By Nykoel Dinardo
Impunity Watch Reporter, Middle East

GAFSA, Tunisia – Tunisian trade leader, Annan Hajji, and 37 other activists are being tried before Tunisian courts for their involvement in protests in the Gafsa Region of Tunisia earlier this year.  Hajji is the Secretary-General of the local office of the General Union of Tunisian Workers (UGTT).  They have been charged with “forming a criminal group with the aim of destroying public and private property.”  If convicted, they could each face up to more than ten years in prison.  At least six of those convicted are being tried not in their presence. 

The Gafsa Region of Tunisia is a phosphate-rich area; protests sparked after the Gafsa Phosphate Company, the major employer in the city of Redeyef, announced the results of a recruitment competition.  The results were denounced as fraudulent by several people and organizations, including the UGTT.  Following this incident, protests were held about the high unemployment in the region and other labor related issues.  The protests spread to several neighboring cities and police forces were deployed to break up the groups.  Protesters and other groups have claimed that the protests were entirely peaceful but that police forces used violence to force dispersement.

 A video of the protests that was posted on YouTube.

Amnesty International and several other human rights organizations have criticized these trials.  According to Amnesty International (AI), there have been allegations of torture and the misuse of force by law enforcement officials that bring the events into question.  One of those arrested in the protests, Ms. Zakia Dhifaoui claims that she was sexually harassed and threatened with rape by police officials if she did not sign a statement whose contents she did not know.  Several other protesters say that they were detained for questions and released, then re-arrested. 

According to French media sources, the Tunisian government has ordered the local media not to cover the incidents.  According to Tunisian journalist Rachid Khéchana, “Tunisian authorities do not want the scandal to be known to the outside world; authorities believe that if information is dispersed that they will lose control of the situation.”  Those who have provided information to foreign media risk imprisonment.

AI has asked the Tunisian government to do an independent investigation into the allegations and protests. They also request that the government release the findings of an investigation into a death at one of the protests, which resulted from police gunfire into a crowd of protesters.

For more information, please see:

Amnesty International – Tunisian Trade Leader on Trial for Role in Protests – 4 December 2008

Le Monde – Les Leaders des Émeutes de Gafsa devant La Justice Tunisienne [The Leaders of the Riots of Gafsa Face Tunisian Justice] – 4 December 2008 [In French]

Nouvelorbs – Gafsa :  38 Syndicalistes Jugés Pour S’être Révoltés [Gafta :  38 Union Leaders Judged for Revolting] – 4 December 2008 [In French]

Rojo y Negro – Tunéz : La Dictatura al sur de Lampedusa [Tunisia :  The Dictatorship South of Lampedusa] – 14 November 2008 [In Spanish]

Frontline Defenders – Tunisia :  Arrest and Restricted Movement of Human Rights Defenders – 6 August 2008

By Laura Zuber
Impunity Watch Senior Desk Officer, Middle East

ISTANBUL, Turkey – On December 5, Human Rights Watch (HRW) released a report titled, “Closing Ranks Against Accountability,” documenting 28 cases of police violence since early 2007.  The 80 page report cites two main sources of this increase in police brutality.  First, changes in Turkish laws, which gave police excessively broad discretion to use lethal force and encourage arbitrary stops and searches by police. The second cause is a “culture of impunity,” characterized by the failure of the government to investigate and punish abuses.

The cases documented in the report involve fatal and non-fatal shootings by the police; ill-treatment and excessive use of force by police against demonstrators; and ill-treatment during or following identity checks.  For example, Feyzullah Ete, 26, a factory worker with two children, died after being kicked in the chest by a plain-clothed officer who had demanded to see his ID in a children’s play area.  Additionally, a video clip of police officers beating a 15 year old M.K during Kurdish New Year’s celebrations in Van in March 2008 is posted on the HRW’s website.

In the report, HRW stated that the number of complaints filed against the police for excessive force increased over the past year.  In 2006, there were a total of 2,854 complaints, while in 2007, 3,339 complaints were fled.  In addition to the increase of complaint filed, there is a decrease in the number of convictions.  In 2006, 48 police officers were convicted after investigations, while in 2007, only 21 were.

When launching the report in Istanbul, HRW’s executive director, Kenneth Roth, stated that the increase in violent incidences are partly attributable to three changes in Turkish law.  First, a law which permits the police to use lethal force before it becomes necessary to prevent a threat to life.  Second, allowing officers to conduct identity checks without reasonable grounds for suspicion.  And lastly, anti-terrorism legislation which permits denying suspects access to a lawyer for 24 hours.

In addition to the legal sources, Roth stated, “”A culture of impunity prevails and we fear that culture lies behind this increase in police violence.”  The report stated that investigations following complaints were often tainted by the police, who attempt to conceal, contaminate, and plant evidence.  In addition, prosecutions are slow, lasting months or years, often with no result.  Even when the prosecution ends in conviction, they rarely lead to prison sentences.

