Prominent Syrian Human Rights Lawyer Detained

By Brandon Kaufman
Impunity Watch Reporter, Middle East

DAMASCUS, Syria– On July 23, Muhanad al-Hasani, a prominent Syrian human rights lawyer was asked to attend a meeting on July 26 with high level Syrian intelligence officers.  After two days of questioning, al-Hasani was arrested and detained incommunacado on July 28.  He was formally charged with “weakening national sentiment” and “spreading false or exaggerated information.”

Al-Hasani is president of the Syrian Human Rights Organization (Swasiah), and in that capacity he regularly defends political activists and detainees of the government.  Since Swasiah’s inception in 2004, al-Hasani has received countless threats for accusations that he is running an unauthorized organization.  Furthermore, as is the case with many other human rights organizations, Swasiah was refused permission to register as such an organization within Syria.

Prior to his arrest, Syrian officials placed al-Hasani under increased scrutiny due to his work as a lawyer and human rights activist.  On July 19, after sitting in on a trial before the State Security Council (SSC), al-Hasani’s notes from the proceedings were seized and destroyed at the order of Habib Najma, the lead attorney for the SSC.  Najma contends that al-Hasani’s notes abused the confidentiality of the SSC and that such information would soon be disseminated by al-Hasani on the internet.  In response, al-Hasani contended that the court sessions are open to the public and that he only attended as a human rights observer and thus had not committed any violations of the law.

In light of his arrest, various individuals have spoken out against his detention.  Wilder Taylor, the Acting Secretary General for the International Commission of Jurists (ICJ) said that “Muhanad al-Hasani’s unlawful detention accelerates a campaign of harassment against him.” Wilder further stated that, “it also constitutes an attack on the legal profession in Syria and its independence” and that “under the State Security Court Law . . . proceedings of the Court are public and reporting on public proceedings cannot be criminalized under any circumstances.”

Sarah Leah Whitson, the Human Rights Director for the Middle East and North Africa contends that “it is Syria’s repressive practices, not al-Hasani, that’s weakening national sentiment.”  Despite these calls for the release of al-Hasani, he still remains detained under the authority of the Syrian government.

For more information, please see:

HRCP Blog- Update from Wilder Taylor on the Situation of Commissioner Muhaad al-Hasani– 17 September 2009

Front Line- Update: Detained Human Rights Lawyer, al-Hasani Accused of Misconduct by the Bar Association– 26 August 2009

Human Rights Watch- Syria: Free Prominent Rights Lawyer– 4 August 2009

Front Line- Syria: Detention of Human Rights Defender, Mr. Muhanad al-Hasani-31 July 2009

Death Toll Rises to 21 in Ugandan Riots

By Jared Kleinman
Impunity Watch Reporter, Africa

KAMPALA, Uganda – Police fired live ammunition and tear gas at protestors on September 10th, killing 21 and injuring 86 people.  The protestors were demonstrating against the police’s refusal to allow King Ronald Mutebi II, ruler of the Baganda tribe, access to the Kayunga district.  After the Bagandan ruler’s travel ban had been imposed, the Bagandan youth took to the streets, stealing ammunition from police and other confronting officers.  The protestor’s actions escalated tensions and infused riots which resulted in violence and bloodshed.  663 people were ultimately arrested.

Picture1 (Source: CNN – Ugandan police ride past a burning barricade in the Natete suburb of Kampala on Friday.)

The King Ronald Mutebi II, known locally as the kabaka, is the leader of the Bagandan people, Uganda’s largest ethnic group.  The kabaka attempted to enter the district in order to observe preparations and make a formal presentation for the festivities of National Youth Day that was scheduled to take place September 12th.  The Kayunga district, in which the kabaka was denied access, is populated with a renegade rival group, the Banyala, who reject the kabaka’s authority.  The government’s refusal to allow the kabaka access to the Kayunga district was taken as an insult to the Badandan people and as a result riots ensued.

