Afghanistan: Former Women's Minister Intimidated
(New York, June 26, 2002) Afghan President Hamid Karzai should put a
stop to the intimidation of former Women's Affairs minister, Dr. Sima
Samar, Human Rights Watch said today. A formal charge of blasphemy
against Dr. Samar was dismissed by a Kabul court on Monday, but future
charges are still possible."The blasphemy charge against Dr. Samar is part of a larger pattern of
threats and intimidation directed at legitimate representatives in
Afghanistan - and especially women," said LaShawn R. Jefferson,
Executive Director of the Women's Rights Division of Human Rights Watch.
"It seems that in Afghanistan, female leaders who stand up to warlords
are threatened, while the warlords themselves are given high-level
government posts."Human Rights Watch has learned that Dr. Samar received a summons on June
22 calling for her to appear in a Kabul court to face a blasphemy
charge. A letter to the editor in a weekly newspaper published by
Jamiat-e Islami, Payman-e Muhajid ("message of the holy warrior"), had
previously alleged that Dr. Samar told a Canadian newspaper that she did
not believe in Sharia (Islamic law). The writer had demanded that she be
given "appropriate punishment," and that the judicial authorities carry
out an investigation. After Dr. Samar complained to President Karzai,
the court dropped the charge on June 24, saying that it was not
supported by sufficient evidence. But a deputy chief justice, Fazel
Ahmad Manawi, was quoted by the BBC as saying, "Maybe, if we get
stronger evidence, we will reopen the case.""The use of a blasphemy charge against Samar - even if it was later
dropped - is a troubling sign that the judiciary in Afghanistan might
become an instrument of political repression," said Jefferson. "The
charge can be reinstated, against Dr. Samar or anyone else, and be used
to silence and intimidate. The government needs to explain how all of
this happened, why it happened, and why it won't happen again."Human Rights Watch said the blasphemy charge is connected to reports of
threats during the loya jirga. During the loya jirga, Human Rights Watch
documented how Dr. Samar and several other female delegates were
targeted for intimidation on numerous occasions. The blasphemy
allegation was repeatedly highlighted by warlords threatening Dr. Samar.
Delegates aligned with the Jamiat-i Islami party, and other groups
aligned with the former president, Burhanuddin Rabbani, demanded that
she "repent" for comments in the paper. Chief Justice Shinwari was
widely reported in Afghan media as saying that Dr. Samar had made
"irresponsible statements" and that the Supreme Court of Afghanistan
believes that she cannot hold an official position in government.Human Rights Watch said that the intimidation and threats had helped to
marginalize Dr. Samar during and after the loya jirga.Human Rights Watch also called on President Karzai to carry through on
his promise to investigate all cases of intimidation during the loya
jirga, and to ensure the security of those who report such abuses.
Kuwait: Halt the execution of three Bangladeshi migrant workers
25 June 2002
London In a letter sent to the Amir of Kuwait, Shaikh
Jaber al-Ahmad al-Sabah, Amnesty International urged the Kuwaiti
authorities to suspend the imminent execution of Mohammad Zahar
Abdul Sattar, Anwar al-Zamaan and Anwar Khan Mohammad, migrant
workers from Bangladesh, who have been sentenced to death in
connection with the rape and murder of a Sri Lankan national,
after a grossly unfair trial according to one of their lawyers.Their execution is currently scheduled to take place
on Wednesday, 26 June, 2002, at eight o'clock in the
morning, at Nayef Palace, Kuwait City.One of their lawyers has stated that while in detention
all three men were repeatedly beaten; that their legs were bound
and the soles of their feet beaten bloody by a baton and no
medical attention was ever made available to them. He also added
that they did not understand the lower court proceedings which
resulted in sentences to life imprisonment for all three men, nor
the appeal court hearings which concluded that they should be put
to death.Amnesty International recognizes the rights and
responsibilities of governments to bring to justice those
suspected of criminal offences, but is unconditionally opposed to
the death penalty in all cases, as the ultimate violation of the
right to life.June Ray, Middle East Program Director, said: "The
decision to proceed with the execution of these three individuals
flies in the face of the progress represented by Kuwait's
accession in 1996 to the International Covenant on Civil and
Political Rights.""Plans to execute these three men must be immediately
halted and an investigation initiated into the allegations of
torture while in detention. The authorities should find out
whether the accused understood the court procedures they faced,"
she added.
