March 27
IRAN:
Further information: Death row Ahwazi Arab men on hunger strike
Further information on UA: 137/12 Index MDE 13/014/2013 Iran Date: 26 March
2013
URGENT ACTION
death row AHWAZI ARAB MEN ON HUNGER STRIKE
5 Iranian Ahwazi Arab men have launched a hunger strike in protest at the
Supreme Court's decision to uphold their death sentences and their treatment in
prison, including torture and other ill-treatment and the authorities' refusal
to allow them medical care.
The five men from Iran's Ahwazi Arab minority - Mohammad Ali Amouri, Sayed
Jaber Alboshoka, his brother Sayed Mokhtar Alboshoka, and teachers Hashem
Sha'bani Amouri and Hadi Rashidi (or Rashedi) - whose death sentences were
upheld by the Supreme Court on 9 January 2013 began a "dry" hunger strike
(refusing water as well as food) on 2 March 2013 in protest at the decision.
Their hunger strike is also in protest against their torture and other
ill-treatment in Karoun Prison and the prison authorities' refusal to grant
them medical treatment for various ailments including some which may have
resulted from earlier torture or other ill-treatment. They have not been
examined by a doctor despite their repeated requests.
In an apparent act of retaliation against the hunger strike, prison authorities
initially barred all 5 men from making or receiving phone calls for 5 days.
During a visit to the prison on 13 March, the men's families persuaded them to
end their dry hunger strike but all 5 now remain on a "wet" hunger strike
(refusing food). On 20 March, when their families arrived at prison for their
weekly visitation, they were turned away by the prison authorities.
The men were arrested in early 2011 and sentenced to death on 7 July 2012 after
being convicted of vaguely worded national security "offences" including
"enmity against God and corruption on earth", "gathering and colluding against
state security", and "spreading propaganda against the system" following an
unfair trial.
Please write immediately in Persian, Arabic, English or your own language:
Calling on the Iranian authorities to stop the executions of the 5 men (naming
them), overturn their death sentences and grant them retrials in proceedings
which comply with fair trial standards, without recourse to the death penalty;
Urging them to ensure they are protected from torture and other ill-treatment,
including as reprisals for their hunger strike and urging them to investigate
allegations that the five men were tortured. Anyone found responsible for
abuses should be brought to justice in accordance with international fair trial
standards;
Calling on them to ensure that the men are granted any medical attention they
may require, and for them to be granted a resumption in face-to-face family
visits and ongoing access to their lawyers.
--
PLEASE SEND APPEALS BEFORE 7 MAY 2013 TO:
--
Head of the Judiciary
Ayatollah Sadegh Larijani
c/o Public Relations Office
Number 4, 2 Azizi Street intersection
Tehran
Islamic Republic of Iran
Email: [email protected] (Subject line: FAO Ayatollah Sadegh Larijani)
Salutation: Your Excellency
--
Director of Prisons in Khuzestan Province,
Reza Poostchi
Third Floor
Head Office of Prisons for
Khuzestan Priovince
Next to 'Sepid Sports and Cultural Compund, Sepidar Boulevard
Ahvaz, Khuzestan
Islamic Republic of Iran
Salutation: Dear Sir
And copies to:
Secretary General High Council for Human Rights
Mohammed Javad Larijani--c/o Office of the Head of the Judiciary--Pasteur St,
Vali Asr Ave
South of Serah-e Jomhouri--Tehran, Islamic Republic of Iran -- Email:
[email protected] --Salutation: Your Excellency
Also send copies to diplomatic representatives accredited to your country.
Please check with your section office if sending appeals after the above date.
This is the 3rd update of UA 137/12. Further information:
http://amnesty.org/en/library/info/MDE13/049/2012/en and
http://amnesty.org/en/library/info/MDE13/029/2012/en.
