Rwandan Opposition Leader Released From Prison

By: Skylar Salim
Impunity Watch Reporter, Africa

KIGALI, Rwanda – Rwandan President Paul Kagame pardoned political opposition leader Victoire Ingabire from a 15-year prison sentence.

Victoire Ingabire as she is released from prison. Photo Courtesy of Jean Bizimana.

On September 15, 2018, Victoire Ingabire, leader of the FDU-Inkingi opposition party, and 2,140 other prisoners were pardoned by President Kagame and released from prison. Ingabire intended to run for president when she returned to Rwanda from exile in 2010. Upon her arrival she was arrested, charged with treason and terrorism and sentenced to 10 years in prison. Her sentence was extended by five years on appeal for “genocide denial” in relation to remarks she made concerning the government’s portrayal of the 1994 genocide.

Ingabire brought a claim against the Rwandan government in the African Court on Human and Peoples’ Rights. In November 2017, the court found that the Republic of Rwanda violated Ingabire’s right to freedom of speech. Although calls for a retrial were initially ignored by the government, the president pardoned Ingabire. Ingabire thanked Kagame for releasing her and she said, “this is the beginning of the opening of political space in Rwanda.” She also called on the president to “release other political prisoners.”

The government has noted that the pardons are not a result from outside pressure, and that “there is nothing political about [Ingabire’s] release, there is nothing political about her imprisonment.” Rwandan Justice Minister Johnston Businge told Reuters “the president has granted mercy, and under the constitution, he is allowed to do that.”

While Ingabire and other political prisoners were released, one notable opposition leader remains imprisoned and will go to trial on September 24. Diane Rwigara, in a situation similar to Ingabire, ran for president in 2017 but could not complete her run due to issues raised by the electoral committee. Rwigara and her mother were later arrested on charges relating to the claims of electoral fraud and treason.

Typically in elections, Kagame wins with over 90% of the vote and the ruling party, Rwandan Patriotic Front, faces little opposition. Kagame commanded the rebel force that helped end the 1994 genocide and he has been president for 18 years. A new amendment to the Rwandan constitution that ends two-term limits could allow Kagame to remain in power until 2034.

For further information, please see:

CNN – Rwandan Imprisoned Opposition Leader to go on Trial as Another Walks Free – for now – 22 September 2018

Al Jazeera – Rwandan Opposition Leader Among 2,100 Released from Prison – 15 September 2018

The Citizen – Rwandan Opposition Leader Freed From Jail – 15 September 2018

ICC Launches Preliminary Investigation on Deportation of Rohingya from Myanmar to Bangladesh

By: Charlotte Volpe
Impunity Watch Reporter, Asia

THE HAUGE, Netherlands – The International Criminal Court stated that they will begin a preliminary investigation on the forced displacement of more than 700,000 Rohingya Muslims from Myanmar to Bangladesh. Led by ICC prosecutor Fatou Bensouda, the preliminary inquiry will examine evidence of the atrocities that the Myanmar military has committed against Rohingya Muslims in the Rakhine state of Myanmar since 2017. The military’s alleged atrocities include mass rape, murder, destruction of Rohingya villages, and deportation. These crimes have gone unacknowledged and unpunished by Myanmar’s national government.

Rohingya refugees in borderland between Myanmar and Bangladesh. Photo courtesy of Adam Dean.

Though Myanmar is not a member state of the ICC, Bensouda argues that the Court holds jurisdiction over the conflict because the Rohingya have fled to neighboring Bangladesh, which is a member of the Court. Thus, the crime of forced displacement has continued into Bangladesh, providing a means for the ICC to exert its authority over this aspect of the conflict in a member state. This move is an attempt to insert international oversight over a genocide that has been occurring with impunity in Myanmar. The international community continues to have limited ability to investigate Myanmar army’s crimes against the Rohingya in Rakhine because Myanmar has refused international humanitarian organizations entry to that particular region.

A preliminary investigation is not a formal investigation, however. It is the ICC’s means to determine whether there is sufficient reason implicating an aggressor party for crimes against humanity, thus validating a full investigation to proceed. If the Court finds enough evidence demonstrating the Myanmar military’s violation of human rights against the Rohingya, it can launch a full-fledged investigation. However, to do so it will require that the UN Security Council refer the case in Myanmar to the ICC’s jurisdiction. The divisive nature of the Council, as well as Russia and China’s economic and geopolitical interests in Myanmar, make a Security Council referral an unlikely feat.

