Archive for the ‘Human rights’ Category

International outcry after Chinese dissident Liu Xiaobo sentenced to 11 years

December 26, 2009
Chinese dissident Liu Xiaobo and his wife Liu Xia in Beijing

(AFP/Getty Images)

Chinese dissident Liu Xiaobo and his wife Liu Xia in Beijing

Jane Macartney, China Correspondent, The Times/UK, Dec 26, 2009


China meted out its harshest punishment for subversion in two decades yesterday, sentencing the country’s leading dissident to 11 years in jail in a verdict that provoked international condemnation.

Liu Xiaobo, who organised a petition calling for political freedoms, stood silently in the No 1 Intermediate People’s Court in Beijing to hear the judge declare him guilty of “inciting subversion of state power”.

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Torture: The Transfers of Afghan Prisoners

December 24, 2009
Letter to Canada’s House of Commons

by Lawyers Against the War

Uruknet.info, Monday, December 21, 2009

Open letter to the Parliamentary Special Committee on the Canadian Mission in Afghanistan

Dear Committee Members:

Chair: Rick Casson, Vice-chair: Bryon Wilfert, Members: Jim Abbott, Ujjal Dosanjh, Francine Lalonde, Claude Bachand, Laurie Hawn, Dave MacKenzie, Paul Dewar, Greg Kerr, Deepak Obhrai:

Lawyers against the War (LAW) urges the Parliamentary Special Committee on the Canadian Mission in Afghanistan to recommend:

The immediate cessation of transfers of people taken prisoner in Afghanistan (prisoners) by Canada, to third countries, including Afghanistan; and,

That Canada immediately undertake effective protective and remedial measures with respect to all prisoners already transferred by Canada to third countries; and,

The creation of a judicial inquiry mandated to inquire into allegations that the transfers violate Canadian and international law and to recommend the civil and criminal remedies required by law.

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Lithuanian Probe Reveals Two CIA Black Sites

December 23, 2009

CIA Conducted ‘Interrogations’ in Stable

by Jason Ditz, Antiwar.com,  December 22, 2009

The Lithuanian Parliament released its findings into a probe of CIA activities in the nation today, confirming that the American spy agency in fact operated two “black sites” inside the Lithuanian capital city of Vilnius.

Povilas Malakauskas

The probe further showed that at least five CIA planes landed in the city and that Lithuania’s own domestic spy agencies prevented border guards from inspecting them. Lithuania’s civilian government denies ever having been informed of any such actions beforehand, and Prime Minister Andrius Kubilius called it a “matter of great concern.”

Rather the requests are said to have gone directly to Lithuania’s State Security Department, which approved the CIA’s requests establishing both a single-cell “interrogation” facility and later a larger site. A former stable on the outskirts of the city served as the CIA’s interrogation center.

The US has declined all comments into this probe so far, but the Lithuanian government seems determined not to allow the activity to damage relations at any rate. The State Security Department’s chief, Povilas Malakauskas, resigned last week in anticipation of the results of the probe.

Liu Xiabao Chinese dissident goes on trial

December 23, 2009
Al Jazeera, Dec 23, 2009
Liu Xiabao had repeatedly called for political reform and the protection of human rights in China [Reuters]


The trial of a leading Chinese dissident accused of trying to subvert the power of the state has ended after lasting just two hours.

Liu Xiaobo, a 53-year-old academic, who was previously jailed over the 1989 Tiananmen Square protests, has been charged with “inciting subversion of state power” for co-authoring a report appealing for political liberalisation.

Liu’s brother told reporters after the trial that a verdict was expected on Friday.

The highly-sensitive case has been criticised by human rights groups and Western governments who have urged China to drop the charges and immediately release Liu.

Western diplomats in Beijing had requests to attend the trial rejected, while other key Chinese dissidents were also reportedly warned to stay away.

Dozens of police ringed the courthouse on Wednesday as Liu’s trial was set to get underway.

