Polish High Court Rules Kosher, Halal Meats Illegal

By Madeline Schiesser
Impunity Watch Reporter, Europe

WARSAW, Poland – On Tuesday, Poland’s Constitutional Court ruled that religious, or ritual, slaughter of animals used to produce kosher and halal meat is in violation of the constitution.  The ruling comes weeks before a European Union law is to take effect allowing the practice.

Under traditional Jewish shechita and Muslim dhabiha slaughter, it is impermissible to stun an animal into unconsciousness. (Photo Courtesy of BBC News)

Animal rights groups had petitioned Attorney General Andrzej Seremet to bring the case before the court.  In June, Seremet argued that ritual slaughter for religious purposes was unconstitutional, and that a 2004 amendment allowing the practice violated a 1997 animal rights law permitting slaughter only “following the loss of consciousness” after stunning.

Although former Agricultural Minister Wojciech Olejniczak has claimed that the purpose of the 2004 amendment was to place Polish laws in line with those of the EU, the court ruled that, in the words of Judge Zbigniew Cieslak, “a decree that is supposed to serve in the execution of a law, and the realization of its goals, cannot be in opposition to it.”

The ruling brings Poland into conflict with current international EU laws, and the European Convention for the Protection of Human Rights and Fundamental Freedoms, which includes sections on religious freedoms, such as the practice of ritual slaughter of animals.

Jewish and Muslim clerics have insisted that stunning an animal before slaughter is inconsistent with Jewish and Muslim practices for producing kosher and halal meats, respectively.

There are small Jewish and Muslim communities in the overwhelmingly Catholic nation of 38 million.  It is estimated that about 6,000 Jews and several tens of thousands of Muslims live in Poland.

However, Poland is also a leading producer in kosher and halal meats, exporting to other European countries, Arab countries, Turkey and Israel.  With two dozen slaughterhouses specifically specializing in kosher and halal meats, the export industry is valued at an estimated $259 million.

The same day that the court’s ruling is set to take effect, January 1, an EU directive (The European Convention for the Protection of Animals for Slaughter) also will become effect.  The EU directive will set common rules for ritual slaughter across the EU, but will also allow individual counties to decide whether or not to apply these rules.  Specifically, the new directive allows “derogation from stunning in case[s] of religious slaughter taking place in slaughterhouses,” but leaves “a certain level of subsidiarity to each Member State.”

Currently, Sweden has a complete ban on ritual slaughter.  Last year the lower house of parliament in the Netherlands voted to enact a similar ban before backing down in the face of controversy.  Non-EU countries Switzerland, Norway, and Iceland also have a ban.

Last year, during the Dutch debate on religious slaughter, Polish President Bronislaw Komorowski defended it as an ancient practice said there was “a crisis of tolerance” in Europe.

Poland’s Agriculture Minister Stanislaw Kalemba has promised “[t]here will be no doubt about this as of January 1.”  His ministry believes the EU law takes precedence and will act to remove any doubts about ritual slaughter’s legality in Poland.  His ministry has already licensed 17 slaughterhouses to practice Jewish or Muslim religious slaughter.

However, animal rights groups have said Poland may still opt-out of the EU laws. “It’s up to us to decide whether we want a law authorizing this kind of slaughter or not,” said Dariusz Gzyra of the campaign group Empatia.

Additionally, Piotr Kadlcik, president of Poland’s Union of Jewish Communities, has said he believes the ruling contradicts a 1997 law on relations between his Union and the Polish state.  “It appears there is a legal contradiction here and it is too early to tell what this means,” he said. “We are seeking legal advice on this right now.”

For further information, please see:

BBC News – Polish Ritual Slaughter Illegal, Court Rules – 28 November 2012

Polskie Radio – Ritual Slaughter of Farm Animals ‘Unconstitutional’ in Poland, Court Rules – 28 November 2012

France24 – Polish Court bans Ritual Slaughter, EU Gives Go-Ahead – 27 November 2012

Jerusalem Post – Polish Court Rules Against Ritual Slaughter – 28 November 2012

Kenyan Presidential Candidates Face ICC Charges

By Heba Girgis
Impunity Watch Reporter, Africa

NAIROBI, Kenya—Two Kenyan presidential contenders have been indicted by the International Criminal Court for allegedly inciting violence after the election. The two candidates said that next year they would join forces and run together on the same ticket. According to their deal, the Deputy Prime Minister Uhuru Kenyatta, the son of Kenya’s first president after acquiring independence from Britain in 1963, will aim for the presidency, while his partner, the former cabinet minister William Ruto will run for vice president.