URGENT ACTION
death row AHWAZI ARAB MEN ON HUNGER STRIKE
Additional Information
The five men are members or co-founders of the cultural institute Al-Hiwar -
registered during the administration of former President Khatami - which
organized events in the Arabic language including conferences, educational and
art classes, and poetry recital gatherings in the south-western city of
Ramshir. The organization was banned in May 2005, and many members of Al-Hiwar
have since been arrested.
All five men were arrested at their homes in early 2011 in advance of the sixth
anniversary of widespread protests by Ahwazi Arabs in April 2005 and were
denied access to family members and lawyers for months afterwards. Mohammad Ali
Amouri was arrested 20 days after he had been forcibly returned from Iraq,
where he had fled in December 2007. He was not allowed family visits for the
first nine months of detention and has reportedly tortured or otherwise
ill-treated. Hadi Rashidi was hospitalized after his arrest, apparently as a
result of torture or other ill-treatment, and is said to be in poor health.
Family members have said that Sayed Jaber Alboshoka's jaw and teeth were broken
during his detention and that Sayed Mokhtar Alboshoka has experienced
depression and memory loss as a result of torture or other ill-treatment.
Hashem Sha'bani Amouri is said to have had boiling water poured on him.
Hashem Sha'bani Amouri and Hadi Rashidi were featured in a programme aired by
Iran's state-controlled English-language television station, Press TV, on 13
December 2011. Hashem Sha'bani said he was a member of the "Popular
Resistance", a group which he said had ties to Saddam Hussein and Mu'ammar
al-Gaddafi, the former leaders of Iraq and Libya. Hadi Rashedi was described as
"the leader of the military wing of the Popular Resistance" and said he had
participated in an attack on a house containing four government officials.
Iranian courts frequently accept "confessions" extracted under duress as
evidence.
A sixth man arrested around the same time and tried alongside the five -
teacher Rahman Asakereh - was sentenced to 20 years' imprisonment to be served
in internal exile. His sentence was upheld in January 2013.
Another Ahwazi Arab man, Taha Heidarian, was shown in the same programme making
a "confession" in connection with the killing of a law enforcement official in
April 2011 amid widespread protests in Khuzestan. On or around 19 June 2012, he
and three other Ahwazi Arab men were executed in Karoun Prison, according to
activists close to the family, after apparently being convicted by a
Revolutionary Court of "enmity against God and corruption on earth" in
connection with the killing.
Under Article 38 of the Iranian Constitution and Article 9 of the Law on
Respect for Legitimate Freedoms and Safeguarding Citizens' Rights, all forms of
torture for the purpose of obtaining "confessions" are prohibited. Iran's Penal
Code also provides for the punishment of officials who torture citizens in
order to obtain "confessions". However, despite these legal and constitutional
guarantees regarding the inadmissibility of testimony, oath, or confession
taken under duress, forced "confessions" are sometimes broadcast on television
even before the trial has concluded and are generally accepted as evidence in
Iranian courts. Such broadcasts violate Iran's fair trial obligations under
Article 14 of the International Covenant on Civil and Political Rights, to
which it is a state party. They also violate Iranian law, including Article 37
of the Constitution, Article 2 of the 2004 Law on Respect for Legitimate
Freedoms and Safeguarding Citizens' Rights and Note One to Article 188 of
Iran's Criminal Code of Procedure, which criminalizes the publishing of the
name and identity of a convict in the media before a final sentence has been
passed.
Name: Mohammad Ali Amouri, Sayed Jaber Alboshoka, Sayed Mokhtar Alboshoka,
Hashem Sha'bani Amouri, Hadi Rashidi
(source: Amnesty International)
BELARUS:
Belarus Free Theatre to bring battle against death penalty to UK----Renegade
theatre group to unveil new English-language piece on London's Young Vic and
Edinburgh Fringe this summer
Belarus Free Theatre will present a new piece - their 1st in English - that
challenges the use of capital punishment around the world at the Young Vic this
summer.
