Fatah Officials Detained by Hamas; Several Dead in Lebanon after Neighborhood Conflict; Egypt Supports Delay in Arrest of Sudanese Leader

By: Julie Narimatsu

Impunity Watch Managing Editor-Journal

Several members of the Fatah movement, led by Palestinian president, Mahmoud Abbas, have been arrested by Hamas in the Gaza Strip.  Hamas responded that the arrests were part of their investigation into a bombing that killed five of its members and a girl, as well as in retaliation for the detentions of several Hamas members in the West Bank.  They are not disclosing specific numbers on how many Fatah men have been detained, and Fatah is denying any involvement in the bombing.

The bombing caused both sides to make numerous arrests in the past week.  However, on Wednesday, Hamas released over half of the detained Fatah activists.  Similarly, Abbas has reportedly ordered the release of all detained Hamas activists that have been arrested in the past week.

Meanwhile, Human Rights Watch released a report condemning the unlawful arrests and physical abuse of both sides since Hamas gained control of the Gaza Strip in June of 2007.  They have urged both sides to release those unnecessarily detained and to allow independent human rights monitors access to the detainees.

For more information, please see:

BBC – Top Fatah officials held in Gaza – 1 August 2008

NY Times – Abbas Is Said to Release Supporters of Hamas – 1 August 2008

CNN – Palestinian factions trample rights, watchdog group says – 30 July 2008

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New clashes between two neighborhoods in northern Lebanon have resulted in at least seven dead and more than 30 injured.  Rocket-propelled grenades were used to target apartment buildings and mosques, as well as buildings outside the two specific neighborhoods involved.  The Lebanese army has closed the nearby highway to reduce civilian exposure to the violence.

Since June, there have been fourteen deaths and over 100 injured in this region.  The conflicts stem from a long history of religious, territorial, and political tension going back to the 1970’s.

For more information, please see:

Al Bawaba – Seven dead in Lebanon clashes – 25 July 2008

NOW Lebanon – Raging storm – 26 June 2008

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Last month, the prosecutor for the International Criminal Court (ICC), Luis Moreno-Ocampo, filed several charges of genocide, crimes against humanity, and murder against Sudanese President Omar al-Bashir in relation to his involvement with the conflict in Darfur.  While the ICC has requested an arrest warrant against the leader, Egypt, Sudan’s neighbor to the north, insists that the arrest should be delayed.

Egyptian President, Hosni Mubarak, discussed the situation with Sudanese Vice President, Ali Osman Taha, who called the charges “baseless and refuted by the facts on the ground.”  According to an Egyptian official, Ahmed Abul Gheit, the charges are “very dangerous and the prosecutor should not have let things go so far.”  He added that the “international community [sh]ould be careful and work for providing stability and look for justice and truth in Sudan.”

Over four million Sudanese refugees live in Egypt.  According to Nora Abdel Khalek, a political activist, Mubarak “does not want to be seen by Egyptians as being responsible for the hardship and troubles that have been going on [in Egypt].”  She adds that the lack of support to the ICC by Egypt and other African leaders is an attempt to “deflect the charges” to maintain their legitimacy.

Other African nations agree with Egypt that an arrest would threaten peace discussions going on in the region.  The African Union has stated that it does not support an immediate plan to arrest al-Bashir.

For more information, please see:

Middle East Times – Bashir Pending Arrest Too Close for Cairo’s Comfort – 1 August 2008

Sudan Tribune – Egypt’s Mubarak reaffirms his support to Sudan’s Bashir vs ICC – 28 July 2008

allAfrica.com – Uganda: Mubarak Here Over Bashir Warrant – 28 July 2008

Draft of Fiji People’s Charter Close to Release; New Criticisms and Questions Surface for Fiji Police Practices; Fiji Electorla Committee Confirms Elections Delay

By Ryan L. Maness
Impunity Watch Senior Desk Officer, Oceania

SUVA, Fiji — The National Council for Building a Better Fiji has nearly completed its first draft of its National Charter and it will be disseminating it to the public next week.  Discussions are ongoing about the best way to distribute the document to the populace, the document will first have to be endorsed by the entire council (a process which should happen this week).

