Oct. 5
LIBYA:
Saif Gaddafi's lawyer concerned for her safety after kidnap of nephew----A
lawyer hired to defend Colonel Gaddafi???s son against war crimes charges has
expressed fears for her safety after her relative was kidnapped and tortured by
a militia.
Mabrouka Jamaa, who is representing the late Libyan leader's 2nd-eldest son,
Saif al-Islam, said her nephew was abducted last month, just days after she
represented Saif at a court appearance in the city of Zintan. She said she
feared the abduction could be an attempt to drive her and other lawyers away
from acting in the case.
Human rights groups have already expressed doubts about the impartiality of the
war crimes tribunal planned by the Libyan government, which is refusing to hand
Saif and other senior Gaddafi-era prisoners over to the Hague for prosecution.
"I cannot be certain that my nephew's kidnapping was related to me defending
Saif, but it raises lots of questions," Ms Jamaa told The Daily Telegraph. "The
boy is only a child and he has no political activities."
Saif, 41, was among 38 senior regime figures who appeared in different courts
in Libya on September 19, all charged with attempting to suppress the popular
uprising that ended his 42-year rule in 2011.
Several of the defence lawyers appointed to represent the defendants have
already expressed fears for their safety. At last month's hearing, a group of
relatives of some of Gaddafi's victims attempted to attack one defence lawyer
as he left a heavily guarded court in Tripoli.
Human rights groups have said the trials should be held at the International
Criminal Court at the Hague, to ensure that both the lawyers and judges are not
subject to intimidation or political pressure. But the proposal is not popular
with the Libyan public or its government, because the Hague court cannot impose
the death penalty.
The trials also come amid growing concerns of lawlessness in Libya as the new
government struggles to impose its authority. Home-grown militias that helped
rid the country of Colonel Gaddafi have drifted into gangsterism, while kidnaps
and murders have become commonplace, many of them politically motivated.
Last week a Libyan journalist, Taher Al-Turki, was kidnapped and his brother
murdered as they drove from Tripoli to Zintan, in an attack for which no motive
has yet been established.
Ms Jamaa, who was appointed by an aunt of Saif, said that her kidnapped nephew,
who was just 14, was abducted by gunmen loyal to a known Tripoli militia leader
operating in one of the capital's slum neighbourhoods. "He was released
eventually, but he was subject to a beating and torture all day long by 7
people who kidnapped him," she said. "I hope I am wrong in my suspicion that
this might be connected to my activities as a lawyer for Saif."
Saif, who studied at the London School of Economics, is facing trial in the
western city of Zintan, where he has been in prison since being captured by a
local militia in November 2011. In a sign of the growing political factionalism
now gripping Libya, the Zintan militia commanders have refused requests to hand
him over to the central government in Tripoli, claiming that Gaddafi "remnants"
in the judiciary might try to declare him innocent.
Other defendants who appeared in court in Tripoli last month included Abdullah
Senussi, the former spymaster accused of helping mastermind the Lockerbie
bombing; Baghdadi Mahmoudi, the former prime minister, and Mohammed Zoaia, a
former ambassador to London, who was a prominent cheerleader for the regime
during the 2011 pro-democracy uprising.
(source: The Telegraph)
IRAQ:
In Iraq, executions rise as deadly attacks escalate
There's a certain prison in the northeastern Baghdad district of Kadhimiyah,
Iraq, where the Tigris River makes a sharp bend before it winds its way through
the rest of the city. It's where men and women who are sentenced to death wait
to die.
When Saddam Hussein ruled the country, people sent to the prison disappeared,
never to be heard from again. Allegations from hidden informants condemned
those delivered there to torture, secret detention and a shadowy fate. Their
families would never know what became of them, or even why they were taken in
the first place.
After the U.S.-led military invasion ousted Saddam from power in 2003, American
civilian advisers, legal experts and billions of dollars marked for training
streamed into the country alongside the tens of thousands of coalition
soldiers. They put the death penalty on hold. A significant part of the money
the U.S. government sent to Iraq was earmarked for training and directives to
imbue courts, the judiciary and police with more democratic and transparent
processes.