Nonetheless, the ICC’s preliminary investigation is a first step towards circumventing Myanmar’s refusal to hold their own army accountable for ethnic genocide. This preliminary examination has the potential to demonstrate that the international community will exert the authority it can in seeking justice for the atrocities experienced by the Rohingya, the “world’s most persecuted minority.” The extent to which the ICC can exact justice, however, is yet to be determined.

For further information, please see: 

The Straits Times – International Criminal Court opens preliminary probe into Myanmar crimes against Rohingya – 19 September 2018

International Criminal Court – Statement of ICC Prosecutor, Mrs Fatou Bensouda, on opening a Preliminary Examination concerning the alleged deportation of the Rohingya people from Myanmar to Bangladesh – 18 September 2018

DW – Rohingya genocide: Will Myanmar generals face ICC justice? – 11 September 2018

The New York Times – International Criminal Court Opens Door to a Rohingya Inquiry – 6 September 2018

Saudi Women Arrested, Receive Social Backlash as the Lift on the Driving ban Approaches

By: Natalie S. Maier
Impunity Watch Reporter, The Middle East

RIYADH, Saudi Arabia — As Saudi Arabia prepares to lift its ban on women driving, activists behind the change are experiencing backlash. Activists Loujain al-Hathloul, Iman al-Nafjan, Aziza al-Yousef and Aisha Almane were arrested last week, accused of “suspicious contact with foreign entities to support their activities, recruiting some persons in charge of sensitive government positions, and providing financial support to hostile elements outside the country,” according to a state news agency. A headline in the daily al-Jazirah newspaper branded the women as “traitors.”

Saudi Activist Manal Al Sharif. Courtesy of Marwan Naamani/AFP/Getty Images.

The arrests are cause for concern for women’s rights campaigners around the world, who applauded the lift of the ban as a significant step for women’s rights in the country. Sydney-based Saudi activist and author Manal Al-Sharif told CNN on Sunday that she thinks the arrests show a pattern of character assassination that has previously plagued the efforts of social reform. “We used to live in a police state; if you speak up you go to jail. And then there would be a defamation campaign against you, saying all sort of untrue things… We are seeing the same pattern now,” she says. Al-Sharif also says that the security forces arrested the women in their homes, without a warrant.

Amnesty International has condemned the arrests and negative coverage by the local media in the days following. Samah Hadid, Amnesty International’s Middle East director of campaigns, said that, while the Crown Prince Mohammad bin Salman presents himself as a reformer, “his promises of reform seem entirely superficial as the repression of human rights activists continues unabated.”

Other citizens against lifting the ban have taken to social media using the hashtag #YouWontDrive, which has been used 65,000 times since Monday. Some women chose to respond humorously by tweeting pictures and videos of their dream cars. Others, such as Sarah Al-Otaibi, responded on a more serious note, calling the hashtag a threat to women and the free exercise of their rights.

The pressure to lift the ban on driving comes as a larger call by women to end Saudi Arabia’s practices of male guardianship, which require women to get the permission of a male guardian to do almost everything. Other key changes since December of 2015 include women voting and standing as candidates in political elections, attending public sporting events, and entering the workforce in the hotel industry.

King Salman issued the decree in September of 2017 allowing women to drive for the first time in the country’s history. The ban on driving is set to be lifted on June 24, 2018.

For more information, please see:

BBC – Saudi Arabia women’s driving activists ‘targeted in smear campaign’ – 20 May 2018

BBC – Saudi women troll men telling them ‘you won’t drive’ – 16 May 2018

CNN – Saudi Arabia arrests female activists week before lifting of driving ban – 20 May 2018

 

UK Apologizes for Torture of Libyan Rebel Commander and his Wife

By: Natalie S. Maier
Impunity Watch Reporter, The Middle East

TRIPOLI, Libya – Libyan Rebel Commander Abdul Hakim Belhaj and his wife Fatima Boudchar have received an apology from the UK government following “appalling treatment” during their detention in 2004.

Boudchar and her son. Photo Courtesy of BBC News.

Mr. Belhaj and Ms. Boudchar were taken to Tripoli where they were both tortured by Libyan jailers. Belhaj had been an opponent of Libyan leader Col Muammar Gaddafi and lead the Libyan Islamic Fighting Group in multiple assassination attempts on Gaddafi. Belhaj and his wife were abducted in 2001 while trying to fly from Bangkok to London to seek asylum in the UK . Boudchar was five months pregnant at the time.

