Archive for the ‘Human rights’ Category

China urged to release scholar Liu Xiaobo

December 24, 2008

Liu Xiaobo has been detained for over two weeks

Liu Xiaobo has been detained for over two weeks

© Private

Amnesty International, 23 December 2008

After more than 14 days in detention it now appears that Chinese authorities intend to seriously prosecute the dissident literary scholar, Liu Xiaobo, for signing up to a campaign for political and rights reform.

Liu Xiaobo has been detained for over two weeks without the Chinese authorities releasing information about his arrest. Anyone held for longer than 14 days without formal arrest is considered a “major suspect” by Chinese criminal procedure law.

Charter 08, initially signed by approximately 300 Chinese scholars, lawyers and officials, proposes a blueprint for fundamental legal and political reform in China, with the goal of a democratic system that respects human rights. Since the Charter 08 launch, Chinese authorities have questioned and harassed numerous signatories, but Liu Xiaobo remains the only known signatory in detention.

Amnesty International has urged China’s authorities to release Liu Xiaobo immediately. Liu Xiaobo is one of China’s best-known dissidents. He was arbitrarily detained twice previously for his writings and his support of the 1989 pro-democracy movement in Beijing, when he spent several years in detention.

“If Liu Xiaobo is to ultimately be charged with state security crimes, it would be yet another example of how Chinese authorities are using the criminal law to squash pleas for reform,” said Roseann Rife, Deputy Director of Amnesty International’s Asia Pacific Programme.

Chinese authorities seized Liu Xiaobo at his home in Beijing on 8 December, two days before the Charter 08 planned launch, which was timed to coincide with the 60th anniversary of the Universal Declaration of Human Rights.

Amnesty International has called on the authorities to make public any information about his alleged crimes, the charges against him and his current whereabouts. Liu Xiaobo should also be allowed full access to legal counsel of his choice.

The police failed to give Liu Xiaobo’s family information about where he was detained or to provide a detention notice within 24 hours. These are both violations of the Criminal Procedure Law and the public security regulation regarding the procedures for handling criminal cases. Liu’s family-appointed lawyer has been unable to speak with Liu Xiaobo.

“The Chinese authorities must stop the ongoing harassment, detention, prosecution and imprisonment of Chinese human rights defenders and activists who peacefully exercise their constitutional rights to freedom of expression and association,” said Roseann Rife. “We urge that that they free Liu Xiaobo immediately.”

Read More

Online petition for release of Liu Xiaobo

Iran Shuts Office of Nobel Winner’s Rights Group

December 23, 2008

TEHRAN, Iran – Iranian authorities shut down the office of a human rights group led by Nobel Peace Prize winner Shirin Ebadi on Sunday as the group was preparing to honor a political activist who spent 17 years in prison in the Islamic republic.

[Iranian police have shut down the office of a human rights group headed by Nobel peace laureate Shirin Ebadi, seen here in her office, the deputy head of the Human Rights Defenders Centre, Narges Mohammadi, told AFP. (AFP/File/Atta Kenare)]Iranian police have shut down the office of a human rights group headed by Nobel peace laureate Shirin Ebadi, seen here in her office, the deputy head of the Human Rights Defenders Centre, Narges Mohammadi, told AFP. (AFP/File/Atta Kenare)

Iranian authorities banned Ebadi’s Center for Protecting Human Rights last year, but it had continued to operate from an office in the north of the capital, Tehran.Ebadi said police in uniform and plainclothes security officials raided and sealed the building where her group was working without presenting a warrant. No arrests were reported.

The semiofficial Mehr news agency reported that judiciary officials ordered the center’s closure because it did not have the required legal permits. A judiciary statement said the human rights center had issued statements that created an atmosphere “of media publicity against the establishment in recent years,” Mehr reported.

Ebadi said her group would continue its work despite the raid.

“Shutting down our offices won’t make us stop our human rights activities. We will meet again somewhere else and will continue to support the rights of activists and political prisoners,” she told The Associated Press.

Ebadi said recent reports by her group accusing the Iranian government of human rights violations might have prompted the crackdown. She said U.N. human rights representatives are not allowed to visit Iran but have seen the group’s reports and subsequently condemned what they called gross human rights violations.

In an annual report in May, Ebadi’s group said “freedom of speech and freedom of circulating information have further declined” since hard-line President Mahmoud Ahmadinejad took office in 2005.

Among her group’s work, it has campaigned for judicial reforms such as banning stoning and cutting off limbs as punishments for convicted criminals. It has also campaigned against executions of juvenile offenders.