While changes in anti-terrorism laws have increased protection to suspects in police stations, there has been an increase in the number of incidents of police abuse or excessive force occurring outside the formal places of detention.  Also, the report found that police are ready to use firearms against unarmed civilian demonstrators; sometimes killing them.

In order to combat the increasing occurrence of police violence, Roth states that the government must replace its “culture of impunity,” with a culture of accountability.  The report concluded by suggesting several recommendations to Turkish authorities.  They include: establishing an independent commission to investigate complaints of police violence; requiring the police to report when they use stop-and-search authority and requiring that those stopped are given a form with the police officers’ names and reason for the stop; clarification on when lethal force may be used; and action to ensure that officers to commit abuses are punished.

For more information, please see:

Guardian – Police Violence Soaring, Says Report on Turkey – 6 December 2008

Human Rights Watch – Turkey: Rising Police Violence Goes Unpunished – 5 December 2008

Human Rights Watch – Closing Ranks Against Accountability – 5 December 2008

Hurriyet – Cop Violence Up Due to the Culture of Impunity – 5 December 2008

Voice of America – Report Alleges Human Rights Violations by Police in Turkey – 5 December 2006

By Lauren Mellinger
Impunity Watch Reporter, Middle East

BAGHDAD, Iraq– On December 5, Iraqi security forces stormed a warehouse at Baghdad airport, using tear gas and smoke grenades to forcibly remove dozens of migrant workers from the premises for deportation.  The migrant workers had been lured to Iraq three months earlier by recruiters for a defense contractor who promised the men jobs.

Last week, during a visit to the warehouse by Iraqi immigration officials, a riot broke out when the migrants protested their poor treatment by throwing bottles and stones at the officials.  In response, Iraqi security guards opened fire shooting into the air to silence the protest.

According to the workers, the recruiting agents guaranteed them jobs with Najlaa International Catering Services, a subcontractor to US defense company Kellog Brown and Root (KBR).  The workers, mostly men from India, Nepal, Sri Lanka, Bangladesh and Uganda, claim that the recruiting agents charged them between $3,000 and $5,000 to travel to Iraq.  Before leaving their homes many of the migrants sold their property and other valuables to raise the money to make the trip. 

Around 600 of the migrants have been kept in derelict warehouse at the Baghdad airport for months, while the remaining 400 have been living in a “make-shift” camp nearby.  They are provided with little food, have little access to working showers, and are forced to sleep four to a bed.  According to a spokesman for Najlaa International, to maintain their safety and prevent kidnappings, they are not permitted to leave the warehouse.  When reporters attempted to gain access to the facility, they were ordered away from the area by armed Iraqi security forces.

Several of the Ugandan workers claim they have been handcuffed and beaten by Iraqi police.  One man claims the Iraqi  police told him, “If you are here for the US, we’re going to show you the difference between the US government and the Iraqi government.”  The Iraqi police have not responded to the allegations of abuse.

The migrants are currently stranded in Iraq.  They are unable to remain in the country because of their visa status and cannot afford to make the return trip back to their home countries.   The workers claim they were tricked into handing their passports and visas over to the Iraqi security forces earlier this month, after being assured that Najlaa International required their information in order to pay them.  The passports were not returned and the paychecks not forthcoming, which led to speculation among the migrants that they were going to be forcibly deported from Iraq without payment.

Najlaa International denies allegations that it confined migrant workers to a warehouse where they were forced to live in dire conditions and kept there without pay.  According to Marwan Rezk, General Manager of Najlaa International, “They are living in a decent environment, provided three meals a day, showers and latrine facilities.”  Rezk maintains that the workers are well cared for and are temporarily residing in airport housing facilities while awaiting assignments on US bases.  Rezk further claims that the migrant workers’ contracts stipulate that they are only to be paid once they begin to work.

While the US military is looking into the matter, the conditions that the workers have been living in since they arrived in Iraq appear to be in violation of US military guidelines.  The guidelines were passed in 2006 to encourage defense contractors to deter human trafficking in Iraq.  In addition to regulating recruiters, the guidelines stipulate “minimum acceptable” living spaces and require companies to fulfill their contract obligations with employees.  Additionally, seizing passports and visas is a violation of the guidelines. 

According to KBR, it does not condone such unethical behavior, and was not involved in this recruiting scam.  The company has stated it plans “to remediate the problem and report the matter to the proper authorities.”  The company is already the target of other lawsuits involving allegations of human trafficking.

For more information, please see:

CNN – Workers in Iraq Say Scores of Them Removed by Force – 5 December 2008

CNN – Stranded Workers in Iraq: Recruiters Duped Us – 4 December 2008

ISS – Migrant Workers in Iraq Riot Over Treatment by KBR Subcontractor – 4 December 2008

Times UK – Iraqi Guards Open Fire as Migrants Riot About Deportation – 4 December 2008

AP – KBR Subcontractor Denies Confining Workers in Iraq – 3 December 2008