Once the draft has been released to the public, a consultation phase will begin that will last until September, said Council member Filimoni Kau.  He added that any objections from the public will be taken into consideration.

While objections will be noted, council members were sure to point out that objections would not derail the process.  “However, the charter will still have to go ahead despite any objections,” said Kau.  “It is clear that we want to move forward and whatever people say will not hurt us a bit.”  Another member of the draft team, Adi Finau Tabakaucoro, also told Fijilive that the Charter process would proceed despite objections

The first draft of the document is scheduled for presentation to President Ratu Josefa Iloilo on 10 October, after consultations with the three provincial divisions are finished.

For more information, please see:
Fiji Times — Draft Charter to be ready in October — 01 August 2008

Fijilive — People’s Charter draft ready for public — 31 July 2008

Radio New Zealand International — Fiji’s council for Building a Better Fiji close to release of draft charter — 31 July 2008
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SUVA, Fiji — Human rights organizations have called for a reevaluation of police protocol this week, after an escaped prisoner was sent to the emergency room in critical condition after his recapture by Fiji Police.  Jo Baleiloa was admitted to Suva’s War Memorial Hospital Thursday with several cuts on his head and with all of his fingers and both his legs broken; he was taken to surgery the same day, but he remains on life support.

The Non-Governmental Organisations Coalition on Human Rights has decried the incident and has called for a detailed investigation. “Authorities must urgently address this violence in the police force so that the Fiji public, particularly women who often face violence in their own homes, feel that police stations are safe place,” Chair Virisila Buadromo said. “These rights are protected by international law, and by our own Constitution. While we appreciate the role of police officers in our community, we absolutely abhor this alleged violent assault against Baleiloa.”

Also raising her voice against police protocol is Anisa Naukila the mother of Tevita Malasebe, a rugby player who died as a result of a beating received while in police custody.  Naukila said that, “What they did to my son again happened to the boy. It’s the same injury that my son had. From head to toe. I’ve only seen it on TV but I want to go down to the hospital to see the boy. They haven’t learned. I just don’t know what’s wrong, what’s going on.”

A police spokesman said that the police will be conducting an investigation and is taking the matter very seriously.  “The commissioner has not said to have an inquiry as yet. He has had a talk with our minister, the minister of defence, obviously there’s going to be an internal inquiry into the issue surrounding the arrest of Mr Baleiloa from police to our officers, but at the moment it hasn’t begun.”

For more information, please see:
Solomon Star — Further condemnation of Fiji Police Methods — 01 August 2008

Fiji Times — Pressure on authorities to probe Baleilo bashing — 01 August 2008

Radio New Zealand International — Fiji NGO calls for end to police brutality — 31 July 2008

Radio New Zealand International — Fiji police to probe arrest of escaped prisoner — 31 July 2008

Radio New Zealand International — Further condemnation of Fiji police methods — 31 July 2008

Fiji Daily Post — Address violence, says human rights body — 31 July 2008

Fiji Times — Stop brutality: NGO — 30 July 2008

Fiji Times — Baleiloa still in critical state — 30 July 2008

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SUVA, Fiji — This week the Fiji Electoral Committee confirmed that Fiji will not hold democratic elections next march, as had been originally envisioned.  The Committee chairman Mohammed Kamal Ud Dean Sahu Khan told Radio Fiji that changes needed to be made to the electoral system before any election could be held and that such changes would take between 12 and 15 months.  While it is not known what changes will have to be made, the Committee suggested that new electoral boundaries might be needed.  “The Commission was putting great effort to ensure that elections are free, fair and transparent,” Mr Khan said. “So basically the electoral commission is not concerned with the reforms that the government is putting in place but we are an independent commission and we would like to continue with our work so that the people know that the election commission is not sitting idle.”

Fiji’s interim Prime Minister Frank Bainimarama made similar comments about the necessity of delaying elections in earlier in July.

