Impunity Watch: Middle East

BRIEF: Children Tortured in Iraqi Prisons

BAGHDAD, Iraq-  Local NGOs have raised concerns regarding reports that children have been tortured and abused while being interrogated in Iraqi prisons.

“‘Children are being treated as adults in Iraqi prisons and our investigations have shown that they are being abused and tortured,’ said Khalid Rabia’a, a spokesman for the Prisoners’ Association for Justice (PAJ).”  (IRIN)

Mr. Rabia’a cited an example of five child prisoners who were between 13 and 17.  The children were interrogated because the Iraqi military operators had suspected that the children were supporting insurgents.  “‘The five children showed signs of torture all over their bodies.  Three had marks of cigarettes burns over their legs and one couldn't speak as the shock sessions affected his conversation,’ Rabia'a said.” (IRIN)

The Iraqi government has denied the allegations and stated that those individuals who have abused adults or children through the prison system have been eliminated and punished.  However according to the IRIN, at least 220 children are being held in the Iraqi prisons.  An Iraqi official, who requesting anonymity, stated to IRIN that under his watch alone there were 20 children held captive and being abused.

The problem has been acknowledged by Iraqi Vice President Tarek al-Hashimy, who is beginning a campaign to end child abuse. 

For more information, please see:

IRIN Middle East- IRAQ: Child prisoners abused and tortured, say activists-  25 October 2007

BRIEF: Israel's AG suspends Gaza sanctions

JERUSALEM, Israel – On October 28, Israel confirmed that it began to restrict delivery of fuel to Gaza, pursuant to sanctions recently approved by Barak.  However, ten human rights groups have petitioned Israel’s High Court of Justice to order Israel to freeze implementation of the sanctions.  The court rejected the petitioners’ demand for a freeze, but instead required the government to justify its decision by November 2.  According to the petitioners, the sanctions are a collective punishment that would cause “irreversible damage to the health and welfare of the residents of Gaza.”  While the court ordered Israel to justify the sanctions, they refrained from banning the sanctions completely.  In response to the court order, Israel’s Attorney General, Menachem Mazouz, suspended plans to restrict delivery of fuel and electricity to Gaza.  He stated that more research is required to implement the plan without causing a humanitarian crisis.

The European Union and United Nations criticized Israel’s decision to impose economic sanctions.  The European Union called the measures “collective punishment” and while noting the distressed caused by rocket attacks, stated that collective punishment is never the answer.  Also, UN Secretary-General Ban Ki-moon repeated his call to militants to halt their rocket attacks but called Israel’s planned response to be “unacceptable.”

For more information, please see:

Associated Press – Israeli AG halts electricity cut to Gaza – 30 October 2007

BBC – Gaza electricity cuts suspended – 30 October 2007 

Ha’aretz – Mazuz prohibits punitive power cuts in Gaza Strip – 30 October 2007

Forbes – Court orders Israel to justify Gaza sanctions – 29 October 2007

Yedioth – Petition: Prevent reduction of Gaza fuel, electricity supply – 28 October 2007 

Migrant Construction Workers Strike in Dubai

By Laura Zuber
Impunity Watch Reporter, Middle East

DUBAI, United Arab Emirates – Thousands of foreign construction workers protested over low wages and poor working and living conditions.  Early October 27, workers, mostly of south Asian origin, took to the street to demand a pay rise, better living conditions, and better transportation to work.  The demonstration turned violent when Dubai police tried to remove a road block.  Some protesters threw stones at the police and passing motorist; one motorist sustained minor injuries.

A Jebel Ali (a construction company) representative stated that workers involved in the riot, which resulted in the damage of public property, had been detained and will be deported.  Gulf News reported that a UAE Ministry of Labour official confirmed that some rioters were in custody and that a team of ministry employees were working to cancel the workers’ visas.  In a statement following the protests, Minister of Labour Ali bin Abdullah Al Ka'abi said that the government will take the necessary measures to deport whatever number of workers responsible for the riots.  The Ministry of Labour said that it warned workers to return to work or their visas may be cancelled and they will face a lifetime ban from entering the UAE. 

Despite the threat of deportation, many workers went on strike on October 28.  Foreign construction workers have gone on strike several times earlier this year.  Now, like then, the workers demand higher and/or timely wages, and better working conditions.  The demands for higher wages have become more urgent in recent months as a result of the falling US dollar.  The UAE dirham is closely tied to the US dollar.  As a result of the decreasing value and increased cost of living in Dubai, many workers are not able to save money to send to their families.  Most of the workers come from India, Pakistan, Bangladesh, and Sri Lanka. 

