Russian Prosecutor Seeks Moscow Court to Declare Sergei Magnitsky Guilty and Not Be Rehabilitated in First Posthumous Trial in Russian History

PRESS RELEASE

3 July 2013 – Today, the Russian prosecutor has asked the Tverskoi court in Moscow to declare that Sergei Magnitsky was guilty and that he should be refused rehabilitation. The request was made during the last session of the trial of Sergei Magnitsky who has been deceased for three and a half years after being tortured and killed in police custody.

The prosecutor asked the court not to apply any punishment to Sergei Magnitsky, and to cease the case with the verdict of guilty and no chance of future rehabilitation.

“Magnitsky is fully incriminated, and there are no grounds for his rehabilitation,” said prosecutor according to Interfax news agency (http://www.interfax.ru/russia/txt.asp?id=316392).

“We are witnessing a Kafka show trial in real time,” said a Hermitage Capital representative.

The court will announce its decision next week, on 11 July. The presiding judge in the Tverskoi District Court in Moscow is Igor Alisov, the same judge who refused in 2011 to hear the application from Sergei Magnitsky’s mother who challenged the posthumous proceeding against her son as immoral and being contrary to the Russian Constitution. Magnitsky’s mother has since received a letter from the Constitutional Court which reiterated that the posthumous proceedings are only allowed at the relatives’ request and only for the purpose of rehabilitation. In this case, the posthumous trial was initiated by the prosecutor’s office against the will of Magnitsky’s family.

Judge Igor Alisov was also responsible in 2011 for exonerating all officials implicated by Sergei Magnitsky in the theft of Hermitage Fund’s companies and their $230 million tax payments. Instead, in a fast-track hearing in which he heard no evidence, he placed the blame for the $230 million theft on an unemployed ex convict, Mr Khlebnikov, relying exclusively on Mr Khlebnikov’s own testimony.

The posthumous trial against Sergei Magnitsky has been condemned by numerous international bodies, including Amnesty International and International Bar Association.

For further information, please see:

Law and Order in Russia

Texas Legislature Limits Constituent Involvement in Proposed Abortion Legislation

by Michael Yoakum
Impunity Watch Reporter, North America

WASHINGTON, D.C., United States – Texas governor Rick Perry called a special session of the Texas Legislature over the weekend to pass four bills that went unresolved at the close of the previous special session.  This new special session, which began Monday, has been heavily protested over attempts to revive a controversial new piece of abortion legislation.

Of the more than 2000 Texas residents who signed up to testify before the sub-committee, fewer than 100 had a chance to speak. (Photo courtesy of NBC News)

Wendy Davis, a state senator from Fort Worth, garnered national attention for the state legislature when she successfully filibustered the new abortion legislation, forcing the build to die at the previous special session’s conclusion.  While pro-choice advocates rejoiced at Davis’s stand last week, this new special session will likely see the bill pass.

This new bill would prohibit abortions after twenty weeks and would require the procedure to be performed at an “ambulatory surgical center.”  Thirty seven of the forty two facilities that preform abortions in Texas do not meet the proposed bill’s requirements.

The bill was referred to the appropriate sub-committee on Monday, which took measures to limit discussion on the bill. House Republicans chose a committee room that seated 64 in an effort to limit the number of resident who would be allowed to testify. BBC reports that the sub-committee chairman, Byron Cook, limited testimony to eight hours, saying that the panel had heard enough from constituents.

The crowd of protestors poised to overwhelm police in the capital on Tuesday until rooms were provided for them to watch the sub-committee proceedings on closed circuit TV.

Republicans on the sub-committee refused to allow amendments proposed by Democratic members. The bill passed along party lines after midnight on July 4 and will proceed to the full House with the same language as the bill filibustered last week.

The bill is set for debate before the House early next week and is expected to pass the Republican-controlled House and Senate against the protests of the Democratic minority and pro-choice advocates.  Governor Perry has vowed to sign the bill as proposed.

For more information, please see:

BBC News – Texas abortion bill advances after limited testimony – 3 July 2013

CNN – Texas GOP skirts law on anti-abortion bill – 3 July 2013

International Business Times – Texas Abortion Bill Clears First Hurdle In House As Supporters And Opponents Rally At State Capitol – 3 July 2013

NBC News – Public input limited as Texas anti-abortion bill comes back up for debate – 2 July 2013

CBS News – Texas Senate to revive abortion bill debate – 1 July 2013

Egyptian President Morsi Ousted By Military

By Thomas Murphy
Impunity Watch Reporter, Middle East

CAIRO, Egypt – Egypt’s military has seized control of the country and forced President Morsi out of office.  Adly Mansour, the Chief Justice of the country’s top court, has been sworn in as the interim president.