For more information, please see:
Fiji Times — Poll will take time: Khan — 25 July 2008

Radio New Zealand International — Fiji Electoral Commission confirms poll delays — 25 July 2008

Female Suicide Bombers Kill 57 in Iraq; No Charges to be Brought For Reporter’s Death; Egyptian Ferry Owner Acquitted

By Ben Turner
Impunity Watch Reporter, Middle East

BAGHDAD, Iraq – On July 28, four female suicide bombers attacked a Shiite pilgrimage in Baghdad and a Kuridsh protest rally in the northern Iraqi city of Kirkuk.  57 people were killed and nearly 300 other were injured as a result of the blasts.

In Baghdad, three of the suicide bombers detonated their explosives in three different locations within 30 minutes of each other.  The Baghdad attacks left 32 dead and wounded 102 others.  The attackers targeted Shiite pilgrims taking part in an annual march to one of their holiest shrines.

In Kirkuk, another suicide bomber detonated her explosives in the middle of a crowd attending a Kurdish political protest.  After the explosion, gunmen fired into the crowd.  The attack killed 25 people and wounded 185 others.

For more information, please see:
Associated Press – 4 Female Bombers Strike in Iraq, Killing 57 – 28 July 2008

CNN – Female Suicide Bombers Target Pilgrims, Rally – 28 July 2008

Los Angeles Times – Female Suicide Bombers in Baghdad and Kirkuk Kill 57, Injure 280 – 28 July 2008

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LONDON, England – On July 28, the Crown Prosecution Service has said that there is insufficient evidence to charge anyone in the death of Terry Lloyd, a British journalist who was killed in Iraq in 2003.

Lloyd, who was working for Britain’s Independent Television News, was shot by an American weapon when his four-man team was caught in crossfire between U.S. and Iraqi forces on the outskirts of Basra.
A 2006 British inquest ruled that U.S. forces unlawfully killed Lloyd while he lay in the back of an ambulance.  The Crown Prosecution Service said it was impossible to determine who fired the bullet that killed Lloyd.

The Pentagon completed an investigation into Lloyd’s death in May of 2003 and “determined that U.S. forces followed the applicable rules of engagement.”  ITN said it was disappointed by the decision and accused U.S. authorities of being uncooperative.

For more information, please see:
Associated Press – UK: No Prosecution Over Journalist Death in Iraq – 28 July 2008

BBC – No Charges Over Reporter’s Death – 28 July 2008

Telegraph – No-One to be Charged Over Shooting of ITN Reporter Terry Lloyd in Iraq – 28 July 2008

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CAIRO, Egypt – An Egyptian court acquitted the owner of a ferry that sank in the Red Sea two years ago, killing more than 1000 people.  The ship’s owner, Mamdouh Ismail, and his son, Amr Ismail, were cleared of negligence and corruption charges.

Mamdouh is a member of the Egyptian parliament’s upper house and Amr was a top executive in the ferry company.  The two fled Egypt after the sinking and opposition papers accused government officials of helping them escape.  They were tried absentia in Egypt.

The ferry sank in February 2006 after a fire broke out on board.  The ship was traveling from Saudi Arabia to Egypt and most of the victims were Egyptian workers returning home.  The slow rescue operation by the Egyptian government led many of the victims’ families to openly criticize Egyptian President Hosni Mubarak.  The ferry incident is only the latest example in long standing charges that the Mubarak government has abetted corruption by wealthy businessmen close to the regime.

For more information, please see:
AFP – Outrage over 2006 Egyptian Ferry Disaster Acquittals – 27 July 2008

Associated Press – Owner of Sunken Egyptian Ferry Acquitted – 27 July 2008

BBC – Anger at Egyptian Ferry Verdict – 27 July 2008

UPDATE: Chaudhry’s Future in Interim Government Uncertain; Winters Proposes Pacific Court ; Fiji Law Society President Wants New Leaders

By Ryan L. Maness
Impunity Watch Senior Desk Officer, Oceania

SUVA, Fiji — The Fiji military council is reported to be once again calling for the ouster of Fiji’s interim finance minister Mahendra Chaudhry, but no official comment has been released by either the military or the interim government concerning the reasoning.  The speculation rose to the point where rumors were circulated among Fiji’s political circles that Chaudhry had been sacked.  Interim prime minister Frank Bainimarama, however, was clear that the finance minister had not been asked to resign.