Trash Cuisine, which will follow its London dates with a week-long run at the
Edinburgh Fringe, will argue that state-sanctioned capital punishment breeds a
wider culture of violence. It will blend verbatim testimony with music, dance
and sections from Shakespeare's tragedies.
"We want to look at whether a state's use of capital punishment sets an example
to its citizens and legitimises other forms of violence," the company's
co-artistic director Natalia Kaliada told the Guardian. "If we talk about
capital punishment, is it only the state or can it involve one person or a
group taking other people's lives?"
Belarus is the last European country to employ the death penalty, and was urged
last year to abandon the policy by the EU and Human Rights Watch in the wake of
two high-profile executions. Vladislav Kovalyov and Dmitry Konovalov, both 26,
were put to death last March after being convicted of a bomb attack that took
place less than a year before. Kovalyov's mother has since travelled around the
world, maintaining her son's innocence.
"In Belarus, when people are executed, their bodies are not given back to their
families, so they never get the chance to bury their relatives," Kaliada
continued.
Trash Cuisine will also feature testimonials drawn from some of the other 94
countries worldwide where the death penalty remains in use, including Thailand
and Malaysia. Interviewees include executioners, human rights lawyers, inmates
and their families. "For us, it's always important that we talk to people
personally," Kaliada explained.
She added: "When we were in Malaysia, some journalists asked: 'Why are you
here? Isn't it enough for you to have your own troubles?' We go to those places
where others don't get enough attention. We absolutely understand what it means
not to be heard and we need to find those areas of the world that are hidden,
where people's stories do not get a chance to be heard."
Belarus Free Theatre is banned from performing in its home country and, in the
past three months, its underground performances in Minsk have been subject to 5
police raids.
Today, according to Kaliada, it operates as a "2-headed beast", maintaining
operations in Minsk while performing around the world. Trash Cuisine will be
their second full run at the Young Vic, following Minsk 2011: A Reply to Kathy
Acker. "The Young Vic is our home," said Kaliada. "It's the only permanent
place in our lives right now."
Artistic director David Lan said: "Trash Cuisine is all we expect from BFT -
provocation, daring and unforgettable theatre." It will run in the Young Vic's
Maria Studio between 30 May and 17 June, before opening in Edinburgh on 19
August.
(source: The Guardian)
IRAQ:
Ashton calls on Iraq to stop executions
Catherine Ashton, the High Representative of the European Union for Foreign
Affairs and Security Policy and Vice President of the Commission today
expressed her deep concern over the increasing number of executions in Iraq. At
least 123 executions took place in Iraq in 2012, but none was carried out since
the beginning of this year. However, the Iraqi government has now decided to
proceed with the executions.
According to her statement: "I deeply regret that the authorities have chosen
to re-start executions now, when the Iraqi government had committed to
re-examining the cases of prisoners and detainees. Iraq is aware of the EU's
unequivocal position against the death penalty. The EU strongly believes that
capital punishment violates the most fundamental of human rights. The EU
appreciates the seriousness of the crimes for which those sentenced to death
have been convicted. The EU however does not believe death penalty will act as
a deterrent."
Finally, she called on Iraq to cease all use of the death penalty and adopt the
Second Optional Protocol to the International Covenant on Civil and Political
Rights (ICCPR).
According to international human rights groups, at least 3,000 Iraqis received
death sentences since 2005, which was the year capital punishment was
re-established following the fall of Saddam Hussein in 2003. Since then, 447 of
the death sentences have been carried out.
In response to the international criticism on the executions, Iraqi Justice
Ministry spokesman Haider al-Sadee recently told Al Jazeera: "When there is an
explosion in America the whole world is rocked and countries are invaded as a
result. But when Iraq defends its rights and executes a person after convicting
him of a crime, international organizations condemn it."
(source: New Europe)
UNITED ARAB EMIRATES:
New air route could land more Australians in trouble
Don't step off the plane and leer at the local women. Definitely don't crack a
stubbie as you walk down the street. And whatever you do, don't get too cosy at
night on the beach.
