Gaddafi Defense Warns ICC That He ‘Would be Hanged’ in Libya

By Ali Al-Bassam
Impunity Watch Reporter, Middle East

TRIPOLI, Libya — Last Wednesday, a lawyer representing Seif Al-Islam Gaddafi, son of slain Libyan leader Muammar Gaddafi, warned the International Criminal Court (ICC) that he would be hanged if he is tried in Libya instead of at The Hague.  Melinda Taylor, a court-appointed lawyer for Gaddafi, said in a public hearing in the Netherlands, that the Libyan courts will “not be motivated by a desire for justice but a desire for revenge, and there is no right for revenge under international law.”  A hearing to determine whether Gaddafi should be tried in Libya or at The Hague convened on Tuesday.

If tried in Libya, Seif Al-Islam Gaddafi could be hung. (Photo Courtesy of Naharnet)

The ICC has wanted to try Gaddafi since June of 2011, but the new Libyan regime has repeatedly refused to hand him over and would rather try him in its own courts.  Libyan lawyers say that they have enough evidence to convict Gaddafi for crimes against humanity.  They also said that although Libya will be committed to granting him a fair trial, a “complicated process” exists in the country that requires “more time.”

Taylor believes that Gaddafi’s right to a fair trial will be violated if he is tried in Libya.  He has been held in isolation in the hilltown of Zintan since November 19, 2011.  Taylor told the ICC that if it allows Libya to try him, there would be a risk of the trial’s being rigged to secure his conviction. She believes that such a decision would risk harming the ICC’s reputation. Taylor also cited a law passed by the Libyan National Transitional Council (NTC) that said that “no child of Gaddafi will ever benefit from leniency.”

The case against Gaddafi tests the principle foundation of the ICC: that it is the court of last resort, to used when a country is unwilling or unable to prosecute defendants.  Judges must weigh the new regime’s desire to try Gaddafi against its ability to do so.  The nation continues to rebuild after more than four decades under Muammar Gaddafi’s rule.  Foreign Policy reports that if the judges are to side with Libya in this matter, it will signify their recognition that the country’s ability to keep Gaddafi in custody also shows that it is willing and able to prosecute him.  Siding with Libya could also be viewed as an implicit endorsement of the death penalty.  Deciding where Gaddafi should be tried could take weeks or months for the judges to determine.

The UN believes that 15,000 people were killed during the revolution, but the new Libyan regime estimates that figure to be as high as 30,000.  The ICC is the only permanent criminal tribunal established to try genocide, crimes against humanity, and war crimes.

For further information, please see:

Al Jazeera — Gaddafi Lawyers fear ‘Revenge’ Trial in Libya — 10 October 2012

BBC News — Libya Trial for Saif Al-Islam Gaddafi ‘Would Damage ICC’ — 10 October 2012

Naharnet — Seif Al-Islam ‘Would be Hanged in Libya’, Defense Tells ICC — 10 October 2012

Foreign Policy — No Winners in ICC – Libya Standoff — 8 October 2012

U.S. Supreme Court Again Considers Affirmative Action in College Admissions

By Mark O’Brien
Impunity Watch Reporter, North America

WASHINGTON, United States — For the first time since 2003, the U.S. Supreme Court on Wednesday considered the role affirmative action and racial diversity should play in the admissions policies of colleges and universities.

Abigail Fisher (center) leaves the Supreme Court after oral arguments in her case against the use of affirmative action in admissions at the University of Texas, which she claimed enrolled less qualified minorities at her expense. (Photo Courtesy of The New York Times)

The case revolves around the University of Texas and its efforts to reach a “critical mass” of underrepresented, minority students.  Abigail Fisher, a white applicant, contended the university admitted less qualified minority students over her.

According to Bloomberg News, the practice at the University of Texas is to admit three-quarters of its entering class based on high school rank, ensuring admission to top performers at predominantly black and Hispanic schools.  For the rest of the freshman class, race is a factor in admission.  Fisher’s lawyers argued race should not be considered for this last quarter of enrollees because the class-rank method is already successful.

The central issue in the case, according to questioning by Justice Sonia Sotomayor, is “[W]hen do we stop deferring to the university’s judgment that race is still necessary?” she asked.  “That’s the bottom line of this case.”