If convicted, Liu faces a maximum of 15 years in prison. He has already been jailed for 21 months for participating in the Tiananmen protests.

The case against Liu centres on his co-authoring of a petition called Charter 08, which calls for the protection of human rights in China and reform of the country’s one-party communist system.

Petition circulated

Who is Liu Xiabao?
Liu Xiabao is a literary critic, a former professor of literature and human rights activist.

He has called for the reform of China’s one-party Communist system, and was jailed for 21 months for taking part in the Tiananmen Square protests of 1989.

In 1996, he served another three years in a “re-education” camp for seeking the release of prisoners jailed in the Tiananmen demonstrations.

Last year, he was arrested for co-authoring Charter 08 – a petition calling for freedom of assembly, expression, and religion in China.

In June, Liu was charged with the “incitement of subversion of state power” and could face up to 15 years in prison if convicted.

According to China Human Rights Defenders, a network of activists, the petition had been widely circulated online, and was signed by more than 10,000 people, including other dissidents and intellectuals.It specifically calls for the abolition of subversion in China’s criminal code – the very crime with which Liu has been charged.

Bao Tong, a former aide to ex-Chinese leader Zhao Ziyang, who was jailed for sympathising with the Tiananmen protests, also signed the petition.

“I insisted that I am a part of this case. If Liu Xiaobo is to be tried, then I should be tried as well,” he told AFP news agency.

“If he is found guilty, this will be a problem because it will mean that the freedom of speech and freedom of expression guaranteed by the constitution are fake.”

Liu is fighting the charges but has no plans to appeal if the verdict goes against him, his wife, Liu Xia, said ahead of Wednesday’s trial opening.

“With a government like this, a government without principles, there is nothing you can say,” she said.

Access barred

Gregory May, a political officer with the US embassy in Beijing, said he and other diplomats had been refused access to the trial.

“We were told all the passes were given out. We understand no one can get
in,” he told reporters.

“Liu Xiaobo’s detention and trial show that the Chinese government will not tolerate Chinese citizens participating in discussions about their own form of government”

Sam Zarifi,
Amnesty International’

“We call on the government of China to release him immediately. We urge that any judicial proceedings be conducted in a fair and transparent manner.”Nicholas Weeks, the first secretary of the Swedish Embassy, said diplomats from at least 15 countries were outside the court.

Human rights groups say the sensitive trial has been deliberately timed by Chinese authorities to coincide with the Christmas holiday period, in the hope that international media and foreign governments will overlook the case.

The subversion charge faced by Liu is often brought against those who voice opposition to China’s ruling Communist Party, and rights groups have accused the government of abusing such charges to silence its critics.

“Liu Xiaobo’s detention and trial show that the Chinese government will not tolerate Chinese citizens participating in discussions about their own form of government,” Sam Zarifi, the director of Amnesty International’s Asia-Pacific Programme, said in a statement.

“After Liu Xiaobo, more than 300 Chinese scholars, lawyers and officials who proposed a blueprint for improving their political system may be at risk, as well as nearly 10,000 signatories.”

World ‘failed Gaza over Israeli blockade’ – aid groups

December 22, 2009

By Tim Franks
BBC News, Jerusalem

Palestinians in Gaza

Aid agencies say the world community must put more pressure on Israel

Aid agencies have strongly criticised the international community for failing to help bring an end to Israel’s blockade of Gaza.

The charities made the accusation in a report published just ahead of the anniversary of Israel’s offensive in the Gaza Strip.

The aid agencies condemn not just Israel, but the world community.

In the words of Oxfam’s director, Jeremy Hobbs, “world powers have failed and betrayed Gaza’s ordinary citizens”.

