of now, “Mental Retardation” remains on the printed checklist of reasons why an organ transplant could be denied.  Steven Reiss says as a result of the study, “there doesn’t seem to be any reason to think the mentally retarded are not good candidates for transplants.”

Chrissy and Joe Rivera have vowed to continue fighting for Amelia, and insist that she will get the transplant that she needs to continue to live her life.

For more information, please visit:

Care2 (blog) — Hospital: No Kidney Transplant for Girl with Disabilities — 14 Jan. 2012

The Examiner — Should Disabilities Matter in  Organ Transplants — 14 Jan. 2012

The Examiner — Hospital Denies Life Saving Transplant to Child Because of Special Needs — 13 Jan. 2012

WolfHorschhorn.org (Chrissy Rivera’s blog post) — Brick Walls — 12 Jan. 2012

Research News at The Ohio State University — Organ Transplants Just as Successful in Those with Mental Retardation — 12 June 2006

Yemenis Protest Against Proposed Immunity Law

By Carolyn Abdenour
Impunity Watch Reporter, Middle East

SANAA, Yemen – On Monday, thousands of protestors gathered throughout Yemen to rally against the approved draft of a law to provide immunity to President Ali Abdullah Saleh and his aides from prosecution.  The bill received approval from the Yemeni cabinet on Sunday, and the parliament is expected to approve it within days.

Saleh ruled Yemen for 33 years. (Photo Courtesy of CNN)

If the parliament passes the law without changes, Saleh and his officials from his 33-year rule will receive immunity from prosecution once Salah resigns on February 21.  Spokesperson for the opposition Joint Meeting Parties (“JMP”) Ghaleb al-Odaini projects the lawmakers will amend the proposed deal brokered by the Gulf Cooperation Council last month before codifying the law.

The deal granted Saleh immunity if he gave political power to Vice President Abdu Rabu Hadi.  Diplomats commented that Saleh would not resign if he did not receive immunity.  Yemenis suspect Saleh of trying to break the deal and remain in power.

If Saleh receives immunity, he will not be tried for the over 200 deaths of protestors during crackdowns in the Yemen uprising.

People protested holding pictures of Saleh with bloody hands holding a butcher knife while asking their country to try Saleh.  In the capital Sanaa, Protestor Abdel-Hadi al-Azazi said the law “helped the leader of a criminal gang escape legal punishment.”  At a rally in Taizz, Saleh’s loyal forces opened fire on the demonstrators killing two people and critically injuring several others.  Protests continued Friday where security forces opened fire in Aden and killed at least four protesters.

However, some people welcome the bill.  Youth activist Abdullah al-Kuraimi said, “We are against the immunity bill, but it will play a big role in ending the Saleh family rule in Yemen and give us a change to build a new nation.”  Prime Minister Mohammed Bosendowah added, “We granted President Saleh immunity to rid the country from a civil war or possible bloodshed.”

Amnesty International’s interim director for the Middle East and North Africa Philip Luther asserted the law is “a smack in the face for justice.”  Navi Pillay, the United Nations High Commission for Human Rights, added Saleh’s guarantee of immunity from accused gross human rights violations or war crimes may violate international law.

The broad immunity from prosecution poses the question: Do suspected war crime and corrupt officials receive a pass for their actions, or do countries need to sacrifice prosecution of these people to move forward?

For further information, please see:

The San Francisco Chronicle – World: News Of The Day From Across The Globe – 14 Jan 2012

The Guardian – United States Defends Immunity Law for Yemeni President Saleh – 10 Jan 2012

CNN – Yemen Cabinet Approves Amnesty Law For Saleh – 9 Jan 2012

Press TV – Two Yemeni Protesters Killed In Taizz – 9 Jan 2012

The Associated Press – Yemen Immunity Law Sparks Debate Over Past Crimes – 9 Jan 2012


EU Takes Stance Against Hungary’s “Unconstitutional Constitution”

By Terance Walsh
Impunity Watch Reporter, Europe

BUDAPEST, Hungary — The European Union has assumed a hard line stance against Hungary’s controversial political reforms.  The EU accuses the Hungarian government of violating democratic rights with its new constitution.  Hungarian authorities dismissed the accusations and await the EU’s explanation for why it so staunchly opposes the new constitution.

Hungary's new constitution has come under fire from EU officials (Photo courtesy of AFP)

Hungary’s new constitution, which was adopted at the end of 2011, contains provisions that limit the independence of the central bank, the judiciary, and the media.  Critics say the new laws are a sign of emerging authoritarianism that block the road back to democracy.

The European Commission, the EU’s executive arm, released a statement calling for reform in the Hungarian government.  “The commission recalls that a legally stable environment, based on the rule of law, including respect for media freedom, democratic principles and fundamental rights, is also the best guarantee for citizens’ trust and confidence of partners and investors.  This is particularly vital in times of economic crisis. The swiftest way to lay to rest the concerns mentioned would of course be action by the Hungarian authorities themselves.”

For example, one provision of the new constitution gives the Prime Minister the power to appoint vice presidents of the Hungarian central bank.  Previously the president of the bank himself began the appointment process by nominating a candidate for the position.  This power is no more, thus depriving the central bank of its independence and giving greater power to the government.

Hungary also now has mandatory retirement rules that the government can use to oust judges and prosecutors.  This, critics say, eviscerates the independence of the judiciary.

The EU stands opposed to the new constitution and threatens legal action if the constitution is not reformed.  EU officials allege that there are a “number of the new provisions may violate EU law.”  If found in violation of EU law, the EU “reserves the right to take any steps that it deems appropriate, namely the possibility of launching infringement procedures.”

Hungary has dismissed the accusations.  The Prime Minister Viktor Orban objected to the European Commissions admonishment of Hungary, saying the criticism of the new constitution was not “convincing.”  He said, “Our general approach is that we are open and flexible, we are ready to negotiate all the points but what we need is not political opinion but arguments…. And when the arguments on behalf of the EU are convincing that it’s better to accept and follow that line, there is no reason not to do that.”

At a time when the Eurozone is struggling to stave off economic crisis, Hungary will likely have to bow to EU demands.  Hungary cannot afford to alienate the EU at this time.

Zoltan Arokszallasi, an economist for Erste Bank Hungary in Budapest, opines that Hungary will have to take steps to be amenable with the EU’s requests.  “It is likely the government will take adequate steps,” Mr. Arokszallasi said. “From a financial point of view there is no alternative.”

For more information please see:

The Star — EU Ready To Hit Hungary — 13 January 2012

CBS Money Watch — Hungary Awaits EU, IMF Argument Against New Laws — 12 January 2012

New York Times — European Union Gives Hungary An Ultimatum — 12 January 2012

Reuters — Hungary PM: Waiting For EU’s Arguments On Disputed Laws — 12 January 2012

Wall Street Journal — EU Hardens Line In Hungary Fight — 12 January 2012

Washington Post — Summary Box: Hungary’s Prime Minister Dismisses EU’s Opposition To Country’s New Constitution — 12 January 2012

New York Times — The Unconstitutional Constitution — 2 January 2012