Icfr 2014 report final

‫ﺗﻘﺮﻳﺮ اﻻﺋﺘﻼف اﻟﻌﺎﻟﻤﻲ‬ The International Coalition for Freedoms and Rights ‫ﻟﻠﺤﺮﻳﺎت واﻟﺤﻘﻮق‬ ٢٠١٤ ‫ﻟﻌﺎم‬

ANNUAL REPORT 2014 ‫ﺣﺎﻟﺔ ﺣﻘﻮق اﻻﻧﺴﺎن ﰲ اﻟﺒﻠﺪان‬The ‫ﺑﻴﺔ‬ ‫ﻟﻌﺮ‬ ‫ا‬

Status of Human Rights in the Arab World

The International Coalition for Freedoms and Rights ANNUAL REPORT 2014

The status of human rights in the Arab world

Preparation and monitoring studies team Introduction Toby M. Cadman Curtis F.J. Doebbler Translator Participants in the report

Mahdi Salama

Mohamed Alayasra – Jordan Amjd Alqawasmi

Editing

Kamal Al-Otaibi - Bahrain

Arabic version - Ahmad Al-Alban

Iman Tariki – Tunisia

English version - Anna Birawi

Fadel Alshaakfa – Syria Noor Hashem – Sudan Abdullah Ghanm – Iraq

Coordination and follow-up

Saif Albaidhani - Oman

Ragad Osama

Liyla Akrm - Qatar

Saad Alani

Ahmed Abdul Rahman - Kuwait

Walaa Mohamed

Karam Adam – Lebanon Ali Edari - Libya Khalid Kareem – Egypt Ahmed - Al-yousf Hesham Almahlafe - Morocco Ahmed Alahmadi - Yemen

Art direction ASYA Graphic

Contact Information/ Arabic language

Facebook: ICFR.ar Twitter: @ ICFR_ar E-mail: info@icfr.info Web: icfr.info/ar Contact Information/ English language

Facebook:ICFR Twitter: @ ICFRenglish E-mail: office@icfr.info Web: icfr.info/en

All rights reserved - Copyright Š

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Contents Introductions..................................................................................................... 13 1. Egypt............................................................................................................... 17 General, political and legal overview...................................................................17 Human rights violations ...........................................................................................17 The right to freedom, fair trial and treatment................................................17 The right to life and security ................................................................................23 2. Iraq.................................................................................................................. 24 General, political and legal overview...................................................................24 Human rights violations ...........................................................................................24 The right to freedom, fair trial and treatment................................................24 The right to racial equality....................................................................................25 The right to freedoms of the press and expression.....................................27 The right to life and security.................................................................................28 3. Jordan............................................................................................................. 31 General, political and legal overview...................................................................31 Human rights Violations ...........................................................................................32 The right to freedom, fair trial and treatment................................................32 The right to racial equality ...................................................................................34 The right to freedoms of the press and expression.....................................35 Recommendations......................................................................................................37 4. Lebanon......................................................................................................... 38 General, political and legal overview...................................................................38 Human rights violations ...........................................................................................39 The right to freedom, fair trial and treatment................................................39 Social and economic rights...................................................................................41 The right to racial equality....................................................................................41 The right to freedoms of the press and expression.....................................41 Recommendations......................................................................................................44 5. Saudi Arabia.................................................................................................. 45 General, political and legal overview...................................................................45 Human rights violations ...........................................................................................46 The right to freedom, fair trial and treatment................................................46 Social and economic rights ..................................................................................50 The right to racial equality....................................................................................51

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The right to freedoms of the press and expression.....................................51 6. Sudan.............................................................................................................. 54 General, political and legal overview...................................................................54 Human rights violations ...........................................................................................55 The right to freedom, fair trial and treatment................................................55 Social and economic rights ..................................................................................58 The right to freedoms of the press and expression.....................................59 7. Syria................................................................................................................ 61 General, political and legal overview...................................................................61 Human rights violations ...........................................................................................61 The right to freedom, fair trial and treatment................................................61 The right to freedoms of the press and expression.....................................63 The right to life and security.................................................................................64 Illegal weaponry.......................................................................................................68 8. Tunisia............................................................................................................. 70 General, political and legal overview...................................................................70 Human rights violations ...........................................................................................71 The right to freedom, fair trial and treatment................................................71 Social and economic rights...................................................................................72 The right to freedoms of the press and expression.....................................73 The right to life and security.................................................................................74 9. Yemen............................................................................................................. 75 General, political and legal overview...................................................................75 Human rights violations ...........................................................................................77 The right to freedom, fair trial and treatment................................................77 The right to racial equality ...................................................................................80 The right to freedoms of the press and expression.....................................80 The right to life and security.................................................................................81 10. United Arab Emirates (UAE)..................................................................... 86 General, political and legal overview...................................................................86 Human rights violations ...........................................................................................88 The right to freedom, fair trial and treatment................................................88 The right to freedoms of the press and expression.....................................92 11. Libya............................................................................................................. 95 General, political and legal overview...................................................................95 Human rights violations ...........................................................................................96 The right to freedom, fair trial and treatment................................................96

