Ahed Tumimi awaits trial following arrest for slapping Israeli Officers

Matthew Sneed
Impunity Watch Reporter, The Middle East

ISRAEL– Ahed Tamimi, 16, is waiting to hear whether the Israeli Military Court will release her on bail, or if she will be required to remain in jail until her trail begins. Tamimi made headlines after she was arrested for slapping two Israeli solders who entered her yard.

Bassem Tamimi discusses his daughter’s actions as part of the “popular resistance” which takes place on nearly a weekly basis to protest Israeli occupation. Photo courtesy of Majdi Mohammad.

On December 15, a protest began in the West Bank Village of Nabi Saleh in response to President Trump’s declaration that the United States would recognize Jerusalem as the capital of Israel. This decision triggered multiple Palestinian protests. During the protest, Ahed’s fifteen-year-old cousin was severely injured by rubber bullets fired into the crowds by the military. When Tamimi saw two Israeli soldiers outside of her home, she confronted them and slapped the solders in the face. She was arrested on December 19 in the middle of the night.

The military is planning to “throw the book” at the teenage girl, “whose indictment includes a dozen counts of assault, incitement, interference with soldiers, and stone-throwing in incidents since April 1, 2016.” She now faces up to fourteen years in prison.

It is unlikely that Ahed will be released considering the military courts in the West Bank deny bail to children approximately 70% of the time. A 2013 UNICEF report found that most children plead guilty in order to be released. Children in military court proceedings are often not allowed the presence of their lawyers or parents during interrogations. It is possible that this trial could take months, as the prosecutor has listed eighteen witnesses he plans to summon.

Her story, told in both pro-Israeli and pro-Palestinian papers, demonstrates the divide between the two groups. A Jerusalem Post op-ed stated that Ahed was being used for the “two components of the Palestinian war to annihilate Israel: terrorism and propaganda.” In contrast to this, an op-ed published on Monday by the Qatari-based Al-Jazeera described the Palestinian belief that “Ahed Tamimi is the Palestinian Rosa Parks.”

Ahed is not the only member of her family to protest against Israeli control. Her father, Bassem Tamimi, was an activist in the first Palestinian protests in the 1990s. These protests helped create the interim Israeli-Palestinian deals of the decade. Her family regular participates in what Palestinians call “popular resistance.” Palestinians gather on almost a weekly basis to protest Israeli occupation along the West Bank. Bassem said that he is proud of his daughter and her actions have resonated with the people because she is not “seen as the victim.” He further stated that “When you look at her, you feel proud, not sad.”

For more information please see:

Newsweek – ISRAEL MUST RELEASE 16-YEAR-OLD GIRL WHO FACES 10 YEARS IN PRISON, AMNESTY SAYS – 15, Jan. 2018

Human Rights Watch – Israeli Prosecutors Throw Book at Palestinian Child Protestor – 14, Jan. 2018

Independent – Ahed Tamimi: 16-year-old Palestinian girl who kicked and slapped Israeli soldiers could face 14 years in prison – 9, Jan. 2018

AP News – Case against Palestinian teen spotlights her activist family – 9, Jan. 2018

Advocate General Supports Residency Rights for Same-Sex Spouses in EU

By Jenilyn Brhel
Impunity Watch Reporter, Europe

BRUSSELS, Belgium – In a major step forward for the European Union, an advocate general of the European court of justice said that residency rights should be accorded to all same-sex couples regardless of whether the member country legally recognizes same-sex marriages.

Clay Hamilton, left, and Adrian Coman fought for Hamilton’s residency in Romania. Photo Courtesy of Vadim Ghirda.

In an opinion published on January 11th, Melchior Wathelet, a European court of justice advocate general in Luxembourg, issued an opinion stating that gay spouses had residency rights even in member countries where gay marriage is not authorized.

“Although member states are free to authorize marriage between persons of the same sex or not, they may not impede the freedom of residence of an EU citizen by refusing to grant his or her spouse of the same sex, a national of a non-EU country, a right of permanent residence in their territory,” Wathelet said.

The European court of justice is the highest court in Europe. The court of justice still needs to rule on the case. Opinions given by advocate generals are non-binding, but they are usually followed by the court in full.

The opinion arose out of a case in Romania surrounding Arian Coman, a Romanian national, and his husband, Claibourn Robert Hamilton. The couple married in Brussels in 2010. A few years later they wanted to move to Romania from their residence in New York, but Hamilton was denied the right to residence there because he could not be classified as the spouse of Coman in the country. Romania does not recognize same-sex marriages.

In his opinion, Wathelet stated that the European Union was neutral on the gender of a spouse. Current law permits non-European Union spouses to move to the member nation of his or her spouse.

Coman and Hamilton are thrilled with the verdict. “Romanian citizens can’t be divided into good and gay. We can’t be treated as inferior citizens, lacking equal rights, based on prejudices that some have about homosexuality,” Coman said in a written statement.

