Civil Unrest in Iran Following the Untimely Death of Mahsa Amini

By: Marissa Freeman

Journal of Global Rights and Organizations, Senior Articles Editor

TEHRAN, Iran – The wearing or not wearing of the hijab has been a controversial topic in Iran for many years, mainly because the way Iranian women dress is very different based on their socioeconomic, religious, cultural, and political backgrounds.  The use of the hijab first became the subject of legislation in 1936 by Monarch, Reza Shah. Shah wanted women to remove their veil or “hijab” under his “unveiling” order. Shah’s vision of modernity included changing what Iranian women had to wear. As such, from 1941-1979 there were no laws requiring Iranian women to wear hijabs. However, the 1979 Islamic Revolution reintroduced the idea of hijab guidelines and since April 1983, Iranian women have been legally obligated to wear their hijab in public–including non-Muslims and foreigners visiting Iran. It is important to note, however, that the crimes of “bad hijab” or “improper hijab” are not defined by law, therefore, morality police are given wide discretion and may “crackdown” on women at their choosing. If a woman is found to be improperly wearing her hijab in public, she is usually escorted by the morality police to a class where she is mandated to sign a form assuring that she will never commit such an offense again. These women are also forced to learn Islamic values as a means of “rehabilitation”.

Protester holds a portrait of Mahsa Amini during a hijab protest in Istanbul on September 20, 2022. Photo courtesy of Getty Images.
Protester holds a portrait of Mahsa Amini during a hijab protest in Istanbul on September 20, 2022. Photo courtesy of Getty Images.

During the past few decades, Iranian women’s groups (and men) have protested, seeking change in the current hijab laws. Iranian women have fought this notion of “proper dress” by wearing the clothing and makeup they choose to, putting themselves at risk of criminal punishment. This resistance and unrest in Iran has skyrocketed following the death of Mahsa Amini–a twenty-two-year-old woman–while in the custody of Iran’s morality police. Amini was accused of improperly wearing her hijab or “cover” and was taken by Iranian morality police where she was beaten into a state of unconsciousness. Sadly, Amini passed away, succumbing to a heart attack as a result of her severe injuries. Following Amini’s death, thousands have joined protest efforts throughout Iran. In response to these demonstrations, Iranian security forces have responded with live ammunition– killing, injuring, and arresting protesters. As of September 27, the death toll was 41, but this number has likely increased.

The Office of the High Commissioner for Human Rights (“OHCHR”)–the leading United Nations (“UN”) entity in the area of human rights–has expressed great concern with Iran’s violent response to the growing hijab protests. UN Secretary-General António Guterres has publicly pleaded with Iranian security forces to stop using “unnecessary or disproportionate force”. Further, the OHCHR has publicly reminded Iranian authorities to “fully respect the rights to freedom of opinion, expression, peaceful assembly and association, as a State party to the International Covenant on Civil and Political Rights.” With this rise in protests and public support from UN members, there is hope among Iranians that the mandatory hijab laws will be reformed in accordance with modern belief.

 

For further information, please see:

The Conversation – Hijab law in Iran over the decades: the continuing battle for reform – 7 Oct. 2022

Deadline – Hackers Interrupt Iranian State TV News Bulletin In Protest Following Death of Mahsa Amini – watch – 9 Oct. 2022

MSNBC – Why Mahsa Amini’s death could be a turning point for women in Iran – 30 Sept. 2022

UN News – Iran: UN condemns violent crackdown against hijab protests – 27 Sept. 2022

“The Beauty of the law is that There is no Place to Hide.” Trial of Mahamat Said Opens

By: Nikolaus Merz

Impunity Watch News Staff Writer

THE HAGUE, Netherlands – On Monday September 26th, 2022, the trial of Mahamat Said Abdel Kani began in the sixth chamber of the International Criminal Court with opening remarks by the prosecution.

Mr. Said at the opening of his trial. For his role as de facto commander of the Central Office for the Repression of Banditry, Mr. Said is accused of War Crimes and Crimes Against Humanity under the Rome Statute. Photo courtesy of the International Criminal Court.

The Central African Republic (“CAR”) devolved into civil conflict in 2012, as the anti-government militia group the “Seleka” began armed resistance against President François Bozizé’s government. As the Seleka advanced and occupied the CAR capital of Bangui, they incorporated existing institutions and structures into their organization. In particular, the Central Office for the Repression of Banditry, or “OCRB,” was repurposed by the Seleka to suppress perceived resistance to the militia. Mr. Said, having been appointed de-facto commander of the OCRB by his superiors, had full authority over the Seleka elements within the OCRB in Bangui.

Shortly after establishing a basis of control, Seleka began persecuting people believed to be threats to its power; predominantly targeting Christians, members of the Gbaya tribe, and others with perceived ties to the government of François Bozizé. The OCRB under Seleka control is accused of extorting, harassing, and abducting civilians – often without evidence or justification.