Previously Chaudhry was under pressure to leave government due to allegations from the Fiji Times of inconsistencies in his taxes (an interim government investigation cleared him of any wrong doing).  The current tensions are reported to arise regarding differences of opinion regarding a proposed taxation on bottled water.

For more information, please see:

Fiji Times — Military keeps cards close to chest — 26 July 2008

Radio New Zealand International — Speculation in Fiji over Chaudhry’s continued role as interim finance minister — 24 July 2008

Radio New Zealand International — Fiji interim PM says Chaudhry stays despite differences over tax — 24 July 2008

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NADI, Fiji — Addressing the Fiji Law Society, former Fiji High Court justice Gerard Winters said that the Pacific should consider creating a Pacific Court to offer legal analysis and hear certain cases.  He said that such a court, which could be based in Vanuatu, would serve as the paramount court for hearing cases arising out of Fiji.  Such a court, he explained, such a court is workable because of the close bonds that exist among Pacific nations.

Professor Brian Opeskin, of the University of the South Pacific, thought that the idea should be encouraged.  “I think this is just another mechanism that can be considered in order to try and make the region a strong one that can ensure the rule of law across the region and to avoid problems of political instability and problems with law and order that we have seen arise from time to time across the region,” he said.  “So the idea of strengthening judicial services including through the court is certainly a good one that needs to be explored.”

Dr. Shaista Shameem, chairperson of the Fiji Human Rights Commission, is not as optimistic that the planned court is workable.  Noting that the idea is about 30 years old, she said that Pacific countries are too legally and socially diverse for such a court to function.  “It [would require] acceptance by member states and at present this seems somewhat remote since there is no common human rights or legal identity or mechanism that everyone can agree with, beyond just New Zealand and its dependencies in the Pacific.”

For more information, please see:
Radio New Zealand International — Academic backs call for Pacific Court — 21 July 2008

Fiji Times — Legal plan ‘now new’ — 20 July 2008

Fijilive — Pacific Court notion revisited — 19 July 2008
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SUVA, Fiji — Fiji’s interim Prime Minister has said in recent weeks that the electoral and social reforms needed in Fiji are unlikely to be realized before next March’s election deadline and as such democratic elections will probably not be held as promised.  These comments have sparked controversy from multiple corners, among them the president of the Fiji Law Society, Isireli Fa.  Fa told the Fiji Times that it was “misguided” that electoral reforms were needed before elections could take place.  He went on to stress that any proposed reforms must be imposed by Parliament, not the ruling party, or else any reform would be “illegitimate and [would] bring more problems than it solves.”

Fa also expressed his belief that the Fiji Law Society needs to ensure that the country is governed by the rule of law.  To this end, he wants to see a new cadre of leaders emerge from the next election.  Radio New Zealand International reports that according to Fa the current government is weighed down by the baggage of the colonial period.  He believes that the way forward is for both current groups to refrain from contesting the results of the next election.  “What we should see is new leaders from within the party who could carry the party forward into policies and thinking that’s in line with a multi-racial government and a multi-racial constitution, as opposed to leaders who still hang on to nationalistic principles.”

Fa’s comments have not been well received by the sitting political leaders.  The national leader of the deposed SDL party, Peceli Kinivuwai, said that the rules of citizenship are very clear in the Constitution and that anyone of voting age should be allowed to stand for elections.

For more information, please see:
Radio New Zealand International — Fiji Law Society calls for new leaders to emerge — 21 July 2008

Fijilive — Anyone can stand for elections: SDL — 20 July 2008

Fiji Times — Law society pushes for rule of law — 17 July 2008

Israel Approves West Bank Settlements; Poverty Rates Increase in Gaza, Despite Truce; HRW: Syria Needs to Investigate Prison Deaths

By Laura Zuber
Impunity Watch Senior Desk Officer, Middle East

JERUSALEM – On July 24, Israeli officials revived plans to construct a new settlement in the occupied West Bank.  Two years ago, Israel was prevented from constructing a new settlement, Maskiyot, in the Jordan Valley, due to US pressure.  The decision to begin construction is significant because of the promises made by Israel in the Annapolis conference late last year.

