Somali Court Clears Woman Convicted in Rape Case

By Heba Girgis
Impunity Watch Reporter, Africa

MOGADISHU, Somalia—Yesterday, Sunday, March 3, 2013, a Somali appeals court dropped charges against a woman who alleged that she was raped by government security forces and had been convicted of defaming the government.

Somali government soldiers in Mogadishu. The woman’s trial has been linked to media coverage of high levels of rape among government security forces. (Photo Courtesy of The Guardian)

The appeals court Judge Mohamed Hassan Ali said that there was not enough evidence to substantiate the prosecution’s charge. A court last month had sentenced the woman to one year in prison after medical evidence entered into the record showed that perhaps the woman was not raped. Many experts, however, questioned whether Somalia actually has the medical expertise to make this kind of a judgment.

The journalist who interviewed the rape victim was also tried and convicted for defaming the government. His sentence was reduced from one year to six months. The judge stated that the interview was not conducted according to Somali law or Somali journalism ethics.

The verdict against both the journalist and the victim provoked international attention and outcry. Human rights groups including Human Rights Watch said they were not satisfied with the appeals court’s decision. Daniel Bekele, the Africa director for Human Rights Watch said, “The court of appeals missed a chance to right a terrible wrong, both for the journalist and for press freedom in Somalia.” He continued saying, “The government has argued that justice should run its course in this case, but each step has been justice denied.”

The Prime Minister of Somalia, Abdi Farah Shirdon, was happy with this decision and said, “We are a step closer to justice being done.” He had a different opinion when it came to the journalist. He said, “However, I hoping for a different outcome on the journalist. I note his sentence has been reduced from 12 months to six, but I do not believe journalists should be sent to prison for doing their job. We must have freedom of expression, which is guaranteed in our constitution.”

In February, after the convictions, the United Nations Secretary General Ban Ki-moon expressed his deep disappointment over the sentences and urged the Somali government, “to ensure that all allegations of sexual violence are investigated fully and perpetrators are brought to justice.”

Experts noted that in confronting violence against women, the original verdict convicting the victim, would discourage Somali women from reporting rape even more than they are already in the conservative Muslim society prevalent in Somalia.

 

For further information, please see:

ABC News – Somalia: Court Clears Woman Convicted in Rape Case – 3 March 2013

Fox News – Appeals Court Clears Woman Convicted in Rape Case that Drew Widespread Condemnation – 3 March 2013

Hiiran Online – Court Clears Woman Woman Convicted in Rape Case – 3 March 2013

The Washington Post – Appeals Court Clears Woman Convicted in Rape Case that Drew Widespread Condemnation – 3 March 2013

Syrian Revolution Digest: Sunday 3 March 2013

Please feel free to use this information, including videos, images and commentary, in your coverage of current developments in Syria. If you have any questions, please don’t hesitate to contact me at this email: ammar.abdulhamid@gmail.com. The Digest will also be posted on Blogger and Facebook.

 

Syria Über Assad!

Syrian Revolution Digest – March 3, 2013 

Each time he speaks he makes it clear to all that he could never be part of any solution and that he is indeed an impediment that needs to be removed. People like Assad are never more wrong and dangerous than when they are confident. And Assad was confident during his interview with the Times. Too confident. The end is nigh. His, and, for a while, Syria’s. For, irrespective of both Sunni and Alawite beliefs, Assad can never rise again, but Syria… Syria has always been a phoenix: she does not die, she transforms.

 

Sunday March 3, 2013

 

Today’s Death Toll: 154martyrs, including 5 children 12 women, and 2 under torture: 44 martyrs were reported in Damascus and suburbs, 24 in Daraa, 23 in Aleppo,18 in Homs, 11 in Hama, 11 in Lattakia, 11 in Idlib, 10 in Deir Ezzor and 2 martyrs in Raqqa (LCCs).

 

Points of Random Shelling: 370 points: 3 areas were shelled with Scud missiles, and 8 points were shelled with MiG warplanes, cluster bombs strikes were recorded in 3 points, artillery shelling was recorded in 151 points, either mortar shelling was recorded in 110 areas and missile strikes were reported in 95 points in different parts of Syria (LCCs).

