Former Guantanamo Bay Detainees Allege Torture

By Brandon R. Cottrell
Impunity Watch Reporter, North America 

WASHINGTON, D.C., United States – Two former Guantanamo Bay detainees, Nizar Sassi and Mourad Benchallali, who filed a lawsuit alleging torture and mistreatment while at Guantanamo, have asked that retired major general Geoffrey Miller, who was the commander of the prison, be subpoenaed.

Retired Major General Geoffrey Miller, who was a commander at Guantanamo Bay, is alleged to have overseen “a systematic plan of torture.” (Photo Courtesy RNW).

In an expert report that accompanied their lawsuit, Sassi and Benchallali say that Miller “authorized a systematic plan of torture and ill-treatment on persons deprived of their freedom . . . [and] the basic rights of any detainee.”

According to the lawyers for Sassi and Benchallali, the acts performed “constitute[d] torture and violate, at a minimum, the Geneva Conventions prohibition on coercive interrogations.”  As such, Miller “bears individual criminal responsibility for the war crimes and acts of torture inflicted on detainees in US custody.”

Sassi and Benchallali, who were detained from 2001 to 2004 likely suffered from the “enhanced interrogation techniques” that the Bush administration had approved.  Such techniques included “placing detainees in stress positions, stripping them, isolating them for extended periods of time, and exposing them to extreme heat and cold.”  Miller allegedly continued to use these techniques even after then Secretary of Defense Donald Rumsfeld withdrew permission to use those techniques.

The United States has not responded to this subpoena.  Additionally, in January 2012, Sophie Clement, the investigating magistrate, requested access to relevant documents and for permission to interview those who had contact with Sassi and Benchellali—that request has yet to solicit a US response.

Katherine Gallagher, a staff attorney at the Center for Constitutional Rights, said, “that high-level US officials alleged to bear responsibil[ity] for torture continue to enjoy impunity domestically is a stain on the US system of justice.”  She also praised France as a “venue that is willing to investigate torture and assist in providing some measure of justice to the torture survivors.”

Reports of torture at Guantanamo Bay were first brought to the international community’s attention when the International Committee of the Red Cross carried out an investigation, that including interviewing over five hundred individuals.  Their report voiced concern over the lack of a legal system for the inmates and the excessive use of isolation and steel cages and ultimately concluded that the prison had “too much control over the basic needs of detainees.”

 

For further information, please see:

FIDH – Former Guantánamo Detainees Urge French Judge to Subpoena Former Guantánamo Commander for Role in Detainee Torture – 26/2/14

Global Post – Ex-Guantanamo Detainees Ask French Judge To Probe Torture – 26/2/14

Huffington Post – French Judge Asked To Continue Investigation – 26/2/14

Russian Times – Former Gitmo Inmates Urge French Judge To Probe Systematic Torture – 27/2/14

Chinese Police Rescue 382 Babies from Child Trafficking Ring

By Brian Lanciault
Impunity Watch Reporter, Asia

BEIJING, China–China has put an end to at least four child-trafficking rings and arrested more than a thousand people.  The culprits were apprehended for using websites and instant messaging groups to trade babies, Chinese authorities said Friday.

Chinese police have rescued 382 babies and arrested over 1,000 individuals in an online sting that has shutdown a massive human trafficking ring. (Photo Courtesy of AFP).

On February 19, police from 27 provinces across China rescued 382 babies and arrested 1,094 people suspected of buying and selling infants online, China’s Ministry of Public Security said in an online statement posted to its website earlier this week.

The sting was part of a six-month operation launched after police in Beijing and Jiangsu in eastern China received multiple reports of a suspicious website promoting “private” adoptions. Further investigations uncovered a virtual black market — involving four websites, online forums and some 30 groups on a popular Chinese messaging platform — that connected traffickers with potential buyers, and functioned as the gruesome equivalent of stock exchange.

The ministry said that at least a handful of the people arrested confessed to using the trafficking sites.