Egypt’s new interim president Adly Mansour. (Photo Courtesy of AFP)

The events of the last four days unfolded rather quickly.  Initially, protesters began gathering in Tahrir Square on the night of Thursday, the 28th, for planned weekend protests in opposition of President Morsi.  By Sunday, protesters across Cairo and the entire country reportedly numbered in the millions.

On Monday, General Abdel Fattah al-Sisi, the highest ranking Egyptian military officer, gave President Morsi a 48-hour ultimatum to come to an agreement with the protesters and opposition parties or face military intervention. Morsi balked at the ultimatum and refused offers from the opposition to negotiate until offering a last second plan for a coalition government that the military and opposition leaders saw as too little, too late.

The military’s ultimatum carried with it a 5:00 P.M. Wednesday deadline.  When the deadline passed, the military began deploying armed forces around Cairo and detaining key Muslim Brotherhood political officials including President Morsi.

In a statement posted on the Egyptian Presidency Facebook page, Essam El-Haddad, Egypt’s national security adviser called the on-going situation “a full military coup.”

Late Wednesday, opposition leader Mohammed ElBaradei and religious leaders made a televised a statement regarding the military’s future plans for the government according to the state news agency.  The military’s road map provides for a brief period of rule under a civilian leadership council followed by new presidential and parliamentary elections.  However, it has not been made clear exactly when elections will take place.

Cheif Justice Mansour was sworn in before the Constitutional Court on Thursday and addressed the public.  He emphasized that the Muslim Brotherhood were still a part of the people and would not be excluded.

“I swear by God to uphold the Republican system and respect the constitution and law… and safeguard the people and protect the nation,” he said.  “[…] Nobody will be excluded, and if they responded to the invitation, they will be welcomed.”

To the contrary, Egyptian authorities have ordered the arrests of Muslim Brotherhood leaders and officials.  At least a dozen have already been taken into custody including Saad El Katatni, leader of the Muslim Brotherhood’s Freedom and Justice Party, and President Morsi, who is under house arrest.

For further information, please see:

Al Jazeera – Top judge sworn in as Egypt interim president – 4 July 2013

Al Jazeera – Profile: Egypt’s interim leader Adly Mansour – 4 July 2013

Washington Post – Top Muslim Brotherhood officials ordered arrested as Egypt appoints interim president – 4 July 2013

BBC – Egypt army deployed amid Cairo tension– 3 July 2013

New York Times – Before Protests, Morsi Takes Critics Head On – 27 June 2013

Seven Saudi Arabian activists jailed for peaceful protest via Facebook

by Darrin Simmons
Impunity Watch Reporter, Middle East

RIYADH, Saudi Arabia – The use of Facebook has recently caused problems for seven Saudi Arabian activists who received prison terms for inciting riots on the social network site.  The activists were held for a year and a half before being sentenced by a special tribunal handling terrorism related cases.

Facebook usage has led to seven Saudi activists being jailed for peaceful protest (photo courtesy of Aljazeera)

After the leading Shia cleric, Tawfiq al-Amer, was jailed for a year without trial beginning in 2011 for calling for a constitutional monarchy, the seven activists took to Facebook to express their support for al-Amer.

Each of the seven received varying amounts of jail time ranging from five to ten years.  The activist who set up the Facebook account received ten years for allegedly providing information on how to perform the best protesting techniques.

Human Rights Watch (HRW), a New York rights group, reported that the Saudi activists, who weren’t even charged with actively participating in the riots, have been subjected to a violation of their right to voice their opinion and hold a peaceful protest.

“Sending people off to years in prison for peaceful Facebook posts sends a strong message that there’s no safe way to speak out in Saudi Arabia, even on online social networks,” claimed the deputy Middle East director of HRW, Joe Stork.

The seven activists were banned from travelling for any additional periods of time and several of the them claimed that they were tortured into signing confessions, reported HRW.  The Saudi Interior Ministry has not been available to comment or make an official statement.

HRW also insisted that Catherine Ashton, European Union foreign policy chief, condemn the conviction as she and other European officials were attending a discussion in Bahrain with other members of the Gulf States.

Every activist is from East Province, an area that has experienced protests and disturbance amongst the minority Shi’ites who have alleged discrimination and negligence against the Riyadh government.

