Bahrain investigates alleged torture of activists

By Vivek Thiagarajan
Impunity Watch Senior Desk Officer, Middle East

Some activists were arrested following protests on December 17.  The activists gathered to remember protesters that were abused by the police abuses in the early 1990’s. These protests escalated after an activist was killed, which led to rioting and the arson of a police vehicle.   The police arrested some rioters to retain the peace.  The detainees were arrested for illegal possession of weapons and theft stemming from the riots.

Those detainees that were arrested in mid-December have complained that they were tortured and even sexually assaulted by their police interrogators.  For example, Maytham Badr al-Shaykh complained to his family on January 16, 2008 that he was sexually assaulted by interrogators.  Maytham told his father, “On New Year’s evening, they ‘celebrated’ with me. They stripped me and gave me shocks and stuck something wooden up inside me,” Al-Shaykh’s father said. “He whispered it to me when the guards allowed me to embrace him.”  Maytham told his brother that “they violated my manhood” by beating him while he was suspended by his hands. (Human Rights Watch)

However, an official from Bahrain has denied the allegations and assured reporters that the allegations have been investigated and that the activists have been examined by a forensic physician and that the physician dismissed found no signs of torture.

Bahrain must protect its citizens and ensure that the imprisoned they are being treated humanely.  “‘Bahrain’s response to allegations of torture against dissidents will show whether it really respects basic human rights,’ said Joe Stork, deputy Middle East and North Africa director at Human Rights Watch. ‘Bahrain should launch an immediate, thorough and impartial investigation into allegations of grave abuses in detention centers.’” (Human Rights Watch)

For more information, please see:

PR-Inside (AP)- Rights watchdog calls Bahrain to look into detainee torture, sexual assault reports- 22 January 2008

Human Rights Watch- Bahrain: Investigate Alleged Torture of Activists- 21 January 2008

Update on the Charles Taylor Trial

By Elizabeth Costner
Impunity Watch Senior Desk Officer, Africa

THE HAGUE, Netherlands – The trial of former Liberian President Charles Taylor finished its third week with continued testimony from Father Chema, a Senior Researcher for Human Rights Watch, and a linkage witness.   

Father Chema continued his testimony regarding his work with child soldiers in Sierra Leone.  He detailed the rehabilitation programs and the progress the social workers have been able to make with the children.  While approximately 95 percent of the children have been rehabilitated, some were unable to overcome their addiction to drugs or would run away to rejoin their commanders.  Many of the girls had problems as well and would turn to prostitution. 

On a brief cross-examination, Defense Counsel Andrew Cayley worked to establish that child soldiers are used throughout many countries and that it is not a strictly African or Sierra Leonean or RUF practice. 

The next witness for the prosecution was Corrine Dufka, a Senior Researcher for the Africa Division of Human Rights Watch specializing in West Africa.  After the defense counsel strongly objected to the qualification of Ms. Dufka as an expert witness, and the Court ruled that any decision regarding her qualifications were premature, the prosecution began their examination.   

Ms. Dufka presented a report she prepared for the trial, which covers the period of 1998 to 2003/2004 and consists of first-hand victim and witness accounts.    The various documents and studies cited in her report cover the history of the conflict, abuses during armed conflict, war crimes by the Liberian government, and evidence of atrocities in Sierra Leone.   The Prosecution continued the direct examination with questions regarding sexual violence in Sierra Leone and Liberia. 

On cross-examination, Defense Counsel attempted to discredit Ms. Dufka as an expert witness and vigorously questioned her impartiality.   Following her testimony, the Prosecution asked the court to introduce her report into evidence, to which the Defense again objected.  The Court granted the Defense’s request for written submissions regarding her expert status, and the issue will be decided next week.

The Prosecution next called linkage witness Abu Keita.  Keita joined the AFL (Armed Forces of Liberia) in 1990.  When the Sierra Leonean army disarmed the AFL, Keita joined the LUDF (Liberia United Defense Force) in Sierra Leone.  The LUDF was founded to fight the RUF and received weapons from the Sierra Leonean government.   When the LUDF split Keita was a General with one of the branches until it was disarmed in 1996.  Keita testified as to Taylor’s involvement in RUF abuses.   He detailed the RUF activities outside of Sierra Leone, abuses against the peacekeeping forces, the use of diamond mines and child soldiers, the practice of performing amputations, and combatant deaths.

The defense counsel cross-examined Keita, attacking inconsistencies in his statements and his credibility. 
The Prosecution then called witness TF1-371, a protected witness who will give testimony in a closed session.