According to New York Times reporter Adam Liptak, the questioning was particularly focused.  He reported that Justice Anthony Kennedy, whose vote likely would determine the outcome, asked questions indicative of “discomfort with at least some race-conscious admissions programs.”

“What you’re saying is what counts is race above all,” Kennedy said with regard to the University of Texas’s efforts to enroll privileged minorities.

Liptak reported that Kennedy then asked whether the university’s racial preferences violated the constitution, before proposing to answer his own question.

“Are you saying that you shouldn’t impose this hurt, this injury, for so little benefit?” he asked.

Among those in the gallery watching the oral arguments was retired Justice Sandra Day O’Connor.  She wrote the majority opinion in Grutter v. Bollinger, the 2003 case that upheld the use of race in the University of Michigan’s law school admissions practices because colleges had an interest in promoting diversity and avoiding isolation by reaching a “critical mass” of minority students.

Todd Gillman of the Dallas Morning News reported that “Justice Stephen Breyer expressed concern that if the court overturns the Grutter precedent, then it would be left to craft new guidelines for countless college admissions officers to interpret, with thousands of lower court judges looking over their shoulders.”

Affirmative action has been widely used at colleges and universities since the civil rights era in the 1960s in order to integrate predominately white campuses.  Most schools now consider race in admissions, but some predict that might change soon.

“It’s just a matter of time before the use of race is restricted [or] prohibited,” former University of California Board of Regents member Ward Connerly told Bloomberg News.  He led a successful effort to stop the use of race at public institutions in California.

Justice Elena Kagan is not taking part in the case because of her role as the Obama Administration’s brief filed in this case at the appeals court level.

For further information, please see:

Bloomberg News — Racial Balance at Risk as Supreme Court Hears Texas Plan — 10 October 2012

Dallas Morning News — Supreme Court Hears Arguments over Use of Race in Deciding UT Admissions — 10 October 2012

The Huffington Post — Fisher v. University of Texas: Supreme Court Takes Up Affirmative Action — 10 October 2012

The New York Times — A Changed Court Revisits Affirmative Action in College Admissions — 10 October 2012

The Christian Science Monitor — Supreme Court: If Affirmative Action Is Banned, What Happens at Colleges? — 10 October 2012

Brazilian Government Requires All Cars Have Tracking Chips

By Brendan Oliver Bergh
Impunity Watch Reporter, South America

BRASÍLIA, Brazil – A new law has been passed in Brazil requiring radio frequency ID tags to be placed in every Brazilian car, new and on the road.

Cars in Brazil to be tracked. (Photo courtesy of Time)

The radio ID tags are to be placed in car windshields and antenna in order to broadcast a variety of information including the “vehicle year or fabrication, make, model, combustible, engine power and license plate number.”

Checkpoints will be placed throughout the country to immediately track all automobiles in the nation, including their entrance and exit from the country. These checkpoints are expected to improve safety in cargo haulers, toll roads and other road based infrastructure. Administrators hope that in the future the chips will be used to  automatically open gates and pay highway tolls.

While citizens are probably appreciative of the security aspects – stolen cars will be able to be tracked to nearby checkpoints and automatically notify police. The fact that the government will be able to place a citizen’s car anywhere in the nation is worrying.  Many consider this to be an unparalleled breach of privacy, and the possibility of misuse is staggering.

Known as the “National System for Automatic Vehicle Identification” (Siniav), this Federal Resolution as administered by the National traffic Department requires that the system will be compulsory for all citizens by the 1st of January 2013. The implementation is scheduled to be completed by June 30, 2014. This required installation will cost all car owners approximately $5 for installation, while all new cars will have them pre-installed.

Officially the Siniav will allow for instant identification and location of fixed or mobile vehicles. This surveillance will be able to track the car throughout the country.

The quick identification of vehicles is worrying to some individuals. While the Brazilian government claims that the system will be confidential and secure, disclosure through a third party system does not alleviate suspicious. Despite the fact that all contractors involved with the program are required to sign confidentiality agreements, many believe it to be an unreasonable invasion of privacy. Some agencies believe that the increased security measures are a justifiable governmental interest and these electronic tracers are reasonable method for tracking automobiles.