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Social and economic rights ..................................................................................97 The right to freedoms of the press and expression.....................................98 12. Bahrain......................................................................................................... 99 General, political and legal overview...................................................................99 Human rights violations ........................................................................................ 100 The right to freedom, fair trial and treatment............................................. 100 Social and economic rights ............................................................................... 102 The right to freedoms of the press and expression.................................. 104 13. Kuwait........................................................................................................106 General, political and legal overview................................................................ 106 Human rights violations ........................................................................................ 106 The right to freedom, fair trial and treatment............................................. 106 Social and economic rights ............................................................................... 108 The right to freedoms of the press and expression.................................. 109 14. Morocco.....................................................................................................113 General, political and legal overview................................................................ 113 Human rights violations ........................................................................................ 113 The right to freedom, fair trial and treatment............................................. 113 15. Oman..........................................................................................................116 General, political and legal overview................................................................ 116 Human rights violations ........................................................................................ 118 The right to freedom, fair trial and treatment............................................. 118 The right to freedoms of the press and expression.................................. 119 16. Qatar...........................................................................................................123 General, political and legal overview................................................................ 123 Human rights violations ........................................................................................ 123 Social and economic rights ............................................................................... 123 The right to freedoms of the press and expression.................................. 124 17. References ................................................................................................126

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Introductions International law is the single common denominator among virtually all countries in the world. It is based on the recognition that the governments of every State in the world must respect some basic principles of international law, such as the prohibition of the use of force against another State, and that all States must ensure some basic rights for all human beings under their jurisdiction. State sovereignty underpins both international law generally, and specifically international human rights law. It is the element of States sovereignty that makes international human rights law relevant to every government in the world, including those in the Middle East. It is also what makes international human rights an important issue for human rights defenders such as the International Coalition for Freedoms and Rights (ICFR).

While some governments will undoubtedly see this report as a criticism of their actions, it would serve them much better to understand it as consul about areas they need to improve to better gain the trust and respect of their people and the international community. No government, no matter how feared, is respected by a people whose human rights it violates. Conversely, when

a government respects its peoples’ human rights and those of people in other countries, it is more respected by its own people and the international community.

In recent years some of the most serious and widespread violations of fundamental human rights have been perpetrated against the people of the Arab world, not by fellow Arabs, but by other States that have directed the full force of their aggression against the people of the Middle East. Too often governments in the Arab world have colluded in these serious violations.

The section in this report on Yemen, recounting how even the government now admits that so-called targeted killings carried out by drones killed civilians, indicates the danger States face when they cooperate with foreign aggression against their own people.

Similarly, governments that colluded with the United States’ torture of detainees, which has recently been strongly criticised by the UN Committee against Torture, share the responsibility and shame for these hideous actions with the United States Government.

Violations of the Charter of the United Nations’ important prohibition of the use of force have often been the greatest threat to human rights in the Middle East. These violations must be ended and past violators must be punished to ensure the end to the impunity that has allowed repeated aggression against the people of the

14 Middle East. Failure to punish these violators, who are often based in foreign countries, significantly depreciates the commitments to international law to which all States, including those in the Arab world, have agreed.

At the same time, Arab States have significant room to improve the treatment of their own citizens. As the report notes, even members of the royal family in Saudi Arabia have been subjected to arbitrary detention and inhumane treatment by members of their own governing family. At the same time, countless ordinary Egyptians have been subjected to serious and massive violations of their rights to security of person, to life, to fair trial, to protection from arbitrary detention, and to protection from inhumane treatment or punishment since the July 2013 military coup. Such high profile and widespread violations of human rights significantly degrade the commitments that Arab States have made in their own regional instruments such as the Arab Charter on Human Rights as well as by ratifying more universal human rights treaties.

This first report on human rights in sixteen Arab countries in the Middle East and North Africa by the ICFR adds to the increasing awareness of human rights in the region. It is a humble effort that deals with a selection of States and select human rights situations within these States, but more importantly it is a starting point for yet another civil society actor contributing to

accountability for the human rights of others.

It is hoped that both human rights defenders in the Middle East and elsewhere around the world and especially the governments of Arab States, including those examined in this report, will welcome the report and engage with the ICFR to improve the situations of human rights in their country. Ultimately human rights reflect shared values of both governments and their people and respect for human rights benefits both governments and their people.

Curtis F.J. Doebbler It is an honour to be invited to contribute to this report and write an introduction. I endorse the report without hesitation and note that it covers some of the most critical issues that the world faces today. It is my view that justice and accountability is an essential tool for ending impunity and ensuring long-term peace and stability.

I also believe that such a process must be applied without discrimination for all peoples irrespective of their religious or political beliefs and irrespective of their ethnic, social or political membership or affiliation.

The past decade has experienced some of the most turbulent economic, social and political upheavals that have had a deeply destabilising affect throughout the world. It is clear that

15 peace and stability is at risk throughout the developed as well as the undeveloped world. North and Central Africa, the Middle East and The Gulf have clearly experienced the greatest turbulence, but let us not forgot that instability has also been experienced in many parts of Asia and Europe. It is to be noted that recent events in Missouri and New York in the United States of America has clearly demonstrated that peace and stability hangs by a thread even in democracies unless the rule of law is applied indiscriminately and without fear or favour.

We have observed citizens of numerous countries becoming more and more socially and politically aware.

Aware that as citizens they have the right to be heard, and demand change where that change is needed. We have seen a focus on democracy and the thirst for its principles where previously there has been but a passing nod. With this increased awareness however we have also seen the ruling classes reacting with barbaric ferocity.

Fear has swept certain parts of the world, fear that the populace has come to realise that it is they that hold the key to power and that a regime in reality governs by consent; for it is only with this consent that any government truly has a mandate from the people.

This increased awareness however in certain states has an unfortunate flipside. As society mobilises to seek, and to demand change, those that fear

losing their total grasp over power also mobilise. However, the movement of the ruling regime is not one that embraces its people, it is one that exerts its power further, moving to new levels of authoritarianism so as to quash those thoughts that may seek to dilute its power.

