War Crimes Prosecution Watch Vol. 6 Issue 9–1 August 2011

Vol. 6, Issue 9 — August 1, 2011

INTERNATIONAL CRIMINAL COURT

Central African Republic & Uganda

Darfur, Sudan

Democratic Republic of the Congo

Kenya

Libya

EUROPE

European Court of Human Rights

Court of Bosnia & Herzegovina, War Crimes Chamber

International Criminal Tribunal for the Former Yugoslavia

Domestic Prosecutions In The Former Yugoslavia

MIDDLE EAST AND ASIA

Extraordinary Chambers in the Courts of Cambodia

Special Tribunal for Lebanon

Bangladesh International Crimes Tribunal

War Crimes Investigations in Burma

TOPICS

Terrorism

Piracy

Universal Jurisdiction

WORTH READING

War Crimes Prosecution Watch is a bi-weekly e-newsletter that compiles official documents and articles from major news sources detailing and analyzing salient issues pertaining to the investigation and prosecution of war crimes throughout the world. For more information about War Crimes Prosecution Watch, please contact warcrimeswatch@pilpg.org.

Senegalese Rapper Released After Questioned for Criticizing President

By Carolyn Abdenour
Impunity Watch Reporter, Africa

DAKAR, Senegal – On Wednesday, July 27, Senegal’s police released the popular rapper Omar Toure from custody after they questioned him for criticizing President Abdoulaye Wade at a rally on Saturday. The police arrested Toure, known as Thiat, around 5 P.M. on Monday because he objected to Wade’s bid for a third term. Toure was not officially charged before being released. The Media Foundation of West Africa (“MFWA”) reported that police released Toure on the conditionthat he would remain in the jurisdiction.

Toure speaking at the rally on Saturday. (Photo courtesy of Mail and Guardian)

Fadel Barro, coordinator of the Fed-Up Movement, reported Toure’s arrest. Toure is one of the leaders of Fed-Up, a collection of rappers founded last January. This movement has emerged as a symbol of protest against social ills, corruption, and power cuts in Wade’s regime.

Wade’s opposition suggests Toure’s arrest reflects a “growing intimidation ahead of the polls.” His opposition believes Wade has become a dictator during his eleven-year tenure, citing Wade’s high-handed measures to limit citizens’ freedom of expression against the government.

Toure has played a fundamental role in organizing the youth vote. In January, he assisted in launching the Enough is Enough movement, which encourages the youth to register to vote and cease political apathy. When the police arrested Toure, dozens of youth gathered in Darkur, Senegal’s capital, to protest his detention.

Wade’s opposition and other civil society organizations sponsored the “June 23 Movement”, a rally opposed to Wade’s pursuit of a third-term in the 2012 election despite a government ban on public demonstrations in Dakar issued the previous week.  At the rally at Obélisque Square in Dakar, Toure said “An old person of 90 years, who tells lies, does not deserve to lead the country.”

Last month when Wade introduced the constitutional amendment that would allow him to seek a third term, riots erupted throughout the country. Senegal elected Wade in 2000 and reelected him in 2007. Wade’s official age is 85, but many Senegalese citizens believe he is even older.

In February, Toure stated “It’s too bad, but the Wade regime is one of the worst we’ve ever seen…It’s one of the most criminal regimes in the world.” Toure advocates for a president that fuses the politics of Hugo Chavez with the youth of Gambian President Yaya Jammeh.

Toure’s slogan emphasizes his push to increase electoral participation; “You’re not a citizen if you don’t have a voting card.”

For further information, please see:

BBC Senegal police free anit-Wade rapper Toure aka Thiat – 27 July 2011

Senegambia News – Senegal ALERT: Musician arrested for criticising President Wade – 27 July 2011

Mail and Guardian – Senegal cops hold ‘Fed Up’ leader on mystery rap – 26 July 2011

New York Times Protest after Senegal Arrests Activist Rapper – 26 July 2011

Religion Becomes New Question as Islamists Join Tahrir Protests

By Zach Waksman
Impunity Watch Reporter, Middle East

CAIRO, Egypt The continued protests against Egypt’s ruling Supreme Council of Armed Forces (SCAF) suddenly changed their tone on Friday.  Tens of thousands of Islamists flooded Cairo’s Tahrir Square, the center of the African kingdom’s continued push for democracy that has spanned past several weeks, and recited anthems calling for a country governed by Islamic Sharia law.

Islamic activists gathered in Cairos Tahrir Square Friday, many of whom waved signs or held banners such as the one shown here. (Photo Courtesy of Reuters)
Islamic activists gathered in Cairo's Tahrir Square Friday, many of whom waved signs or held banners such as the one shown here. (Photo Courtesy of Reuters)

The impressive demonstration was the largest to take place since the revolution that ousted President Hosni Mubarak from power in February.  Originally advertised as a peaceful rally dubbed the “Friday of unity and closing ranks” that was meant to reiterate the revolution’s demands, it was instead dominated by Islamic groups, including fundamentalist Salafis and the more moderate Muslim Brotherhood, two of the demonstration’s organizers.  Some secular activists who attended claimed to have been silenced, leading twenty-eight secular organizations to withdraw from the square in protest to the event.  The famed April 6th group, one of the leading secular groups, denied that report.

After years of suppression by Mubarak, the demonstration marked a resurgence of religious organizations as a political force in Egypt.  The clearest sign of this development was the chants heard Friday, many of which played off of those said during prior demonstrations.  Instead of “Hold your head up high, you’re Egyptian,” nationality was replaced by religion, using “Muslim” as the final word in the slogan.  To participants, the rally was a signal of how efficiently Islamists could organize themselves.  “We’re showing today — to both the people and to the military leadership — that we’re the majority of the population,” Haithem Adli, a participant who held up a banner that read in part, “Together on the path to heaven,” told the New York Times.