Qantas is about to route all of its Europe-bound flights through Dubai, and the
tough laws of the United Arab Emirates could catch out many Australian
travellers.
2 million Aussies already fly through Dubai each year, but that number is set
to soar by the end of the month when Qantas abandons its longstanding Singapore
hub because of a new partnership between Qantas and Emirates.
Non-profit group Detained in Dubai, which helps people in legal trouble in the
UAE, is concerned the number of Australians inadvertently finding themselves
behind bars could skyrocket.
Radha Stirling, founder of the organisation, said many Australians aren't aware
of the vastly different laws in the UAE.
Drinking or being drunk in public is a no-no. So is swearing, carrying certain
medicines, wearing skimpy clothes, sharing a hotel room with somebody you're
not married to, holding hands and even eating in public during Ramadan.
By the way, Ramadan is from July 9 to August 7 this year...
Detained in Dubai raised several examples of Australians who had been jailed in
controversial circumstances, including Alicia Gall who was jailed for eight
months after complaining of having her drink spiked and being raped by 4
co-workers at a Dubai hotel in June.
Another example was 32-year-old Australian Sun McKay, who was arrested for
swearing in Dubai Airport after being yelled at by a man who later revealed
himself as an undercover officer.
"Sun was jailed for months. What guarantees are there that more Australians
won't be caught in a similar situation inside the airport?" Ms Stirling said.
Meanwhile, a British couple was jailed for 3 months in 2008 after having
drunken sex on a public beach.
With so many potential pitfalls for the unsuspecting, Detained in Dubai is
calling for Qantas to raise awareness.
"We have serious concerns about the safety of Australian travellers," Ms
Stirling said. "There are numerous dangers to westerners staying in or
transiting through Dubai, and Qantas has yet to communicate how it intends to
mitigate these.
"It's time Qantas was pressed to respond to these concerns to guarantee the
safety of Australian citizens travelling on our national carrier."
Qantas Emirates.
But is it really the responsibility of airlines to educate passengers on the
laws of foreign countries?
Qantas spokesman Andrew McGinnes said it's up to the individual to research the
laws of their destination.
"Different rules apply in many of the countries we fly to, which is the very
nature of international travel," Mr McGinnes said.
"We encourage all our passengers - whether they are travelling to Asia or the
United States or the UAE - to check the Australian Government's Smart Traveller
website so that are fully informed of local laws and customs before they board
our aircraft."
However, Ms Stirling said it's just not enough to ensure Australian travellers'
safety.
"Information sheets should be handed out at the time of making a reservation
and in flight. British nationals are more likely to be arrested in the UAE than
in other country and I expect this to be the case for Australians with the new
flight plan," she said.
Virgin Australia already has another UAE destination - Abu Dhabi - as a
stopover destination via its partnership with Etihad. But the Qantas move will
see a lot more Australians pass through the UAE.
Du not du the following in Dubai:
--Kissing: Public displays of affection, such as holding hands and kissing
frequently lead to arrest and imprisonment.
--Sex: Sex outside marriage is illegal and can lead to severe criminal
sanctions.
--Homosexuality: Homosexual acts are illegal and subject to severe punishment.
--Swearing: Swearing and making rude gestures (such as the middle finger) are
criminal acts in the UAE.
--Clothing: Woman's clothing may be considered indecent if it is tight,
transparent, above the knee or shows her stomach, shoulders or back.
--Conversation: It is illegal to "harass" women - this includes unwanted
conversation and prolonged stares.
--Photos: Taking photographs of people, particularly women, without permission
is illegal and can lead to arrest or fines.
--Ramadan: During Ramadan, it is illegal for non-Muslims to eat, drink or smoke
in public in front of Muslims between sunrise and sunset.
--Medicines: Many medications available over the counter or by prescription in
Australia are illegal in the Dubai.