Kenyatta and Ruto, both facing charges at the International Criminal Court, join together to run in Kenya’s next election. (Photo Courtesy of Reuters)

Thousands of people supporting the pair cheered as they unveiled their alliance at a rally in Nakuru, one of the worse hit regions by the post-election violence. Kenyatta said, “Our union is not to attack anyone, but to build Kenya, our work is to preach peace, and to make sure there is no blood spilt again.” He continued noting, “The journey to unite the country has started. We have the leadership that can bring Kenyans together…to build a country based on equality.”

However, alongside these hopes for peace, both Kenyatta and Ruto must stand trial at the International Criminal Court at the Hague for their role in orchestrating the post-election unrest that displaced more than 600,000 Kenyans.

Kenyatta alone faces five charges of crimes against humanity. These charges include murder, rape, persecution, deportation as well as other inhumane acts. Ruto also faces three charges of crimes against humanity. Both claim to be innocent of these allegations and remain free and willing to cooperate with the court.

Al Jazeera’s Reporter Mohammed Adow commented on the candidates’ political force in the country. He noted that Kenyatta comes from the larges ethnic group in the country while Ruto comes from the third most popular tribe in Kenya. He said, “So together, they actually make the winning ticket.”

Adow further commented on their situation with the International Criminal Court. “These are two men who’ve got charged of crimes against humanity hanging over their heads. Although they deny them, these are very serious charges and the International Criminal Court is trying to pin down convictions.”

The charges against these powerful political figures have shaken the country. Kenya’s political elite were once seen to be almost above the law. Now the country faces concerns and uncertainty as to any new violence that may erupt should the candidates be barred from running in the next election.

 

For further information, please see:

790 KGMI News – Kenyan Contenders Facing ICC Cases to Run Jointly in Vote – 2 December 2012

Al Jazeera – War Crimes Suspects Form Kenya Poll Alliance – 2 December 2012

News 24 – Kenya ICC-Indicted Leaders Do Poll Deal – 2 December 2012

Reuters – Kenyan Contenders Facing ICC Cases to Run Jointly in Vote – 2 December 2012

Student Protesters Tortured in Detention

By Ryan Aliman
Impunity Watch Reporter, Africa

 KHARTOUM, Sudan – According to a press release by the Arabic Network for Human Rights Information (ANHRI) the Sudanese national security service reportedly detained and tortured student protesters last week.

 

Police officers engage a protester in Nyala. (Photo courtesy of Radio Dabanga)

Members of the national security service arrested high school students in Nyala, a city in South Darfur. Although a number of these students were released a week after they were brought to custody, they claim that they were tortured and beaten up.

According to some of the students, the security officers would burn them with electric shocks using water and car batteries — a torture method they referred to as “water fire”. Officers would also use acid to burn their skin, leaving permanent marks on their bodies. Other protesters said that they were were hung upside down from the roof while being verbally insulted.

On the day the national security service released the students, the agency allegedly threatened to kill the demonstrators’ relatives if they pressed charges. One source mentioned that the security officers told them, “no one can counter us and have us arrested.”

The government denied the allegations. Instead, it insisted that the detention of the students was necessary primarily because they stole money and documents from an office located in the Hay al-Emtidad neighborhood in Nyala. Some of these documents are said to be confidential in nature; thus, would have compromised national security had these been exposed to the public.

Families of the detainees, however, believe a different reason behind the arrests and torture. When interviewed by Radio Dabanga, they said that “the real motive of the students’ arrest was because they were accused of participating in the Nyala protests during the Ramadan holiday this year, and not for stealing, as claimed by the security services.”

Students have also become frequent targets of police arrests recently due to the escalating number of student protests at the Nyala University. On Thursday, Islamist students and students supporting Sudan’s Liberation Movement led by Minni Minawi (SLM-MM) caused a riot at the university premises. Since then, not only did the university ban several student activities indefinitely, it also suspended classes in all faculties for one week.

Lawyers, activists and Nyala residents have condemned the “brutal” treatment the national security service gave the students. “The security bodies can’t continue to use this approach when dealing with protesters, as it is not acceptable after the Arab spring. The regime can’t be isolated from the demands of its people, the right to expression and demonstrations. The ANHRI rejects the repression and assassination of demonstrators, in addition to threats against the protesters’ relatives if they file reports,” said the ANHRI last week. In addition, the human rights agency called for an immediate investigation by the Sudanese government “to hold those responsible accountable and ensure justice.”