This exertion of total power takes similar forms regardless of where the state is in the world. We see the same fundamental principles and basic rights undermined in Africa, Asia, and across the Middle-East.

To silence the movement of a populace, basic rights are restricted or removed entirely. Increased use of arbitrary detention, restriction of all freedoms and civil liberties, and the total abandonment of fair trial principles are all examples of how an autocratic or dictatorial regime seeks to silence its critics.

Coupled with the direct targeting of individuals or groups of individuals, an autocratic regime must also ensure that undue attention is not highlighted nationally, hence we see measures introduced to restrict press freedoms and limit social media interaction.

Press freedom is an essential element of any free society so as to hold the government to account, to highlight and to challenge. However, being held to account is dangerous for a regime that ignores all established international (and often their own domestic) principles concerning

16 human rights, and therefore those that do not ‘tow the party line’ are silenced and removed.

It must be accepted that in states where there is an awakening of the people or a crackdown on the people, the regime often governs on a sectarian basis. A particular race or religion (and often the minority) holds all the power, and those from a different race or religious sects are deemed secondclass citizens.

All of these issues brought together culminate in a simmering of emotions that can manifest themselves in very dangerous ways.

For instance, when you remove the middle ground, there is only extremism left. This is not necessarily religious extremism, however a people will only be denied a voice for so long until they revert to increasingly violent means to make themselves heard. It is a sad reality that this can often manifest itself in religious extremism, given it is often a particular religion or sect of a religion that has been mistreated by the state.

The purpose of this report is to give an overview of the situation in specific states along with seeking to highlight particular thematic problems and examples of how the state is abusing its position so as to hold on to power.

What the report also highlights, although tacitly, is that there are countries that consistently violate the rights of its citizens and yet

those countries continue to receive the explicit support, politically, economically, and militarily of the international community. This support in reality breeds contempt and allows impunity. This support renders its giver complicit in the crimes being committed by these states.

It is accepted that such an argument will be met with wide eyes, however, the reality is this, without the political and economic support given to Saudi Arabia and Egypt to name but two, these States would neither have the means nor the ability to act with such impunity.

Countries such as the US, the UK and the wider EU are therefore facilitators, they provide the means for the offences to occur, both explicitly with the sale of arms, and implicitly given the continued political support and the complete lack of condemnation.

This report is merely a snapshot of issues; a detailed examination reveals the true extent of the crimes perpetrated by the few against the many all in the name of power.

However, it is hoped that this report can also result in its own awakening.

An awakening that highlights the true position in those countries subject to an autocratic regime, and an awakening that results in an international demand for it to stop, and thus end the impunity with which certain states are currently allowed to operate.

Toby M. Cadman

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HUMAN RIGHTS VIOLATIONS

1. Egypt GENERAL, POLITICAL AND LEGAL OVERVIEW Egypt has been witnessing many serious violations of human rights, most significantly in the aftermath of the military coup against Egypt’s first democratically-elected President, Mohamed Morsi, on 3rd July 2013.

The coup was led by military leader Abdul Fattah al-Sisi, who later came to power. Since the fateful day, hundreds of protesters have been killed during the dispersal of the sit-ins and demonstrations protesting the coup.

Thousands more have been arrested, and numerous cases have emerged reporting the forceful disappearance of many Egyptians; and the spread of torture and sexual assault in prisons and detention centres, all in a glaring violation of international human rights agreements and conventions.

Since the coup, Egypt has also witnessed a number of mass death sentences issued against hundreds of political detainees opposed to the coup, and around 830 students have been expelled or suspended for up to two semesters for their opposition.

The right to freedom, fair trial and treatment •

Abductions and enforced disappearance

According to International Law, forced disappearance occurs when authorities detain an individual then deny holding him in custody or refuse to reveal where he is being held.

According to the 1992 Declaration on the Protection of All Persons from Enforced Disappearance, “Enforced disappearances occur when persons are arrested, detained or abducted against their will or otherwise deprived of their liberty by officials of different branches or levels of Government, or by organised groups or private individuals acting on behalf of, or with the support, direct or indirect, consent or acquiescence of the Government, followed by a refusal to disclose the fate or whereabouts of the persons concerned or a refusal to acknowledge the deprivation of their liberty, which places such persons outside the protection of the law.”

Article 10 of the International Covenant on Civil and Political Rights and Article 20 of the Arab Charter for Human Rights stipulate that all persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.

The Inter-American Court for Human

18 Rights described isolation for extended periods and holding detainees incommunicado as a crime against humanity. The European Court of Human Rights also condemned forced disappearances and the suffering they inflict on both the detainees and their families.

Scores of Egyptians disappeared after being arrested by security forces from their homes, places of work and during demonstrations. Despite many attempts by their families to locate them at police stations and detention centres and letters to public prosecutors, the Ministry of Interior and human rights organisations, many detainees remain missing. Some detainees disappear for a few days before their families and lawyers manage to finally locate them.

Cases of disappearance that occurred in 2014 include the following: 1. On 9th November 2014, the director of al-Rahma Hospital, Dr Ramadan Abu al-Yazeed, was stopped by the police on his way to work and beaten. He subsequently disappeared and despite searching for him, his whereabouts is still unknown.

2. On 17th August, Adil Taha Ahmed Qanawi, a 33-year old teacher from Fayyum, was abducted by security forces from Tabarak Hospital while accompanying his wife in labour. His family later learned from relatives of other inmates that he was being held at Al-Azouly Prison. His family appealed to the public prosecutor and

the Minister of Interior but to no avail.