 

Clashes: 120. Successful operations include liberation of the Police Academy in Khan Al-Assal in North Aleppo, shooting down a helicopter in Latakia suburbs, and taking control of the Maysaloon-Abassid Square Road in Damascus. In Raqqa, FSA rebels also gained control over Safian oil field and neighboring territories. In Homs, FSA fighters managed to repel an attempt by pro-regime militias to storm rebel strongholds in Khaldiyeh, Bab Houd, and other Old Homs neighborhoods. In Daraa, rebels repelled an attack on Basr Al-Harir. Finally, rebels in Daraya, Jobar and Eastern Ghoutah region in Damascus Suburbs repelled renewed regime attacks on their strongholds (LCCs).

 

News

Opposition leader visits north Syria as rebels seize army post The capture of the police academy at Khan al-Asal, used by Assad’s forces as an artillery base to support troops still holding around 40 percent of the northern city, came after days of fighting in which rebels killed 150 soldiers, while sustaining heavy casualties, they said. In an attempt to consolidate those gains on the ground and strengthen links between Assad’s military and civilian foes, Alkhatib crossed into northern Syria from neighboring Turkey and toured the towns of Jarablus and Minbij. Earlier he attended a meeting of 220 rebel commanders and opposition campaigners in the Turkish city of Gaziantep to elect an administration for Aleppo province, home to 6 million people.

Miles From Home, Syrians Vote In Free Elections The entire election organization moved to southern Turkey over a weekend. An army of activists arrived to set up a media center. A new FM radio station opened to cover the elections through transmitters that reach Aleppo. In an unfurnished apartment, an election center is already bustling. The apartment’s bare rooms look more like a college dorm with floor mattresses, plastic chairs and desks. Computers and cameras are everywhere.

Syria’s Assad is ‘delusional’ says William Hague UK foreign secretary hits back at Bashar al-Assad after Syrian leader accuses Britain of resuming a ‘bullying’ colonial role

Shi’ite fighters rally to defend Damascus shrine The presence of Shi’ite combatants from neighboring states – confirmed by sources in Iraq and Syria and highlighted in videos glorifying their mission – underlines how Syria’s conflict is inflaming sectarian feelings in the region. Abu al-Fadl al-Abbas brigade, named after a seventh century martyr son of Imam Ali who is considered the father of Shi’ite Islam, was formed several months ago and fights mainly around the shrine of Sayyida Zeinab on the southern outskirts of the Syrian capital, a source close to the brigade said.

Syria rebels ‘capture most of police academy’ More than 200 troops and rebels reported killed in fighting for one of last regime bastions in western Aleppo province.

UK: Charities urge BBC to launch emergency appeal for victims of Syria’s war Corporation fears lack of public sympathy for plight of millions may hurt fundraising efforts.

 

Special Reports

Worldview: In Kerry’s ‘big’ Syria offer, a proposal woefully lacking

Those two words sum up the farcical “new” policy toward Syria that Secretary of State John Kerry announced at a Rome meeting with Syrian opposition leaders. In what was ballyhooed as a major breakthrough, the United States will, for the first time, provide aid to the armed Syrian opposition. So what are we giving to help Syrian rebels confront the missiles and bombs that have killed tens of thousands of civilians? Not desperately needed antitank or antiaircraft weapons, but medical aid and MREs, those ready-to-eat-meals used as field rations for American soldiers. Biscuits and Band-Aids to combat Bashar al-Assad’s Scuds.

Expert: Obama ‘uninterested’ in Syria intervention

In response to a question by The Jerusalem Post, asking what the policy of the US should be in Syria, Rabinovich said, “Sneakers on the ground, not boots on the ground.” He explained this by saying US President Barack Obama is not interested in a full-scale military operation and “his new defense secretary is not interested” in one either. He said that by sneakers, he meant special forces combined with supporting those in the opposition that most closely reflect US values, and not the Islamists.

 

My new paper, prepared for a briefing in Washington, D.C. that took place on January 15, 2013, is now out and is titled “Syria 2013: Rise of the Warlords.” It should be read in conjunction with my previous briefing “The Shredded Tapestry,” and my recent essay “The Creation of an Unbridgeable Divide.”

 

Quickly Noted

 

Historically speaking, Bashar Al-Assad’s confident tones have always reflected the weakness of western policies vis-à-vis his regime. So long as the West dithers, Assad, backed by Iran and Russia, will kill with impunity, while lecturing the world, and his victims, on morality and patriotism.