Currently, 22 of the 28 member nations of the European Union either legally recognize same-sex marriages or have some protections in place.

“In view of the general evolution of the societies of the member states of the EU in the last decade in the area of authorization of same-sex marriage” recognition of marriage as “a union between two persons of the opposite sex” is no longer an appropriate categorization.

Legislation which would legally recognize same-sex marriages remains to be enacted in Bulgaria, Latvia, Lithuania, Poland, Romania and Slovakia.

For more information, please see:

BBC News – EU top Court Told Same-Sex Spouses Have Residence Rights – 11 January 2018

The Guardian – Gay Spouses Have Rights in all EU Countries, Says European Court Official – 11 January 2018

The New York Times – Same-Sex Spouses Should Have E.U. Residency Rights, Court is Told – 11 January 2018

Reuters – EU Court Adviser Backs EU-Wide Recognition of Same-Sex Spouses – 11 January 2018

U.S. News and World Report – Gay Couples Merit EU Residency Rights, Court Adviser Says – 11 January 2018

Hunger drives Venezuelans to desperation

By: Emily Green
Impunity Watch Reporter, South America

CARACAS, Venezuela – As the economic crisis in Venezuela deepens, the hunger crisis grows. Impoverished citizens begin riots and fight through mobs to feed their starving families.

Venezuelans scavenge the polluted river for pieces of valuable metal. Image Courtesy of Ariana Cubillos.

To put the crisis in perspective, the opposition-controlled legislature reported that inflation rates topped 2,600 percent in 2017. Now, 81.8 percent of Venezuelan households are in poverty. Venezuelans suffer personal insecurity, food scarcity, medicine shortages, and money insufficiency which has driven 1.2 million people to leave the country. Pope Francis labelled this a humanitarian crisis.

Many struggling citizens have started to accept groceries in exchange for their services. To avoid spiraling prices, people are choosing to receive food for their work. One plumber explained, “I have to adjust to the situation. I ask my customers ‘What do you have in your pantry?’ when we are discussing my fees.

Additionally, looting has become a common practice throughout the country. The Venezuelan Conflict Observatory reported that 400 small protests and 100 instances of looting have taken place across 19 states. In a supermarket in Maracaibo, residents waited in line for hours to buy corn. When they were told that only members of pro-government community councils could make purchases, the line turned into a mob. Angry residents forced their way into the store to grab food before police arrived. Similar situations of mass looting occur all over the country. Trucks, food collection centers, and state-run supermarkets have all been victims.

The Bolivarian National Guard tries to keep order with gunshots and tear gas, but is having a difficult time. The situation is only getting worse as the minimum monthly salary is at US $5, barely enough for a kilogram of meat and a carton of 30 eggs. The government has subsidized a food program to send food to the poorest areas of the country and millions of families depend on them.

On January 11, hunger-driven Venezuelans turned their attention to farms. Groups of desperate citizens broke into a farm in Merida and dismembered about 40 cows for their meat. Videos on social media show men running around a pasture in pursuit of a cow and beating it to death. Ranchers have resorted to paying armed groups to secure their properties.

The coordinator of the Venezuelan Conflict Observatory states, “The desperation, impunity and serious humanitarian crisis that we are experiencing in Venezuela continues to deepen and is leading people to commit this type of crime.”

Correspondingly, poor Venezuelans have turned to the Guaire River in Caracas. Young men and boys search the polluted water for small pieces of metal which may earn them food for their families. The water acts as a sewer for the city’s waste and is known to be filthy. Desperate citizens are ignoring the health risks associated with the water. One native remarked, “As long as I can remember, the Guaire was this open sewage. It certainly seems to reflect the depth and extent of the desperation that this particular crisis has spawned.”

For more information, please see:

PanAm Post – Recent Wave of Looting Shows Extent of Hunger in Venezuela – 15 January 2018

Oil Price – Is Venezuela’s Oil Industry Bouncing Back? – 15 January 2018

Voice of America – Venezuelans Seek Treasure in Polluted River – 14 January 2018

Miami Herald – Hungry Venezuelans rely on work-for-food barter as economy spirals – 12 January 2018

Reuters – Food riots grip western Venezuela, mob reportedly slaughters cattle in field – 11 January 2018

Iceland Becomes First Country to Enact Mandatory Equal Pay Law

By Jenilyn Brhel
Impunity Watch Reporter, Europe

REYKJAVIK, Iceland – Iceland has enacted a new law that requires all companies and government agencies to pay men and women equally.

Iceland’s Parliament in Reykjavik. Photo Courtesy of Frank Augstein.

The legislation was announced by Iceland’s parliament, which is approximately 50 percent female, on International Women’s Day.

The new law, known as the Equal Pay Standard, requires that all companies with more than 25 employees obtain an official certification showing they provide equal pay for work of equal value. The law is not voluntary, as opposed to many existing equal pay laws currently in existence throughout the world.