Once in OCRB custody, victims would be held under inhumane conditions, including cramped, overcrowded cells, as well as pits in the earth. Witnesses are expected to testify that the few times they could leave the cells were to be beaten by members of the Seleka. Victims were frequently tortured by a variety of methods, including (but not limited to): being whipped while having gravel on their backs (so as to enhance the pain of the whipping), having their body parts be pulled with pliers, and having their limbs bound in such positions to cause extreme agony and even partial paralysis.

The arrest warrant for Mr. Said was issued in 2019, and he only recently entered International Criminal Court (“ICC”) custody in late 2021. Following a pre-trial decision confirming the charges, Mr. Said stands accused of seven counts of War Crimes and Crimes Against Humanity stemming from eighteen instances of “attritional violence.” The counts include deprivation of liberty, torture, outrages upon personal dignity, and persecution among others.

At the beginning of his trial, Mr. Said pled not guilty to all charges against him.

Prosecutor Khan, delivering the opening statement of the prosecution, highlighted the resolve of Mr. Said’s victims, as well as the long and arduous journey the case has endured to date. Prosecutor Khan further emphasized the sense of justice the case invoked, which reverberated to the core principles of the ICC, saying in simple yet powerful terms “the beauty of the law is that there is no place to hide.” The prosecution is expected to call 43 witnesses during the course of the trial.

The Court will convict Mr. Said only if the charges have been proven beyond a reasonable doubt.

For further information, please see:

ICC – Case Information Sheet – The Prosecution v. Mahamat Said Abdel Kani – Aug. 2022

ICC – Decision on the confirmation of charges against Mahamat Said Abdel Kani – 9 Dec. 2021

ICC – Public Redacted Version of ‘Warrant of Arrest for Mahamat Said Abdel Kani’ – 7 Jan. 2019

ICC – Said trial opens at International Criminal Court – 26 Sept. 2022

IntlCriminalCourt – Said case: Trial opening, 26 September 2022 – 1st session FLOOR – 26 Sept. 2022

Court Determines Mexico Responsible for Failures in Investigation into Death of Human Rights Defender

By: Sallie Moppert

Journal of Global Rights and Organizations, Associate Articles Editor

SAN JOSE, Costa Rica — In a judgment handed down by the Inter-American Court of Human Rights, IACHR, Mexico was deemed to be internationally responsible for the failures of the investigation into the death of human rights activist Digna Ochoa y Plácido in October of 2001. The court determined that the “serious shortcomings” of the investigation into Ochoa’s death constituted a violation of the obligation to guarantee to the right of life for Ochoa in addition to a violation of the right to the truth on behalf of Ochoa’s family.

A woman leaves a tribute at a memorial set up for Digna Ochoa
after her assassination in 2001. Photo courtesy of Reforma.

Ochoa was a human rights lawyer and activist in Mexico. Prior to her death, she endured many threats and attacks against her in response to her human rights defense work. With the continued threats to her safety, Ochoa, with support and accompanied by the Center for Justice and International Law (CEJIL) and la Red de Organismos Civiles de Derechos Humanos, came before the IACHR in 1999 to obtain preventative measures and later provisional measures to combat the continued threats and attacks. The protective measures were granted and in place for two years before IACHR terminated the provisional measures in 2001. Ochoa was assassinated two months after the protective measures were lifted.

The IACHR ruled that the investigation into Ochoa’s death was biased and corrupted from its inception. Although her body was found to have multiple gunshot wounds, Mexican officials determined that Ochoa’s death was a suicide, so the investigation was halted and the case deemed to be closed. In addition, the IACHR found that there was little equal protection under the law for Ochoa and females in general, as gender stereotypes were relied upon and intimate and personal aspects of Ochoa’s life were used against her to question her credibility. “[A]s a result of the deficient investigation and the discourse of state agents aimed at insulting her public image, the defender’s right to honor and dignity was also prejudiced,” the court found. The court also found that Mexican officials had failures in its handling of the crime scene, its documentation and the forensic autopsy, along with not investigating the facts within a reasonable time frame.

Along with its judgment, the IACHR ordered Mexico to take several measures of reparation, with the main order being to continue the necessary investigations to determine the circumstances surrounding Ochoa’s death. Other reparations included: making a public act of acknowledgment of international responsibility, creating an award for the defense of human rights that is to be named after Ochoa, and creating and then implementing a specific and specialized protocol for the investigation into attacks of human rights activists at a federal level, among others.

For further information, please see:

Center for Justice and International Law – Cejil 30 Years: Digna Ochoa

Inter-American Court of Human Rights – Judgment of the Inter-American Court in the Case of Digna Ochoa and relatives v. Mexico: The State is responsible for the serious failures in the investigation of the death of human rights defender Digna Ochoa – Jan. 19, 2022

Reforma – Llevan a Corte IDH caso de Digna Ochoa – Feb. 18, 2020