3. Mohammed Sha’ban Abdulsattar al-Laithi, a 21-year old second year engineering student at Cairo University, was arrested on 4th October. He was then taken to an unknown location.

According to other detainees, he was transferred back and forth between Fayyum Police Station, the Security Directorate and State Security. They also revealed that he was tortured into confessing crimes he did not commit.

His family sent letters to the Public Prosecutor and other government bodies but to no avail.

4. On 18th April, Dr Asmaa Khalaf Shandeen Abdulmajid, a 26-year old doctor at Kasr El Aini Hospital, was abducted by State Security forces.

She was seen by other detainees at a number of prisons and detention centres. Her family has not been able to find out where she is being held.

5. On 27th February, police forces and State Security abducted 17-year old Omar Ibrahim al-Husseini. According to his brother, who works as a lawyer, police officers from Zagazig Second Precinct raided the family home in the evening just as Omar was arriving home from school. When they failed to find anyone home except for Omar and his mother, they arrested Omar who has since disappeared.

6. On 15th June, State Security forces arrested Fouad Farouq Mahmoud Kandil, who is the regional manager of Mantrac Egypt and Assistant Secretary-

19 General in the Freedom and Justice Party in the Gharbia Governorate.

They raided Kandil’s hotel room while he was on a visit to Alexandria and he was taken to Sidi Gaber Police Station.

When his family went to look for him they were informed that he had been transferred to State Security in Gharbia.

Kandil, who suffers from liver disease, remains missing until this day.

7. Hajar Ismail, a 17-year old first year student of Islamic Studies, disappeared for two weeks after she was arrested on 18th May whilst on her way to a friend’s house.

•

Torture and inhumane treatment

Torture is still rampant in Egypt today, especially in the aftermath of the military coup that overthrew Egypt’s first democratically elected President, Mohamed Morsi. The absence of any legitimate intention to enforce the rule of law and the repressive nature of the regime has meant that security forces have been able to act with full impunity.

Human rights organisations documented more than 14,668 cases of torture and sexual assaults1. Female students at al-Qanatir Prison were sexually harassed and subjected to virginity tests in a clear violation of the rule of law. Among the cases 1

According to unofficial statistics issued by the human rights organisations, including the Egyptian Observatory of Rights and Freedoms

that were documented was that of Safa Hasan Taha Hiba, an 18-year old student from Giza, who was arrested without a warrant on 8th January 2014. Police chased her down the streets of her neighbourhood after they suspected her of taking part in anti-coup demonstrations. Safa was thereafter beaten and taken to Madinat Nasr First Precinct and Masr al-Jadida Police Station, before she was finally transferred to al-Qanatir Prison where she was brutally tortured. She was sentenced to three years in prison by the Masr al-Jadida Misdemeanours Court. According to Safa, she was assaulted and tortured by 10 police officers at Madinat Nasr Police Station.

She, and a number of other girls, were forced to take their clothes off in front of police officers. When prison officials burnt down some trees near al-Qanatir prison, many snakes escaped into the prison cells where the girls were being held.

On 12th February, Mahmoud Mukhtar Abdulmuhsin Mohammed, a 23-year old student at the Higher Institute for Trade and Computing, was arrested at his home in Tanta by police and State Security officers who also assaulted his mother and sister. Mohammed was tortured and electrocuted at Tanta Second Precinct until he agreed to sign a statement with false confessions. He appeared before the public prosecutor on 13th February but, despite the clear signs of torture all over his body, he was

20 not referred to a medical examiner. He was tortured again into confessing to burning a police car. Mohammed was placed in a small closet for three hours.

He was finally charged with inciting violence against the police and the army; attempting to overthrow the regime; distributing anti-army and anti-police pamphlets; and using social media to incite violence. He was remanded in custody for 15 days, which was renewed for a further 15 days on 26th February. His family filed a request with the Public Prosecutor to have their son referred to the medical examiner. The Public Prosecutor granted them permission but the doctor’s report omitted any mention of torture-inflicted injuries and instead alleged that Mohammed was suffering from a cold and a few bruises. It later emerged that the report was written under the supervision of the police.

Mohammed is yet to be referred to court or charged. He still suffers from chronic pains due to the torture he endured.

Also on 12th February, Mohammed al-Yamani, a reporter from Damietta, was arrested by members of several security forces and forcefully disappeared for two days before appearing before the Public Prosecutor. Mohammed was tortured and electrocuted for 24 hours before he was forced to confess to crimes he had not committed and mention certain names in the course of the investigations. According to his family,

Mohammed remained handcuffed and blindfolded for two days while he was being questioned. His remand in custody was renewed for 15 days.

Mohammed was transferred to Kafr Saad Police Station and charged with several offenses, including belonging to a terrorist group and setting police cars on fire. He is yet to be tried for these alleged crimes.

Other cases include the following: 1. Mohammed Abdul Mu’ti Beltagy, a 22-year old student from al-Azhar University, was stopped by the police as he rode the bus on his way home on 10th January 2014. Upon arrival at Mansoura First Precinct, Mohammed was subjected to what is known as “the welcoming party”, a ritual whereby detainees are forced to take their clothes off followed by a beating by the officers. Mohammed was remanded in custody for 15 days before being transferred to Jamsa Prison. His trial date was set for 15th April on charges of burning police cars, rioting and demonstrating with the aim of overthrowing the Government.