In the aftermath of the terrorists attacks on the World Trade Center on September 11, 2001, the US and its allies sought to track jihadists groups more closely. This included British Intelligence agencies’ monitoring of Libyan dissidents who had been living under UK protection. Senior MI6 officer, Sir Mark Allen, was at the center of an operation attempting to convince Gaddafi and his henchmen to work with the West. Papers found by the Human Rights Watch, known as the Tripoli documents, show that Allen and his Libyan counterpart, Moussa Koussa, had agreed that counterterrorism experts from both party’s sides should meet and discuss their common enemies. Koussa allegedly wanted intelligence that would lead to the capture of LIFG leaders on the run, in addition to recognition for Libya.

In 2004, Prime Minister Tony Blair and Gaddafi made a diplomatic move ultimately known as the “deal in the desert.” As consideration, the UK agreed to provide information on the whereabouts of the regime’s enemies.

On March 1, 2004, information from London to Tripoli tipped off Belhaj and his wife, who were in Malaysia at the time. Malaysian authorities, in communication with the Libyans, put the couple on a flight to Bangkok, where they were received and immediately detained. A day later, the couple was transported to Tripoli. Belhaj alleges that he was continuously tortured during a six-year period in prison. Boudchar was released only a few months after being detained, and shortly before giving birth.

On Thursday, May 10, 2018, British Prime Minister Theresa May issued a public apology to Belhaj, Boudchar, and their son, with whom Boudchar was pregnant at the time of her detainment. All three family members were present at the reading of the apology. Belhaj told BBC news, “I hope that it is a new page in history, that we guarantee and strengthen human rights and this practice is not repeated.”

For further information, please see:

BBC News – Belhaj rendition: UK apology over Libyan dissident treatment – 10 May 2018

Evening Standard – Libyan dissident Abdul Hakim Belhaj, tortured by Gaddafi regime, receives apology from Theresa May – as his wife Fatima Boudchar is given £500,000 payout – 10 May 2018

Middle East Eye – British government apologizes to Libyan dissident Belhaj over rendition – 10 May 2018 

BBC News – Abdul Hakim Belhaj: the documents trail that nailed  UK’s secret role in rendition – 10 May 2018 

 

Emin Aslan’s appeal denied in Azerbaijani

By: Emily Green
Impunity Watch Executive Director

BAKU, Azerbaijani – Detained human rights lawyer, Emin Aslan, appealed his detention in Azerbaijani’s Court of Appeals on June 8th. None of Aslan’s eight defense motions were granted and the court rejected his appeal.

Emin Aslan at Syracuse University College of Law. Image Courtesy of Emin Aslan.

In the appeal, Aslan denied committing the alleged administrative offense. He maintained that he was detained in front of Park Boulevard Mall at 17:30, while the police report says he was detained in Narimanov Park at 23:30. Aslan’s lawyer, Elchin Sadigov, petitioned to attach testimony of a witness that corroborates Aslan’s version of events. He also sought to interrogate additional witnesses of the event and requested records from CCTV cameras in the territory. These motions were rejected.

The Court of Appeals ultimately upheld Aslan’s detention on allegations that Aslan was swearing on the phone. Friends and co-workers of Aslan say that cursing publicly and disobeying police is beyond his character, and claim that these charges are fabricated.

Aslan earned his law degree from Syracuse University a few weeks before his detainment.  On June 11th, Syracuse University College of Law released a letter of support for Aslan. The statement acknowledges him as “a person of integrity who has deep respect for human rights, civil society, and the rule of law.” It calls for a “transparent, open legal process in his case, if not his immediate and safe release.” Vice Chancellor Mike Haynie has carried a copy of this letter to the United States Department of State.

The College of Law encourages the community to share Aslan’s story on social media platforms and attract attention to his situation. Several faculty members have already shared Aslan’s story with the media. The letter states, “We will continue to follow this situation and pledge to provide Emin and his family our support.”

For more information, please see:

Turan – Emin Aslan Told About Interrogations in MDCOC – 8 June 2018

VOA – Graduate of US Law School Arrested in Azerbaijan – 7 June 2018

Human Rights Watch – Ruthlessly Silenced in Bahrain: Daily Brief – 5 June 2018