 

Robert Fisk gets it wrong, again: It’s not the West that is drawn maps this time around, it’s the Assad regime, Iran and Russia. Instead of watching what pundits are saying on Western media, Fisk should watch the events unfolding on the ground, the patterns of ethnic cleansing, Hezbollah’s involvement, the rising sectarian aspect of the entire unfolding. Robert Fisk’s orientalism is no less pronounced than that of Henri Lammens.

 

Video Highlights

 

Opposition leader Sheikh Moaz Alkhatib pays a visit to the towns of Jarablos and Manbij in North Aleppo http://youtu.be/LKGdLOD1De8 Singing with the rebels http://youtu.be/yUDv0KWSwJg Shortly after Sheikh Alkhatib left Manbij, a Scud paid her a visit http://youtu.be/eYEQX7tI9EI

 

Rebels confirm the liberation of the Police Academy in Khan Al-Assal, North Aleppo http://youtu.be/fT8BSq1UgX4 Scenes from after the liberation http://youtu.be/II-5Zj2JY-s , http://youtu.be/A2DTAppexSU , http://youtu.be/ZMsfkjlwHH8 Rebels used their own tanks in the battle http://youtu.be/KPnO84V7IGs Scenes from the final clashes http://youtu.be/_TT566FweFM

 

Another leaked video showing the launch of a Scud missile http://youtu.be/F_uFvU3SKs8 Two Scuds fired simultaneously http://youtu.be/M0ih0HezdT0 A scud missile falls without exploding on the town of Al-Muwailih in Deir Ezzor Province http://youtu.be/gW1oVnCdoGo

 

Rebels wrest control of another checkpoint on the outskirts of Raqqah City http://youtu.be/fpkIAZ85-sw A tanks confiscated by rebels after taking control of the Central Prison in Raqqah http://youtu.be/WbPlMRpBxng

 

The battle for control of Old Homs neighborhoods intensify http://youtu.be/dbQv7zINUNg So does the bombing campaign http://youtu.be/PHZTcheA0W8 , http://youtu.be/VTiN-RNh08I The red circle in the map below point out roughly the besieged rebel strongholds. It’s been almost 18 months since the siege began.

 

 

 

The last clip shot by activist Jameel Omayrah in Jobar Neighborhood, Damascus, before his martyrdom http://youtu.be/4NITwK6Ae78 The nearby town of Douma gets pounded http://youtu.be/bEVBPuVijoo Searching for the dead and wounded http://youtu.be/SMyqeJOt6do

 

Leaders of the Free Syrians Army, including Col. Riyad Al-Ass’aad and his deputies pay a visit to the liberated village of Burj Al-Kassab in the Turkmen Mountain in North Latakia http://youtu.be/Wz3BCbdr4Gs Talking with the locals http://youtu.be/zohLcdt5mZc Making the rounds http://youtu.be/dzw7X57U_qI Rebels in Latakia treat their wounded from a recent battle http://youtu.be/ANLYaSU4Utw

 

Czech President Impeached and Charged with Treason for Amnesty

By Alexandra Sandacz
Impunity Watch Reporter, Europe

PRAGUE, Czech Republic – On Monday, the upper house of the Czech parliament impeached outgoing President Vaclav Klaus for treason. The charges arise over his amnesty of thousands of prison inmates and others.

Czech parliament impeached outgoing President Vaclav Klaus for treason. (Photo Courtesy of Reuters)

On January 1, President Klaus ordered more than 6,000 inmates serving short prison terms to be released. Furthermore, his amnesty stopped court proceedings in several fraud cases because he wanted to stop “endless criminal proceedings.” These proceedings lasted for more than eight years and caused widespread public anger.

As a consequence, a dozen high-profile corruption cases, some which involved millions of dollars in asset-stripping, bribes, and fraud, were thrown out.

38 out of an 81-seat house voted to impeach the president for his New Year amnesty. Only the Senate has such power in the Czech legal system.

The senators also accuse Klaus of violating the constitution when he refusing to ratify several European treaties, and for “refusing to rule on the appointment of judges despite being ordered by courts to do so”.

Klaus’s opponents do not necessarily want to punish the former president. However, they want to clarify the rules for the future.

Senator Miroslav Antl stated, “We want to know how far a president [is permitted] go.”

Petr Necas, prime minister and chairman of the conservative Civic Democratic Party, called Klaus’s move “an attack on our country’s reputation … It is purely motivated by personal hatred.”

The Czech citizens also oppose Klaus’s orders. More than 73,000 Czechs have signed a petition backing the charges of treason, and numerous Klaus portraits have been torn down in schools and offices.