In response to the strikes, the Minister of Labour labeled the acts as “uncivilized” and that the workers should have registered their complaints peacefully.  However, workers claim that they had no other option since their requests for higher wages and better conditions had been ignored by the construction companies.  Despite visibility of their plight, workers have seen little support from the local and international community.  Some analysts, such as Mohammed al-Shaiba, believe now is the time for the government to set a minimum wage.

For more information, please see:

Al Jazeera – Dubai construction workers strike – 29 October 2007 

BBC – Dubai construction workers strike – 29 October 2007 

ArabianBusiness.com – UAE threatens deportation after violent protest -28 October 2007 

Guardian – Dubai strike threatens building boom – 28 October 2007 

Gulf News – Workers to be deported after violent demonstration – 28 October 2007

For more information about the condition of migrant workers in the UAE, please see:

Al Jazeera – Blood, Sweat, and Tears – 15 August 2007

Human Rights Watch – Building Towers, Cheating Workers: Exploitation of Migrant Construction Workers – 12 November 2006

UPDATE: Al-Badawi still detained by Yemen

SANAA, Yemen –September 26’s website, run by the Yemeni Defense Ministry, claimed that an Interior Ministry source said that Jamal al-Badawi is still detained and not freed, as security officials stated earlier.  The unnamed source said that al-Badawi is a detainee of the Interior Ministry and is under investigation by the concerned authorities.  Yemen’s official news agency, SABA, printed a short statement that a security source confirmed that al-Badawi is still is custody.  The Interior Ministry source stated that al-Badawi was not completely free, but did not clarify whether he was in prison or under house arrest.  According to the Yemen Observer, more than one security official at Aden Central Prison confirmed that al-Badawi was in prison.  A source stated that he “will remain in prison and under close scrutiny.”

On October 25, security officials claimed that al-Badawi was released to house arrest after pledging allegiance to Yemen’s president, Ali Abdullah Saleh and promised not to participate in terrorism.  Members of al-Badawi’s family told Reuters that his sentence was commuted to house arrest and that they visited him at his home.  Also, witnesses told the Associated Press that al-Badawi received family and friends at his home in Aden. 

Al-Badawi was convicted and sentenced to death for his role in planning and carrying out the 2000 attack on USS Cole.  The sentenced was later commuted to 15 years in prison.  Two weeks ago, he turned himself in after escaping from prison in 2006.

For more information, please see:

Almotamar – Al-Qaeda militant al-Badawi in custody and under interrogation – 28 October 2007 

International Herald Tribune – Mastermind of USS Cole attacks still in detention, 2 Yemeni government web sites say – 28 October 2007 

NewsYemen – Yemen denies al-Badawi release – 28 October 2007 

Reuters – Yemen says bomber of U.S. destroyer Cole still detained – 28 October 2007 

SABA – Al-Badawi is in custody: official source – 28 October 2007 

Yemen Observer – Jamal al-Badawi is in jail – 28 October 2007 

Tension Mounts between Turkey and Iran against Kurdish militia in Iraq

By Vivek Thiagarajan
Impunity Watch Senior Desk Officer, Middle East

ANKARA, Turkey- Turkey’s likelihood of invading Iraq in order to eliminate the Kurdistan Workers’ Party (PKK) rebels has increased.  The PKK desires an independent Kurdistan for the Kurds living in Turkey.  The Turkish military reported that it has eliminated 30 terrorists that were preparing to ambush the Turkish military.  Since Sunday, 64 insurgents have been killed by the Turkish military.  (Fox News- AP)

Also, the possibility of a peaceful remedy through diplomacy between Turkey and Iraq is quickly diminishing.  Turkish Defense Minister Jassim stated that Turkey had proposed “concrete steps” to rectify the problems with Iraq.  (AFP)  According to Turkish Foreign Minister Babacan Iraq has not responded accordingly and has only said “just words” and not “concrete proposals”, which is increasing Turkish frustration. (AFP)