--Drugs: The UAE laws on drugs are extremely strict, and include the death
penalty or life in jail.
(source: The News)
SAUDI ARABIA:
Saudi prosecutor demands death penalty for Shi'ite cleric
A Saudi Arabian prosecutor has demanded the death penalty for a Shi'ite Muslim
cleric whose arrest last summer led to deadly protests in the Sunni-ruled
kingdom, local media reported on Wednesday.
Sheikh Nimr al-Nimr, long seen as a radical leader in the Shi'ite minority,
appeared in court on Monday for the first time since his arrest in July, the
Saudi Gazette reported.
The prosecutor, accusing him of "aiding terrorists" and instigating unrest,
said he was guilty of "waging war on God", a crime in sharia, or Islamic law,
that automatically carries the death penalty, al-Riyadh daily reported.
Saudi Arabia has no written legal code and judges have wide discretion to
deliver verdicts based on their interpretation of sharia and without reference
to precedent.
Tension is already running high over this month's arrest of 16 Shi'ites accused
of spying for Riyadh's regional rival Iran. Tehran has denied spying in the
kingdom and Shi'ite community leaders have said they do not believe the
charges.
Police and protesters have clashed repeatedly in the past 2 years in the
Eastern Province's mostly Shi'ite Qatif area where 16 demonstrators and a
security officer have been killed.
The government has attributed all the deaths to exchanges of fire with rioters.
Shi'ite activists say police shot the 16 during peaceful demonstrations or
during attempted arrests.
Nimr was based in al-Awamiyah, a neighborhood in Qatif that has been a hotbed
of unrest. When he was arrested in July the authorities said he had rammed a
police car and possessed weapons. Local Shi'ite activists denied both
accusations.
3 demonstrators were killed during protests in the days immediately after
Nimr's arrest.
Early last year the Interior Ministry issued a list of 23 people wanted over
the unrest in Qatif, saying they were acting on behalf of an unnamed foreign
power, widely seen as Iran.
Nimr was accused of meeting some of these people while they were on the run.
He was also accused of interfering in the internal affairs of Bahrain,
separated from Eastern Province by a 25 km (16 mile) causeway, where majority
Shi'ites have led protests demanding the Sunni ruling family introduce
democracy.
Saudi Shi'ites have long complained of persistent discrimination in the
kingdom, where the majority follow the rigid Wahhabi school of Sunni Islam that
sees Shi'ism as heretical. The authorities deny charges of discrimination.
Last week 37 Saudi Shi'ite leaders signed a statement accusing the government
of using the spy ring allegation to stir sectarian tensions and distract Sunnis
from demands for reform.
This month a Sunni cleric urged the government to free suspected Islamist
militants and improve public services or risk street protests. Saudi Arabia has
escaped the popular uprisings that have swept some other Arab states in the
past 2 years.
(source: Reuters)
MALAYSIA----female foreign national
Court upholds Japanese ex-nurse's death sentence for drug trafficking
The death sentence of a Japanese ex-nurse for drug trafficking was upheld by
the Court of Appeal here Wednesday.
The court upheld the Shah Alam High Court's decision to hang Mariko Takeuchi
for trafficking in 3.4kg of Syabu at the Kuala Lumpur International Airport
(KLIA) in 2009.
The panel led by Justice Mohamed Apandi Ali denied Takeuchi's appeal, saying it
revolved over a finding of fact and whatever legal issues raised were trite
law.
"After going over the appeal record and hearing the arguments, we find no
reason to change the finding of fact of the learned trial judge.
"Thus this appeal is denied, and the accused's conviction and sentence
maintained," said Justice Mohamed Apandi.
The 3-man panel also included Justices Linton Albert and Mohd Zawawi Salleh.
Takeuchi's counsel Afifuddin Ahmad Hafifi submitted that there had been
discrepancies in the drug exhibit which was seized and tendered to the court.
