Iraqi court delivers guilty verdicts in Anfal trial

On June 24, a judge of the Iraqi High Tribunal (IHT) delivered the verdict as the Anfal trial ended after ten months.  The defendants were changed with various crimes against humanity relating to the Anfal campaign against the Kurds in 1988.  During this campaign Kurds were systematically murdered, tortured, detained, and displaced.  The number of Kurds killed during this year long campaign ranges from 50,000 to 180,000.  During the past ten months, the IHT heard testimony from survivors detailing mass graves, the use of chemical weapons, and mistreatment of detainees.

The defendants included:

  • Ali Hassan al-Majid – former Ba’ath leader in northern Iraq and Saddam Hussein’s cousin
  • Saber Abdul-Aziz al-Duri – director of military intelligence
  • Sultan Hashim Ahmed – military commander of the campaign
  • Hussein Rashid al-Tikriti – deputy of operations for the Iraqi forces
  • Farhan al-Jibouri – head of military intelligence in northern Iraq
  • Taher Muhammad al-Ani – governor of Mosul

** Prosecutors removed Saddam Hussein as a defendant following his execution on December 30, 2006.

Majid, known as “Chemical Ali” for his use of chemical weapons, received five death sentences for his role in the Anfal campaign against the Kurds in 1988.  Defendants Ahmed and al-Tikriti both received three death sentences.  The IHT found al-Douri and al-Jabouri guilty of involvement in Anfal, yet these two defendants received life sentences.  The last defendant, al-Ani, was found not guilty based on a lack of evidence.

This verdict is the second verdict delivered by the IHT.  The verdict for the Dujail trial was delivered in November 2006, where Saddam Hussein received the death sentence.  Recently, Human Rights Watch (HRW) released a briefing in which it listed the legal flaws of the Dujail trial.  Serious flaws include:

  • The IHT inferring from the defendant’s position in the government that he had the requisite knowledge and criminal intent;
  • Failure to show the required lines of command and control necessary to establish command responsibility;
  • Using lower-level defendants’ status as Ba’th party members to prove intent without requiring evidence of individual criminal intent;
  • Allowing witnesses to testify anonymously and prohibiting the defense from questioning the witnesses; and,
  • Failure to address numerous instances of same-day or late disclosure of prosecution evidence to the defense that was used at trial.

Also, HRW listed two additional concerns relating specifically to the Anfal trial.  First, on September 2006, the presiding judge was removed by the Iraqi president and Cabinet after he made statements perceived to be favorable to the defendants.  Second, the charges against the defendants were vague, making it difficult for the defense to properly prepare their cases.  HRW stressed that while the international community is continually working to stop human rights abuses and holding violators accountable, it is important that the methods used meet international law standards.

For more information on the verdict of the Anfal trial, please see:
The Independent:  “Chemical Ali: The end of an overlord” 25 June 2007.

New York Times:  “Hussein cousin sentenced to die for Kurd attacks” 25 June 2007.

BBC:  “‘Chemical Ali’ sentenced to hang” 24 June 2007.

BBC:  “Timeline: Anfal Trial” 24 June 2007.

HRW:  “The Anfal Trial” 22 June 2007.

For HRW’s briefings on the flaws of the Dujail Trial, please see:
HRW:  “Dujail judgment marred by serious flaws” 22 June 2007.

HRW:  “The poisoned chalice” 22 June 2007.

HRW:  “Judgement of the Dujail Trial at the Iraqi High Tribunal: English Translation” June 2007.

For HRW documentation of the Anfal Campaign, please see:
HRW:  “Genocide in Iraq:  The Anfal Campaign Against the Kurds” July 1993.

Chinese Dissident Indicted for Incitement to Subversion

By M.E. Dodge
Impunity Watch Reporter, Asia

BEIJING, China – Chinese prosecutors have indicted high-profile dissident, Liu Xiaobo, and are likely to bring his case to court within the next month, according to his lawyers. Liu has been detained for over one year in a Chinese prison for what Liu Xiaobo’s lawyer, Shang Baojun, stated were police allegations claiming that the Liu incited the subversion of state power through articles he published on the internet and by helping to write Charter 08, an appeal for democratic reforms and greater civil liberties. 

LiuXiabo Dissident Photograph of Liu Xiabo whose image appears in front of the

  Chinese national emblem. Image curtesy of Associated Press.

If the procuratorate conclude that the public security agency has clearly established a case backed by evidence, then it can decide to initiate a prosecution in court,” said Mo Shaoping, another of Liu’s lawyers. Mo went on to say that in the course of the next month, prosecutors also have the option to order additional investigations or to throw out the case entirely. However, Phelim Kine, Asia researcher at Human Rights Watch,  said that given the amount of national attention and international publicity (Liu’s case has drawn protests from western politicians and international authors) states that “The sad fact is by the time it does get to this point, it takes on a momentum of its own and [probably] will unfortunately head to court.”