The increased tension has been encouraged by the PKK and possibly militant factions within the Turkish military.  The PKK waged a constant war with Turkey from 1984-1999.  At the end of the war the PKK lost support as its supporters got tired of the warfare.  The PKK could benefit from a Turkish invasion of Iraq, because it would probably create animosity toward the Turkish government by the 15 million Turkish Kurds, which the PKK hopes it can translate into its supporters.  This prolonged warfare was very difficult on the nation of Turkey.  Generally, the people of Turkey have appreciated the relative peacefulness they have experienced since the end of the war.  However, since the war has ended the Turkish military has not occupied the limelight.  This has led some analysts believe that some militant factions in Turkey are inciting violence in order to restore prominence back to the Turkish military, which would come through another war with the PKK.  (Independent Online) 

The situation has gotten worse as the Iranians have simultaneously expressed their anger towards the Party of Free Life of Kurdistan (PJAK). The PJAK is a militia seeking to create an independent Kurdistan and is affiliated with the PKK and has recently increased its attacks on security forces in northwestern Iran.  The Iranians also have expressed their belief that the situation can be resolved peacefully.

Although the direct diplomacy between Turkey and Iraq has been faltering, Turkey has stated that it will not invade Iraq until after the Prime Minister Erodgan’s diplomatic visit with President Bush on November 5.  Also, U.S. Secretary of State Condoleezza Rice is planning to visit Ankara on November 1. 

For more information, please see:

Al-Jazeera- Turkey Delays PKK attack decision- 27 October 2007

Al-Jazeera- Turkey-Iraq talks on PKK 'fail'- 27 October 2007

Al-Jazeera- Turkey troops kill Kurdish fighters- 28 October 2007

AFP- Turkish leaders increase pressure on US, Iraq- 24 October 2007

Fox News (AP)- Turkey: U.S. Will Not Stop Iraq Incursion; 64 Suspected Rebels Killed- 25 October 2007

Guardian Unlimited- Turkish Forces Clash With Rebel Kurds- 28 October 2007

Independent Online-   Turkey reluctantly prepares for attack on Kurds-  28 October 2007

Tunisia Sends Former Guantanamo Detainee to Prison for Three Years

By Kevin Kim
Impunity Watch Reporter, Middle East

TUNIS, Tunisia – A Tunisian court convicted a former Guantanamo Bay prisoner for three years on terrorism charges Wednesday. Lotfi Lagha, a Tunisian national, had been charged with criminal association with the aim of harming or causing damage in Tunisia. Lagha plans to appeal the guilty verdict, but his lawyers allege that the Tunisian authorities had beaten him during detention.

Earlier this month, a federal judge in Washington made an unprecedented decision in blocking US military’s plans to transfer a Guantanamo Bay detainee to Tunisia because the detainee may be tortured in his home country. Judge Kessler of the US District court for the District of Columbia said sending the detainee to Tunisia would be "profound miscarriage of justice" that would amount to a death sentence. Two former Tunisian detainees sent home had already reported having been abused and tortured. Human rights group report that the Tunisian security forces use sleep deprivation, electric shocks, submersion of the head in water, beatings and cigarette burns.

Yet US authorities repatriated Lagha in June after he spent five years in the detention center at the U.S. Navy base in Guantanamo, Cuba. Abdullah al Hajji Ben Amor, another former detainee who faces trial at the end of October, was returned home at the same time as Lagha. Both Lagha and Hajji alleged that they were mistreated by the Tunisian authorities while in detention.

Lagha was arrested in 2002 on the border between Pakistan and Afghanistan but it remains unclear why he was there. Lagha also alleged mistreatment while in US custodies. He told his lawyers that US medics cut his frostbitten finger unnecessarily and against his will while in the center.

Currently, ten Tunisian detainees remain in Guantanamo Bay and at least eight of them have been convicted of crime in Tunisia even though they were not present at their trials.

Tunisia denies all allegations on human rights abuses.

For more information, please see:

Reuters – Tunisia jails ex-Guantanamo prisoner for three years – 24 October 2007

Guardian Limited – Ex-Gitmo detainee convicted in Tunisia – 24 October 2007

Arab News – US judge blocks Guantanamo detainee transfer to Tunisia – 11 October 2007

BBC News – US judge blocks Guantanamo move – 10 October 2007

AFP – US judge blocks repatriation to Tunisia of Guantanamo detainee – 10 October 2007

BRIEF: Yemen releases USS Cole plotter

SANAA, Yemen – Jamal al-Badawi, a Yemeni man convicted of plotting the bombing of the USS Cole in 2000, which resulted in the death of 17 US soldiers, was freed to house arrest by Yemen.  In 2004 he was sentenced to death for his role in plotting and carrying out the attack on the USS Cole.  This sentence was later commuted to 15 years imprisonment. 