"The weight of the drugs had changed during the proceedings at the magistrate
level, compared with the weight recorded at the time of arrest," he said.
Justice Mohamed Apandi questioned why the weight would have changed and what
reason the Customs officers would have to frame the Japanese national for drug
trafficking.
He said counsel should provide more reasons to back his theory if he intended
to question the integrity of the Customs officers.
Takeuchi was arrested at a Customs inspection counter at the international
arrival hall of the KLIA at 9.55pm on Oct 30, 2009.
On Oct 25, 2011, the High Court convicted Takeuchi, 39, of drug trafficking
after ruling that she had failed to raise reasonable doubt in her defence.
Justice Siti Mariah Ahmad said she found Takeuchi's testimony that she had
travelled from Dubai to Kuala Lumpur to pass cash for a friend, only to return
with a bag she assumed was "full of clothes" to be fake and illogical.
It was learned that Takeuchi is the 1st Japanese woman to receive the death
penalty for drug trafficking in the country.
Takeuchi, who wore a bright pink baju kurung, appeared to be calm as her lawyer
explained the court outcome to her, and was seen occasionally dabbing tears.
Counsel Afifuddin said he would be appealing to the Federal Court as he felt
there were still grounds to acquit his client.
(source: The Star)
*****************
Malaysian attorney general confident of fair trial for Kiram followers
Malaysia's attorney general on Tuesday said he was confident the followers of
Sulu Sultan Jamalul Kiram III would be given a fair trial by the Malaysian
courts.
Attorney General Tan Sri Abdul Gani Patail was also quoted in a report by
Malaysia's state-run Bernama news agency as saying the case against the eight
will not take long to complete.
"I think within months we will have the trial," he said.
Last March 21, 8 Kiram followers were charged before the High Court in Tawau.
They were charged with terrorism, even as 2 of them faced added charges of
waging war against the King, an offense that carries the death penalty upon
conviction.
The attorney General expects to meet with the case investigation officer on
Wednesday. Abdul Gani explained the meeting will determine what action to take
against the detained Kiram followers.
"If they have committed any offense, we will charge them. If it was only (an)
immigration offense, we will send them to immigration for deportation," he
said.
He also said they will also have to consider the "security circumstances,"
adding this is "not something straightforward." He did not elaborate.
During Thursday's proceeding, the court set April 12 to see who the counsels
for the accused will be.
A separate report on the New Straits Times said this will allow the accused to
seek legal assistance from "family members, the Philippine Embassy, the Bar
Council of Malaysia, or the Sabah Law Association."
Malaysian security forces have been on the offensive against Kiram's followers
since March 5. The deadly clashes between the forces started on March 1 and 2.
(source: GMA News)
BANGLADESH:
Gonojagoron Mancha to submit memo to PM April 4
Expressing strong dissatisfaction over government's response in implementing
its 6-point demand, Gonojagoron Mancha has decided to submit a memorandum to
the prime minister on April 4.
The youth demanding death penalty to all war criminals and a ban on
Jamaat-e-Islami and Islami Chhatra Shibir announced a set of fresh programmes
from a rally at Shahbagh Projonmo Chattar on Tuesday evening.
The new programmes came at the end of an ultimatum the protesters issued to the
government to realise their demands.
The demonstrators will also hold protest rallies across the country on April 4,
said Imran H Sarker, the spokesperson of the Gonojagoron Mancha.
He said they would march towards the parliament and submit the mass signatures
collected in support of their demand to the Speaker.
The protesters will organise a cultural protest programme on April 5 and a
rally on April 6 at the Gonojagoron Mancha.
While Imran was announcing the programme, some of the protesters expecting
harsher programmes expressed their resentment at the organisers.
In his speech, Imran strongly criticised the government for not taking
sufficient measures at the end of their ultimatum.
He said the government had showed its utter negligence to the people's demands.
Imran said the government did not take proper action for banning Jamaat.
(source: The Daily Star)
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