Kings in Uganda are limited to a ceremonial role overseeing traditional and cultural affairs. Government officials and the Buganda kingdom have been at odds for years, sparring over land, sovereignty and political power.  “The government is wrong to undermine cultural institutions, which are the backbone of Uganda’s heritage,” said Mzamiru Balidha, a resident of Kampala.  “Cultural leaders must be left alone since they are not interfering in politics.”

It still remains unclear whether any of the protesters initially engaged in violence.  The police’s reaction to the protestors by firing tear gas and live ammunition is what remains under review.  “The available evidence raises serious concerns that police used excessive force in confronting demonstrators,” said Georgette Gagnon, Africa director at Human Rights Watch.  “Violence during protests may require that the police use force, but it must be proportionate,” said Gagnon.  “Here it appears that the police use of live ammunition prompted an escalation in bloodshed.”  “A thorough investigation is needed to find out who is responsible for yesterday’s violence.”

For more information, please see:

Bloomberg – Ugandan Riot’s Death Toll Rises to 21; Arrests Made, DPA Says – 14 September 2009

CBC News – Ugandan Riots Kill 21 – 14 September 2009

CNN – At Least 21 People Died in Ugandan Riots, Police Say – 14 September 2009

HRW – Uganda: Police Restraint Needed in Response to Protests – 11 September 2009

Iraqi Shoe Thrower Freed, Claims He Was Tortured

By Bobby Rajabi
Impunity Watch Reporter, Middle East

BAGHDAD, Iraq – The Iraqi television reporter who famously threw his shoes at President George W. Bush in December 2008 was released from prison on September 15. Muntazer Al-Zaidi was released after serving nine months of a three-year sentence. Al-Zaidi’s sentence was ultimately reduced to one year on appeal and he was released three months early as a result of good behavior. Al-Zaidi is now claiming that he was tortured during his time in a Baghdad prison by Iraqi authorities.

While addressing the media after his release, Al-Zaidi asserted that the torture began once he was arrested for throwing his shoes at now former President Bush. The Iraq television journalist alleged that during his time in prison he was subjected to beatings and whippings. Al-Zaidi claims that electric cables and iron bars were used to torture him. He claims that he was also subjected to electric shock torture outside a building in the Green Zone, the area used by United States forces in Baghdad. Additionally, Al-Zaidi, covered in an Iraqi national flag and surrounded by reporters, claimed that he was subject to water boarding by Iraqi authorities. Al-Zaidi now claims that he fears that his life is in danger and that U.S. intelligence forces could possibly pursue him.

The incident late last year came during a joint press conference with President Bush and Iraqi Prime Minister Nouri al-Maliki. Al-Zaidi feigned asking President Bush a question and proceeded to hurl his shoes at him. President Bush was able to duck both shoes before journalists took Al-Zaidi down. Before throwing his shoes, Al-Zaidi yelled at the President, blaming him for the number of Iraqi casualties that followed the United States-led invasion in 2003. He told the President that the shoes were a “farewell kiss.”

Al-Zaidi’s release from jail has lead to joy in some parts of the Arab world. It is expected that great opportunities await Al-Zaidi, who previously worked as a little known reporter in Baghdad. There are rumors that Al-Zaidi will receive much more lucrative offers from bigger Arab stations. Additionally, there is talk of proposals of marriage from Arab women and gifts from businessmen throughout the Middle East. Al-Zaidi has also been promised citizenship and one hundred thousand dollars by a well-known critic of President Bush, President Hugo Chavez of Venezuela.

For more information, please see:

AFP – Iraq Shoe-thrower Freed From Jail – 15 September 2009

Guardian – Iraqi Shoe-thrower Claims he Suffered Torture in Jail – 15 September 2009

Al Jazeera – Shoe-thrower Flown Out of Iraq – 16 September 2009

Chicago Tribune – Iraqi Shoe Thrower Freed: As He Is Released, Muntadhar al-Zeidi Says He Was Tortured in Jail – 16 September 2009

San Francisco Chronicle – Shoe Thrower Leaves Prison, Alleges Torture– 16 September 2009

US Extends Rights of Afghan Detainees at Bagram

By Alok Bhatt
Impunity Watch Reporter, Asia

 BAGRAM, Afghanistan – Afghan inmates held in the US’s Bagram military custody center will soon have their first opportunity to exercise expanded rights to challenge indefinite detention.  The Obama administration has prepared a new set of guidelines regarding the legal rights of over 600 Afghan inmates detained at Bagram air-base.  The administration hopes to implement the new system during this week.  The new system will also grant extended rights to an unknown number of captive nationals from numerous other Middle Eastern states.  The Obama administration aims to utilize the new system to separate extremist militants from civilians and moderate detractors, all of whom are currently imprisoned together.  An anonymous official of the US Defense Department made a statement that “We don’t want to hold anyone [we should not] have to.” 