The Order of Lawyers of Brazil, believe that knowing the exact location of the vehicle and its owner would be a violation of their constitutional right to privacy and the security of its citizens. All this confidential information must be held securely; and they find that that knowledge about vehicle ownership held by a contractor is contrary to public safety.

 

For further information, please see:

Zero Hora – Vehicles Need To Have Electronic Monitoring Until 2014 – 8 October 2012

BoingBoing – Brazil To Roll Out National Radio-Chip ID/Surveillance/Logging For All Vehicles – 6 October 2012

Brasilia Em Tempo Real – SINIAV Become Operational In January 2013 – 3 October 2012

Diario de Pernambuco – Vehicle Identification System Divides Expert Opinion – 3 October 2012

Segs – Operation of Siniav Will Be From January 2013 – 3 October 2012

 

Tanneries in Dhaka allegedly poisoning workers and residents

By Irving Feng
Impunity Watch Reporter, Asia

Dhaka, Bangladesh – A recent Human Rights Watch (HRW) report alleges that tanneries in Bangladesh’s capital, that produce luxury leather goods sold around the world, are poisoning workers.

Worker carries tannery waste products. (Photo courtesy of The Chicago Tribune)

In Dhaka’s slum neighborhood of Hazaribagh, the tightly packed tanneries boast untreated waste water, which contains chemicals like sulfuric acid, chromium and lead as well as animal flesh.  The deadly cocktail of untreated waste water flows freely into open gutters near the tanneries which meanders its way through the city and into the city’s main river.

The tanneries employ roughly 15,000 workers including children as young as 11 years old.  The HRW report alleges a health and safety crisis that exists among the workers and their families.  Workers have contracted a host of health problems due to their occupation including a multitude of skin diseases, respiratory illness, diarrhea, and amputations caused by the operation of dangerous machinery.

Workers that were interviewed, like Sumon a 23 year old leather worker, reported shallow coughs and stabbing chest pains, most likely due to his exposure working at the tanneries.  He also reports that when he first started working at the tanneries, the fumes of the chemicals made him so ill he could not eat for 2 months, but now, the fumes don’t even register with him anymore.  Sumon believes that his occupation is hazardous to his health, but he has no choice because he is from an impoverished background.

Richard Pearshouse, author of the HRW report, saw firsthand how the residents of Hazaribagh lived.  Residents were reportedly bathing in black ponds in the slum neighborhood.  Young children employed in the tanneries were operating dangerous industrial machinery, cutting hides with sharp razor blades, and exposed to hazardous chemicals as they soaked hides.

Local authorities have allegedly ignored labor and environmental laws as well as court orders to clean up their acts.  The government’s hands off approach in the Hazaribagh area that houses approximately 90% of the tanneries in Bangladesh has created a dangerously unsafe environment teeming with hazardous chemicals.

Syeda Rizwana Hasan of the Bangladesh Environmental Lawyers Association has attempted to alert the proper authorities of the state Hazaribagh is in without any luck of swaying the government into taking action.  The government has alleged that there is a possible plan being devised to relocate the tanneries out of the slum neighborhood.  It is believed, however, that the government is delaying this process due to pressure from the tannery owners.

The Hazaribagh tanneries and the leather industry in Bangladesh have emerged as a major source of economic wealth in the country.  Though the country is still highly impoverished, the leather goods industry has helped make a dent by hauling in an estimated $663 million in 2011.  The chief importers of Bangladeshi leather are China, South Korea, Japan, Italy, Germany, Spain and the United States.

For further information, please see:

Accessories Magazine – Human Rights Group Warns of Toxic Leather Tanneries in Bangladesh – 9 October 2012

The Chicago Tribune – Photos: Toxic tanneries drive Bangladesh leather exports: report – 9 October 2012

Reuters – Toxic tanneries drive Bangladesh leather exports: report – 9 October 2012

The Times of India – Bangladesh: Tanneries harm workers, poison communities – 9 October 2012

Zee News – Bangladesh tanneries spew pollution, says report – 9 October 2012

The Himalayan – Workers pay high price at Bangladesh tanneries – 18 February 2011

ICTJ Press Release: Decision in Mau Mau Case

ICTJ Press Release