Badawi was one of 23 prisoners that escaped from jail in 2006.  He voluntarily turned himself in two weeks ago.  A Yemeni government official said that Badawi remains “under close scrutiny and control of security forces.”

National Security Council spokesman Gordon Johndroe stated that “the United States is dismayed and deeply disappointed in the government of Yemen’s decision not to imprison Badawi.”  He claimed that Yemen’s action is inconsistent with the bilateral counterterrorism cooperation between the US and Yemen.

For more information, please see:

BBC – USS Cole plotter freed by Yemen – 27 October 2007

AHN – USS Cole bomb plotter in Yemen freed – 26 October 2007 

Associated Press – US criticizes Yemen on terrorism – 26 October 2007 

Reuters – Yemen grants house arrest to Cole attack planner – 26 October 2007 

Sponsors Agree to Delay Armenia 'Genocide' Vote

By Kevin Kim
Impunity Watch Reporter, Middle East

YEREVAN, Armenia – On Thursday, supporters of a bill in the US Congress labeling 1915 mass killing of Armenians by Ottoman Turks as “genocide” have agreed to postpone the measure. 

In early October, the House of Representatives Foreign Affairs Committee passed the bill censuring World War I killing of Armenians.  But support for the bill deteriorated later in the month when Turkey recalled its US ambassador and the Turkish government’s angry reaction fueled fears within Congress that it would cripple the ties between the two nations.

Turkey is a key US military and diplomatic ally in the Middle East region.  Declining relations with a rare Muslim ally could deny American access to Incirlik airbase, or other supply lines vital to US forces in Iraq and Afghanistan.  Once this potential geopolitical impact became known, the White House also began to persuade the bill sponsors for postponement.

Eventually, the four main sponsors of the bill – Democrats Adam Schiff, Brad Sherman, Anna Eshoo and Frank Pallone – bowed to White House pressure.  Still, the four believe the bill still has significant backing in Congress and their colleagues will vote for it when “timing is more favorable.”  Democrats also argued that “by refusing to condemn the Armenian massacres as 'genocide,' the United States will encourage impunity for current and future crimes against humanity.”

Republican House minority leader John Boehner, in contrast, agreed with the decision to delay the vote.  Although he acknowledged that “the suffering the Armenian people endured was tragic,” “this 90-year-old issue should be settled by historians, not by politicians.” 

Many Western historians say the killing of at least 1.5 million Armenians from 1915 to 1917 by the Ottoman Empire was genocide.  While Turkey accepts there were mass killings, they dispute the number of dead and the depiction of the killings as genocide.  On Friday, Armenian officials said they were “surprised” that concerns on US-Turkey relations had been allowed to stall this non-binding, symbolic “verbal acknowledgement.”   

For more information, please see:

News.com.au - US vote on Armenia 'genocide' delayed - 27 October 2007

Reuters - Armenia 'surprised' at storm over genocide - 26 Octboer 2007

BBC News - US delays Armenia 'genocide' vote - 26 October 2007

AFP - Backers of Armenia genocide bill agree to delay vote - 25 October 2007

Barak approves of Gaza power cuts

By Laura Zuber
Impunity Watch Reporter, Middle East

JERUSALEM, Israel – Israel’s defense minister, Ehud Barak, approved sanctions against Gaza in an attempt to halt rocket attacks.  Israel hopes that by cutting off electricity and other supplies, Gaza residents will pressure militant groups to stop launching rockets into Israel.  Last month, Israel declared Gaza to be a “hostile entity” and reasoned that it would not be violating international law if they stopped supplying Gaza with electricity, water, or fuel.  Palestinians and many international organizations disagree and state that Israel has a responsibility, as occupiers, that these resources are supplied to Gaza.  The Carter Center, a human rights group began by former US President Carter, viewed the proposal as enforcing collective punishment against 1.4 million Palestinians for the actions of a few.

A senior defense official stated that Palestinians need to be shown that life does not go on when rockets land in Israel; “If rockets are fired, then the Palestinians will pay a price.”  Israeli Deputy Defense Minister, Matan Vilnai, led the development of the proposal.  He said the amount of power Israel supplied to Gaza will be “dramatically reduced” over the several weeks.  Officials stated that electricity will be shut off for 15 minutes following a rocket attack and the period will be extended as the attacks continue. 