2. Dr Tamer Yusuf Mohammed was arrested on 27th May as he headed home. Dr Mohammed was beaten and dragged along the street by security forces, leaving him with bruises on his face and neck. He was tortured upon arrival at Kafr Saqr Police Station. He was also denied food and drink and held in a cell with convicted criminals.

3. Human rights activist and al-

21 Azhar student, 22-year old Haitham Abu Khalil, was tortured and sexually assaulted while he was detained at the police station of the Second Precinct of Madinat Nasr. Police officers threatened to publish footage of his sexual assault if he did not denounce President Morsi and recite songs praising the army and coup leader al-Sisi.

and State Security officer Mohammed Heet. According to Awad, he was stripped, tortured, and hung like a slaughtered animal throughout the night. He denied all charges against him and when he appeared before the public prosecutor he was returned to the police station for a further three days of torture.

4. Security forces arrested Omar Jamal Ibrahim al-Shewick, a first year student at al-Azhar University. Omar was taken to Madinat Nasr Police Station where he was tortured and abused during interrogation to force him to reveal the names of others who had taken part in anti-coup demonstrations. Omar’s testicles and fingertips were electrocuted. He was also raped with a stick until he finally agreed to have himself filmed making a false confession.

7. On 15th January, police in Ismailia arrested 16-year old Isra’ Hasan alSayyed along with her aunt and cousin.

The women were accused of taking part in anti-coup demonstrations. Isra’ was sentenced to two years in prison on 29th of April. She was also subjected to torture and a virginity test on 30th April.

5. College student Ayat Hamada revealed, during a press conference held on 25th February that a police officer arrested her for chanting slogans opposing the arrest of fellow students. She also revealed that she was sexually assaulted by police officers after she was dragged into an armoured car. Ayat added that police officers planted bullets in her bag to arrest her on charges of possession.

6. Awad Abdul Salaam Mohammed Abul Saad, 47-years old, was arrested and tortured at Mansoura First Precinct in Dakahilia under the supervision of Chief Detective Haitham al-Amshawi

•

Arbitrary arrests

The period covered by this report witnessed the arrest of more than 28,000 Egyptians including women and children. Political detainees were held in 42 prisons and 328 police stations all over the country. The election of coup leader al-Sisi led to an increase in the number of arbitrary arrests. Egyptians were arrested on the street and during raids on their homes without warrants. Scores of doctors, engineers and lawyers were arrested at their places of work. In addition to members of the Muslim Brotherhood, arbitrary arrests extend to anyone suspected of supporting the ousted President, Mohamed Morsi.

Security

forces

also

detained

22 family members of political detainees during home raids in an attempt to put pressure on political opponents to give themselves up. In one such example, security forces from Damietta police station raided the home of the student Ahmed al-Arabi al-Shahawi on 21st August. However, because they couldn’t find him they arrested his father, mother, sister and his sister’s fiancé instead. His sister’s wedding was scheduled for a few days later. The parents were released but the police announced they would not release the sister and her fiancé unless Ahmed gave himself up.

In another incident, security forces in Kafr el-Dawwar in Giza raided the home of Saeed Hasan Sharsheera.

However, when they could not find him, they arrested his father, brother and cousin. They also arrested his wife and her father.

•

Sick detainees

The majority of Egyptian political detainees suffering from chronic and acute health conditions are denied access to medical care, despite the seriousness of their conditions. Sick detainees are held in overcrowded and unsanitary conditions, sharing cells with healthy detainees. There are reports of detainees held in cells infested with cockroaches and without proper ventilation.

Medications brought by family members are not passed on and during winter prisoners

are not given blankets. This systematic neglect has led to the death of scores of detainees. Tarek al-Ghandour and Abu Baker al-Qadi are among those who died in prison: 1. On 30th October, Mahmoud Abdul Rahman al-Mahdi, a 51-year-old resident of Suez, died due to medical neglect at al-Ataqa Prison in Suez.

Mahmoud had been held at the prison since his arrest on 19th January 2014 after being accused of belonging to a terrorist organisation and being in possession of firearms and pamphlets.

Despite a court decision ordering his release on a £10,000 fine, he remained in detention and was transferred to Suez State Security for a week where new charges were applied. Mahmoud was diabetic and hypertensive. He suffered a heart attack twice. He eventually died due to a lack of medical care, despite his pleas and those of other inmates.

2.

Mahmoud Mohammed Mohammed al-Sageer, a 39-year old Egyptian from Alexandria, died at Burj al-Arab prison on 24th August 2014 due to medical neglect. Prison officials refused to take him to hospital to treat a number of health issues he was suffering from, including diabetes.

3. Muslim Brotherhood leader Baker al-Qadi Hanafi died in Qinna Public Prison on 14th November 2014, one year following his arrest. Hanafi was diagnosed with cancer four months before his death, but was denied medical care.

23 4. Tarek al-Ghandour, a Professor of Dermatology at Ein Shams University, died on 12th November 2014 at Shebin al-Koom Prison. Al-Ghandour suffered from liver dysfunction and was imprisoned in Abou Zaabal and Wadi al-Natrun prisons. He was transferred to a general medical centre in the city of Shebin al-Koom in Menufiya. Four days later he suffered bleeding from oesophageal archeries and died six hours later.

The right to life and security •

Extrajudicial killings

More than 789 Egyptians were killed in 2014, including many women, children and elderly2. Most of the killings were deliberate and systematic.

Cases include the following: 1. On 17th November, the Egyptian student Mohamed Ramadan Yehia died under torture at El Zaitoon Police Station 13 days following his illegal arrest.