 

For further information, please see:

Radio Dabanga – Student detained by Nyala security services – 29 November 2012

International Freedom of Expression Exchange – Security forces in Sudan torture high school demonstrators – 28 November 2012

All Africa – Sudan: Nyala University Suspends Classes and Bans Student Activities – 26 November 2012

All Africa – Sudan: Students From Rival Parties Riot in Nyala – 23 November 2012

All Africa – Sudan: Students Reportedly Tortured in Nyala – 17 November 2012

The Arabic Network for Human Rights Information – Torture with Acid Water: NISS tortures high school students in Nyala – 16 November 2012

Man Capturing and Forcing Women into Prostitution is Sentenced to Death

By Karen Diep
Impunity Watch Reporter, Asia

BEIJING, China – Yesterday, a court in central China sentenced 35-year old Li Hao, a local government clerk and a father to an eight-month child, to death for holding six women as sex slaves in a man made dungeon.

A picture of Li Hao and his man made dungeon. (Photo Courtesy Business Insider)

After arresting Mr. Hao in September of last year, the court found him, guilty of “murder, rape, organized prostitution, illegal detention and spreading pornography for profit.”

According to Business Insider, Mr. Hao allegedly attended karaoke bars, hair salons, and massage parlors in order to persuade women to return with him.  Once these women would follow him, he would hold them captive between two and twenty-one months.  During this time, he would force them into prostitution, having sex with him, and appearing in online sex performances.

Mr. Hao’s plan was revealed when one of his captives in the Luoyan, Henan provinces escaped and informed authorities.

Three of the women previously kidnapped and kept were also found guilty of murder. They were involved in the death of two other women in the dungeon.  These women were given lenient sentences due to the nature of the situation.

One received three years and the two others were placed on probation. Authorities believed Mr. Hao intimidated them to commit murder.

According to Samay, Mr. Hao forced the women into having sex in order to generate money.

The police chief of Luoyang apologized to the public last year for failing to discover Mr. Hao’s crimes earlier and has subsequently suspended four police officers in relation to the case.

For more information, please see:

Sahara Samay – China’s serial rapist Li Hao gets death sentence – 01 December 2012

BBC News – China ‘sex slave’ case: Li Hao sentenced to death – 30 November 2012

Business Insider – Chinese Man Sentenced To Death For Keeping ‘Sex Slaves’ In Dungeon – 30 November 2012

Egypt to Have New Constitution by Day’s End

By Justin Dorman
Impunity Watch Reporter, Middle East

CAIRO, Egypt – The highly anticipated new constitution which has created so much controversy and has led to innumerable protests and demonstrations is expected to finally be enacted today in Egypt. The constitutional assembly worked around the clock, for approximately seventeen straight hours yesterday, before they unanimously approved the two hundred and thirty-seven items in the draft. After President Mohammed Morsi officially receives and ratifies the draft, he will call for a quick-fire referendum to adopt it.

There have been countless protests both for and against Morsi and a new constitution in Egypt. (Photo Courtesy of the Jerusalem Post)

Morsi will call for the referendum because he does not want the supreme constitutional court to get in the way of the constitution’s adoption. Morsi’s worry is that the supreme constitutional court will try to dissolve the constitutional assembly that had created the draft before it officially becomes law. “There is a rush because you can’t leave the country like this and wait for a politicised verdict from the supreme constitutional court,” said Muslim Brotherhood spokesman, Sameh El-Essawia.

Once the referendum is called for, a decision to dissolve the constitutional assembly would have no effect. Furthermore, Morsi will call for the referendum because of his November 22nd decree, which asserts that he is immune from any judicial challenges until a constitution is passed and a parliament is elected. That was another highly controversial move, but the Muslim Brotherhood believes that adopting the constitution now will deflect a lot of negative attention away from that political manuever.

Nevertheless, it does not appear that replacing one controversial decision with another. which is implemented by equally controversial means, will do anything to help cure the clear divide between conservative muslims and any liberal or non-muslim in Egypt. The general criticism against the draft is that it is too focused on utilizing Sharia law and is ambiguous as to women’s and minority rights. Many feel that the draft protects the religion of Islam at the expense of having freedom of expression. Numerous protests have been held in Tahrir Square, including one yesterday, in attempts to criticize Morsi’s regime and stop this constitution from being passed.

As many demonstrations as there were against Morsi and the constitution, there were just as many demonstrations to promote it and Morsi, including one today. Tens of thousands of Islamists met in the streets of Cairo calling for the “implementation of God’s law.”

“The contentious issues have not been resolved, especially regarding the relationship of the state to religion, and that takes us away from the modern civil state,” said University professor Mustafa Kamel El-Sayed.

For further information, please see:

Al Ahram – President Receives Draft Constitution Today and Setting a Date for the Referendum – 1 December 2012

BBC – Egypt Crisis: Islamists Rally for President Morsi – 1 December 2012

Guardian – Morsi Supporters hit the Streets as Egypt Braces for Referendum – 1 December 2012

Jerusalem Post – Islamists Rally for Morsi as Egypt Rift Widens – 1 December 2012