Saudi Court Refuses to Grant 8-Year-Old Girl a Divorce

By Lauren Mellinger
Impunity Watch Reporter, Middle East

RIYADH, Saudi Arabia – On December 20, a Saudi Arabian court rejected a plea to grant a divorce to an eight-year-old girl from an arranged marriage with a man 50 years her senior.

The girl’s father had agreed to marry her off in exchange for a dowry of 30,000 riyals (US $7,500), paid to the girl’s father in advance of the marriage.  At the time the agreement was reached the girl’s father was experiencing financial difficulty.  The money he obtained from the marriage contract would be sufficient to erase all of his debt.

According to relatives of the girl, the marriage has not been consummated and the girl continues to live with her mother, at least until the case is heard on appeal.  The terms of the marriage contract arranged between the girl’s father and the groom stipulate that the marriage is not to be consummated for another 10 years, until the girl reaches the age of 18.  As of now, the girl has not been informed that she is married.

The girl’s husband considers the marriage to have been entered into legally and refuses to divorce her.  The girl’s father was present in court but continues to support the marriage contract he entered into on behalf of his daughter.

The case was brought before the court in Unayzah by the girl’s mother in August, shortly after the marriage contract had been signed by the girls father and the groom.  At the time the case was filed the girl had not yet reached the age of puberty and under Saudi law could not file a claim on her behalf. According to the presiding judge Sheikh Habib al-Habib, the girl could file the case herself when she reaches puberty.  Currently a lawyer for the girl’s mother is appealing the verdict to the Court of Cassation – the Supreme Court of Saudi Arabia.  However, the Court of Cassation applies Sharia law, and arranged marriages, including those involving pre-adolescents are common in Saudi Arabia, where the majority of the population observes the strict Wahabi interpretation of Sunni Islam.

The girls’ lawyer, Abdullah al-Jutaili, is urging the government to use this opportunity to improve regulations for marriage procedures throughout the country.  In this case, the 58-year-old groom was able to obtain a premarital health certification for the girl, despite the fact that she is only eight-years-old.  According to Al-Jutaili, the notaries who issue marriage contracts are a large part of the problem, as they often issue the certificates without first seeking the consent of the bride, and taking into account the reports of the health workers regarding the premarital tests.

For more information, please see: 

Arab News – Court Rejects Onaizah Girl’s Divorce Plea – 22 December 2008 

Gulf Daily News – Divorce Plea is Rejected – 22 December 2008

Sky News – No Divorce for Eight Year Old – 22 December 2008

AFP – Saudi Court Rejects Divorcing Eight-Year-Old Girl – 20 December 2008

Sydney Morning Herald – Delay on Divorce Running for Girl, 8 – 20 December 2008

Exiled Lawyer Speaks Out About Myanmar Judicial System

By Ariel Lin
Impunity Watch Reporter, Asia

YANGONG, Myanmar – A defense lawyer, Saw Kyaw Kyaw Min, who fled to Thailand, has spoken out about delays and restrictions in the Myanmar judicial system.  Saw Kyaw Kyaw Min and fellow lawyer Nyi Nyi Htwe were representing 11 youths who had staged a protest march in Rangoon. Saw Kyaw Kyaw Min and Nyi Nyi Htwe were charged with intentional insult to a public servant sitting in judicial proceedings after three of his clients turned their backs to the court during their trial as a protest against the legal process.  The Hlaing Thaya township court in Rangoon sentenced them to six months in prison.

Saw Kyaw Kyaw Min told reporters in Thailand that his clients were arrested by police, and were mentally and physically tortured to obtain evidence that they had committed the crime.
“Evidence obtained in such a manner by the police was then used in court. In that case, I examined five witnesses before I fled the country,” he said.

He also described to Human Rights Watch the secretive workings of the Myanmar’s legal system.  He said political activists awaiting sentencing in prison can meet with their defense lawyers only at police custody centers with police and intelligence officers present. Trials are often shrouded in secrecy, with lawyers not informed when their clients are to appear in court. Lawyers representing political prisoners face arbitrary delays when requesting assistance from authorities or documents such as case files, he added.

At a year-end news conference, United Nations Secretary-General Ban Ki-moon has criticized the Myanmar Junta for not following through on its promises of advancement towards democracy.  Mr. Ban said Junta has failed to engage in democratic dialogue and release its political prisoners.  The United Nations has repeatedly called on Myanmar Junta to release democracy leader Aung San Suu Kyi, who is under house arrested for 13 of the past 19 years, as well as all other political prisoners.
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For more information, please see:

Democratic Voice of Burma – Exiled lawyer slams Burmese legal system – 16 December 2008

Human Rights Watch – Burma: Lawyer’s Testimony Highlights Distorted Justice– 16 December 2008

Irrawaddy – Burmese Defense Lawyer Flees to Thailand, Blasts Regime – 15 December 2008

Radio Free Asia – Burmese Lawyer Flees, Speaks Out – 18 December 2008

Voice of America – UN Chief Criticizes Burma for Lack of Democratic Progress – 18 December 2008

BRIEF: Fiji Law Society Says Chief Justice Appointment Illegal

SUVA, Fiji – The appointment of the new chief justice, Anthony Gates, has sparked controversy in Fiji.  Gates replaced Daniel Fatiaki who resigned at the beginning of December, almost two years after the military-led interim government suspended him.  Under Fiji’s constitution, an elected prime minister chooses the chief justice in consultation with the opposition.  This recommendation then goes to the president.

