War Crimes Prosecution Watch, Vol. 6, Issue 5

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.

Bahraini Protests Return as Martial Law Lifts

June 7, 2011

By Tyler Yates
Impunity Watch Reporter, Middle East

MANAMA, Bahrain – Bahrain’s ‘Arab Spring’ appears to be ready to become an Arab Summer as protests have resumed in the small Middle Eastern gulf country. The renewed fervor comes just a week after Bahrain lifted martial law, which it began imposing in March after initial protests in February.

Bahraini protesters march for more rights (photo courtesy of the L.A. Times) — Bahraini protesters march for more rights (Photo Courtesy of the L.A. Times).

The passage of martial law came just days after Saudi and United Arab Emirates forces moved into Bahrain to quash the pro-democracy movement, resulting in at least 30 deaths. In the months following the law’s passage hundreds of members of the opposition, as well as many doctors and nurses, who treated injured protesters, have been arrested.

In recent weeks, the government has been targeting women for arrest. For Gulf Arab culture, there are few things more humiliating to a family than having a female family member detained. Analysts in the region say this is the first time a government has targeted the opposition by arresting women.

Nabeel Rajab, the vice president of the Bahrain Center for Human Rights, sees the lifting of martial law as an insincere gesture. “The lifting [of the] state of emergency…was more to attract the Formula One…which was going to act as an indicator if Bahrain has come to normal or not,” he said.

The 2011 Bahrain Grand Prix, one of the Formula One Championship races, was scheduled to be held on 13 March, but was canceled due to the protests. The race has been rescheduled for 30 October.

Bahrain’s hopes for normalcy appear to be premature, as hours after martial law was lifted, protesters again took to the streets. Bahraini troops have responded aggressively. There are reports of the usage of tear gas, rubber bullets, and sound guns against the protesters.

Bahrain has a majority Shi’ite population, but is ruled by a Sunni family headed by King Hamad bin Isa al-Khalifa. The protests come from the disenfranchised Shi’ite population who want democratic reforms leading to more rights.

The protest organizers are calling for the protests to continue until their demands are met. One Facebook post urges people to gather in main streets and squares to show the imminence and importance of the movement.

Tensions between the Sunni and Shi’ite have been especially heated lately, and repercussions of the Bahrain protests have reverberated in Iran and Saudi Arabia. With Iran supporting the Shi’ite majority and the Saudi’s supporting the Sunni leadership, the situation in Bahrain is on its way to becoming a proxy war between the two Middle Eastern powers.

For more information, please see:

Jerusalem Post — Gulf becomes fault line for Sunni-Shi’ite Tensions — 7 June 2011

NPR — Women The Latest Target of Bahrain’s Crackdown — 7 June 2011

Al Jazeera — Bahrain police target ‘Shia processions’ — 6 June 2011

BBC News — Bahrain protests: Trial opens for 47 doctors and nurses — 6 June 2011

Al Jazeera — Security forces attack Bahraini protesters — 2 June 2011

Washington Post — Bahrain lifts emergency law — 1 June 2011

Indian Government Ends Hunger Strike With Tear Gas

June 7, 2011

By Greg Donaldson
Impunity Watch Reporter, Asia

NEW DELHI, India – Indian police halted a hunger strike late Saturday evening in the capital city. The protest, led by yoga guru Swami Ramdev, only lasted fourteen hours as police moved in to break up the protest just after midnight. Police officers forcibly removed Ramdev and thousands of his supporters by firing tear gas shells. It is estimated that anywhere between thirty and seventy people were injured during the raid.

Supporters of the hunger strike were removed early Sunday morning — Hunger strike supporters were removed early Sunday morning (Photo Courtesy of the Associated Press)

The following day Ramdev appeared on national television stating that “the government wants to kill me.” Ramdev pledged to continue his hunger strikes elsewhere and to not be intimidated by the government. Ramdev has been classified as the “rock star of yoga.” Ramdev’s daily two-hour television show has been the most watched show in India since 2003 reports the Washington Post.