But a little over a year after it was suspended, the death penalty was
reinstated by the new Shiite-led central government. A year later, in 2005, the
executions, usually by hanging, resumed.
Since then, around 500 people have been executed, according to records kept by
human rights observers including Amnesty International. During the first 4
months of this year alone at least 50 people were hanged.
The executions have drawn the ire of the United Nations and other human rights
observers, not only because they appear to coincide with a greater number of
violent incidents against the Iraqi people themselves (as the frequency of
deadly attacks accelerates, so too does the number of hangings), but because
the judicial process that sends people to the gallows is itself deeply flawed,
and shows little sign of changing.
'The Master of the Evidence' When she called on the Iraqi government to issue
an immediate moratorium on the death penalty last year, United Nations human
rights chief Navi Pillay said she was stunned at the number of offenses for
which people can be put to death. There are around 48 crimes that are eligible,
including, under certain circumstances, damage to public property.
Following the execution of 34 people, including 2 women, on Jan. 19, 2012, Navi
said in a news release, "Given the lack of transparency in court proceedings,
major concerns about due process and fairness of trials, and the very wide
range of offenses for which the death penalty can be imposed in Iraq, it is a
truly shocking figure."
"Most disturbingly, we do not have a single report of anyone on death row being
pardoned, despite the fact that there are well documented cases of confessions
being extracted under duress."
Responding to Navi Pillay's condemnation, Iraqi parliamentarian Izzat
al-Shabandar said, "This statement means nothing to us. The people that have
been executed are criminals. The timing of the executions is up to the
judiciary and the government authorities, and they [the U.N.] don't have the
right to interfere in our internal issues."
When the U.S. and its coalition first endeavored to establish and train a new
Iraqi security force and judiciary free of the totalitarian dictates of Saddam
Hussein and his regime, among the recommendations was, "Train all judges and
prosecutors on internationally recognized standards of human rights, as well as
judicial and prosecutorial ethics." Another was, "Deny the use of confessions
obtained under torture, even if corroborated by other information."
Yet "police throughout [Iraq] continued to use abusive and coerced confessions
as methods of investigations," the State Department cites in its latest report,
adding, "Credible accounts of abuse and torture during arrest and
investigation, in pretrial detention, and after conviction, particularly by
police and army were common." The State Department says former prisoners,
detainees and human rights groups detail methods including "stress positions,
beatings, broken fingers, electric shocks, suffocation, burning, removal of
fingernails, suspension from the ceiling, overextending the spine, beatings on
the soles of the feet with plastic and metal rods, forcing victims to drink
large quantities of water then preventing urination, sexual assault, denial of
medical treatment, and death threats."
Confessions have long been a deliberate element in Iraqi justice, both before
and after Saddam's rule. The justice system, based largely on Islamic and
tribal tradition, has always placed the importance of confessions above other
types of considered evidence. Here, it's called the Master of the Evidence,
similar to the Latin phrase Confession est regina probationum, or "Confession
is the queen of proofs," which justified the use of forced confessions during
the Middle Ages.
Tariq Harb, a judge in Baghdad, says the country's system is similar to other
Arab countries that use Islam's holy Quran as the basis for its laws. "All its
rules and articles are largely derived from Islamic jurisprudence and Arab
19th-, 20th-century modern laws from Egypt and Lebanon," he told Al Jazeera.
Instead of a trial by jury, defendants face a panel of 3 judges. In its 2012
report on human rights in Iraq, the U.S. State Department reported, "Many
defendants met their lawyers for the 1st time during the initial hearing and
had limited access to legal counsel during pre-trial detention." It added,
"Allegations that defendants were subjected to coerced confessions and
compelled to confess guilt were common."