Ebadi said the building authorities targeted Sunday was bought with money she received after winning the Nobel Peace Prize in 2003.

Ebadi, a lawyer and human rights and democracy campaigner, won the prize for efforts that included promoting the rights of women and children in Iran and worldwide. She is the first Iranian and Muslim woman to win the award.

“We will remain committed to defending the rights of defendants jailed for their political views and beliefs,” she said.

Her group had been planning to present an award Sunday to Taqi Rahmani, who spent a total of 17 years in jail after Iran’s 1979 Islamic revolution. Ebadi said he would be honored later.

Rahmani, 48, spent more than a third of his life in prison on vague charges of seeking to overthrow the ruling Islamic establishment. In 2005, Rahmani received an award from Human Rights Watch in recognition of the 17 years he spent imprisoned for his views.

Besides honoring Rahmani, Ebadi’s group had planned Sunday to mark the 60th anniversary of Human Rights Day.

MIDEAST: Death Penalty in Palestinian Territories Alarms Rights Groups

December 23, 2008

By Mel Frykberg | Inter Press Service

RAMALLAH, West Bank, Dec 23 (IPS) – New York-based Human Rights Watch (HRW) has sent urgent letters to Palestinian leaders in the Gaza Strip and the West Bank, urging them to commute the death sentences of 11 Palestinians currently awaiting execution.

The death-row inmates, including one who was a juvenile at the time of his conviction, were sentenced this year by Palestinian military and state security courts. Two of the inmates received trials that lasted just one day.

Joe Stork, the deputy director of Human Rights Watch’s Middle East division, appealed to Gaza’s Hamas leader, and de facto Prime Minister Ismail Haniyeh, and the West Bank’s Palestinian Authority (PA) President Mahmoud Abbas to urgently review the cases.

Under Palestinian law the penalties have to be either ratified or commuted by the PA president before they can be carried out.

“It’s deeply disturbing that Palestinian courts have resumed issuing death sentences at a time when the rest of world is moving toward abolishing capital punishment,” said Stork.

“President Abbas should make clear that he will commute all of these sentences when they arrive on his desk. Palestinian officials should announce an immediate moratorium on the death penalty and eliminate its use in Palestinian law.”

In separate letters to the Palestinian leaders, HRW also expressed concern about one of the defendants, Sa’id Jameel Zuhod, who was 17 when he together with three adults was found guilty of murdering and raping a child in Gaza in 2003.

In 2004 a Palestinian lower court sentenced Zuhod to life imprisonment on grounds of his youth. However, the Gaza Court of Appeals overturned this in 2005 and sentenced him to death. The sentence was upheld by the Gaza Court of Cassation in October this year.

HRW argued that if Zuhod’s execution goes ahead, the Palestinian territories will join the notorious club of Saudi Arabia, Sudan, Pakistan, Iran and Yemen in being the only governments to have executed juvenile offenders since 2005. Iran is the only country to have executed juveniles since 2007.

International human rights law prohibits the death penalty for all crimes committed by persons under age 18 at the time of the offence. Furthermore, the International Covenant on Civil and Political Rights (ICCPR) puts stringent restrictions on when the death penalty can be used in cases involving adults.

The Palestinian Penal Code allows courts in the West Bank to impose the death penalty for 17 separate offences. In the Gaza Strip, 15 offences are subject to the death penalty.

According to the Gaza-based Palestinian Centre for Human Rights (PHRC), Palestinian law justifying the death sentence is based on the Jordanian Penal Code which applies to the West Bank and the Egyptian Penal Code which applies to Gaza. This followed the two countries’ occupation of the two respective territories following the 1967 Arab-Israeli war.

In addition to these two laws the application of the death penalty was reinforced by the Revolutionary Penal Law of the Palestine Liberation Organisation (PLO) of 1979.

However, the Palestinian Legislative Council (PLC) has not ratified this law, especially as it relates to Palestinians accused of collaborating with Israel.

Many Palestinians who were sentenced to death by Palestinian courts or those who were arbitrarily executed, vigilante-style, by members of the resistance organisations were accused of treason by collaborating with Israeli death squads.

Despite the harsh attitude towards those accused of treason, the Angus Reid Global Monitor carried out a survey several years ago and found two-thirds of Palestinians reject the use of capital punishment.

The last time a Palestinian court sentenced someone to death or carried out an execution was in 2005. From 1994 to 2005 the PA issued 74 death sentences, some of which were commuted.