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Gaza, Afghanistan and International Law

December 22, 2009
Interview with Richard Falk

Richard Falk, Professor Emeritus of International Law at Princeton University and author of “Crimes of War: Iraq” and “The Costs of War: International Law, the UN, and World Order after Iraq” recorded October 17, 2009 in Seattle

Information Clearing House, posted  Dec 21, 2009

Jimmy Carter: Gaza must be rebuilt now

December 19, 2009
We can wait no longer to restart the peace process. The human suffering demands urgent relief

Jimmy Carter, The Guardian/UK, Dec 19, 2009

It is  generally recognised that the Middle East peace process is in the doldrums, almost moribund. Israeli settlement expansion within Palestine continues, and PLO leaders refuse to join in renewed peace talks without a settlement freeze, knowing that no Arab or Islamic nation will accept any comprehensive agreement while Israel retains control of East Jerusalem.

US objections have impeded Egyptian efforts to resolve differences between Hamas and Fatah that could lead to 2010 elections. With this stalemate, PLO leaders have decided that President Mahmoud Abbas will continue in power until elections can be held – a decision condemned by many Palestinians.

Even though Syria and Israel under the Olmert government had almost reached an agreement with Turkey’s help, the current prime minister, Benjamin Netanyahu, rejects Turkey as a mediator on the Golan Heights. No apparent alternative is in the offing.

The UN general assembly approved a report issued by its human rights council that called on Israel and the Palestinians to investigate charges of war crimes during the recent Gaza war, but positive responses seem unlikely.

In summary: UN resolutions, Geneva conventions, previous agreements between Israelis and Palestinians, the Arab peace initiative, and official policies of the US and other nations are all being ignored. In the meantime, the demolition of Arab houses, expansion of Israeli settlements in East Jerusalem and the West Bank, and Palestinian recalcitrance threaten any real prospect for peace.

Of more immediate concern, those under siege in Gaza face another winter of intense personal suffering. I visited Gaza after the devastating January war and observed homeless people huddling in makeshift tents, under plastic sheets, or in caves dug into the debris of their former homes. Despite offers by Palestinian leaders and international agencies to guarantee no use of imported materials for even defensive military purposes, cement, lumber, and panes of glass are not being permitted to pass entry points into Gaza. The US and other nations have accepted this abhorrent situation without forceful corrective action.

I have discussed ways to assist the citizens of Gaza with a number of Arab and European leaders and their common response is that the Israeli blockade makes any assistance impossible. Donors point out that they have provided enormous aid funds to build schools, hospitals and factories, only to see them destroyed in a few hours by precision bombs and missiles. Without international guarantees, why risk similar losses in the future?

It is time to face the fact that, for the past 30 years, no one nation has been able or willing to break the impasse and induce the disputing parties to comply with international law. We cannot wait any longer. Israel has long argued that it cannot negotiate with terrorists, yet has had an entire year without terrorism and still could not negotiate. President Obama has promised active involvement of the US government, but no formal peace talks have begun and no comprehensive framework for peace has been proposed. Individually and collectively, the world powers must act.

One recent glimmer of life has been the 8 December decision of EU foreign ministers to restate the long-standing basic requirements for peace commonly accepted within the international community, including that Israel’s pre-1967 boundaries will prevail unless modified by a negotiated agreement with the Palestinians. A week later the new EU foreign policy chief, Baroness Catherine Ashton, reiterated this statement in even stronger terms and called for the international Quartet to be “reinvigorated”. This is a promising prospect.

President Obama was right to insist on a two-state solution and a complete settlement freeze as the basis for negotiations. Since Israel has rejected the freeze and the Palestinians won’t negotiate without it, a logical step is for all Quartet members (the US, EU, Russia and UN) to support the Obama proposal by declaring any further expansion of settlements illegal and refusing to veto UN security council decisions to condemn such settlements. This might restrain Israel and also bring Palestinians to the negotiating table.

At the same time, the Quartet should join with Turkey and invite Syria and Israel to negotiate a solution to the Golan Heights dispute.

Without ascribing blame to any of the disputing parties, the Quartet also should begin rebuilding Gaza by organising relief efforts under the supervision of an active special envoy, overseeing a ceasefire between Israel and Hamas, and mediating an opening of the crossings. The cries of homeless and freezing people demand immediate relief.