Major discontent amongst Shias and Shi’ites has been seen throughout Saudi Arabia with at least twenty people being killed by security forces since 2011.  Last Thursday, a protest was held at the funeral of a wanted man killed by the police with thousands gathering to express their dissent of the ruling al-Saud family.

Sebastian Usher, the BBC World Service’s Middle East editor, reported that the activists received their sentences because their case involved two highly controversial aspects that concern the Saudi Arabian government: “political criticism expressed online and protests staged by the Shia minority in the east of the country.”

One Saudi-based human rights campaigner said, “The sectarian situation in the region made the sentences tough and unreasonable.”  As tension increases among the sects, one wonders what freedom will next be taken away for the Saudi Arabian people.

For further information, please see the following: 

National – Seven Saudis jailed for up to a decade for protest call on Facebook – 1 Jul. 2013

Aljazeera – Saudis jailed for urging protests on Facebook – 30 Jun. 2013

BBC – Saudi Arabia court jails seven Facebook cyber activists – 30 Jun. 2013

Reuters – Seven Saudis jailed for urging protests on Facebook: HRW – 30 Jun. 2013

 

Bahrain Teenager Sentenced to One Year in Prison over a Tweet

By Kathryn Maureen Ryan
Impunity Watch Reporter, Middle East

MANAMA, Bahrain—A lower criminal court in Bahrain, led by a member of the Bahraini royal family, sentenced 17-year-old Ali Al Shofa to serve a year in prison for insulting remarks made about King Hamad bin Isa Al Khalifah of Bahrain. According to The Bahrain Centre for Human Rights (BCHR), Ali Al Shofa was arrested in a house raid in March and held in jail for two months while his case was under investigation. The 17-year-old was accused of tweeting insulting comments about Sheikh Hamad Al-Khalifa on the Twitter Account @alkawarahnews. He denied any relationship with this account and his lawyer submitted evidence that despite his client’s lack of access to the web the account was still being run by other people.

Ali Al Shofa, age 17, was sentenced to a year in prison for allegedly insulting the king. (Photo courtesy of Al Jazeera)

The sentencing appears to be a part of a wider crackdown on freedom of speech in Bahrain which has been occurring since the Arab Spring spread to the region in 2011.Earlier this year five Bahraini men were tried separately for allegedly insulting the Bahraini ruler via Twitter, each was sentenced to serve a year in prison. 25-year-old Bahraini lawyer Mahdi al-Basri, was arrested after the police conducted a raid on his home in Karrana. 34-year-old Mahmood ‘Abdul-Majeed ‘Abdullah Al-Jamri, 33-year-old Hassan ‘Abdali ‘Issa, 26-year-old Mohsen ‘Abdali ‘Issa, 36-year-old and ‘Ammar Makki Mohammad Al-Aali, 36, were all detained the day after Mahdi al-Basri’s arrest a day later. The Five men were sentenced to one year imprisonment on May 15, 2013.Mahdi al-Basri was accused of tweeting insulting Twitter messages in June 2012 on an account that was allegedly traced back to his IP address. He has denied all charges and argues that the tweets he was accused of posting were not tweeted from his personal Twitter account.

Amnesty Internati0onal has called for the immediate release of the accused men.  Hassiba Hadj Sahraoui, Middle East and North Africa Deputy Director at Amnesty International said “The authorities in Bahrain seem to be using every trick in the book to stop people from expressing their views.”

Amnesty International has argued that two years after the uprising in Bahrain, despite the government’s claims of having implemented reforms aimed at addressing the concerns of the Bahraini people, Bahrain has begun to further crack down on freedom of expression. On April 14, 2013 the country’s cabinet endorsed an amendment to Article 214 of the Penal Code. The amendment increases the penalty for insulting King Hamad bin Isa Al Khalifah, the country’s flag and other national symbols. The Amendment would make any insulting comment mad about the king or notational symbols punishable by steep fines and up to five years in prison.

The United States Department of State issued a report in April 2013 which claimed that the situation in Bahrain has not improved since the uprising two years ago. The Report said that “the most serious human rights problems included citizens’ inability to change their government peacefully” the report alleged that protesters are often detained on vague charges which in some cases have let to torture in prisons.

Albawaba – Bahrain Student Sentenced for Insulting King on Twitter – 30 June 2013

Al Jazeera – Bahrain Student Sentenced for Insulting King – 29 June 2013

Amnesty International – Bahrain Must Release Twitter Users Jailed for Allegedly Insulting the King – 16 May 2013

Al Jazeera – Bahrain Rejects US Report on Human Rights – 25 April 2013