Israeli rights group B’tselem says that Palestinian military and state security courts, which pass many of the sentences, do not meet international standards of fairness before an independent and impartial court, in addition to violating human rights.

The courts are further accused of carrying out summary trials while the accused are denied access to effective legal counsel.

The late Palestinian President Yasser Arafat issued a presidential decree which established the state security courts without determining their mandates or the nature of the cases to be considered.

In 2001, in an attempt to partially overcome fierce international criticism for the application of the death penalty under its jurisdiction, the PA passed the Penal Procedures Law of 2001.

This enabled a condemned person to appeal the death sentence within 15 days of being sentenced. If this was rejected by the appeal court, the case would be referred to the PA president.

However, this new law didn’t preclude previous state security court death sentences, without the right to appeal, being carried out.

The World Coalition Against the Death Penalty (WCADP) stated that Abbas followed the new law with a decree issued in 2005 requesting all death sentences before the notorious state security courts be re-tried before civilian courts. However, WCADP notes that this decree has not been followed through and that death sentences continue to be declared in “conditions that contravene both international standards and Palestinian national legislation.”

The Palestinian territories do not constitute a sovereign state and neither Palestinian leadership are signatories to international human rights treaties. However, HRW points out that both Hamas and the PA committed themselves to upholding international law in regard to human rights. (END/2008)

Iraqi shoe thrower vows never to apologize to Bush, family says

December 22, 2008

RINF.COM, Sunday, Dec 21, 2008

Shoe-throwing journalist Muntather Zaidi told his family he would never apologize to President Bush for hurling his footwear at the American leader, even if he is chopped into pieces, his brother said after visiting him for the first time Sunday.

Muntather has become an unlikely hero to America’s critics for lobbing his shoes at Bush a week ago during the president’s surprise trip to Baghdad. His actions have been praised by religious leaders, ordinary people and governments hostile to the United States and even prompted marriage offers.

Muntather, from the Cairo-based satellite channel Baghdadiya, has been locked away and kept out of the public eye since last Sunday. The Iraqi government announced earlier in the week that Muntather had written to Prime Minister Nouri Maliki requesting forgiveness for attacking Bush. But Muntather’s brother Uday challenged the government’s assertions after the family’s first visit with the shoe-thrower.

” ‘Muntather said that he was forced to apologize to Maliki and he will never, never apologize to Bush even if they cut him into small pieces,’ ” Uday told The Times after his visit with his brother.

Uday said his brother had lost a tooth and his nose had required stitches because of the beatings he had suffered in custody.

“There were multiple bruises all over his body. There were cigarette burns behind his ears. He was beaten with metal rods. His eyes were swollen. They have assigned two medical doctors … to provide him with treatment in order to hide the evidence of torture,” Uday said

A judge investigating the case told the Associated Press on Friday that Muntather showed signs of having been beaten in custody.

According to his brother, Muntather had no regrets for attempting to hit Bush at a joint press conference with Maliki. He said Muntather told him: ” ‘I do not regret what I did. If I went back in time, I would do the same thing.’ ”

Uday said his brother wanted the world to know that he threw the shoe not for money, fame or an ulterior motive and had been ready to die. ” ‘I thought I was going to be shot immediately as I saw the bodyguards with the guns standing there, but I really did not care. I was prepared for anything because I did this for my country,’ ” Uday said his brother told him.

Meeting with Iraqi reporters on Saturday, Maliki criticized Muntather for giving the world a “bad image” of Iraq and harming the reputation of its journalists. Even so, Maliki said he made sure the journalist had a pillow, clean sheets and clothing his first night in captivity. He vowed the courts would decide Muntather’s fate. Before speaking, he listened to Iraqi reporters condemn Muntather’s behavior.

– Caesar Ahmed and Ned Parker in Baghdad

The Unfortunate, the Innocent and the Wrongly Convicted in the United States

December 22, 2008

Country Without Mercy

PAUL CRAIG ROBERTS | Counterpunch, Dec 19 – 21, 2008

The Christmas season is a time to remember the unfortunate, among whom are those who have been wrongly convicted.

In the United States, the country with the largest prison population in the world, the number of wrongly convicted is very large. Hardly any felony charges are resolved with trials. The vast majority of defendants, both innocent and guilty, are coerced into plea bargains. Not only are the innocent framed, but the guilty as well. It is quicker and less expensive to frame the guilty than to convict them on the evidence.

Many Americans are wrongfully convicted because they trust the justice system. They naively believe that police and prosecutors are moved by evidence and have a sense of justice. The trust they have in authorities makes them easy victims of a system that has no moral conscience and is untroubled by the injustice it perpetrates.