2. On 22nd August, 45-year old Zainab Mahmoud Noor Abdullah, was killed by police officers in Cairo during a peaceful demonstration. Her family faced a long series of problems in their attempt to prove she was killed. She was buried next to her husband Ala’ al-Abaseeri who was killed during the dispersal of the Rabaa sit-in in August 2013.

2

According to unofficial statistics issued by the human rights organisations, including the Egyptian Observatory of Rights and Freedoms

3. Hasan Nadi Abdulal, a 15-year old student from Cairo, was killed by police forces during an anti-coup peaceful demonstration on 14th August 2014.

His family learned of his death five days later.

4. On 6th August, Nasra Mahmoud died after sustaining a gunshot wound fired indiscriminately by army forces at a local market.

5. On 28th June, a young girl was killed by a shell that landed on her home during a military campaign by the army on Sheikh Zoueid.

24

HUMAN RIGHTS VIOLATIONS

2. Iraq

The right to freedom, fair trial and treatment •

GENERAL, POLITICAL AND LEGAL OVERVIEW The past year in Iraq has failed to witness change; the same series of human rights violations that have persisted for years continue to plague the country. The security situation has deteriorated even further with government security forces and government-backed militias committing extrajudicial killings, torture leading to death and arbitrary bombings which have displaced tens of thousands of Iraqis. Racial, sectarian and ethnic cleansing has spread to more parts of the country. Iranianbacked Shiite militias have played a major role in destabilising the country, as has the appointment of militia leaders in key government positions.

Thousands of Sunni Iraqis, who were arbitrarily arrested during peaceful demonstrations opposing the government marginalisation of Sunni Iraqis in 2012 and 2013, remain languished in prison. Killings, forced displacements and violence increased significantly when the Islamic State of Iraq and the Levant (ISIL) gained control of many Iraqi cities.

Arbitrary arrests, torture and inhumane treatment

Prisons in Iraq are overflowing with detainees who were arrested on the basis of information from secret informants, placing people’s lives at the mercy of such informants. Some detainees have been in prison for years without the prospect of trial. Human rights organisations have sounded the alarm regarding the torture and inhumane treatment at Iraqi prisons.

Many prisoners have been killed under torture as authorities attempted to extract false confessions from them.

The new Iraqi Prime Minister, Haidar al-Abbadi, embarked on a far-reaching campaign to tackle corruption in the military and security forces. A number of officials and judges were replaced in what seemed like an attempt to turn over a new leaf in the history of Iraq. But these steps fail to come close to addressing people’s grievances. Many Iraqis remain detained on sectarian grounds, following the demonstrations that were organised by Sunni tribes to demand the end of the government policy on the marginalisation and targeting of Sunni Iraqis. In this context, activists circulated footage of security forces beating detainees with sticks, pipes and cables while shouting sectarian abuse at them.

25 Other cases include the following: 1. The Arab Organisation for Human Rights in the UK (AOHR UK) revealed on 12th March 2014 that Iraqi security forces had stormed prison cells in Abu Ghraib and al-Tajji prisons and electrocuted prisoners3.

2. On 10th June, Ministry of Interior forces arrested Taha Kurdi, a 33 yearold father of two, at Baghdad Public Court for allegedly being a leader of ISIL. Two weeks later his family received news that he had died under suspicious circumstances. The Ministry of Interior claimed he died of an illness.

A human rights organisation remarked that it was likely Taha died undergoing torture, given the bruises and cuts evident on his body4.

3. On 7th July, footage released on YouTube showed army officers torturing detainees by cutting their backs and rubbing salt into their wounds 5 .

4. On 28th October, a human rights organisation sent a letter to the UN Special Rapporteur on Enforced Disappearances regarding the disappearance of two detained brothers, Mohammed and Nihad al-Mashhadani. Government forces arrested both men in 2005 after a raid 3 4 5

http://baghdadchrs.com/?p=1248 [Baghdad Centre for Human Rights: New video shows security forces torturing detainees in Iraq (Arabic source)] h tt p s : / / w w w. a m n e s t y. o r g / e n / a r ti c l e s / news/2014/10/iraq-evidence-war-crimesg o v e r n m e n t- b a c ke d - s h i - m i l i ti a s / This video has now been removed from YouTube.

on their house in Baghdad. Despite many attempts by their families to obtain information from the Ministries of Human Rights and Defence, the fate of the two brothers remains unknown.

Twenty-five other people were arrested at the same time and taken in a military truck to an unknown location6.

5. On 13th November, a human rights website published horrific photos of Sunni detainee Adnan Jalal al-Fahdawi, a mosque Imam from Al Khaldiya, who was tortured following his arrest.

Adnan died three days later due to injuries sustained under torture7.

6. On 22nd November, al-Hashd militias arrested 100 civilians, including women and children, from the Jurf Al Sakhar area. Many of those detained have not yet been released.

The right to racial equality •

Sectarian violence and displacement

Displacements and immigrations have gained momentum since the USled attack on Iraq in 2003, especially following the escalating sectarian violence which targeted many innocent civilians. The past year saw ISIL take over vast areas of Iraq including Mosul, Biji, Ramadi and other towns 6

7

http://ar.alkarama.org/iraq/item/5010-2005 [Alkarama organisation: Iraq – The disappearance of the brothers Mohammed and Nihad alMashhadani since 2005 (Arabic source)] http://baghdadchrs.com/?p=2900 [Baghdad Centre for Human Rights: Images of torture of Sheikh Adnan Jalal al-Fahdawi (Arabic source)]

26 and villages in between. Iran-backed militias intensified their operations in Iraq. Footage was uploaded on YouTube that depicts Iranian General Qasim Suleimani commanding armed operations with the objective of recapturing cities and towns that have fallen under ISIL control.