“If democracy is the voice of the majority and we as Islamists are the majority, why do they want to impose on us the views of minorities — the liberals and the secularists?” asked Mahmoud Nadi, a student who built off of Adli’s comments. “That’s all I want to know.”

Among secular activists who witnessed the spectacle, reaction was mixed.  Some of them believed that the performance would have little overall effect.  One such activist, Mohammed Deraz, accepted the Islamists’ presence, but felt that they were only trying to capitalize on the momentum created by people like himself in starting and continuing the revolution.  “We made this revolution and we will continue,” he said.  “…[N]obody will steal my revolution. I made it by myself and I will continue to the end or I will die.  Give me liberty or give me [death], that’s what I’m doing.”  Another secular protester believed that this rally was a one-time event, and that the Islamists would leave the square and let the ongoing sit-in continue.

In the aftermath of the rally, top analysts believe that the demonstration was a show of power that could not be exceeded.  Emad Gad, a political analyst with the Ahram Center for Strategic and Political Studies, said that it “represent[ed] the full capacity of the Islamist forces[.]”  Additionally, the different groups would need to be treated differently, according to Rabab Al-Mahdi, a professor of political science at the American University in Cairo.  “There are different trends, the Salafis, former militant groups like the Gamaa Islamiya, the Muslim Brotherhood and they all have different ideas on how to conduct politics and what they mean by an Islamic state,” she said.

And because of how the event quickly became an Islamist demonstration, the overall impact for the organizers could be a negative one.  Such a result is already proving true.  The Muslim Brotherhood’s Freedom and Justice Party rejected the slogans vocalized on Friday.  Party Vice Chairman Essam al-Erian wrote on the Party’s website that it had previously rejected such demands and did so again after participants attempted to impose their views.

The Muslim Brotherhood’s role in Egypt’s transition to democracy appears to be critical.  But what that role is remains unclear, leading to continued speculation.

For more information, please see:

Agence France-Presse — Egypt rally not harbinger of Islamic state: analysts — 31 July 2011

Australian Broadcasting Corporation — The growing power of Egypt’s Islamists — 29 July 2011

Al-Masry Al-Youm — Freedom and Justice Party rejects Islamist slogans in Tahrir — 29 July 2011

New York Times — Islamists in Egypt Flood Square in Cairo in Show of Strength — 29 July 2011

Voice of America — Islamists Show Solidarity in Massive Egypt Rally — 29 July 2011

Al-Ahram Weekly — The Islamists are coming — 28 July 2011

China tightens Wi-Fi Regulations

By Greg Donaldson
Impunity Watch, Asia

BEIJING, China – New Chinese internet regulations will require bars, restaurants, and bookstores that offer internet access (Wi-Fi) throughout the country to install new web monitoring software reports the New York Times. The software, which costs approximately 3,100 (USD), allows security officials to access the identities of internet users in public places.

A soon-to-be monitored cafe patron uses the internet (Photo Courtesy of the New York Times)
A soon-to-be monitored cafe patron uses the internet (Photo Courtesy of the New York Times)

The software will also give officials the ability to know what the internet user is viewing. Business owners who fail to abide by the new regulations may be subject to a 23,000 dollar fine and the lost of their business license.

China already has some of the strictest internet regulations in the world. When the Apple “iphone” was first released in China, Wi-Fi capabilities had to be disabled in order to be legally sold in the country. Since then Apple has modified its products to meet the specifications set forth by the government reports the Wall Street Journal.

Last year, the government blocked more than one million websites from viewers. While many of the websites were pornographic, Facebook, Twitter, and YouTube were also blocked reports the New York Times.

Although the new regulations do not directly decrease the availability of the internet to Chinese citizens, many people are concerned. “From the point of view of the common people, this policy is unfair,” said Wang Bo, the owner of L’Infusion, a cafe that features crepes, waffles, and Wi-Fi. Wang Fang, 28, an advertising sales agent explained “To be honest, I can get internet at home or at work, but it’s nice to just sit in a comfortable place and surf the Web.”

Business owners who rely on Wi-Fi to attract customers are concerned about the costs associated with the new regulations. A manager of a local café called Kubrick told the New York Times that it unplugged its router earlier in the month to avoid paying for the software. However, the manager explained that the loss of Wi-Fi has led to a thirty percent decrease in business because people do not have a reason to come anymore.

Another bookstore owner told the New York Times she unplugged her router because she refuses to play a role in the government monitoring what citizens view on the internet. Ray Heng, the owner of a Mexican restaurant, told the New York Times that he feels the government should foot the bill for the new software if it is so concerned about monitoring the internet.

The Dongcheng Public Security Bureau has not commented on the new regulations, but according to its publicly issued circular, the measure is designed to frustrate criminals who use the Internet to “conduct blackmail, traffic goods, gamble, propagate damaging information and spread computer viruses” reports the New York Times.

China has vigorously defended its position on internet regulations in the past. In fact, China has responded to U.S. criticisms over internet monitoring by stating the U.S. acts in the exact same manner under the Patriot Act.

For more information, please see:

Sydney Morning Herald — Officials in China to monitor public Wi-Fi use – 28 July 2011

New York Times — China Steps Up Web Monitoring, Driving Many Wi-Fi Users Away – 25 July 2011

Wall Street Journal — Apple Eyes Bigger Slice of Chinese Market – 19 July 2011

BBC — China tightens internet censorship control — 4 May 2011

China Daily — Google’s excuse about censorship unacceptable, netizens say – 22 March 2010