Lt. William Strong, son of a military family, tired of his wife’s unfaithfulness and filed for divorce. The unfaithful wife retaliated by accusing Strong of rape. There was no evidence of rape, but Strong was deceived into a plea bargain. Once Strong entered a plea, he was double-crossed and given 60 years.

Christophe Gaynor took an adolescent skateboard team to New York City for a competition. One of the kids attempted to buy illicit drugs. Gaynor threatened to tell the boy’s parents, and the boy pre-empted Gaynor by accusing him of sexual molestation.
Gaynor was openly framed in the Arlington, Virginia, court system.

Americans, or, perhaps more accurately, some Americans, were horrified by the photographs showing the torture of Iraqi detainees in Abu Ghraib by the U.S. military. The Senate Armed Services Committee has issued a report, which concludes that the torture policy originated at the highest level of the Bush administration. Those Americans with a moral conscience have reeled under further revelations – the torture of Guantanamo detainees, the transport of people seized by U.S. authorities to Third World countries to be tortured.

We have to ask ourselves, why American service men and women and CIA operatives delight in torturing people about whom they know nothing? It has been well known since the Stalin era that torture never produces accurate information. Yet, U.S. soldiers and CIA personnel jumped at the green light given to torture by President George W. Bush, Vice President Dick Cheney, Secretary of Defense Rumsfeld, and the U.S. Department of Justice. Why weren’t our soldiers shocked instead at the immorality of their leaders?

One answer is that the U.S. military no longer operates according to a code of honor. Military discipline in the traditional sense does not exist. The ethos of the U.S. military has degenerated into kick-ass macho. Major General Taguba, who, instead of covering up the Abu Ghraib scandal, attempted in his report to hold the U.S. military to its traditional principles, was forced to resign from the U.S. Army.

Another answer is that the work of torture, like police work and prosecutorial work, attracts brutal people who enjoy inflicting harm on others. The two Republican female U.S. attorneys in Alabama who framed Democratic Governor Seligman enjoyed ruining Seligman and bringing grief to his family.

Deborah Davies of the BBC’s Channel 4 undertook a four-month investigation of the torture of American prisoners inside American prisons. Videos taken by sadistic prison guards and videos recovered from surveillance cameras reveal horrible acts of torture and even of murder of prisoners by prison guards.

An American prison reformer told Deborah Davies, “We’ve become immune to the abuse. The brutality has become customary.”

“Law and order conservatives” have a great responsibility for this evil. Just as “law and order conservatives” created hysteria among the people about crime, they created hysteria about terrorists. Hysterical people condone great evils and arm government with power in the mistaken belief that it will protect them.

What kind of people have we become when we exercise no oversight over a criminal justice (sic) system that destroys the lives of innocent people and locks them away in prisons to be tortured by sadistic guards?

Paul Craig Roberts was Assistant Secretary of the Treasury in the Reagan administration. He is coauthor of The Tyranny of Good Intentions.He can be reached at: PaulCraigRoberts@yahoo.com

Systematic Failure to Protect Unaccompanied Migrant Children in Greece

December 22, 2008

Left to Survive

Some 1,000 unaccompanied migrant children who have entered Greece in 2008 without parents or caregivers struggle to survive without any state assistance, Human Rights Watch said in a new report issued today. Although a member of the European Union, Greece flouts its most basic obligations when it comes to meeting the rights of these children, many of whom come from war-torn countries, including Afghanistan, Somalia, and Iraq, with special protection needs.

This 111-page report documents the plight of the majority of unaccompanied children who have entered Greece and end up in a daily fight for survival.

RIGHTS-INDIA: New Anti-Terror Laws Draconian Say Activists

December 22, 2008

Analysis by Praful Bidwai | Inter Press Service

NEW DELHI, Dec 19 (IPS) – Following the late November terror attacks in Mumbai, India has passed two tough laws being seen by rights activists as potentially eroding the country’s federal structure and limiting fundamental liberties.

Parliament — meeting under the shadow of the November 26-29 attacks on India’s commercial hub resulting in close to 200 deaths — approved the legislations on Thursday with no considered debate and the ruling United Progressive Alliance (UPA) of Prime Minister Manmohan Singh pushing them past amendments tabled by several parliamentarians.

One law, the National Investigation Agency (NIA) Act, seeks to establish a new police organisation to investigate acts of terrorism and other statutory offences.

The other, the Unlawful Activities (Prevention) Amendment (UAPA) Act, radically changes procedures for trying those accused of terrorism, extends the periods of police custody and of detention without charges, denies bail to foreigners, and the reverses the burden of proof in many instances.

