Morocco Jails Six Men for Homosexuality

By Kevin Kim
Impunity Watch Reporter, Middle East

RABAT, Morocco – A court in Morocco has sentenced six men to between four and ten months in prison for homosexual conduct.

The men were arrested on November 18, when a private party was organized reportedly to celebrate “gay marriage” in a small city in northern Morocco. This private party was followed by a violent rally against homosexuality in the town five days later. Protesters ravaged the town, including the home of one of the party organizers who fled to the police station.

The court convicted the men for violating Morocco’s penal code, which criminalizes “lewd or unnatural acts with an individual of the same sex.” It sentenced three defendants to six months, two defendants to four months, and the sixth, who also allegedly sold alcohol illegally, to ten months in prison.

According to lawyers for the defendants, the judge found them guilty even though the prosecution presented no evidence showing the six had engaged in the prohibited conduct. The only evidence submitted to the court was a video – which is circulating online including YouTube – purporting to show the November 18 party. However, the video showed no indications of homosexual activity.

It is a violation of international human rights law to criminalize consensual adult homosexual conduct. The United Nations Human Rights Committee has historically condemned laws against consensual homosexual conduct. The United Nations Working Group on Arbitrary Detention has also held that arrests for consensual homosexual conducts are human rights violations.

For more information, please see:

The Times – Six jailed for homosexuality – 13 December 2007

Human Rights Watch – Overturn verdicts for homosexual conduct – 12 December 2007

Thousands of People Flee to Goma, DRC

GOMA, DRC – In Eastern Democratic Republic of Congo, thousands of people have fled General Laurent Nkunda’s rebel army. An estimated 400,000 people have been forced to move from their homes this year alone. 

The rebels have been able to advance on the town of Sake, which is located about 30km north-west of Goma. This in turn has pushed back government forces.

Since the army lost land to rebel forces last week, many innocent victims have been forced to flee from the conflict. Many victims have arrived to the regional capital of Goma, in an attempt to seek shelter. Presently, Goma is being defended by United Nation Troops.

In the surrounding hillside, UN troops have taken offensive precautionary measures. Major Prem Tiwari stated “We have reinforced our positions. We won’t let this town fall into the hands of Nkunda’s troops.”

Rebel spokesman, Rene Abandi stated “We are calling for a political solution – to end discrimination against some communities to solve the problem of the Interahamwe and to organise a modern army,” He believes that the solution to the conflict comes with political and not military action.

Anneke Van Woudenberg of Human Rights Watch was quoted as saying “The fundamental issues that led to the Congo war have never really been dealt with” and “we are seeing the results of that now.”

For more information, please see

BBC – Congolese flee as rebels advance – 13 December 2007

BBC- Congo Rebels Call For Peace Talks – 13 December 2007

The Sydney Morning Tribunal –  Fragile Democracy Faces Yet Another War  – 13 December 2007

Sogavare Government Ousted

By Sarah C. LaBelle
Impunity Watch Senior Desk Officer, Oceania

For background information on the political crisis in the Solomon Islands, please see the Impunity Watch articles here, here, and here.

For more information on the Moti affair, a key element of the opposition’s argument against Sogavare’s government, please see the Impunity Watchreports on Moti’s appointment as attorney general for the Solomons, PNG government involvement in Moti’s escape, the Vanuatu case status, Australia’s extradition attempt and the missing PNG inquiry report, PNG court refusal to suppress the inquiry report, and Moti’s fear of assassination attempts.  The inquiry report itself was released to Dade on 28 September, and he found the inquiry to be illegal at the end of October.  The issue is on appeal in the PNG court system, barring public debate at this time.

HONIARA, Solomon Islands – Manasseh Sogavare was removed from office this afternoon, making him the first prime minister since Solomon Islands independence in 1978 to be removed on a no confidence motion.  Debates between the sides grew more and more heated in the preceeding weeks, culminating in lawsuits.  The final vote was 25 for the motion and 22 against, with one member abstaining.

The government made an eleventh-hour appeal to Governor General Sir Nathaniel Waena on Sunday to change the parliament meeting date to December 24th, but that request was rejected.  The government maintained its argument  in court proceedings that Waena did not have the power to convene parliament, but the outcome of the court proceedings is now unlikely to matter.

The no confidence motion was the first order of business when parliament convened today at 10am, with police and RAMSI (the Regional Assistance Mission to the Solomon Islands) increasing security in key areas in downtown Honiara.  RAMSI deployment to the Honiara Hotel, where some members of the opposition are based, led to accusations of taking sides.  Deputy commissioner Peter Marshall assured the Solomon Star that, “We want to be fair and balanced and utterly reject any suggestion that RAMSI or PPF is involved in partisan security operations.”  Parliament was declared out-of-bounds to the public today, except for members of the media and local and foreign dignitaries.