However, Vaclav Klaus stated he does not regret the amnesty and “would do it again in absolutely the same way”. Moreover, Klaus rejected the accusations that said he deliberately formulated the amnesty to free serious criminals.

The Constitutional Court expects to deal with Klaus’s case quickly, but it is still likely to be weeks before a verdict is announced.

The worst punishment Klaus faces is the loss of his presidential job, a role the 71-year-old will terminate later this week after serving two full terms in office. However, he will most likely not be able to run again.

If found guilty, Klaus will also lose his state pension as a former president that equals about $5,000 a month.

For further information, please see:

BBC News – Czech President Vaclav Klaus Faces Treason Charge – 4 March 2013

Financial Times – Vaclav Klaus Faces Treason Charges – 4 March 2013

Reuters – Czech Upper House Votes to Impeach President Klaus – 4 March 2013

The Washington Post – Czech Parliament’s Upper House Agrees to Charge President Vaclav Klaus with High Treason – 4 March 2013

HRW to Yemen: Stop Executing Juveniles

By Ali Al-Bassam
Impunity Watch Reporter, Middle East

SANAA, Yemen — Human Rights Watch (HRW) released a 30 page report last Monday, revealing the number of juveniles who currently face capital punishment in Yemen.  For their report, HRW interviewed five young men and a young woman on death row in Sanaa Central Prison, and also reviewed case files for nineteen other alleged juvenile offenders.

A view from Hodeida Central Prison taken in 2010, home to a prisoner facing execution for a crime she committed when she was fifteen. (Photo Courtesy of Al Jazeera)

Titled “‘Look at Us with a Merciful Eye’: Juvenile Offenders Awaiting Execution on Yemen’s Death Row,” HRW urged President Abdu Rabu Mansour Hadi to immediately reverse execution orders for three alleged juvenile offenders who had exhausted their appeals process and currently await an execution by firing squad.

The report also revealed that at least 22 juveniles were sentenced to death despite being under 18 years old at the time they allegedly committed the crime.  It also stated that at least fifteen men and women who claimed to be below the age of eighteen were executed in the last five years.

Human Rights campaigners criticize Yemen, who has one of the highest death penalty rates in the world, for increasingly jailing and executing people who committed crimes as children.  Campaigners also criticized Yemen for its failure to provide everyone with birth certificates, and for having a failing justice system.

Mariam al-Batah, a nineteen year old who is currently awaiting execution, was one of the prisoners mentioned in HRW’s report.  For three years, she has called Hodeida Central Prison, a crowded jail located in Yemen’s Western Coast, home.  She was sentenced to death for committing murder at the age of fifteen.  Her family came from a rural background, like 80% of Yemen’s estimated population, and failed to register a birth certificate for her, resulting in tragic consequences.  Al-Batah, who was married off at the age of twelve, killed the child of her husband’s first wife when the child released her from a room that her husband had locked her in.  She recalled rushing out of the room in a “disoriented and dizzy state,” and then violently hurled the child to the floor, killing it immediately.  When she could not produce a birth certificate before the court to prove she was younger than eighteen, she was sentenced to death.

Since 1994, Yemen’s penal code had banned the execution of juveniles.  Under Yemeni law, children fifteen years and younger can be tried as adults, but are only subject to a maximum penalty of ten years imprisonment if found guilty of murder.  “Proving one’s age is a huge issue in Yemen in these cases,” said Priyana Motaparthy, a researcher for HRW. “But there is a second issue: even in cases when juvenile offenders and lawyers were able to produce strong evidence suggesting they were under eighteen for their alleged crime, judges and prosecutors have disregarded Yemeni law and called for death sentences.”

HRW said that President Hadi should review all death sentences where doubt exists that the defendant was at least eighteen years of age at the time the offense was committed, and to commute sentences when evidence of a defendant’s age is inconclusive or in conflict.

HRW says that Yemen is one of four countries in the Middle East where juveniles can still be face capital punishment.  The other three are Iran, Saudi Arabia, and Sudan.

Al Jazeera — Yemen Unyielding on Child Executions — 4 March 2013

Human Rights Group — Yemen: Juvenile Offenders Face Execution — 4 March 2013

United Press International — HRW: Yemeni Government Urged to Stop Executing Youthful Offenders — 4 March, 2013

Yemen Post — HRW Urges new Government in Yemen to Stop Executions of Juveniles — 4 March 2013

This Week in Syria Deeply: 3 March 2013