Responding to critics of the government crackdown, Prime Minister Manmohan Signh addressed the issue Monday explaining that the crackdown was “unfortunate but unavoidable.” The Delhi police said they decided to end the event since Ramdev only had a permit to conduct a yoga meditation session with 5,000 people, the crowd had risen to 50,000, and Ramdev was encouraging more people to come.

Sunday evening the Prime Minister continued his defense of the crackdown citing past “non-violent” protests that had later turned violent. Rajan Bhagat, a police spokesman, explained that the confrontation did not begin until after the police ordered the protestors to go home, and then some protestors begin throwing bricks at officers which in turn led to the release of tear gas.

Kapil Sibal, a senior government official, released a letter that he said was written by Ramdev’s aide which promised to end the fast within twenty-four hours. Ramdev said he was forced to write the letter. Surendra Pai, a chemistry professor participating in the strike, said the government “is full of corrupt liars and they are trying to make Ramdev look bad.”The Supreme Court has asked the government for an explanation about their use of “brutal force” to disperse the Ramdev protest.

Ramdev and his supporters are calling for the Indian government to crackdown on those obtaining money illegally and then depositing it into secret back accounts outside of the country. This issue has haunted the government for the past year as several Indian citizens and government officials have been discovered as holding illegal earnings in foreign bank accounts.

Ramdev continues his protest two-hundred kilometers from the capital city in Haridwar.

For more information, please see:

The Hindu — After midnight swoop, battle line hardens — 6 June, 2011

The Times of India — PM defends crackdown on Ramdev, says there was no alternative — 6 June, 2011

New York Times — After Raid, Indian Guru’s Protest Stirs a Firestorm — 5 June, 2011

Washington Post — Fast led by yoga guru prompts India to weigh move against corruption — 4 June, 2011

Refugee advocates concerned over Australian plan for asylum seekers

June 6, 2011

By Brianne Yantz
Impunity Watch Reporter, Oceania

CANBERRA, Australia – Human rights advocates are criticizing the Australian government for its proposed refugee “swap” with Malaysia. The plan, announced May 7, provides for 800 of Australia’s asylum seekers to be transferred to Malaysia for processing, and in return for Australia to accept 4,000 individuals from Malaysia whom the United Nations has certified as refugees.

Child Refugees in Malaysian Detention Center (Photo Courtesy of the Herald Sun) — Child Refugees in Malaysian Detention Center. (Photo Courtesy of the Herald Sun)

Supporters of the agreement argue that the purpose of the plan is to deter unlawful immigration, as thousands of people illegally enter Australia each year. According to the New York Times, Australia’s Prime Minister, Julia Gillard, stated the agreement “will be a big blow to those who are involved in the evil trade of people smuggling.”

The two nations have extremely different standards for treatment of asylum seekers and refugees. Critics of the plan have voiced concerns regarding the welfare of refugees who may be shipped to Malaysia under the agreement. As a signatory of the 1951 United Nations Refugee Convention, Australia has laws and procedures to protect and ensure civilized treatment of asylum seekers. Conversely, Malaysia is not a signatory of the Refugee Convention, nor does it have any refugee laws or screening procedures. Malaysia has also been known to detain asylum seekers under degrading and inhumane conditions.

Bill Frelick, Refugee Program Director at Human Rights Watch, voiced concern that “the Australia-Malaysia deal may encourage governments to shirk their obligations under the Refugee Convention by transferring asylum seekers to countries that have not ratified the convention.” Appealing to Australia’s legal and ethical obligations, Frelick further stated, “Australia should not unload asylum seekers on a country known to be hostile to refugees.”

Opposition to the plan has grown stronger since it was announced that an undetermined number of unaccompanied children would be among the 800 sent to Malaysia. Critics contend that sending children to a country that is known to aggressively mistreat refugees goes against the United Nations Convention on the Rights of the Child, under which Australia is obliged to act in a child asylum seekers’ best interests.