Confessions have also become a political tool for the Iraqi government, which
frequently airs interviews with suspects admitting to crimes - from running
cells with alleged militant ties, raping women or men, kidnapping and torturing
people, or organizing attacks on Iraqi security forces - on state-run
television. There are dozens of videos on YouTube showing people confessing to
crimes that were broadcast on Iraqi television.
Many have been convicted under a terrorism law the Iraqi parliament passed in
2005, which approves the death sentence not only for those convicted of
committing terrorist acts, but also those who "finance, provoke, plan or enable
such acts." The law also offers amnesty and anonymity to secret informers who
report such activities. The U.N. Human Rights Council report says those reports
"have contributed to the detention of thousands of Iraqis ... and many have
been wrongly executed."
The report also says detainees are tortured to confess their crimes,
confessions they retract once they appear in court. However, because of its
importance in the Iraqi judicial process, the confession is often used to
demonstrate guilt, and a death sentence is quickly issued.
The uncle in Wichita
Musadik Mahdi knows only that his nephew, Osama Mahdi, is being held at the
prison in Kadhmiya. He has no idea if Osama has been executed, or if a date has
been set.
"They sent him to his death for something he didn't do, and the trial is so
bogus," says Mahdi, an aerospace engineer who has lived in Wichita, Kan., for
20 years and in the United States for more than 40 years. "It's as though
they're sending a sheep or cow to death; the whole system is so corrupt."
Mahdi's 32-year-old nephew, an oil technician, was convicted of planting a bomb
in a car belonging to an Iraqi army officer and killing him. The crime happened
in late 2008, but Osama wasn't arrested until January 2010.
His nephew was arrested, Musadik Mahdi told Al Jazeera, "because someone [the
Iraqi police] tortured in prison told them Osama killed the officer."
Mahdi provided medical documentation to Al Jazeera listing physical marks on
his body that were "not normal." Mahdi is less vague: "There were 20 marks on
his body; they broke his jaw, broke his nose during the torture."
His trial, in October 2011, lasted less than a day.
Osama Mahdi also had an alibi. His boss and another co-worker appeared in court
to testify that there was no way he could have committed the crime because he
was at work. They claimed they even had his punch card to prove it.
There were no witnesses testifying against Osama, his uncle says, only a secret
informant. "The interesting part is, if you read the court papers ... the court
is saying there is no eyewitness. There???s no DNA; nobody heard or said
something."
Mahdi, trying to monitor the proceedings from his home in Kansas, has been
pushing his state senator and local congressman to take action. The State
Department and the American Embassy in Baghdad have been informed and have
attempted to advocate on Osama's behalf. "I pushed them a little bit; I said,
'You put this government in Iraq, you tried to make democracy in Iraq and you
tried to bring this country to the civilized world, so I'm sure you have some
authority and influence,'" he recalls. "They are trying to help, but they don't
say exactly what they are trying to do."
He recently received word from the U.S. Embassy in Baghdad confirming that
Osama Mahdi had been transferred to Kadhimiya Prison, and that, according to
the letter provided to Al Jazeera, "his capital punishment sentence was
validated by the court prior to his transfer." While he is set for execution,
the letter continues, embassy contacts "believe, however, that it is possible
that he could be granted amnesty through a Presidential Decree. Unfortunately
at this time it is impossible to say with any certainty."
That Osama's fate is tied to the Iraqi government's political fortunes is clear
to Musadik Mahdi. "Because they have so much resistance to the government, they
tried to basically make people an example - we have to send someone [to be
executed], regardless of who did it. The poor guy was in the wrong place at the
wrong time."
The Saudi national
"I do think there is an absolute correlation that shows this relationship,
completely void of any recourse," says Akhtar Raja, a British lawyer practicing
in London, specifically on human rights laws. "Every time [there's an attack]
the political imperative is to show that something has been done in response -
you have waves of people being hanged who've not had a chance to fight a legal
case."
One of Raja's current cases is that of Saudi national Abdulla Qahtani, also on
death row in Kadhimiya Prison. Qahtani's situation, while questionable, is
pretty straightforward, says Raja.