Dorsami Naidu, the Fiji Law Society’s president, says that since that process has not been followed in the appointment of Anthony Gates as Chief Justice, it is unlawful.  Mr. Naidu stated, “Why do they shout from their rooftops that the constitution is in place when they have cannibalized the constitution as it were and any appointment made by this regime is unlawful.  They can make these appointments because they are in effective control of the country, but let’s not hide behind the facade.”

Mr. Naidu says anyone appointed to the office of Chief Justice must be above question, and that Anthony Gates does not fit that description.

For more information, please see:

Radio New Zealand International – Fiji’s interim regime’s accused of illegally appointing new Chief Justice – 22 December 2008

Vietnam Blogger’s Jail Term Sustained

By Pei Hu
Impunity Watch Reporter, Asia

HANOI, Vietnam – Today, nearly one in four Vietnamese use the internet and the number is steadily increasing. Vietnam authorities are worried over the growing number of bloggers and their increased use of the internet to express their views against the government. Currently, all Vietnam media agencies including televised news, radio and newspapers are state run. “They (state media) decide what we will hear, what we will read and what we will see,” said a blogger who identifies himself as Mr. Cold. “They are slaves of the Communists.”

In response, a senior Vietnamese internet security expert said that the Vietnamese authorities plan to police the content of dissident blogs through random checks and self-policing by the country’s blogging community. Authorities currently block some oversea websites that are critical of the government and authorities usually block anything they deem as encouraging public protest or any views that will anger China.

The government crackdown on bloggers has caused widespread criticism. “These new censorship regulations are not in accordance with freedom of speech, a right recognized by the Vietnamese constitution and international conventions signed by Vietnam,” said Le Minh Phieu, a Vietnamese legal scholar living in France.

On December 5, the Ho Chi Minh City People’s Court confirmed the September verdict and sentencing of Nguyen Hoang Hai, who uses the weblog name Dieu Cay and is a member of the online Free Vietnamese Journalists Club.

Dieu Cay has taken part in anti-Beijing demonstrations about a sensitive sea territory dispute with China and was arrested in April, days before the Olympic torch passed through former Saigon.
After a quick proceeding, the court upheld the sentence of two-and-a-half years imprisonment for Dieu Cay on the charge of tax fraud. “The police refused to let Dieu Cay pay his taxes in order to fabricate evidence of his guilt,” Dieu Cay’s lawyer told Reporters Without Borders. “This conviction was premeditated by the authorities.”

Many see Dieu Cay’s sentence as politically motivated. “The court took no account of new evidence submitted by Dieu Cay’s defence,” Reporters Without Borders said. “These rushed proceedings clearly show that the authorities are persecuting this blogger. The appeal court’s verdict was an unjust decision resulting from a trumped-up charge.”

Shawn Crispin, a Southeast Asia representative for the New York-based Committee to Protect Journalists, said “Nguyen Van Hai’s harsh treatment was meant to send a message to all of the country’s bloggers.”

For more information, please see:

AFP –  Vietnam Court Upholds Blogger’s Jail Term – 4 December 2008 

RFA – Vietnam to Police Blogs – 12 December 2008

RSF – Leading Blogger’s Conviction Upheld on Appeal – 5 December 2008

San Francisco Chronicle – Bloggers the New Rebels in Vietnam – 14 December 2008

Iranian Authorities Close the Defenders of Human Rights Center

By Yasmine S. Hakimian
Impunity Watch Reporter, Middle East

TEHRAN, Iran – On December 21, Iranian authorities raided and indefinitely closed down the Defenders of Human Rights Center (DHRC) in Tehran. The DHRC was founded five years ago by 2003 Nobel Peace Prize laureate Shirin Ebadi. Ebadi received the award for her human rights work, making her the first Iranian to receive the honor. Ebadi was arrested at the raid and taken into custody for several hours. No other arrests were made, but the office remains closed.

The DHRC served as a place to report human rights violations in Iran, defend political prisoners and support families of those prisoners. The raid occurred as the center was preparing a celebration to mark the 60th anniversary of Human Rights Day on December 10.

Iran’s judiciary confirmed the closure of the center, stating it was involved in illegal activities. The judiciary claims the center was acting as a political party without obtaining a legal permit. The center is targeted for having illegal contacts with local and foreign organizations, and organizing news conferences.

In August 2006, the Iranian government informed Ebadi that the center was illegal and planned to arrest those who continued to work there.

According to Narges Mohammadi, deputy head of the center, dozens of policemen entered the office without showing a search warrant. The policemen said they were not obliged to show a warrant because they were wearing police uniforms. Iranian authorities have provided no written justification for the raid.

The DHRC is a member of the International Federation for Human Rights and has also been awarded a human rights prize by the Human Rights National Commission in France.

Over the years, Ebadi’s advocacy of human rights has led to imprisonment and a stream of threatening letters and telephone calls. Ebadi has noted the raid will not stop human rights activists in Iran. She insists the raid was illegal and she plans to protest.

 

For more information, please see:

CNN – Iran Raids, Closes Office, Nobel Winner Says – 21 December 2008

Huffington Post – Shirin Ebadi Office Shut Down by Iran: Nobel Laureate Claims Harassment – 21 December 2008

Iran Press Watch – Police Raid, Close Offices of Shirin Ebadi – 21 December 2008

News Daily – Police Raids Iran Nobel Laureate’s Office – 21 December 2008