Civil liberties activists and public-spirited citizens are appalled at the new laws, which they describe as draconian and excessive in relation to the measures India really needs to take to fight terrorism.

“The UAPA Act is particularly vile, and will have the effect of turning India into a virtual police state,” says Colin Gonsalves, executive director of the Delhi-based Human Rights Law Network. “It basically brings back a discredited law, the Prevention of Terrorism Act of 2002 (POTA), except for admitting confessions made to a police officer as legal evidence.”

POTA was an extremely unpopular law, which the UPA government abrogated upon coming to power in 2004 in response to innumerable complaints of its selective and discriminatory use against India’s Muslim minority, and its cavalier and irresponsible application to offences not even remotely connected with terrorism.

While rescinding POTA, the UPA kept in place all of India’s criminal laws, which are much stricter than those in many democracies.

In addition, it also enacted an amendment to the Unlawful Activities Act, 1967, which increased punishment for committing acts of terrorism and for harbouring terrorists or financing them, enhanced police powers of seizures, made communications intercepts admissible as evidence, and increased the period of detention without charges to 90 days from the existing 30 days.

However, this was not enough to please those who want a “strong” militarised state which will prevent and punish terrorism by violating the citizen’s fundamental rights, including the right to a fair trial, and not to be detained without charges.

India’s main right-wing political group, the Bharatiya Janata Party, has been stridently demanding that POTA be re-enacted. Until recently, the UPA, the Left and other centrist parties stood firm in rejecting the demand despite the numerous terrorist attacks that India has suffered over the past few years.

“But now, the UPA has suddenly, and shamefully, caved in to the BJP’s demand under the pressure of elite opinion,” says Jairus Banaji, a highly regarded Mumbai-based social scientist. “The capitulation seems to be based on the UPA’s anxiety to counter the BJP’s ridiculous charge that it lacks the will to fight terrorism, and on its political calculations about the next general election due by May.”

In its desperation to be seen to be taking a tough stand against terrorism, the Manmohan Singh government also tabled the NIA Bill earlier this week. The new agency will specifically investigate offences related to atomic energy, aviation and maritime transport, weapons of mass destruction, and Left-wing extremism, besides terrorism.

Significantly, it excludes Right-wing terrorism, which has become a greater menace in India.

Unlike the existing Central Bureau of Investigation, which needs the consent of a state before investigating crimes there, the NIA will not need a state’s concurrence. This is a serious infringement of the federal system, where law and order is a state subject.

Many state governments and regional political parties have sharply criticised the Act on this count. In India, Central agencies are politically vulnerable to manipulation by New Delhi and often used to settle scores with states ruled by opposition parties.

The NIA Act also provides for special courts to try various offences. This too has drawn criticism from eminent lawyers such as Rajeev Dhavan, who argues that the potential misuse of this anti-terror legislation will now “come from both the states and the union, which can hijack the case”.

The UAPA Act contains a number of draconian clauses, and is also applicable to the entire country — unlike the Unlawful Activities Act, which was originally not extended to the strife-torn state of Jammu and Kashmir. This too has drawn protests from Kashmir-based political parties and human rights groups.

The stringent clauses cover a broad range, including a redefinition of terrorism, harsh punishment extending from five years’ imprisonment to life sentence or death, long periods of detention, and presumption of guilt in case weapons are recovered from an accused person.

The new definition now includes acts done with the intent to threaten or “likely” to threaten the unity, integrity, security or sovereignty of India, and offences related to radioactive or nuclear substances, and even attempts to overawe, kidnap or abduct constitutional and other functionaries that may be listed by the government. Dhavan says: “The list is potentially endless.”

Under the Act, an accused can be held in police custody for 30 days, and further detained without charges for 180 days, although courts can restrict the period to 90 days.

“This is a travesty of constitutional rights and the rule of law,” says Gonsalves. “Even worse is the presumption of guilt in case there is a recovery of arms, explosives and other substances, suspected to be involved, including fingerprints on them. The police in India routinely plants such arms and explosives, and creates a false record of recovery.”

“The very fact that offences such as organising terrorist training camps or recruiting or harbouring terrorists carry a punishment as broad as three or five years to life imprisonment shows that the government has not applied its mind to the issue,’’ Gonsalves added.

Under the Act, there is a general obligation to disclose any information that a police officer of a certain rank thinks is relevant to the investigation. Failure to disclose information can lead to imprisonment for three years. Journalists are not exempt from this.