"[Qahtani] entered Iraq foolishly [from Saudi Arabia], was planning to move to
Europe and claim asylum, but was brought to Iraq by some people first. He was
rounded up initially by American forces, and held by them for many months
before his release," Raja recounts. Qahtani was then arrested again, this time
by Iraqi authorities, for not having the right immigration papers. He came into
the custody of the infamous Brigade 56, Raja claims. While Qahtani was in
custody, an armed robbery and murder occurred outside in the city. Yet this did
not dissuade Iraqi security officers from trying to get him to confess to the
crimes.
"They proceeded to torture him horrifically and extracted a confession and got
him to implicate himself in the murder and armed robbery, which physically he
couldn't have done; then he was made to broadcast the confession on television
twice. When in court, the 1st opportunity he had, he withdrew the confession."
Raja says he himself saw the evidence of torture when he met with Qahtani
during a 90-minute visit in February this year. "I saw signs of injuries, what
looked like cigarette burns, scars on his ankles and his torso," Raja recalls.
Raja says there have been discussions between the Iraqi and Saudi governments
that might result in a retrial for Qahtani or a possible prisoner exchange. All
these efforts, however, are hampered by the relentless violence in Iraq, and
the pressure the Iraqi government faces to be seen to be addressing it.
Raja says the tradition of relying on confessions in court is deeply rooted in
the Iraqi psyche. "If you go to Iraq yourself and have this discussion with a
range of people, they will all say that's quite normal and that's quite
acceptable. You even hear this from liberals," he says. "There's almost a
presumption of guilt."
The State Department, in its report last year on the human rights situation in
Iraq, said corrupt and abusive Iraqi security forces were rarely punished.
There were no known court convictions for abuse. "The government did not take
widespread action to reform security forces to improve human rights
protection," the report said.
Iraqi authorities can legally detain someone suspected of committing a crime
that is punishable by death for "as long as necessary to complete the judicial
process," the report says. "Lengthy detentions without due process and without
judicial action were a systemic problem."
Raja says Qahtani's family have recent disturbing reports from Kadhimiya
Prison. "Abdullah's family learnt that he is on hunger strike, for the 2nd
time," Raja said, adding that Qahtani has complained of discriminatory
treatment. "We have requested for the Red Cross to investigate his condition.
Not so long ago he suffered from a liver disease."
Will take years to change
In its October report on the progress achieved by U.S. rule-of-law programs in
Iraq, the U.S. special inspector general for Iraq reconstruction (SIGIR) found
that the U.S. government spent about $560.3 million to "develop and/or
reconstitute the corrections and judicial components" in Iraq.
As late as January 2012 it launched a $1.6 million pre-trial detention program
with the Iraqi Ministry of Interior, to train and mentor MOI officials and
improve the skills of those working in the country's detention centers.
According to program officials, soon after they began their work, the Iraqi
government decided to ban non-Iraqis from entering and checking on the
facilities. The program was shut down 6 months later after reports of poor
treatment of inmates and allegations of abuse and torture. According to the
SIGIR report, "a Ministry of Interior official stated he was very pleased with
the quality and content of the training."
Hundreds of Iraqi judicial officers were trained under the many U.S.-funded
programs over the years; police investigators and police trainers were also
taught how to gather and preserve criminal evidence.
SIGIR concluded that while U.S. assistance has provided the Iraqi government
with "a firm basis on which to build a fair and transparent system ... it will
take generations to change the Iraqi culture and corruption that affect the
judicial system." The security problems that put the judiciary at risk also
hamper progress.
"Whether the hundreds of millions of U.S. taxpayer dollars were used
effectively, will be decided by the Government of Iraq and the Iraqi people,"
the report concludes.
If the Iraqis do not follow through on all those years of training and
guidance, the special inspector general concludes, "the money invested will
have been wasted."