This is a time for bold action, and the season for forgiveness, reconciliation and peace.

‘The UK is not a banana republic’

December 18, 2009
By Daud Abdullah, Al Jazeera, Dec 18, 2009


More than half of the 1,400 Gazans killed during Operation Cast Lead were civilians  [GALLO/GETTY]

David Miliband, the UK’s foreign secretary, has apologised to his Israeli counterpart, Avigdor Lieberman, after the humiliation and embarrassment caused by the issuing of a warrant for the arrest of Tzipi Livni, the former Israeli foreign minister.The arrest warrant was issued over Livni’s suspected war crimes role during Israel’s war on Gaza, but was later withdrawn after she cancelled her visit to London.

Miliband also promised to begin work immediately to change UK laws to ensure that no such warrants would be issued for Israeli officials in the future. As an added sweetener to the act of contrition, Gordon Brown, the British prime minister, also personally called Livni to assure her she would always be welcomed to visit the UK.

All of this is easier said than done. Already there is a huge outcry in Britain over the mere thought of changing UK laws or reneging on treaty obligations simply to protect Israeli officials involved in the serial breach of international law.

In their deluded fantasy the Israelis claim that the judicial order in London will seriously impair bi-lateral relations between London and Tel Aviv, jeopardise the Middle East peace process and undermine Britain’s image in the region.

Historic Middle East role

Human rights groups have accused Livni of crimes against humanity

What a gross distortion. Britain’s historic relationship and role in the Middle East is unquestioned. Even though it has on many occasions acted against the national interests of the people of the region and the Palestinians in particular, it would be wishful thinking to suggest that it could be excluded from future negotiations.Instead of being eternally grateful to Britain for creating their state in Palestine, Israeli officials are today attempting to bite the very hand that fed them.

To claim that Britain is in trouble or would be the loser because of the court order is disingenuous. Actually, the only losers are those who planned, commissioned and executed the war crimes committed in the Gaza Strip.

They are the ones in hot water, so to speak, and the greatest service Brown could make on behalf of universal jurisdiction is to leave them to stew in it.

These sentiments were expressed by his former cabinet colleague Clare Short, a member of the Labour Party and an independent MP, while addressing a conference organised by the Palestinian Return Centre, in London.

A former minister for international development, Short said the crimes committed in Gaza during Israel’s Operation Cast Lead last year marked a defining moment in the conflict. She criticised how Israel has undermined the international system by its cavalier breach of conventions and established norms in an apparent attempt to tell the world that there are special laws for certain states and that it is a state above the law.

She derided the hypocrisy of those who seek to prosecute Omar al-Bashir, the Sudanese president, while at the same time they refuse and obstruct efforts to investigated and prosecute Israeli criminals.

Violations of international law

The groveling apology to Israel, after the British ambassador was summoned for a reprimand by the Israeli foreign ministry, is the type of reaction expected from a banana republic, not from Great Britain.

Should the foreign secretary entertain Lieberman, a Jewish settler himself and a resident of Nokdim, a West Bank settlement considered illegal under international law? What a contradiction.

The official policy of the UK government is that all settlements in the lands occupied in 1967 are illegal and violate UN Security Council resolutions and the Fourth Geneva Convention.

It is poignant to point out that Livni’s father and mother were regarded as “terrorists” by the British Mandate authorities in Palestine in the 1940s and were both captured and locked up. Under Article 146 of the Fourth Geneva Convention, Britain still has an obligation to “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”.

What is at stake in this imbroglio is the independence of the British judiciary, an institution that for hundreds of years has been a source of national pride and emulated by many nations.

It is for this reason there is anger and outrage over the government’s declared intent to succumb to Israel. The implication, of course, is the fear that in future Britain would not be able to lay any claim to be a bastion and guardian of international law. The rhetoric of ‘rule of law’ will run hollow if there was any change of the law for no other reason except to protect war criminals who happen to be members of the club.

