A Voice for the Voiceless

Israel releases Palestinian prisoners to Gaza after delay

By Laura Zuber
Impunity Watch Reporter, Middle East

GAZA CITY, Gaza – On October 2, an Israeli bus drove to the Erez border crossing and released 29 Palestinians who were, until recently, held in Israeli prisons.  These prisoners were the first to return to Gaza since Hamas took over in June.  These prisoners join 57 others who were released into the West Bank on October 1.

The release of the Gaza prisoners was scheduled for October 1 but was delayed.  The delay was blamed on a variety of reasons; the most frequently cited reason is that President Peres did not sign their pardons.  There are rumors of conflict between Prime Minister Olmert and various Israeli officials, including Israeli Defense Force Chief of Staff, Gabi Ashkenazi.  Ashkenazi allegedly sent a letter to Peres and other members of the Israeli government, stating that it was immoral to release the prisoners while Gaza militants refused to release Gilad Schalit, an Israeli soldier captured during a cross-border raid last year.

None of the prisoners released had “blood on their hands;” referring to the fact that none of the prisoners were convicted of deadly attacks on Israelis.  Prior to release, the prisoners had to sign an agreement not to engage in terrorists attacks against Israel.  On September 30, the Israeli Supreme Court decline to grant a request by the Almagor Terror Victims Association to delay the release.  According to Almagor, there are dozens of documented cases in which freed prisoners return to active terrorism.

A majority of those released were members of Abbas’ Fatah party; none were members of Hamas.  One individual scheduled for release was kept after Israeli officials discovered that he was a member of Hamas.  It is said that Israel’s purpose behind the release was to bolster support for Abbas and the Fatah party. Prisoner release is a central demand of Palestinian leaders in any future peace agreement with Israel.

Over 11,000 Palestinians are currently in Israeli prisons.  Many are minors (under 18 years old) and/or women.  Also, many are detained without formally being charged with any crime.  The UN estimates that Israeli troops detain an average of 101 new Palestinians per month.

For more information, please see:

Al Jazeera – Shooting mars Gaza prisoner release – 2 October 2007

Associated Press – Israel completes release of 86 prisoners – 2 October 2007

BCC – Israel frees Gaza Strip detainees – 2 October 2007

Ha’aretz – Olmert denies tension with Ashkenazi over prisoner release – 2 October 2007

New York Times – Israel completes prisoner release as it frees 29 – 2 October 2007

Yedoith News – Barak: Chief of Staff’s reservations over prisoner release legitimate – 2 October 2007

Arutz Sheva – 87 terrorists being released today – 1 October 2007

Guardian – Israel frees 57 Palestinians – 1 October 2007

Middle East Times – Israel releases 57 Palestinian prisoners – 1 October 2007

Turkey: President Gul desires more Freedom of Expression

By Vivek Thiagarajan
Impunity Watch Senior Desk Officer, Middle East

STRASBOURG, France- In his effort to make Turkey more attractive to the European Union, Turkish President Abdullah Gul announced his desire to change article 301 of the Turkish Legal Code.

Article 301 of the Turkish Legal Code was introduced in June 2005.  The purpose of the code is to protect “Turkishness.”  (Amnesty International)  The law prevents the “[p]ublic denigration of Turkishness, . . . the Government of the Republic of Turkey, the judicial institutions of the State, the military or security structures,” and violators of the law can be subject to up to three years of imprisonment.  (Amnesty International)

Article 301 has been used to prosecute many notable Turks for insulting “Turkishness”, including Nobel Laurerate Orhan Pamuk and Armenian news journalist Hrant Dink.  Orhan Pamuk was arrested because of his comment to a Swiss news source that 30,000 Kurds and 1,000,000 Armenians were killed and ignored by the Turkish government.  (AI)  Hrant Dink, editor in chief of the Turkish newspaper Agos, suffered six months of imprisonment and was murdered by a ultra nationalist.

Although President Gul stressed that although no one is currently being detained on article 301 charges, he still believes that the law should be modified. A less restrictive version of the law will encourage a more open critique Turkey’s history and its current conditions. The right of the freedom of expression is a necessary right to protect a state from future impunity and the reform of article 301 may create more public accountability for the government’s actions.  A revision of Article 301 of the Turkish Legal Code could be a major step in the right direction to protect the people of Turkey.