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Photo: Prisoners at the Bagram detention center (Source: Associated Press).

 Bagram air-base, located 40 miles north of Kabul, has been the US’s makeshift prison since 2002.  Though it faces less mainstream controversy than the infamous Guantanamo Bay naval base in Cuba, human rights organizations have long been voicing distress over the plight of Bagram prisoners.  US torture techniques caused the death of two Afghan detainees hung from isolation cells in 2002.  Investigative reports have also noted sleep deprivation and abusive interrogations as other torments inflicted upon inmates.  

Many Bagram detainees have been imprisoned for up to six years, subject to conditions even more derisory than those at Guantanamo.  Unlike the detainees in Cuba, Bagram prisoners had no access to lawyers, were mostly unaware of the allegations against them, and were afforded only meager review of their designation as enemy combatants.

However, after passing Congressional review, the new detention program will assign a non-lawyer official to each detainee in Bagram.  With the aid of these officials, inmates will have an opportunity to challenge their detention before a military review board and have access to evidence to support their case.  

The local Afghan government seems receptive towards the new prison system.  Deputy mayor of Kabul, Wahaad Sadaat, regards the help of US military officials as a “helpful step” in securing inmates’ rights, and believes the US’s “legal assistance is of crucial importance.”  However, the Obama administration’s newly proposed system has not eluded domestic skepticism.  Ramzi Kassem, professor at the Central University of New York and attorney for a Bagram detainee, berates the new system as a ruse “meant to pull wool over the eyes of the judicial system.” Additionally, many human rights organizations have refrained from comment until they can judge the concrete results of the new system.

The world must wait to see the effectiveness of the Obama administration’s new detention system for the Bagram air base.  However, this proposal of new guidelines may signify a shift in the US perspective towards foreign detainees’ rights and the pursuit of more humane practices. 

For More information, please see:

Al-Jazeera – US expands Afghan prison rights – 12 September 2009

AlterNet – Very Bad News: Aghanistan’s Bagram Air Base Will Be Obama’s Guantanamo – 22 February 2009

The New York Times – Bagram Detention Center – 20 July 2009

Radio Free Europe/Radio Liberty – New U.S. Plan Reportedly To Let Afghan Prisoners Challenge Incarceration – 14 September 2009

Prosecuting Israel for War Crimes

Prosecuting Israel for War Crimes

16 September 2009

Deputy Prosecutor of Int’l Criminal Court discusses the Palestinian Authority appeal to join the court.

Lia Tarachansky speaks to Fatou Bensouda, the Deputy Prosecutor of the International Criminal Court (ICC) about the Palestinian Authority’s appeal to join the group of nations over which the court has jurisdiction. Bensouda says that before the ICC can investigate the perpetration of war crimes during Israel’s recent attack on Gaza, the court would have to rule on whether it has jurisdiction in the Palestinian Territories. For that, there would have to be clear borders identified, a task the UN would have to take on. Once the court rules on jurisdiction it would be able to prosecute anyone who committed war crimes, crimes against humanity, or genocide within the territory, even if (such as in the case of Israel) the perpetrator is not part of the International Court.

Fatou Bensouda was elected in 2004 to the post of Deputy Prosecutor by the Assembly of State Parties of the International Criminal Court. She is in charge of the Prosecution Division of the Office of the Prosecutor. Prior to joining the International Criminal Court, Bensouda served as the Senior Legal Advisor and Head of The Legal Advisory Unit at the International Criminal Tribunal for Rwanda. Before that, she was the Minister of Justice of The Gambia.