In order to remain compliant, companies must analyze their salary structures every three years. The analysis must then be provided to the government for recertification. Companies not in compliance will face penalties including fines.

Iceland has been at the forefront of the push for wage equality. However, despite strides that have been made in recent years, gender pay gap problems have not been eliminated.

Demonstrations occurred in October 2016 to protest the wage gap. In one instance, thousands of women coordinated a walk-out from their jobs at a coordinated time of 2:38 pm. Women’s rights groups calculated this to be the time when women stopped being paid for equal work and began working for free.

Ms. Valdimarsdottir, one of the organizers of the walk-out, said “We have come a long way and we are in the forefront of gender equality in the world. But we are so far from having equality in Iceland.”

Iceland has maintained the best overall score on the World Economic Forum’s Global Gender Gap Report for the past nine years. This report measures wage differences between men and women in areas such as health, economics, politics and education in 144 countries. Iceland ranks 5th in the report for wage equality.

The law is largely supported by the general population in Iceland, with just 21 percent in opposition.

While critics say that the cost of audits will be expensive, many proponents believe that the law will be of greater benefit to society as a whole.  “This is a cost that… we decided that… would be of benefit to society and that was of more benefit than… saving companies money” said Brynhildur Heidar- OG Omarsdottir, managing director of the Icelandic Women’s Rights Association.

Iceland has vowed to eradicate the gender pay gap entirely by 2022.

For more information, please see:

CBS News – Women of Iceland are now Required to Earn Equal pay to men – 3 January 2018

The New York Times – Iceland Makes Companies Prove That They are not Paying Women Less – 3 January 2018

NPR – New Law in Iceland Aims at Reducing Country’s Gender pay gap – 5 January 2018

Murder of Human Rights Lawyer Sparks Protests in Kiev

By Jenilyn Brhel
Impunity Watch Reporter, Europe

KIEV, Ukraine – A well-known human rights lawyer and activist was murdered just days after helping to block an influential Ukrainian judge’s nephew from being released from jail.

A Photo of Iryna Nozdrovska Adorns her Coffin. Photo Courtesy of Efrem Lukatsky.

Iryna Nozdrovska’s body was discovered in a river by a passerby in Ukraine’s capital city of Kiev on January 1st. She had been stabbed multiple times.

Nozdrovska rose to fame in Ukraine for her role in preventing the release of the driver who ran down her sister while under the influence of drugs and alcohol in 2015.

Dmytro Rossoshansky was sentenced to seven years in jail this past May for the death of Svitlana Sapatanyska, Nozdrovska’s sister. Rossoshansky ran down Svitlana while she walked to work. He was found to be under the influence of drugs and alcohol.

Rossoshansky had served just eight months of his sentence before applying for amnesty. Nozdrovska spearheaded a public campaign to bring awareness to the case and help prevent Rossoshansky from being released. His application was denied in December.

Nozdroska received several death threats before and after the original trial as well as during the hearing on appeal this past December. Rossoshansky’s father told Nozdrovska at the appeal “this will end badly for you.” Nozdrovska was steadfast in her efforts despite these threats, and said of the case, “I will win…if it costs me my life.”

A rally outside the police headquarters drew hundreds of supporters on January 2 in Kiev in response to Nozdrovska’s murder. The protesters called for an investigation into her death.

Nozdrovska’s murder comes at a time when calls for reform in the criminal system have risen. A staggeringly low 0.5 percent of Ukrainians said that they trusted Ukrainian judges in a survey conducted in 2016.

Mykhailo Zhernakov, a former judge and the current director of a judicial reform group, Dejure, said, “It’s almost a cliché case, where a relative of a judge avoids punishment and the person who tries to fight this injustice is herself punished in the most horrible way.”

Corruption is deeply rooted in Ukraine’s court-system. Nozdrovska’s struggle for justice and ultimate victory for her sister became a symbol in Ukraine for the fight against corruption.

The governments’ response to the murder is “a test of our society’s ability to protect female activists and to ensure justice as a whole,” the Ukrainian foreign minister, Pavlo Klimkin said.

Despite her mother’s murder, her daughter, Anastasia Nozdrovska, is studying law at university in Kiev. “She always fought injustice in this country. She wanted me to be a fighter, too,” Nozdrovksa said.

For more information, please see:

BBC News – Ukraine Murder Probe Over Lawyer Nozrovska’s Death – 2 January 2018

The Guardian – Killing of Lawyer Sparks Protests Against ‘Criminal System’ – 4 January 2018

The New York Times – In Ukraine, a Successful Fight for Justice, Then a Murder – 9 January 2018

NY Daily News – Funeral Held for Lawyer Found Stabbed in River – 9 January 2018

Irish Times – Ukraine Claims it has Caught Killer of Campaigning Lawyer – 9 January 2018