Much of the opposition’s arguments against the government centered around Julian Moti, the controversial attorney general of the Solomon Islands, who is wanted in his native Australia on child sex tourism charges.  Although the opposition has said that they will turn Moti over to Australian authorities after ousting Sogavare’s government, there are now concerns that Moti will flee to Fiji.  Fiji’s immigration director, Vilieme Naupoto, has confirmed that Fiji will accept Moti should he choose to travel there, since he is not on their watch list.

The opposition’s media spokesman, George Atkin, described the scene after the successful no confidence vote as friendly and cordial, with “members hug[ging] each other despite their political affiliations” and said that Sogavare “bowed out with humility in his speech.”  Sogavare said that he does not take the vote personally and that he holds no grudges against his former ministers who defected to the opposition, and shook hands with them after the vote.

Atkin also confirmed that the opposition has not yet selected a prime minister, and leader Fred Fono has indicated publicly that he is not interested in the position.  The opposition will caucus tomorrow, and the four likely candidates are considered to be Fono and former Sogavare ministers Gordon Lilo, Dr. Derrick Sikua, and Toswell Kaua.

Observers believe that there will be a major shift in Solomon Islands international relations and its relations with RAMSI once the new government takes power.

For more information, please see:

Solomon Star – Waena rejects gov’t December 24 date – 12 December 2007

Solomon Star – Security beef up for parliament meeting – 12 December 2007

Solomon Times – Solomon Islands Prepares for Political Showdown – 12 December 2007

Solomon Times – Solomon Islands PM Defeated in No-Confidence Motion – 13 December 2007

Islands Business – Debate continues on no confidence motion against Sogavare – 13 December 2007

Islands Business – Sogavare ousted, opposition celebrate win – 13 December 2007

The Australian – Moti plan to flee if Sogavare ousted – 13 December 2007

The Australian – Sogavare out, Moti may face trial here – 13 December 2007

Radio New Zealand International – Solomons leader dumped in vote of no confidence – 13 December 2007

Sydney Morning Herald – Solomon Islands Prime Minister ousted – 14 December 2007

New Zealand Herald – Solomons PM voted out of power – 14 December 2007

BRIEF: Rights Group Says Egypt Terror Case Based on Torture and False Confession

CAIRO, Egypt – Human Rights Watch on Tuesday accused the Egyptian government of using torture and false confessions in a high-profile terrorism case in 2006.

In 74-page report “Anatomy of a State Security Case: The ‘Victorious Sect’ Arrests,” the rights group examines how 22 young Egyptians were tortured into making false confessions about their plan to carry out attacks on tourists and other civilian targets in Cairo. According to the report, there are indications that even the name of the group “Victorious Sect” was created by security agents who arrested them back in February and March 2006.

Although government prosecutors eventually dismissed all charges against the 22 detainees, 10 of them still remain in custody. The rights groups said those who were released are afraid to speak publicly for fear of exposing themselves or their co-defendants to further harassment by state intelligence agency. One of the 22 detainees who did speak out told Human Rights Watch that they were “beaten up with fists and sticks, and kicked around” and the authorities used electricity on different parts of the body, “including sensitive areas.”

For more information, please see:

New York Times – Rights group says Egypt used torture in terror case – 12 December 2007

Human Rights Watch – Torture and Coerced Confessions Used in High-Profile Terrorism Investigation – 11 December 2007

Unted Press International – Rights group Faults Egypt over arrests – 11 December 2007

Former Sudanese Rebels to Rejoin Government

By Elizabeth Costner
Impunity Watch Senior Desk Officer, Africa

KHARTOUM, Sudan – After a two-month absence, the Sudan People’s Liberation Movement (SPLM) have said they will rejoin the national unity government in Sudan.  In October, the SPLM withdrew amid accusations that President Bashir’s National Congress Party was failing to implement the 2005 Comprehensive Peace Agreement which ended the 21-year civil war. 

The SPLM has agreed to end the boycott following a meeting between their leader, First Vice President Salva Kiir and Sudan’s President Omar al-Bashir.  The parties agreed to funding for a census and a timetable to pull troops out of the north-south border.  The government will also move to the southern capital of Juba every three months.

Although there is still no agreement regarding the oil-rich Abyei region, SPLM’s Secretary General Pagan Amum said most issues had been resolved. Abyei “is a complicated question whose resolution requires a lot of efforts and we hope that it will be resolved by December 31 [or] that there will be an agreement on how to resolve it” said a member of Bashir’s National Congress Party. 

The Comprehensive Peace Agreement ended Africa’s longest running civil war that resulted in 2 million deaths and 4 million displaced.  It was largely between Khartoum’s Islamist government and Christian and animist rebels.  The agreement provides for a six-year transition period, which allows the south to retain autonomy and participate in the national government.  A national referendum is scheduled for 2011 on whether to create a separate southern state.

For more information, please see:

BBC News – Sudanese peace deal back on track – 12 December 2007

AFP – Former Sudanese rebels to rejoin unity cabinet – 12 December 2007

Reuters Africa – Sudan moves parliament south to heal rift – 12 December 2007

VOA News – Southern Ministers Set to Rejoin Sudan Government – 12 December 2007