Compelling evidence

Palestinians run for cover after an Israeli air raid struck a UN school in Gaza [AFP]

It must be recalled that these laws came into being because of the Nazi war crimes and crimes against humanity. Only last month there was great satisfaction and hubris when John Demjanjuk was brought before a German court more than 60 years after allegedly committing his crimes.The message was clear: that war crimes and crimes against humanity are so repugnant that they must not go unpunished.

The case against the Israeli minister and her accomplices was made not by Richard Goldstone only.

A number of independent reports including the report of Independent Fact-Finding Committee on Gaza to the Arab League, the Martin Commission report to the UN secretary-general on attacks on UN premises, and reports by Human Rights Watch, Amnesty International, Physicians for Human Rights and the National Lawyers Guild, all support the conclusion that war crimes and crimes against humanity were committed by the Israeli military in its Operation Cast Lead.

It was because of this compelling evidence that a British judge issued the warrant for Livni’s arrest. To present the matter as if it were a malicious witch hunt is simply beside the point. Surely it would be a travesty of justice if what occurred in Gaza was not investigated and prosecuted.

Peace in the region has remained elusive precisely because of this failure to be even-handed in the application of international law, always at the expense of Palestinian rights.

If Palestinians do not have recourse to the law, one wonders what other options are left to them when their legitimate grievances are ignored.

Daud Abdullah is the director of the Middle East Monitor, an independent media research institution founded in the United Kingdom to foster a fair and accurate coverage in the Western media of Middle Eastern issues and in particular the Palestine Question.

The views expressed in this article are the author’s own and do not necessarily reflect Al Jazeera’s editorial policy.

Opportunity Lost: Obama in Oslo

December 17, 2009

By Daniel C. Maguire , Consortiumnews.com, Dec 16, 2009

Editor’s Note: In his Nobel Peace Prize acceptance speech in Oslo, President Barack Obama downplayed the bloodshed caused by scores of U.S. military interventions and covert operations over the past six decades – and sought to justify his own escalation of the eight-year-old war in Afghanistan.

In this guest essay, Daniel C. Maguire, a Professor of Ethics at Marquette University, found Obama’s effort disappointing and disingenuous:

Whether Obama deserved the Nobel Peace Prize is not the point. He didn’t. The fact is he got it, and was gifted with the chance of a lifetime to make a classic speech on the politics of peace-making, a speech that in the glare of Nobel could have attained instant biblical standing.

He failed miserably, producing a hodge-podge that resembled the work of a bright but undisciplined sophomore.

He hoisted his petard on the classical “just war theory,” a theory that, properly understood, condemns his decision to send yet more kill-power into Afghanistan.

This theory which is much misused and little understood is designed to build a wall of assumptions against state-sponsored violence, i.e. war. It puts the burden of proof on the warrior where it belongs.

It gives six conditions necessary to justify a war. Fail one, and the war is immoral. The six are:

(1) A just cause. The only just cause is defense against an attack, not a preemptive attack on those who might someday attack us. Obama flunked this one, saying our current military actions are “to defend ourselves and all nations from further [i.e. future] attacks.” President Bush speaks here through the mouth of President Obama.

(2) Declaration by competent authority: Article one Section 8 of the Constitution which gives this power to the Congress has not been used since 1941. Congressional resolutions instead yield the power to the President.
Obama: “I am responsible for the deployment of thousands of young Americans to battle in a distant land.” Sorry. Not according to the Constitution.

On top of that we are bound by treaty to the United Nations Charter. Article 2, Section 4 prohibits recourse to military force except in circumstances of self-defense which was restricted to responses to a prior “armed attack” (Article 51), and only then until the Security Council had the chance to review the claim.

Obama fails twice on proper declaration of war. He violates the UN Charter by claiming the right to act “unilaterally” and “individually.” Again, faithful echoes of President Bush.

(3) Right intention: This means that there is reasonable surety that the war will succeed in serving justice and making a way to real peace.