There is additional concern that the prosecution will prey on Liu’s past. Liu is a literary critic and former academic and spent 20 months in jail after joining the Tiananmen Square pro-reform protests in 1989. He was also sent to a re-education through labor camp in the 1990s. Liu’s present charges regarding his internet and other postings are percieved as a questioning the Communist party’s monopoly on power.

In response to Liu’s indictment, a group of 201 Charter 08 signatories, issued a public letter entitled, “We Are Willing to Share Responsibility with Liu Xiaobo.” The letter reiterated their support for the ideas behind the document as well as for the author and literary critic. Once the letter was posted on the internet, approximately 10,000 people showed their support, although Chinese governmental censors quickly eliminated references to it from Chinese-based sites.

Human rights officials have expressed that Liu’s case means the Chinese government is paying attention to the international response to allegations made against Liu and are hoping that the attention and awareness raised will lead to increasing open-door diplomacy. Human rights leaders are also hoping that Liu’s case will light on other authors facing similar charges such as Wole Soyinka and Salman Rushdie, who are among those who have called for Liu’s release, in addition to their diplomatic efforts.

For more information, please see:

Irish Times – Leading Chinese dissident indicted after year in jail without charges – December 11, 2009 

The Guardian – Chinese dissident Liu Xiaobo faces incitement to subversion charge – December 11, 2009

Washington Post – Lawyer says police want Chinese dissident indicted – December 9, 2009

Pakistan Accusses US Youths of Quest for Jihad

By Michael E. Sanchez
Impunity Watch Reporter, Asia 

SARGODHA, Pakistan- On Wednesday, five Muslim American youths were arrested in Sargoha city of Punjab province.  They allegedly were on their way to the Taliban sanctuary in the tribal areas of Pakistan with the intention of training to fight in Afghanistan against American troops.

Pakistani officials said these men from the Washington suburbs whose ages range from their late teens to their early 20s, had been in contact through YouTube with a Pakistani militant with links to al-Qaida before their arrival in Karachi last month.  “They are believed to have come here to join jihad,” one Pakistani security official said.

In a statement released on Wednesday by the FBI said that it was in contact with the families of the five men, as well as law enforcement authorities in Pakistan.  A second Pakistani official said, “No charge has been framed against them.  Investigations are underway as to whether they have any links with extremist groups.”

Usman Anwar, police chief of Sargodha said after arriving in Karachi, they attempted to join an extremist Islamic school near Karachi and approached another school in the eastern city of Lahore.  They were refused in both places because of their Western demeanor and their inability to speak Urdu.  After arriving in Sargodha, they were arrested at a four-room home in a government housing complex.

Pakistani news reports said the suspects were being investigated for links with Jaish-e-Mohammed, a banned Islamic militant group with links to al-Qaida and the Taliban.  It is one of several factions that have for years been fighting Indian forces in the disputed region of Kashmir.  The group is also suspected of involvement in high-profile attacks, including the murder of US Wall Street Journal reporter Daniel Pearl, and an assassination attempt of Pervez Musharraf, the former Pakistani president. One of their leaders, who allegedly hid the five men in his house in Sargodha, was also arrested.  

According to Pakistani security officials, in the past, young men of Muslim origin have travelled from the west to seek out training on the use of explosives and in suicide attack methods, notably in the South Waziristan region, near the Afghan border.  

The arrest comes on the heels of David Headly, a US national with Pakistani roots, accused of scouting targets for the 2008 Mumbai attacks, who pleaded not guilty in Chicago on Wednesday at his first hearing.

Officials said three Pakistanis had also been detained, one who is believed to have been linked to a suicide bomb attack on an air force bus outside a base in Sargodha two years ago, in which eight were killed.

For more information, please see:

Times of India-5 US Youth on Jihad Quest Held in Pak  – 11 December 2009

FT.com- Pakistan Accuses US Men of Quest for Jihad– – 11 December 2009

Aljazeera.net- US Men in Pakistan ‘Jihad Quest’– 11 December 2009

No Justice for Peruvian Protesters Killed by Police

By Sovereign Hager

Impunity Watch Reporter, South America

BAGUA, Peru-Human rights groups are calling on the Peruvian government to investigate the deaths of ten indigenous and local people killed in a violent clash at a Peruvian road blockade in June of this year. An inquiry is currently underway into the deaths of twenty-three police officers that occurred on the same day.

The violence took place after 400 police officers confronted a group of indigenous protesters staging a blockade in the town of Bagua, north of Lima. The protesters used tree trunks and boulders to block a highway to express their opposition to the lifting of restrictions on mining, oil drilling, and farming in the Amazon rain forest.

The death toll at what has been described as a peaceful protest is considered to be one of the worst in Peru in over twenty years. Amnesty International reports that in addition to the ten civilian deaths, over 200 people were injured. Amnesty International’s main concern is currently the lack of investigation into the deaths of the protesters. There have been arrests related to the deaths of police officers and indigenous leaders have reported harassment by police since the incident.