According to local media reports, 27 suspects were arrested in the country’s southern Sichuan province.  Thirteen babies were also rescued in the area. Another 43 suspects were arrested and eleven babies rescued in Anhui province, in eastern China.

A woman arrested by police in Leshan, Sichuan admitted to buying two baby girls from Wuhan and Chengdu, in August 2013 and January 2014, respectively, Chinese state broadcaster CCTV reported.

Another couple in their mid-30’s told CCTV they used a Chinese website to buy a baby from an expectant teenage couple in Chengdu. They paid 20,000 Yuan (US$3,250) for the child.

Reports have yet to indicate where the other arrests took place.

Child trafficking has become a major issue for the Chinese government, as traffickers seek to profit off a mounting demand for healthy babies from potential adoptive parents both in China and beyond.

Last month, a Chinese doctor received a suspended death sentence for selling babies to a trafficking ring. The woman, an obstetrician at a hospital in Shaanxi province in central China, sold seven babies in six separate transactions.  She prompted the exchanges after persuading her patients that their newborns were sick and should be given up, according to statements posted on the local court’s official microblog account.

The ministry said its investigation into the online baby-trading networks is still ongoing. It did not indicate whether charges have been brought against any of the suspects, or if the trafficking extended beyond China.

For more information, please see:

CNN–Chinese police save hundred of babies from online trading racket–28 February 2014

Times of India–Chinese police crush online trafficking, rescue 382 babies–28 February 2014

US News and World Report–Chinese Babies Saved From Human Trafficking Ring–28 February 2014

Global Times–Police save 382 babies in trafficking crackdown–28 February 2014

Egypt’ Cabinet Resigns, Setting the Stage for Sissi Presidency

By Kathryn Maureen Ryan
Impunity Watch Reporter, Middle East

CAIRO, Egypt – Just three years after the Arab Spring took hold in Egypt, bringing thousands of young people out into the streets to call for democratization and an end President Mubarak’s military regime, a bloody regime characterized by fear and violence, Egypt appears to be moving closer to a new presidency; hand-picked by the state’s military.

Egypt’s interim prime minister announced the resignation of his cabinet on Monday, a an action that could set the stage for the nation’s military chief Abdel Fatah el-Sissi to run for president. (Photo courtesy of the Washington Post)

Egypt’s Prime minister, Hazem al-Beblawy, announced the early resignation of the interim cabinet on Monday. Al-Beblawy was appointed to serve as Egypt’s interim head of government until the nation could elect a new president, however following weeks of criticism his government resigned on Monday. Egypt’s Interim President Adly Mansour reportedly requested that outgoing Prime Minister Hazem al Beblawy – to run the government’s affairs until a new prime minister can be named.

In a speech, al-Beblawy called on the Egyptian people to take greater personal responsibility in solving the nation’s economic and political problems. “It is time we all sacrificed for the good of the country. Rather than asking what Egypt has given us, we should instead be asking what we have done for Egypt,” Beblawy was quoted as saying in state-run media. He added that while in office his government has “made every effort to get Egypt out of the narrow tunnel in terms of security, economic pressures and political confusion.”

The sudden resignation of the interim government paves the way for army chief Field Marshal Abdel Fatah el-Sissi to announce his candidacy for the presidency.

Sissi, was a member of the interim candidate, serving as Defence Minister. The government resignation was seen as necessary because he would first have to leave his office in order to run for the Presidency.

According to one Egyptian official, this action was sees as a necessary move ahead of Sissi’s announcement that he will seek the Presidency. The official also said that the entire cabinet resigned in one move in order to create an image of unity and make it seem that Sissi was not acting alone.

The presidential elections will be the first held since the overthrow of Egypt’s first democracy elected President Mohamed Morsi, a move may considered the beginning of a pendulum swing back to the old politics of the Mubarak regime, sparked the bloodiest rise in modern Egyptian history. Egyptian security forces killed hundreds and arrested thousands of Islamists and supporters of the Muslim Brotherhood.