For more information, please see:

Amnesty International- Turkey: Article 301 is a threat to freedom of expression and must be repealed now!- 1 December 2005

New York Times (AP)- Turkey’s President Seeks to Change Law That Criminalizes Insults to Turkish Identity- 3 October 2007

International Herald Tribune (Reuters)- President of Turkey defends rights record- 3 October 2007

BRIEF: SLCMP Addresses New Government in Sierra Leone

FREETOWN, Sierra Leone – The Sierra Leone Court Monitoring Programme (SLCMP) issued a press release on Monday congratulating President Ernest Bai Koroma and the APC party in their recent election win following a fair and free election. The SLCMP also reiterated the core recommendations of the Truth and Reconciliation Commission (TRC) issued in 2005 and urged the new government to see those recommendations as a “blueprint for change in Sierra Leone.”  Sierra Leone’s TRC is unique in that it creates an obligation on the government to follow its recommendations and the new President could send a strong signal that he is committed to following that law and to ensuring that the recommendations are implemented.  The topics addressed include: protection of human rights, establishment of the rule of law, security services, promoting good governance, youth, women, children, national reconciliation, and the reparation programme.

Update on DRC

By Meryl White
Impunity Watch Reporter, Africa

NORTH KIVU, Democratic Republic of Congo – A United Nations source has revealed to the BBC that the Congolese Mai Mai militia and Hutu troops have formed the Front for the Liberation of North Kivu (‘FLNK”). The BBC has revealed that FLNK currently patrols with the army in eastern DRC to counter General Laurent Nkunda’s militia. Nevertheless, the United Nations and the Congolese army both deny coordinating tactical efforts with rebel groups.

General Nkunda is currently backing DR Congo’s Tutsis population. He claims that he is protecting Tutsis from Hutus who escaped Rwanda and entered into the DR Congo after the 1994 Rwandan genocide. Nkunda believes that Hutus in DRC have formed the Democratic Liberation Forces of Rwanda (FDLR). The Rwandan government denies supporting General Nkunda.

Eusebe Hounsokou, the representative of the UN Refugee Agency (UNHCR) in the Democratic Republic of Congo (DRC), said “While there is a slight reduction in tension in the province because the fighting has decreased, we are concerned that this may affect our access to the displaced.”

In Goma, the provincial capital, relief workers are preparing to accommodate at least 1,900 displaced families. The site’s capacity can hold 10,000 to 12,000 people.

In the Masisi district, more than 16,000 people are sheltering along the roads that connect the villages.

The UN World Health Organisation (WHO) has reported nine suspected cases of cholera, with one death. The International Rescue Committee will “deploy operations in this area shortly”.

For more information, please see:

BBC – Dr Congo Hutu front ‘helps’ army – 2 October 2007

AllAfrica.com – Congo-Kinshasa: Troop Build-Up in North Kivu Worrying – UN Official – 2 October 2007

Gulf Times – UN refugee agency repeats warning on Congo violence – 30 September 2007

African Union Peacekeepers Attacked in Darfur

By Elizabeth Costner
Impunity Watch Senior Desk Officer, Africa

KHARTOUM, Sudan – An African Union base was attacked Sunday, leaving ten peacekeepers dead and several missing.  The attack came just after sunset, at the end of Ramadan.  Survivors have said the rebels used several armored vehicles and rocket-propelled grenades and took the base completely by surprise.  The peacekeepers were able to repel the first attack, however a second battle raged for hours. The rebels stormed the camp around 4 am on Sunday when several peacekeepers were out of ammunition and therefore forced to take cover in a ditch.  Early Sunday the Sudanese army arrived and the rebels left.  It is unknown whether force was used by the army.

Two Sudanese rebel groups are suspected of being behind the attacks. Reports from both the African Union and the Khartoum government have indicated that the attack was the result of an alliance between two rebel groups.  The Justice and Equality Movement and the Sudanese Liberation Army’s Unity faction both had troops in the area.

Meanwhile, a rebel faction is accusing the Khartoum government of having responsibility for the deaths. Nouri Abdalla, the spokesman for a faction of the Sudanese Liberation Movement in Kampala, Uganda, stated that his group believes the government orchestrated the attack in order to slow deployment of the joint AU-UN peacekeeping force that was recently approved by the United Nations Security Council.

On Monday, Human Rights Watch issued a press release, stating that the attack was a war crime and should be investigated accordingly.

Several rebel groups are scheduled to begin peace negotiations with the government October 27 in Liberia, however this recent attack and subsequent accusations of blame may complicate the preparations.  The peace conference is aimed at broadening the Darfur peace agreement signed in May 2006 between Khartoum and the main rebel movement to include the remaining rebel groups that did not sign.

Since the conflict in Darfur began in 2003, over 200,000 people have died and more than 2 million have been displaced.

For more information, please see:

Voice of America – Rebel Support for Darfur Negotiations Wanes After AU Attack – 2 October 2007

AFP – Rebels suspected in Darfur peacekeeping killings – 2 October 2007

ABC News (AP) – Rebel Attack Came at End of Ramadan Fast – 1 October 2007

Human Rights Watch – Sudan: Peacekeeper Killings are War Crimes – 1 October 2007

For a review of the conflict in Darfur, please see:

Retuers – Key facts about the Darfur conflict – 1 October 2007