Over sixty-five indigenous groups staged a series of protests demanding to be consulted on behalf of more than 1,000 indigenous communities living in the rain forest. As a result two decrees lifting development restrictions were revoked.

Family members of protesters killed in the clash say that the government should acknowledge the protesters’ “defense of the Amazon Territory.” Amnesty International has called for reparations and justice for all of the victims, not just police officers.

James Anaya, the UN Special Rapporteur on Indigenous Rights called for a committee to investigate the incident and to monitor efforts to find individuals who have gone missing since the rallies against the decrees began. There are reports that since the since the violence, many Indigenous leaders have gone into hiding or fled Peru.

For more information, please see:

Amnesty International-Victims of Peru Amazon Violence Deserve Justice Without Discrimination-10 December 2009

Huntington News-Human Rights Groups Condemn Criminal Repression of Indigenous Community in Peru-10 December 2009

National Indigenous Times-Amnesty Calls for Peru to Remember Indigenous Victims-10 December 2009

Constant Fighting Creating a Civilian Uprising in Mogadishu

By Jared Kleinman
Impunity Watch Reporter, Africa

MOGADISHU, Somalia – The latest round of heavy fighting between government forces and rebel fighters in the Somalia’s capital, Mogadishu has left at least 7 dead and 11 others injured.

The clashes started in the capital’s Abdiaziz district where forces loyal to rebel Hizbul Islam group fired a missile to a government troop vehicle, leading to heavy gun battle that killed the seven people, mostly combatants.

The latest clash compounded with last week’s deadly bombing of a medical school’s graduation ceremony, which killed 23 people, including three ministers in the Transitional Federal Government, parents, students, professors and journalists, has created extreme civilian unrest in a country already pervaded with disorder.

A civilian uprising against Al-Shabab seems to be under way, with street demonstrations in Mogadishu on 7 December, and in camps for the internally displaced (IDPs) on 8 December. On both occasions the group’s black flag was burned.

Abdi Mahad, a civil society activist who organized an anti-Al-Shabab demonstration on 7 December, told IRIN the attack was “a wake-up call for all. Up to that point, everybody assumed they were fighting foreigners and the government, but we realized on Thursday [3 December] that they are at war with us; it was the last straw.” Mahad, who is a member of a youth movement in Mogadishu, said his group was planning more demonstrations against Al-Shabab, including one by students. “We will do whatever it takes to stand up to them,” he said.

“Anti-Islamic” Mogadishu resident Ibado Abdi Mohamed did not take part in a demonstration but, on 7 December, was among hundreds of Somalis who took to the streets in protest against Al-Shabab. “I used to be afraid but no more; I am a mother and we have watched for far too long our children being killed senselessly,” she said. Mohamed said what Al-Shabab and allied groups are doing has nothing to do with Islam and accused the groups of being anti-Islamic. “Islam teaches us compassion and kindness,” she said. “What they did [on 3 December] and are doing is cruel and inhuman.”

Al-Shabab recently captured several strategic towns near Mogadishu and is in control of most of southern Somalia up to the Kenyan border. “In my opinion they are seen as occupiers in almost all areas they control, and the attack on Thursday [3 December] will only add to their isolation,” said one observer. “I think the demonstration was a clear signal to them that people have had enough of their violence and will not tolerate it any more.” The government now needs to organize and take the group on militarily, he said. “The people seem to be ready; it is now up to the government to show leadership and take the initiative.”

Somalia’s Prime Minister, Omar Abdirashid Ali Sharmarke, has called for an international peace plan like the new US strategy for Afghanistan, saying it would be more effective and far cheaper than current efforts to combat the country’s problems of piracy and armed opposition. “What is so startling is that all the conclusions are as true about Somalia as they are about Afghanistan,” he said. Like the embattled government in Kabul, Sharmarke’s UN-backed administration controls only part of the capital, Mogadishu, and is battling to subdue anti-government fighters and pirates who prey on shipping in the Indian Ocean.

Somali powerful militants are bent on overthrowing the fragile UN-backed Somali transition government, which controls little more than a few blocks of Mogadishu. Al-Shabab and other anti-government groups regularly attack government troops and African Union peacekeepers, in efforts to force them out of the country. Al-Shabab and allied groups control much of southern and central Somalia and want to impose their version of Sharia, or Islamic law, in the country.

The prolonged conflict in the country has displaced more than 1.5 million people, while another 3.6 million need assistance.

For more information, please see:

Garowe Online – Somalia: Fighting Rocks Mogadishu, Seven Dead – 10 Dec 2009

IRIN – Attack on Graduation Ceremony the “Last Straw” – 10 Dec 2009

Aljazeera – Somalia Seeks Afghan-Style Strategy – 5 December 2009