A Voice for the Voiceless

Dutch Authorities Fail to Arrest Minister Ami Ayalon

By Yasmine S. Hakimian
Impunity Watch Reporter, Middle East

THE HAGUE, Netherlands – Authorities in the Netherlands failed to arrest the Minister-without-Portfolio, Ami Ayalon, while he was visiting the Netherlands in May. Khalid al-Shami, a Palestinian man, submitted an application to the Dutch authorities for his arrest. Khalid al-Shami alleges he was tortured from 1999 to 2000 while he was held for 50 days in an Israeli jail. During the alleged torture, Ami Ayalon was the director of the Shin Bet (the Israeli General Security Services – GSS), which investigates individuals suspected of committing crimes against Israel’s security.

Al-Shami was arrested by Israeli soldiers and taken to Ashkelon prison on December 31, 1999. He was interrogated for 20 days, in time blocks between 20 to 40 hours. Al-Shami was alone in a two by two meter cell for two to three hours between each interrogation session. He further alleges being subjected to low temperatures and tied to a small chair by his hands and feet for lengthy periods of time.

After 20 days, Al-Shami appeared before a military court without any legal representation. The court extended his arrest by 30 days. During this additional confinement, Al-Shami claims he was forced to make a written confession. Al-Shami has incurred serious life-long injuries from the torture.

Al-Shami is seeking justice abroad since the Israeli authorities have failed to act on his allegations, even though torture is routinely sanctioned in Israel. For years the Israeli judicial system has failed to pursue Ayalon. The Palestinian Centre for Human Rights (PCHR) with London-based Hickman and Rose Solicitors has collected files of evidence for victims like Al-Shami. PCHR has provided Al-Shami’s lawyers with his evidence file.

Under Article 6 and Article 7 of the United Nations Convention Against Torture any State Party whom a person alleges to have committed torture should be arrested and prosecuted (or extradited for trial elsewhere). In May the BFKW law firm filed a torture complaint with the Dutch prosecution authorities on behalf of Al-Shami.

Dutch authorities had a duty and ample opportunity to arrest Ayalon and establish jurisdiction. Dutch authorities failed to arrest Ayalon even though they established a prima facie case against him and discovered he was not immune from prosecution. Furthermore, the initial torture complaint was marked as urgent. The College of Procurators-General did not decide Ayalon lacked immunity until May 21. Ayalon left the Netherlands on May 20 and as a result, it was too late to arrest him.

The failure to arrest Ayalon will be the subject of a legal challenge in the Court of Appeal. On October 6, Al-Shami applied to the Court of Appeal in The Hague. Through an extradition request or an international arrest warrant, the order requires the Prosecutor to start a criminal investigation into Ayalon.

For more information, please see:

Adnkronos International – Netherlands: Rights Group Demands Arrest of Israeli on Torture Claims – 7 October 2008

Electronic Intifada – Palestinian Torture Victim Seeks Justice in the Netherlands– 7 October 2008

Jerusalem Post – Dutch Lawyers Seek Arrest of Minister Ami Ayalon – 7 October 2008

Ma’an News Agency – Holland Says Israeli Minister Ami Ayalon Persona Non Grata – 7 October 2008

Sumound – Dutch Lawyers Seek Ex-Israeli Spy Chief’s Arrest for Torture – 7 October 2008

Malaysian Blogger Goes on Trial

By Pei Hu
Impunity Watch Reporter, Asia

KUALA LUMPUR, Malaysia – On October 6th, Raja Petra Raja Kamarudin went on trial for “sedition.” Petra is a well known journalist and blogger for Malaysia Today. His article, Let’s Send the Altantuya Murderers to Hell, published earlier this year, accused the Prime Minister Najib Razak and his wife, Rosmah Mansor, of murdering a young Mongolian woman, Altantuya Shaariibuu.

Petra’s article claims Razak and his wife plotted Altantuya’s murder after she demanded money from Razak to end their extramarital affair. Currently, two police officers, a think-tank director, and close friend of Razak are on trial for collaborating the murder of Altantuya.

Petra has been in jail since September 12th under the Internal Security Act (ISA).  Under the ISA, Petra has to serve a two year sentence for “insulting a political leader” and “insulting Islam.”

If Petra is found guilty of sedition, he can be incarcerated for another three years. “They are penalizing him twice… It’s double jeopardy,” Marina, Petra’s wife, told reporters of the Associated Press.

Many supporters showed up outside the district court, wearing T-shirts that bore the slogan “Free RPK.” The Worldwide Press Freedom Organization said the Malaysian government is using the judiciary for their own means, “The government is abusing the law in order to silence critical voices and to gag free expression.”

For more information, please see:

BBC – Malaysia Writer in Sedition Trial – 6 October 2008

Malaysia Today – Suffering the ISA – 8 October 2008

Reporters without Borders – Blogger Raja Petra Kamarudin Goes on Trial for “Sedition” – 6 October 2008

Kuwait Urged to Ratify International Criminal Court Statute

By Nykoel Dinardo
Impunity Watch Reporter, Middle East

NEW YORK, New York – The Coalition for the International Criminal Court, CICC, has named Kuwait as its target country for October 2008.  CICC is urging Kuwait to ratify the Rome Statute of the International Criminal Court (ICC), the treaty which created the first international court capable of trying individuals for crimes such as genocide and crimes against humanity.  In a letter to Amir Sheikh Sabah Al-Ahmad Al-Jaber Al-Sabah of Kuwait on October 1, CICC asked that ratification is made a priority.