(source: Al Jazeera)
INDONESIA/MALAYSIA:
Maid's Case May Push Migrant Bill
The case of Indonesian migrant worker Wilfrida Soik, 22, who is facing the
death penalty in Malaysia, should serve to push the House of Representatives to
ratify a bill of amendments to the migrant worker protection law, women's
empowerment minister Linda Gumelar said on Thursday.
"We are calling for [the draft bill] to be ratified, so that there will be no
other Wilfridas in the future as a result of weak Indonesian migrant worker
protection laws," the minister said.
The packet of revisions to the 2004 Law on the Placement and Protection of
Indonesian Migrant Workers remains a subject of heated debate between House
legislators and the central government.
The Women's Empowerment and Child Protection Ministry, representing the
government, has proposed several key provisions, including better protection
for female migrant workers under the framework of gender equality.
According to the ministry, the existing legislation places too much focus on
the placement of migrant workers and very did emphasis on their protection and
safety - a point addressed in only one Article 9 in the law.
Linda said the revised law would more comprehensively regulate the protection
of migrant workers in foreign countries and actively involve regional
governments in such efforts.
"It is not regulated in the old law, so when a case surfaces, regional
governments are not included," Linda said, adding the revisions would also more
strictly regulate services by migrant workers agencies, starting from the
recruitment process and training, to the placement of workers abroad.
Regarding Wilfrida's case, Linda said she remained optimistic that a solution
would be found, adding that the government was working to gather more evidence
to prove that the domestic worker had been a victim of human trafficking.
Linda also vowed to continue monitoring developments and to offer guidance in
the case as the government put serious efforts into seeking to ensure that
Wilfrida avoided the death sentence.
Wilfrida was arrested for allegedly murdering her 60-year-old employer, Yeap
Seok Pen, during an argument that turned violent, according to reports in local
media at the time of her arrest. Yeap, who suffered from Parkinson's disease,
reportedly accused Wilfrida of sleeping with her 64-year-old husband.
The maid had worked for the family for less than a month and lived in their
home in Kampung Lubok, Pasir Mas, Kelantan. She claimed the woman often yelled
at her and physically abused her during the time she worked in the house.
The Kota Bharu Court in Malaysia on Monday postponed the verdict in the case as
Wilfrida's legal team moved to introduce new evidence alleging that she was a
juvenile at the time of her arrest.
Aside from being a victim of human trafficking, officials are also working to
prove Wilfrida's real age during the incident, which could be an opportunity to
avoid the death sentence.
If proven to have been under 18 years of age at the time of the incident, the
Malaysian government will not be able to sentence her to death, because, as
with Indonesia's 2002 Child Protection Law, Malaysian law entitles children
below 18 years to special protection in any given situation, including in cases
like Wilfrida's.
In addition to her age, Wilfrida had also been sent to work in Malaysia at a
time when the Indonesian government had implemented a moratorium on migrant
workers being sent to Malaysia, meaning she had been placed there illegally.
"We are hoping that the new evidence that we will be submitting in the next
hearing could prove that Wilfrida was a victim too," Linda said. "Whatever the
court decides, we will continue to try and ask for them to ease Wilfrida's
punishment, starting with an appeal and more."
(source: The Jakarta Globe)
THAILAND:
Player Arrested for Muling Cocaine
Nigerian footballer, Mamadou Dioulde Diallo was detained in Bangkok's
International Airport for muling just over one pound of cocaine in his stomach.
This mistake can cost the Nigerian his life as the strict laws in Thailand
punish drug possession and smuggling with the death penalty or capital
punishment, depending on the severity of the case.
Thai police stopped Diallo because he was acting suspicious inside the airport.
Then, the Nigerian player was taken to the X-ray where the police found the
$100k treasure hidden in his stomach.
Mamadou Diallo admitted his guilt and excused himself by saying that his
mother's illness pushed him to do the smuggling. since he needed the money to
pay for her treatment and his job as a soccer player didn't pay enough. Paisarn
Chuenjit, chief of the Customs Department, said the Nigerian had flown from
Ethiopia and that he had agreed to smuggle drugs for a Nigerian businessman.
(source: soccerly.com)
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