The Muslim Brotherhood has accused Sissi of planning a coup to remove the democratically elected Morsi regime from power in order to restore a military-centric doctoral government similar to that which existed under President Mubarak.

For more information please see:

Al Arabiya – Egypt’s Govt Resigns, Sparking Controversy – 24 February 2014

The Guardian – Egypt’s Prime Minister and Cabinet Resign – 24 February 2014

The Washington Post – Egyptian Cabinet Resigns, Paving Way for Military Chief To Run For President – 24 February 2014

The Washington Post – Egypt’s Cabinet Resigns, Sets Stage for Presidency – 24 February 2014

 

China Charges Prominent Scholar with “Separatism”

By Brian Lanciault
Impunity Watch Reporter, Asia

BEIJING, China–Security officials in China’s far western borderlands have formally arrested a scholar and hero of the country’s ethnic Uighurs on charges of provoking separatism.

Ilham Tohti, a prominent Uighur scholar, was detained for over a month and is now facing charges of propagating separatism. (Photo Courtesy of New York Times).

Authorities have confirmed that the scholar, Ilham Tohti, was being held in Urumqi, the capital of the Xinjiang Uighur Autonomous Region, which is about 2,000 miles from Mr. Tohti’s home in Beijing.

The detention has been anticipated for some time, but the formal arrest of Mr. Tohti underscores the government’s determination to silence one of the few moderate voices for China’s beleaguered Uighurs, a predominantly Sunni Muslim people who speak a Turkic language.

An economics professor in Beijing, Mr. Tohti, 44, was an outspoken but careful critic of Chinese policies in Xinjian.  The energy-rich region that adjoins several Central Asian nations is a bit of a geopolitical minefield.  Tensions between Uighurs and Chinese security forces have turned increasingly more volatile, with almost weekly clashes that in recent months have taken more than 100 lives.

Security officials said Mr. Tohti had contributed to increasing such tensions through his classroom lectures and writings, a charge rejected by his supporters.

“The accusations are baseless,” said his lawyer, Li Fangping.

Mr. Tohti’s wife, Guzaili Nu’er, said her husband’s life was an open book, largely because his every word — like his movements — was closely monitored by the authorities.  “He is a sensible, educated man who just studied human rights, culture and religion in Xinjiang,” she said. “A separatist? Now that’s beyond the pale.”

Speaking from Urumqi, Mr. Li said he had been unable to see Mr. Tohti, who has been held in isolation since the police raided his Beijing apartment six weeks ago.  Security officials in Xinjiang on Wednesday did not respond to inquiries from reporters.

Even in China’s highly politicized judicial system, where political offenders almost never prevail in court, charges of separatism are notoriously and especially difficult to defend, experts say.

Under Chinese law, the mere highlighting of ethnic problems in places like Xinjiang and Tibet can be deemed as threats to national unity because the state refuses to acknowledge that such frictions exist.

Nicholas Bequelin, a senior researcher at Human Rights Watch in Hong Kong, said Mr. Tohti was widely known for his advocacy of Uighur rights and autonomy — guarantees enshrined in the Chinese Constitution — but never advocated independence for China’s 10 million Uighurs.

“In the eyes of the authorities, if you are flagging legitimate problems with policies in the region, you are essentially raising the dissatisfaction level of the people who are subjected to these policies,” Mr. Bequelin said. “It’s not a legal test but a political test. There is no defense.”

The penalties range from 10 years to death.

For more information, please see:

Al Jazeera–China charges Uighur academic with separatism–25 February 2014

New York Times–China Charges Scholar With Fomenting Separatism–26 February 2014

UNPO–East Turkestan: Tensions Over Arbitrary Detention of Ilham Tohti–26 February 2014

Voice of America–Uighur Group Slams China’s Charges Against Intellectuals–26 Feburary 2014