Besides making telecommunications and e-mail intercepts admissible as evidence, the Act also denies bail to all foreign nationals, and mandates a refusal of bail to anyone if a prima facie case exists, which is decided on the basis of a First Information Report filed by the police.

POTA and its predecessor, Terrorist and Disruptive Activities (Prevention) Act (TADA), were extensively abused. They typically targeted the religious minorities, specifically Muslims, and allowed for their harassment and persecution.

The TADA story is especially horrifying. Some 67,000 people were arrested under it, but only 8,000 put on trial, and a mere 725 convicted.

Official TADA Review Committees themselves found the law’s application untenable in all but 5,000 cases. In 1993, Gujarat witnessed no terrorism, but more than 19,000 people were still arrested under TADA.

Religious minorities were selectively targeted under both Acts. For instance, in Rajasthan, of 115 TADA detainees, 112 were Muslims and three Sikhs.

Gujarat had a worse pattern under POTA, when all but one of the 200-plus detainees were Muslims, the remaining one a Sikh.

The passing of the two new laws is certain to increase the alienation of India’s Muslims from the state. They have been the principal victims of India’s anti-terrorism strategy and activities in recent years.

Muslims are first to be arrested and interrogated after any terrorist incident, even when the victims are Muslims, and although strong evidence has recently emerged of a well-ramified pro-Hindu terrorist network, in which serving and retired army officers were found to be key players.

Muslims also distressed at the alacrity and haste with which the new laws were passed, especially since it contrasts with the UPA government’s failure to enact a law it promised five years ago to punish communal violence and hate crimes targeting specific religious groups.

“This will pave the way for more disaffection amongst Muslims and make the social and political climate more conducive to terrorism,” argues Gonsalves. “Even worse, it will promote excesses of the kind associated with state terrorism. And that is no way to fight sub-state terrorism.”

Richard Falk: My expulsion from Israel

December 21, 2008

When I arrived in Israel as a UN representative I knew there might be problems at the airport. And there were

On December 14, I arrived at Ben Gurion airport in Tel Aviv, Israel to carry out my UN role as special rapporteur on the Palestinian territories.

I was leading a mission that had intended to visit the West Bank and Gaza to prepare a report on Israel’s compliance with human rights standards and international humanitarian law. Meetings had been scheduled on an hourly basis during the six days, starting with Mahmoud Abbas, the president of the Palestinian Authority, the following day.

I knew that there might be problems at the airport. Israel had strongly opposed my appointment a few months earlier and its foreign ministry had issued a statement that it would bar my entry if I came to Israel in my capacity as a UN representative.

At the same time, I would not have made the long journey from California, where I live, had I not been reasonably optimistic about my chances of getting in. Israel was informed that I would lead the mission and given a copy of my itinerary, and issued visas to the two people assisting me: a staff security person and an assistant, both of whom work at the office of the high commissioner of human rights in Geneva.

To avoid an incident at the airport, Israel could have either refused to grant visas or communicated to the UN that I would not be allowed to enter, but neither step was taken. It seemed that Israel wanted to teach me, and more significantly, the UN a lesson: there will be no cooperation with those who make strong criticisms of Israel’s occupation policy.

After being denied entry, I was put in a holding room with about 20 others experiencing entry problems. At this point, I was treated not as a UN representative, but as some sort of security threat, subjected to an inch-by-inch body search and the most meticulous luggage inspection I have ever witnessed.

I was separated from my two UN companions who were allowed to enter Israel and taken to the airport detention facility a mile or so away. I was required to put all my bags and cell phone in a room and taken to a locked tiny room that smelled of urine and filth. It contained five other detainees and was an unwelcome invitation to claustrophobia. I spent the next 15 hours so confined, which amounted to a cram course on the miseries of prison life, including dirty sheets, inedible food and lights that were too bright or darkness controlled from the guard office.

Of course, my disappointment and harsh confinement were trivial matters, not by themselves worthy of notice, given the sorts of serious hardships that millions around the world daily endure. Their importance is largely symbolic. I am an individual who had done nothing wrong beyond express strong disapproval of policies of a sovereign state. More importantly, the obvious intention was to humble me as a UN representative and thereby send a message of defiance to the United Nations.

Israel had all along accused me of bias and of making inflammatory charges relating to the occupation of Palestinian territories. I deny that I am biased, but rather insist that I have tried to be truthful in assessing the facts and relevant law. It is the character of the occupation that gives rise to sharp criticism of Israel’s approach, especially its harsh blockade of Gaza, resulting in the collective punishment of the 1.5 million inhabitants. By attacking the observer rather than what is observed, Israel plays a clever mind game. It directs attention away from the realities of the occupation, practising effectively a politics of distraction.