The year 2014 also witnessed an increase in the number of Iraqis who were displaced for ethnic and sectarian reasons, especially in Baghdad, Latifiya, Alexandria, Babel and Baqubah; areas with the most active Iran-backed militias. Cases include the following: 1. Many Christian families were forced to flee Mosul after ISIL took control of the city and ordered them to convert to Islam or pay jizya (requital money). The United Nations (UN) described these measures as a crime against humanity and a form of systematic ethnic cleansing. The Association of Muslim Scholars in Iraq denounced what happened as a violation of the teachings of Islam.

2. On 16th June, Iraq’s World Health Organisation (WHO) representative, Sayed Jafar Hussein, announced that the armed conflicts in Mosul and neighboring areas led to the displacement of hundreds of thousands of civilians. According to WHO estimates, more than 500,000 Iraqis fled their homes: 100,000 ended up going to Erbil and 200,000 to Dohuk, whilst 25,000 sought shelter in schools and mosques in Mosul. Many

don’t have access to clean drinking water following the destruction of the local water management stations8.

3. On 21st July, Amnesty International documented the displacement of a Christian family by fighters belonging to the Ahl al-Haq militia, a splinter group that originally fought with the al-Mahdi army led by Muqtada al-Sadr.

4. More than one million Iraqis have fled al-Anbar and Falluja, of whom tens of thousands are currently living in tents and need urgent aid and relief.

5. A UN report also revealed that more than 1.9 million Iraqis were displaced, including 200,000 who have been displaced since early September, most of them from Kirkuk, al-Anbar, Saladin and Diyala.

6. An Amnesty International report indicated that hundreds of thousands were displaced by the armed conflicts in Iraq9.

7. The capture of Nineveh by ISIL led to the displacement of nearly 200,000 Yazidis, a religious sect from Sinjar. The persecuted Yazidis fled to the Kurdistan Mountains where the UN managed to rescue some10.

8

http://www.emro.who.int/media/news/ humanitarian-situation-iraq.html 9 https://www.amnesty.org/en/articles/ news/2014/08/iraq-mass-displacementnorthern-iraq/ 10 http://www.unocha.org/top-stories/all-stories/ iraq-humanitarian-community-responds-mountsinjar-crisis

27

The right to freedoms of the press and expression •

Press

With a lack of protection from injury, arrest and even murder, the year 2014 was among the most difficult for journalists working in Iraq. Journalists have been the target of arbitrary arrests and repression. They are also often direct targets of shooting by government forces and their militias as well as armed opposition groups.

Cases include the following: 1. On 17th January, Ministry of Interior security forces shut down the operations of the Saudi-backed Asharq Al-Awsat in Iraq on the pretext that it was not licenced to print in Iraq11.

2. Journalist Firas Mohammed Attiya was killed on 20th January when a bomb placed on the side of the road exploded while he was covering the clashes between government forces, pro-government militias and ISIL fighters 12.

3. On 5th February, government security forces arrested Al Sharqiya channel photojournalist Majed Sha’bani while he was on the job.

Despite having a licence to practice, Sha’bani was taken to Abu-Ghraib in Baghdad. The Iraqi Observatory for Press Freedoms demanded his 11 http://tinyurl.com/qgk5b48 [Deutsche Welle (DW): Baghdad stops local edition of the Asharq Al-Awsat newspaper (Arabic source)] 12 https://www.cpj.org/killed/2014/firasmohammed-attiyah.php

immediate release and called on the Government to allow journalists to work freely without fear of arrest or murder 13 .

4. The offices of Al Sabah Al Jadid newspaper were targeted with explosives following an incitement campaign against the newspaper for publishing cartoons that mocked the Iranian Supreme Leader Ali Khamenei 14 .

5. The withdrawal of government troops from Mosul and large areas around the city left the door open for ISIL to gain control of these areas.

ISIL bans any type of press coverage without obtaining prior permit form the group. As such a number of journalists were arrested and had their homes attacked with explosives. The Iraqi Observatory for Press Freedoms revealed that ISIL arrested two Egyptian journalists on 29th June: Jamal al-Masri and Maysaloon Jawadi, both of whom work for the Al-Mosulia TV channel. ISIL fighters raided the home of Jamal alMasri, arrested him along with his son and seized the house’s contents before taking them to an unknown location.

His son was released the following day.

Maysaloon Jawadi was arrested at her home and taken to a women’s prison in Mosul.

6. Reporters Without Borders said 13 http://bit.do/UsPt [Journalistic Freedoms Observatory (JFO): Television photojournalist detained by Iraqi army forces in Baghdad (Arabic source)] 14 http://english.al-akhbar.com/node/18650

28 that Leyla Yildizhan, a Kurdish lady who uses the pseudonym Deniz Firat, was killed on 8th August during fighting between the Iraqi Kurdish fighters and the Islamic State group.

7. The Society for the Defence of Press Freedoms in Iraq announced that reporter Miqdad Hasan was held by the Iranian authorities after a name mixup. Miqdad was released a week later but died in mysterious circumstances in his hotel.

8. The Centre for the Protection of Journalists in Saladin Governorate revealed that ISIL fighters executed Raad Al-Azzawi, an employee of the governor’s office and Sama Salah Aldeen TV channel.