Right intention is befouled by excessive secrecy, by putting the burdens of the war on the poor or future generations, by denying the right to conscientious object to soldiers who happen to know most of what is going on, and by a failure to understand the enemy’s grievances.

Obama declares gratuitously: “Negotiations cannot convince al Qaeda’s leaders to lay down their arms.” So all we can do is send soldiers to kill them? Really? What negotiations have been tried to find out why they hate us and not Sweden, or Argentina, or China?

A pause for reflection might show that those and other countries are not bombing and killing civilians in three Muslim countries simultaneously. That could generate a little resentment. None of those countries not targeted by al Qaeda are financing Israel’s illegal occupation of Palestinian lands in violation of UN resolutions.

The processes of negotiation allow light to shine in dark corners. Realpolitik eschews the light.

(4) The principle of discrimination, or non-combatant immunity. The science of war has made this condition so unachievable that only the policing paradigm envisioned by the UN Charter could ever justify state-sponsored violence.

Police operate within the constraints of law, as a communitarian effort, with oversight and follow-up review to prevent undue violence. Obama’s allusion to “42 other countries” joining in our violent work in Afghanistan and Iraq mocks the true intent of the collective action envisioned by the UN under supervision of the Security Council.

It is a mere disguise for our vigilante adventurism.

(5) Last resort. If state-sponsored violence is not the last resort we stand morally with hoodlums who would solve problems by murder. Obama fails to see that modern warfare, including counterinsurgency, is not the last or best resort against an enemy that has four unmatchable advantages: invisibility, versatility, patience, and the ability to find safe haven anywhere.

The idea of a single geographic safe haven is a myth and an anachronism reflecting the age of whole armies mobilizing in a definable locus.

Obama’s speech showed no appreciation of the alternative of peace-making. A Department of Peace (which would be a better name for a revitalized and better-funded State Department) would have as its goal to address in concert with other nations tensions as they begin to build.

Neglected crises can explode eventually into violence. This is used to assert the inevitability of war when it is only an indictment of improvident statecraft.

(6) The principle of proportionality: Put simply, the violence of war must do more good than harm. In judging war the impact on other nations and the environment must also be assessed in the balance sheet of good and bad results.

This is a hard test for modern warriors to pass. Victory in war is an oxymoron. No one wins a war: one side may lose less and may spin that as victory. Obama’s faith in the benefits of warring in three Muslim countries is delusional.

President Obama in Oslo was more a theologian than a statesman. He gave a condescending nod to nonviolent power but his theology of original sin tilted him toward violence as the surest and final arbiter for a fallen humanity.

It is “a pity beyond all telling” that the “just war theory” he invoked condemns the warring policies he anomalously defended as he accepted the Nobel Prize for Peace.

Daniel C. Maguire, a Professor of Moral Theological Ethics at Marquette University, is the author of The Horrors We Bless: Rethinking the Just-War Legacy.

Desmond Tutu On Cyprus

December 17, 2009

By Christiana Voniati, Countercurrents.org, Dec 16, 2009

Some call him Father; others call him “the voice of global consciousness”. As a child, he experienced the criminal nature of Apartheid in South Africa. Nobel Laureate Archbishop Desmond Tutu was the man who, along with Nelson Manedla, brought an end to the racist regime of his country, marking an immense victory of humanity. Small in stature, giant in spirit, Tutu has become a global symbol, not only for peace, but also for reconciliation, which “can only come about through forgiveness”. In the post-Apartheid era, Tutu chaired the Truth and Reconciliation Commission, which aimed at examining the circumstances under which the horrific crimes took place during the resist regime. The Commission had the authority of granting amnesty to those who gave a full confession concerning the politically motivated crimes they had committed. Transferring the wisdom of his struggle and experience, the Chairman of the Elders has recently visited half-occupied Cyprus, offering his moral support to the laborious negotiations for a peaceful solution to the Cyprus problem. When asked why he chose to visit Cyprus, of all the other problematic areas of the planet that may need his support, Tutu answered: “I can smell the scent of peace here… I came to give it a little push, if I can”…

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