Israel/Belgium: Dismay at Sharon case decision
26 June 2002
Amnesty International said it is extremely dismayed at the decision by
the Court of Appeal of Brussels that declared a complaint
concerning the "Sharon" case inadmissible. The Court's decision
was based on its analysis of Belgian law which concluded that no
investigation can be opened in Belgium for war crimes, crimes
against humanity or genocide unless the suspect is found in the
country.The complaint before the Belgian court concerned the
killings of at least 900 Palestinian men, women and children in
the Sabra and Shatila refugee camps in the suburbs of Beirut,
Lebanon in September 1982."This restrictive interpretation of Belgian national is
inconsistent with international law," said Amnesty International.The organization believes that the Belgian Parliament, in
enacting the 1993 law providing for universal jurisdiction over
war crimes, as well as in its 1999 amendment to that law
extending its scope to crimes against humanity and genocide,
intended to provide Belgian courts with the full extent of
universal jurisdiction over these crimes permitted under
international law.In fact, the four Geneva Conventions of 1949 authorize
Belgium to open an investigation for grave breaches of
humanitarian law regardless of the location of the suspect and to
seek the extradition of any person suspected of grave breaches
with a view to exercising universal jurisdiction even if that
person has never been in that country.The next step in this case is an appeal to the Court of
Cassation. If this unfortunate decision is upheld on appeal,
Amnesty International will seek an amendment of the Belgian law
to ensure that Belgium can continue to act on behalf of the
international community in investigating and prosecuting the
worst possible crimes in the world when states where the crime
occurred have failed to fulfil their responsibilities under
international law."The massacres of Sabra and Shatila refugee camps were
war crimes and need to be fully and impartially investigated,"
said Amnesty International."International law to combat impunity must not be
undermined, especially as the International Criminal Court will
enter into force on 1 July."Amnesty International is awaiting the full text of the
judgement. As the results of an Amnesty International study of national law
in more than 125 countries published in September 2001
demonstrate, international law permits any state to exercise
universal jurisdiction over war crimes, crimes against humanity,
genocide, torture and, indeed, even ordinary crimes, and all but
a handful of the national laws providing for universal
jurisdiction do not contain any requirement that the suspects be
present in the country in order for the police, prosecutors or
investigating judges to open a criminal investigation.The four Geneva Conventions of 1949 (Geneva Convention I,
Art. 49; Geneva Convention II, Art. 50; Geneva Convention III,
Art. 129; Geneva Convention IV, Art. 146) permit any state party
to open an investigation of grave breaches and to request the
extradition of suspects without any requirement that the suspects
have ever entered territory subject to that state's jurisdiction,
as long as they have sufficient information concerning the
possible criminal responsibility of the suspect (prima facie
evidence):"The High Contracting Parties undertake to enact any
legislation necessary to provide effective penal sanctions for
persons committing, or ordering to be committed, any of the grave
breaches of the present Convention defined in the following
Article 50 (Convention I):Each High Contracting Party shall be under the obligation
to search for persons alleged to have committed, or to have
ordered to be committed, such grave breaches, and shall bring
such persons, regardless of their nationality, before its own
courts. It may also, if it prefers, and in accordance with the
provisions of its own legislation, hand such persons over for
trial to another High Contracting Party concerned, provided such
High Contracting Party has made out a ' prima facie' case."
Israel / Occupied Territories: Palestinians suffer renewed collective punishment
26 June 2002
As Israel reoccupies villages and towns in the West Bank the
Palestinian population suffers the effects of widespread security
measures such as prolonged curfews, house demolitions or
administrative detention that amount to collective punishment,
said Amnesty International today.
"No abuses, however atrocious, by armed groups can
justify Israel's indiscriminate punishment," said Amnesty
International. All major West Bank towns have by now been
reoccupied and are placed under curfew for up to 24 hours a day,
preventing a population of 500,000 from pursuing their daily
life.
"The curfews are forcing Palestinians to spend long
periods under virtual house arrest," Amnesty International
stated.
The right to freedom of movement is further curtailed by
closures -- army barriers blocking all movement between towns and
villages -- and the introduction of a new rule that requires
every Palestinian travelling to another town in the West Bank to
obtain a permit from the Israeli Civil Administration.
"Economic, social and psychological consequences of
closures are extreme. Palestinians cannot go to work, products
cannot be transported and agricultural produce cannot be
harvested and sold. Cultural and social life is severely limited
while children lose weeks of schooling," the organization said.
In response to a spate of suicide bomb attacks by
Palestinian armed groups killing dozens of Israeli civilians,
Israeli authorities have begun to construct a heavily protected
security fence in the Occupied Territories. Some Palestinian
communities have been placed on the Israeli side of the barrier,
virtually cutting them off from the rest of the West Bank.
By demolishing houses of families of suicide bombers or
wanted Palestinians the Israeli authorities punish the families
collectively. The demolition of houses is prohibited under the
Fourth Geneva Convention except for cases of absolute military
necessity.
In addition to violating the Fourth Geneva Convention the
security measures taken by Israel also violate its obligations
under international human rights standards. The reoccupation has
been accompanied by the rounding up and arbitrary detention of
hundreds of Palestinians, who are held often in degrading
conditions without charge or trial.
Curfews and house demolitions have also led to violations
of the right to life. On 21 June a Palestinian man aged 60 and
two children, aged 11 and six, were killed in Jenin by a tank
round. They came out to shop when the curfew was reportedly
lifted. The Israeli Defense Forces have admitted that the
shelling of the market place was a mistake. But it is not clear
whether anyone will be held accountable for the killing. On the
same day a 12-year-old child was crushed to death during an
Israeli army demolition of a house in Jenin.
Israel appears to have resumed its policy of "targeted
killings" of suspected members of Palestinian armed groups. On 24
June the car of an alleged Hamas activist in Rafah was attacked
by a missile killing six people, including the driver of a
passing car and the Hamas activist.
"Unlawful killings of Palestinians continue as a result
of the virtually complete impunity offered to Israeli soldiers
who kill Palestinians," said Amnesty International.
"Durable security cannot be addressed by more repression
and more walls and barriers," commented Amnesty International.
"It can only be achieved if the human rights of all are
guaranteed."