Palestinian negotiator Saeb Erekat accused Israel of undermining US-backed peace talks with the latest settlement plan.  “This is destroying the process of a two-state solution,” Erekat said. “I hope the Americans will make the Israelis revoke the decision. I think they can make the Israelis do this.”

The new settlement would be the first in a decade and would contribute to a wave of building going on across the West Bank, as Israel adds thousands of new homes to existing settlements despite international calls to halt construction.

U.N. Secretary General Ban Ki-Moon said that he was “deeply concerned” about the construction plan, adding that it would violate international law.  Article 49 of the Fourth Geneva Convention prohibits the transfer of civilians to occupied lands.

For more information, please see:

The Daily Star – Israel Set to Build More Illegal Settlements in Occupied West Bank – 25 July 2008

Independent – Israel Relaunches Plan for West Bank Settlement in Snub to US – 25 July 2008

Washington Post – Revived Israeli Plan for New Homes in West Bank Sparks Outcry – 25 July 2008

International Herald Tribune – West Bank Construction Wins Approval in Israel – 24 July 2008

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GAZA CITY, Gaza – On July 23, UN Relief Works Agency released a report stating that over half of the population in Gaza from falling below the poverty line.  “The number of households in Gaza below the consumption poverty line [has] continued to grow, reaching 51.8 per cent in 2007 despite significant amounts of emergency and humanitarian assistance,” the report said.

Salem Ajluni, an economist with UNRWA and author of the report, stated that Gaza has historically been more vulnerable to difficult economic conditions for a number of reasons, especially due to the fact that two thirds of the territory are refugees and dispossessed of their property.  He also stated that the economic conditions were worsened because of the economic blockade imposed on the territory.

The report stated, “Israeli imposed movement restrictions in the occupied Palestinian territory, whose population is estimated to have grown by about one third since 1999, have resulted in considerable regression over the past eight years and remain the main barrier to economic recovery and development.”

In addition, the report noted that economic conditions continue to decline, despite the truce declared one month ago.

For more information, please see:

Al Jazeera – UN: Poverty Worsening in Gaza – 24 July 2008

ReliefWeb – OPT: More than Half of Gaza Households Slump Below the Poverty Line: Youth Hardest Hit by Unemployment – 24 July 2008

UNRWA – Prolonged Crisis in the Occupied Palestinian Territory: Socio-Economic Developments in 2007 – 23 July 2008

Xinhua – Gaza Poverty Mounts Despite Hamas-Israel Truce – 23 July 2008

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NEW YORK CITY, United States – Human Rights Watch called on Syria to investigate the deadly shooting of inmates by military police at Sednaya prison.  According to reports from inmates, the riot occurred when Islamists protested against an “aggressive search” by prison guards.  In the process of quelling the riot, prison guards fired on the inmates killing an unknown number.

HRW called on Syria to investigate the July 5 riot and to publish the findings.  HRW also called on the government to immediately publish the names of those killed and injured in the incident.  “We still don’t know how the prison standoff ended, or the number and names of those killed and wounded,” said Sarah Leah Whitson, HRW Middle East Director.

Even two weeks after the incident, the Syrian government has not released an official statement.  The official state news agency, SNA, printed a short statement on July 6, which stated “a number of prisoners…incited chaos and breached public order in the prison and attacked other fellow prisoners…during an inspection by the prison administration.”

For more information, please see:

Associated Press – Syria Urged to Probe Prison Riot Deaths – 22 July 2008

Human Rights Watch – Syria: Investigate Sednaya Prison Deaths – 22 July 2008

Reuters – Rights Group Calls for Syria Prison Riot Inquiry – 22 July 2008