According to the CICC, Kuwait has a growing number of human rights organizations; ratifying the Rome Statute would solidify Kuwait’s dedication to international justice.  There are currently over 300 active Coalition member organizations throughout the Gulf region.

There is also a movement within Kuwait.  The Kuwaiti Coalition for the International Criminal Court has made a draft ratification proposal to submit to the Kuwaiti legislature.  Last year, the Kuwait Bar Association (KBA) hosted a meeting about the ICC and the Gulf States.   At the meeting, members of the International Criminal Bar came to give lectures and encourage members of the KBA to become more involved.

Currently, 108 countries have ratified the Rome Statute.  However, in the CICC’s Middle East and North Africa Region (MENA), there are only 3 member states, Jordan, Djibouti, and the Comoros Islands.  Eleven MENA countries have signed the treaty and the CICC hopes to encourage each of these countries to become full ratifying members.

In a statement to the KBA, Hussain Al-Hereti, the Secretary of the National Assembly, encouraged Kuwait to become a member of the ICC.  However, he explained that at least one Kuwaiti parliament member is worried that ratifying will open Kuwaiti Amir to trial in the ICC.  Al-Hereti said that this should not be a concern as the Amir will never commit a war crime so would not be tried.

For more information, please see:

Kuwait Times – Kuwait Urged to Ratify ICC Treaty – 9 October 2008

Coalition for the International Criminal Court – Global Coalition Urges Kuwait to Ratify ICC Treaty – 12 November 2007

Kuwait Times – Lawyers Urge Kuwait to Become ICC Member – 26 March 2007

Coalition for the International Criminal Court –  Issues and Campaigns: Kuwait

Coalition for the International Criminal Court – List of Ratifying Parties

BRIEF: Yemen Arrests Group of “Israel-linked” Militants

SANA’A, Yemen – Yemeni President Ali Abdullah Saleh announced on October 6, a series of arrests made to “dismantle a terrorist cell” that is linked to Israeli Intelligence.  Saleh stated that the group “operated under the ‘slogan of Islam’.”  However, he gave no details on the arrests or on the allegation that the group is linked to Israel. Saleh indicated that information supporting the allegations would be released when those arrested are tried.  He stated, “Details of the trial will be announced later. You will hear about what goes on in the proceedings.”

Israel has responded to the arrests by stating that Yemen’s allegations have no foundation.  Igal Palmor, a spokeman for Israel’s foreign ministry, stated that the accusation was “totally ridiculous.”  In an interview with AFP, he said that, “To believe that Israel would create Islamist cells in Yemen is really far-fetched. This is yet another victory for the proponents of conspiracy theories.”

Saleh stated that the arrests took place on October 1, but sources in the government indicate that the group that the President was referring to is the six-member group known as Islamic Jihad arrested in September.  Islamic Jihad is associated with al-Qaeda and claimed the attack on the U.S. Embassy in Yemen last month.  A total of 50 people have been arrested in connection with the Embassy attack so far.

BBC – Yemen Seizes “Israel-linked” Cell – 7 October 2008

TVNZ – Yemen Arrests “Israel” Militants – 7 October 2008

AFP – Yemen says “Israel-linked” Terror Cell Dismantled – 6 October 2008

Jerusalem Post – Yemen Nabs “Israel-linked” Terror Cell – 6 October 2008

China Warns the Nobel Peace Prize Should Go To the “Right People”

By Ariel Lin
Impunity Watch Reporter, Asia

BEIJING, China – Two Chinese dissidents, Gao Zhisheng and Hu Jia, are top candidates of this year’s Nobel Peace Prize.  The Norwegian Nobel Committee in Oslo’s International Peace Research Institute’s decision to honor Hu or Gao may increase tensions between the West and China.

China’s foreign ministry suggested Tuesday that it hopes Chinese human rights activists will not win this year’s Nobel Peace Prize.  “For the past few years we see that many people in the world have dedicated themselves to world peace and scientific and human progress and have been properly awarded with the Nobel Peace Prize,” he said.  “However,” Qin added, “some of the prizes went against Mr. Nobel’s initial purpose. We hope the Nobel Prize should be awarded to the right people.” The award went to the Dalai Lama 19 years ago, against strong objections from Beijing.

Gao, born in 1964, is a lawyer who has protested the treatment of members of the Falun Gong movement.  Hu, 35, has been outspoken on environmental and AIDS matters and more recently has criticized the treatment of Gao.

They were both arrested and jailed before the Beijing Olympics to keep them out of the public eye.  Gao was arrested in August 2006, convicted in a one-day trial and placed under house arrest. He was convicted because of nine articles posted on foreign Web sites, state media reported at the time. Gao has been beaten, harassed and given a suspended jail sentence in the last few years.  He was also reportedly targeted by an assassination attempt.  Hu was convicted last April of inciting subversion, and is now serving a three-and-a-half-year jail sentence.  Hu’s wife has been placed under house arrest.

Peace researcher Stein Toennesson, director of the Peace Research Institute in Oslo, Norway, said the prize committee might pick a Chinese activist “in view of the fact that the Olympic Games did not bring the improvement many had hoped for, but instead led to a number of strict security measures.”  According to a BBC Asia analyst, Andre Vornic, the Nobel committee is unlikely to be swayed by crude pressure, he says. If anything, a perception of bullying could further stack the odds in favor of China’s jailed dissidents.

For more information, please see:

AP – China suggests Nobel should not go to activist – 07 October 2008

BBC – China makes Nobel prize warning – 07 October 2008

Bloomberg – Nobel Peace Prize May Go to Chinese Activist, Angering Beijing – 06 October 2008

Voice of America – China Warns Against Awarding Nobel Prize to Dissident – 07 October 2008