The blockade of Gaza serves no legitimate Israeli function. It is supposedly imposed in retaliation for some Hamas and Islamic Jihad rockets that have been fired across the border at the Israeli town of Sderot. The wrongfulness of firing such rockets is unquestionable, yet this in no way justifies indiscriminate Israeli retaliation against the entire civilian population of Gaza.

The purpose of my reports is to document on behalf of the UN the urgency of the situation in Gaza and elsewhere in occupied Palestine. Such work is particularly important now as there are signs of a renewed escalation of violence and even of a threatened Israeli reoccupation.

Before such a catastrophe happens, it is important to make the situation as transparent as possible, and that is what I had hoped to do in carrying out my mission. Although denied entry, my effort will continue to use all available means to document the realities of the Israeli occupation as truthfully as possible.

• Richard Falk is professor of international law at Princeton University and the UN’s special rapporteur on the Palestinian territories

Will Bush Officials Face War Crimes Trials? Few Expect It

December 21, 2008

by Marisa Taylor | McClatchy Newspapers, Dec 19, 2008

WASHINGTON – Emboldened by a Democratic win of the White House, civil libertarians and human rights groups want the incoming Obama administration to investigate whether the Bush administration committed war crimes. They don’t just want low-level CIA interrogators, either. They want President George W. Bush on down.

[CONFESSED WAR CRIMINAL DICK CHENEY  "It is mind boggling to say eight years later that there is not going to be some sort of criminal accountability for what happened," said David Glazier, a law of war expert at Loyola Law School in Los Angeles and a retired naval officer. "It certainly undermines our moral authority and our ability to criticize other countries for doing exactly the same thing. But given the legal issues and the political reality, I am hard pressed to see any other outcome."]CONFESSED WAR CRIMINAL DICK CHENEY “It is mind boggling to say eight years later that there is not going to be some sort of criminal accountability for what happened,” said David Glazier, a law of war expert at Loyola Law School in Los Angeles and a retired naval officer. “It certainly undermines our moral authority and our ability to criticize other countries for doing exactly the same thing. But given the legal issues and the political reality, I am hard pressed to see any other outcome.”


In the past eight years,  administration critics have demanded that top officials be held accountable for a host of expansive assertions of executive powers from eavesdropping without warrants to detaining suspected enemy combatants indefinitely at the Guantanamo Bay military prison. A recent bipartisan Senate report on how Bush policies led to the abuse of detainees has fueled calls for a criminal investigation.

But even some who believe top officials broke the law don’t favor criminal prosecutions. The charges would be too difficult legally and politically to succeed.

Without wider support, the campaign to haul top administration officials before an American court is likely to stall.

In the end, Bush administration critics might have more success by digging out the truth about what happened and who was responsible, rather than assigning criminal liability, and letting the court of public opinion issue the verdicts, many say.

“It is mind boggling to say eight years later that there is not going to be some sort of criminal accountability for what happened,” said David Glazier, a law of war expert at Loyola Law School in Los Angeles and a retired naval officer. “It certainly undermines our moral authority and our ability to criticize other countries for doing exactly the same thing. But given the legal issues and the political reality, I am hard pressed to see any other outcome.”

Robert Turner, a former Reagan White House lawyer who supported several of the Bush administration’s assertions of executive powers, but not the use of harsh interrogation techniques, said that war crimes “may well have been committed,” given reports by human-rights organizations that some prisoners may have been beaten to death.

Turner was outraged when Bush signed an executive order in 2007 that he believes permitted highly abusive treatment, so long as the “purpose” was to acquire intelligence to stop future terrorist attacks, rather than just to humiliate or degrade the detainee.

He recalls telling senior Justice Department officials during a conference call prior to the public release of the order: “Do you people understand that you are setting up the president of the United States to be tried as a war criminal?” The conference call, he said, quickly came to an end.

Turner, who co-founded the University of Virginia’s Center for National Security Law in 1981, rebuts the administration’s defense that waterboarding, which simulates the sensation of drowning, isn’t torture and therefore is legal.

He also challenges the administration’s argument that Common Article 3 of the 1949 Geneva Conventions, prohibiting inhumane treatment of detainees, isn’t binding. “The standard is not torture. It’s humane treatment. That’s a much higher standard,” he said, noting that after World War II, the U.S. prosecuted Japanese soldiers for using waterboarding on American troops.