It appears that Israel plans to eventually stop supplying Gaza with electricity at all.  Vilnai stated he hoped that Gazans would be able to produce their own electricity and would not be dependent on Israel.  Currently, 120 of the 200 megawatts consumed in Gaza are delivered directly from Israel.  Only 65 megawatts are produced in Gaza and the rest comes from Egypt.   

Israeli officials claim that they do not intend to cause a humanitarian crisis.  However, serious humanitarian issues already exist in the area.  Gaza is already isolated following a Western freeze on aid, when Hamas won elections in 2006, and Israeli border restrictions, following Hamas’ takeover of Gaza in June 2007.  The border restrictions allow only “vital humanitarian supplies.”  However, according to Gaza’s governor, 200 Red Cross vehicles carrying food and humanitarian aid are needed, but only 60 have been allowed to enter Gaza.  Hospitals are running out of supplies and only patients with serious injuries are treated.

For more information, please see:

Ha’aretz – PA seeks int’l intervention as Gaza power cuts imminent – 26 October 2007

Al Jazeera – Israel approves Gaza Sanctions – 25 October 2007 

BBC – Israel approves Gaza power cuts – 25 October 2007 

Guardian Unlimited – Israel proposes cutting power to Gaza to deter attacks – 25 October 2007 

International Herald Tribune – Israel plays down Mideast conference, approves Gaza sanctions – 25 October 2007 

Jerusalem Post – Barak okays plan to gradually reduce power supply to Gaza – 25 October 2007 

Reuters – Barak approves limiting Israel’s Gaza power supply – 25 October 2007 

Yedioth – Palestinians: Limiting Gaza power supply a crime – 25 October 2007 

Al Jazeera – Israel set to sever power to Gaza – 24 October 2007 

Two Marines Face Court Martial regarding Haditha Situation

By Vivek Thiagarajan
Impunity Watch Senior Desk Officer, Middle East

BAGHDAD, Iraq- Two Marines are being charged for the incident revolving the incident in Haditha, Iraq.  Lance Cpl. Steven Tatum’s charges are “involuntary manslaughter, reckless endangerment and aggravated assault.”  (BBC News- Two marines to face Haditha trial)  Lt. Col. Jeffrey Chessani is has been charged with “dereliction of duty and failing to report and investigate deaths.”  (BBC News- Two marines to face Haditha trial)  Lt. Col. Chessani was also released of his command in April 2006 because of his role in the killings.  The Lt. Col. is the highest ranking officer since the Vietnam War to face court martial regarding his actions in combat.

The incident occurred in Haditha, which is located in the Anbar province, November 19, 2005.  Twenty-four Iraqi civilians were killed, including three women and seven children. The United States military initially reported that an improvised explosive device was set off that killed both Lance Cpl. Miguel Terrazas and many of the Iraqi civilians.  The other civilians were supposedly killed by ensuing gunfire with insurgents.   

However, local Iraqi survivors reported that the Iraqi civilians were actually gunned down by the American Troops.  The Iraqis stated that some angry American troops killed five unarmed men in a taxi who approached the bombing, and later gunning down the other 19 Iraqis at close range.  The incident gained great notoriety through a video that showed the aftermath of the killings.  The American military later changed its stance and apologized to the survivors in Haditha.

The trial will hopefully bring justice to the victims’ survivors through forcing each person to take responsibility for their actions attacking innocent civilians.  The trial will determine the US military’s stance on unjustified behavior and must show that incidents like Haditha are intolerable and demand high sanctions. 

There are many reasons that the military must sanction the individuals responsible for the deaths at Haditha.  First, high sanctions must be imposed for the Haditha crimes to dissuade others from committing similar crimes in Iraq.  Secondly, the United States can only take a vocal stand against other nations for violating human rights laws, if it holds its own citizens responsible to high standards.  Lastly, the military must sanction the men severely in order to win over the people of Iraq.

The marines will be tried in Camp Pendleton, which is located north of San Diego, California.  A trial date has not yet been set.

For more information, please see:

BBC News- Two marines to face Haditha trial- 20 October 2007

BBC News- What happened at Haditha?- 21 December 2006

CNN- Two Marines to face courts martial in Haditha incident- 19 October 2007

New York Times- Haditha Charges Pressed in 2 Cases- 20 October 2007

Reuters- Two U.S. Marines face Haditha courts-martial- 20 October 2007

Time Magazine- Collateral Damage or Civilian Massacre in Haditha?- 19 March 2006