Yesterday Vamba Sherif, whose brother testified last week, told BBC that his family had received repeated death threats. 

For more information, please see:

Trial of Charles Taylor blog

BBC – ‘Death threats’ over Taylor trial – 25 January 2008

Genocide Feared in Kenya

By Myriam Clerge
Impunity Watch Reporter, Eastern and Southern Africa

NAIROBI, Kenya – Yesterday, President Mwai Kibaki and Raila Odinga met for the first time since the December 27 election that has triggered political and ethnic clashes. The talk was mediated by former UN Secretary General Kofi Annan, in hopes of coming to a peaceful resolution to the dispute. Unfortunately, a solution was not resolved at the meeting.

In fact, Odinga claims he was offended by Kibaki’s comment that he was Kenya’s “duly elected” president. Today, Odinga informed the press that he would not take a prime minister position under Kibaki and the only acceptable options were Kibaki’s resignation, a vote re-run, or a power-sharing leading to constitutional reform then a new election.

The post-election violence was another issue discussed at the meeting. Both sides expressed concerns and commitments to end the violence and yet each side accused the other of genocide.

Meanwhile, at least, twelve people were killed in Rift Valley after violence erupted in the town of Nakuru. Hundreds of people were taken to the hospital after members of President Kibaki’s Kikuyu tribe and Luos and Kalenjins, who backed Odinga, fought in the street, burned homes and looted businesses. A curfew has been imposed.

As the inter-ethnic violence continues, fear of genocide increase. According to Reverend Cornelius Korir, the catholic bishop of Eldoret, near western Kenya, the attacks targeted specific ethnic groups and were thoroughly prepared and organized. The Human Rights Watch has also claimed that they have evidence “that ODM politicians and local leaders actively fomented some post-election violence.”

The incessant violence has caught the attention of the Office of the Prosecutor at the International Criminal Court (ICC).  The ICC was organized to exercise jurisdiction and prosecute incidents of serious crimes like genocide, crimes against humanity, war crimes and the crime of aggression. As the number of deaths rise within Kenya’s two largest ethnic groups, the ICC has taken the initiative to closely monitor the crisis. 

Kenya, a state party of the ICC, signed the Statute in August 1999. Despite Kenya’s membership, the ICC can only intervene if the case is not the subject of an investigation by national jurisdiction or the State is unwilling or incapable of prosecuting.

For more information please see:

Reuters: Africa- Worried Kenyans Fear More Rift Valley Bloodshed – 25 January 2008

AllAfrica.com – Kenya: Violence, Death and Justice – 23 January 2008

BBC- Kenya Ethnic Attack ‘Planned’ – 24 January 2008

BRIEF: Khmer Rouge Tribunal Rules Nuon Chea’s Statement Stands

PHNOM PENH, Cambodia – The Khmer Rouge Tribunal ruled statements made by Nuon Chea, after his arrest but without legal counsel, would not be invalidated because the statements were consensual. When Nuon Chea was arrested, he was fed, rested, and warned to wait for legal representation before he spoke to authorities. However, he made the statements irregardless.

In a statement to the press, the court explained, “In reality, it appears difficult to imagine a situation where the waiver could have been clearer and more deliberate than in this case, without questioning the intellectual capacity of Mr. Nuon Chea, which does not appear to be in question here.”

In the past Nuon Chea declared publicly that he did not trust lawyers and would want a person “who was there” in order defend the Khmer Rouge regime. Since his arrest, Nuon Chea has hired Cambodian lawyer Sun Aran, a Khmer Rouge survivor.

For more information, please see:

Earthtimes – Cambodian Court Declares Former Khmer Rouge Leader Statement Stands – 25 January 2008

BRIEF: Increased Human Rights Violations in Tibet

DHARAMSALA, India – The Tibetan Centre for Human Rights and Democracy (TCHRD) released its annual report, finding that the year 2007 saw repression worsen. The report accuses China of human rights violations in Tibet, particularly related to the freedom of expression, association, and religion. Cases of arbitrary arrests and imprisonments increased almost three times compared to 2006.

Within Tibet, there was hope that human rights violations would decrease in 2007, with China under international scrutiny ahead of the Beijing Olympics. As arbitrary arrests, unfair trials, torture and execution continue, there is “a clear indication of the human rights situation worsening in Tibet.”

For more information, please see:

Thaindian News – Chinese human rights violations continuing: Exiled Tibetans – 24 January 2008

Pahyul – Year 2007 sees repression worsening in Tibet: Report – 22 January 2008