Continued >>

Israeli blockade ‘forces Palestinians to search rubbish dumps for food’

December 21, 2008

UN fears irreversible damage is being done in Gaza as new statistics reveal the level of deprivation

Impoverished Palestinians on the Gaza Strip are being forced to scavenge for food on rubbish dumps to survive as Israel’s economic blockade risks causing irreversible damage, according to international observers.

Figures released last week by the UN Relief and Works Agency reveal that the economic blockade imposed by Israel on Gaza in July last year has had a devastating impact on the local population. Large numbers of Palestinians are unable to afford the high prices of food being smuggled through the Hamas-controlled tunnels to the Strip from Egypt and last week were confronted with the suspension of UN food and cash distribution as a result of the siege.

The figures collected by the UN agency show that 51.8% – an “unprecedentedly high” number of Gaza’s 1.5 million population – are now living below the poverty line. The agency announced last week that it had been forced to stop distributing food rations to the 750,000 people in need and had also suspended cash distributions to 94,000 of the most disadvantaged who were unable to afford the high prices being asked for smuggled food.

“Things have been getting worse and worse,” said Chris Gunness of the agency yesterday. “It is the first time we have been seeing people picking through the rubbish like this looking for things to eat. Things are particularly bad in Gaza City where the population is most dense.

“Because Gaza is now operating as a ‘tunnel economy’ and there is so little coming through via Israeli crossings, it is hitting the most disadvantaged worst.”

Gunness also expressed concern about the state of Gaza’s infrastructure, including its water and sewerage systems, which have not been maintained properly since Israel began blocking shipments of concrete into Gaza, warning of the risk of the spread of communicable diseases both inside and outside of Gaza.

“This is not a humanitarian crisis,” he said. “This is a political crisis of choice with dire humanitarian consequences.”

The revelations over the escalating difficulties inside Gaza were delivered a day after the end of the six-month ceasefire between Israel and Gaza’s Hamas rulers, which had been brokered by Egypt in June, and follow warnings from the World Bank at the beginning of December that Gaza faced “irreversible” economic collapse.

The deteriorating conditions inside Gaza emerged as Tony Blair, Middle East envoy for the Quartet – US, Russia, the UN and the EU – warned explicitly yesterday that Israel’s policy of economic blockade, which had been imposed a year and a half ago when Hamas took power on the Gaza Strip, was reinforcing rather than undermining the party’s hold on power. In an interview in the Israeli newspaper Haartez, Blair warned that the collapse of Gaza’s legitimate economy under the impact of the blockade, while harming Gaza’s businessmen and ordinary people, had allowed the emergence of an alternative system based on smuggling through the Hamas-controlled tunnels. Hamas “taxed” the goods smuggled through the tunnels.

It was because of this that Blair wrote to Israel’s prime minister, Ehud Olmert, earlier this month demanding that Israel permit the transfer of cash into Gaza from the West Bank to prop up the legitimate economy.

“The present situation is not harming Hamas in Gaza but it is harming the people,” Blair said yesterday. Calling for a change in policy over Gaza, he added: “I don’t think that the current situation is sustainable; I think most people who would analyse it think the same.”

Blair’s comments came as an Israeli air strike against a rocket squad killed a Palestinian militant yesterday, the first Gaza death since Hamas formally declared an end to a six-month truce with Israel.

Also yesterday, a boat carrying a Qatari delegation, Lebanese activists and journalists from Israel and Lebanon sailed into Gaza City’s small port in defiance of a border blockade. It was the fifth such boat trip since the summer. The two Qatari citizens aboard the Dignity are from the government-funded Qatar Authority for Charitable Activities.

“We are here to represent the Qatar government and people,” said delegation member Aed al-Kahtani. “We will look into the needs of our brothers in Gaza, and find out what is the most appropriate way to bring in aid.”

The arrival of the delegation reflects the growing anger in the Arab world over the Gaza siege, directed at Israel but also at Egypt, which has allowed the border crossings at the southern end of the Strip to remain sealed.

On Friday, thousands of people joined a rally in Beirut organised by Lebanon’s Shia Hezbollah movement against Israel’s blockade of the Gaza Strip.

Addressing the Beirut crowd, Hezbollah deputy leader Sheikh Naim Kassem called on Arab and Islamic governments to act to help lift the Gaza blockade, and urged Egypt to take an “historic stance” by opening its border crossing with Gaza.

“Silence on the [Gaza] blockade is disgraceful. Silence on the blockade amounts to participation in the [Israeli] occupation,” Kassem said.