Concerns run deep for the future safety of these children, particularly the young girls. In Malaysia there is extensive documentation that unaccompanied females become victims of sexual violence and harassment. Critics believe the proposed plan will likely subject women seeking asylum in Malaysia to such dangers.

Although the grievances aired have not yet halted negotiations, the United Nations has been highly critical of the proposed agreement and the Australian Senate recently passed a motion calling on the government to abandon the plan.

For more information, please see:

The Australian – Refugees live in a world of fear – June 4, 2011

AP – Australia criticized over child asylum seeker plan – June 2, 2011

BBC News – Australia will send children to Malaysia in asylum deal – June 2, 2011

New York Times – Asian Refugees’ Advocates Worry About Migrant Deal – June 2, 2011

Human Rights Watch – Australia: End Threat of Tawdry Refugee Trade – May 26, 2011

Protest Violence continues in Uganda

June 5, 2011

By Reta Raymond
Impunity Watch Reporter, Africa

Unarmed protesters on April 14 dodge bullets fired in Kasangati, just outside of Kampala. Photo courtesy of msnbc.com — Walk to Work Protesters near Kampala in April (Photo Courtesy of MSNBC)

NEBBI, Uganda- Protests were staged on Wednesday, June 1 during the swearing in of newly elected district chairperson Robert Okumu of the National Resistance Movement (NRM) in Nebbi, northwest of Kampala. Protesters in support of candidate Estom William Alenyo lit tires to block the Nebbi-Kampala road to interfere with the procession. Police dispelled crowds using tear gas and live ammunition, and the protesters fought back using stones. Protesters complain that Okumu’s swearing in is premature because of an unresolved election petition of the recount results in the High Court. A protester told New Vision that “we cannot allow this, Okumu wants to use illegal means to lead us when he is not our choice.” Eighteen protesters were arrested and have been remanded to prison after having been denied bail. Two were injured during the protest.

Estom William Alenyo (Ind) was declared the winner of the election earlier this year, but after Okumu sued Alenyo and the Electoral Commission, a recount was ordered and Okumu was declared the winner on May 30.

This protest is the most recent in a string of police brutality incidents related to civil unrest in Uganda since April. In the capital city of Kampala, the activist group, Activists for Change (A4C), organized the “Walk to Work” campaign. Protesters walked from their homes to their offices to call attention to the high fuel and commodity prices. Security forces used tear gas, live ammunition and rubber bullets to disperse crowds of protesters.

One of the prominent faces of A4C’s campaign, Forum for Democratic Change (FDC) president Dr. Kizza Besigye, was arrested numerous times, was shot in the hand, and tear gassed at point blank,which blinded him temporarily. Besigye was confined to his home for most of May, except to leave the country to receive medical treatment for his injuries. He told reporters “I have no idea what the conditions of my house arrest are… they didn’t say for how long.” The force’s use of live ammunition and other measures were used against bystanders and protesters alike, injuring three hundred and killing at least nine, including two children.

Human Rights Watch (HRW) called for a probe into human rights violations which took place during the Walk to Work campaign, citing nine indiscriminate killings and other gross violations. Additionally, on Wednesday the East African Law Society (EALS) filed a lawsuit against Uganda in the East African Court (EAC) of Justice in Tanzania for the human rights violations. Vice President of the EALS, Mr. Aggrey Mwamu, told reporters that “as the atrocities were committed in Uganda, neither the EAC secretary general nor any of the five members of the Community raised concern. They all kept quiet… this is against the EAC Treaty.”

For more information, please see;

Daily Monitor – Live Bullets, Teargas as police battle Nebbi protesters – 2 June, 2011

The New Vision – Nebbi LC5 sworn in amidst demo – 2 June 2011

All Africa – Uganda: Nebbi Court Remands 18 Youth Over Protest – 3 June 2011

BBC – Uganda’s Kizza Besigye ‘put under house arrest’ – 19 May 2011

Human Rights Watch – Uganda: Launch Independent Inquiry into Killings – 8 May 2011