The right to life and security •

Extrajudicial killings

As international bombing of ISIL targets intensified, so too did the tempo of human rights violations. Human rights organisations documented many cases of extrajudicial killings by security forces, government-backed militias and ISIL. Cases include the following: 1. At the end of 2013, government forces launched an attack on Sunni demonstrators from Al Anbar Governorate and Al-Hawija District who were demanding political and social reforms. Six people were killed and 19 others were injured in the attacks, according to medical sources at

Ramadi Hospital. The Iraqi government denies the attacks resulted in any casualties.

2. On 23rd January 2014, security forces from Diyala killed seven people after claiming they were planning to attack the city hall building. Members from the Special Forces put three of the bodies on display.

3. On 22nd March, a member of the Presidential Guard shot dead University Professor Mohammed Bdewi during a heated argument.

4. On 26th April, several armed men assassinated Abdul-Karim al-Dosari, a member of the Mutahidoon Coalition.

Witnesses said that armed men shot at al-Dosari, his son and three of his guards as they left a mosque. The assassination coincided with power shortages in the area.

5. On 29th May, a guard manning Al-Ghazali Mosque was shot and killed by armed attackers in a sectarian motivated attack.

6.

Amnesty International documented the abduction of 170 men in June 2014. The men were taken from Samarra and neighbouring Sunni areas. Many of these men were later found dead, while the others are still missing. Amnesty International said it believed the killings came as revenge for the seizing and control of parts of the city by ISIL. 7. On 15th June, members from Baquba’s police headquarters in Diyala

29 province executed at least 50 detainees at al-Wahda Police Station. The city’s mayor informed Amnesty International that his 21-year old nephew Yassir al-Ali was among those who were executed.

July. Human rights organisations also condemned the mass killing of worshippers at Musab Bin Omair Mosque in the Imam Wais village in Diyala province on Friday 22nd August.

8. ISIL announced it had executed 1,700 soldiers in the city of Tikrit after taking over an army base in the area. Images of masked ISIL militants executing soldiers and dumping their bodies in the Tigris River were posted on Twitter.

13. According to Diyala police officials, more than 70 Iraqis, including some women and children, were killed when Shia militia forces backed by the police attacked a mosque. Eyewitnesses said a bomb had earlier exploded near a centre for Shia militiamen in the region prompting the militiamen to retaliate by attacking the mosque with automatic weapons, killing its guard and most of the worshippers.

Security forces surrounded the area and prevented ambulances and locals from approaching the scene.

9. ISIL also abducted and killed Mahmoud Mohammed Rida and his uncle Zinal Mohammed Rida at a checkpoint manned by ISIL fighters east of Mosul. Their mutilated bodies were found two days later.

10. Members of the local Babil Police executed 69 prisoners inside their cells on 27th June and later transferred their bodies to Baghdad.

11. According to Human Rights Watch (HRW) “Iraqi security forces and militias affiliated with the government appear to have unlawfully executed at least 255 prisoners in six Iraqi cities and villages since 9th June 2014. In all but one case, the executions took place while the fighters were fleeing Islamic State of Iraq and Sham (ISIS) and other armed groups.

The vast majority of security forces and militias are Shia, while the murdered prisoners were Sunni. At least eight of those killed were boys under age 18.”

12. Twenty-six Iraqi women were brutally executed in Baghdad on 12th

14. A medical source in al-Falluja Teaching Hospital revealed that the government military operations had led to the killing of 1,623 people, including 260 children and 131 women, in addition to injuring 3,237 others, including 410 children and 317 women.

15. Al Anbar Governorate, especially Falluja, has been the target of intensive military operations aimed at regaining control over the city which has fallen under the control of armed opposition groups. According to an Iraqi human rights organisation, at least 133 Iraqi prisoners died under torture during one week in November in Diyala, alAnbar and Baghdad. The organisation added that all those killed had been

30 brutally tortured with electricity, pipes and chains.

16. Pro-government Ahl al-Haq militias abducted and killed the football player Khalid Abid Shian in November 2014.

17. In early December, civilians from Jalola in Diyala, and other Bishmarka sources, revealed that al-Hash militias robbed and burnt down homes and shops belonging to locals.

18. The UN Assistance Mission for Iraq (UNAMI) announced during the same month that more than 3,666 Iraqis were killed in November 2014.

Baghdad had the worst record with more than 1,253 killed in the capital alone. The head of UNAMI added that more than 34,000 Iraqis were killed in 2014. •

Arbitrary bombings and the use of excessive force

Iraqi government forces and coalition forces carried out many airstrikes on various ‘terrorist’ targets.

The attacks often led to the death and injury of innocent civilians. An airstrike on the town of Tikrit in December 2014 killed 31 civilians, including 24 children, and injured 41 others despite government claims it was targeting ISIL strongholds, something that the victims denied in statements to HRW. On 12th December, government fighter jets bombed a school and a hospital in Howija, north of Baghdad,

killing and injuring at least 50 people.

Some of the dead were children who had taken refuge with their parents in the school.

31

3. Jordan GENERAL, POLITICAL AND LEGAL OVERVIEW Jordan is a constitutional monarchy; the King exercises far-reaching powers as the head of state and the supreme commander of the armed forces.

Economically, Jordan has been one of the most stable countries in the region since the beginning of the Arab Spring. Nevertheless, many Jordanians have voiced their discontent with the deteriorating standards of living exacerbated by the violence in Syria.

The huge influx of refugees, limited resources and the complacency of the international community in extending adequate aid to help meet commitments towards Palestinian, Iraqi and Syrian refugees, has presented an added humanitarian and economic burden to Jordan.

Jordan is currently home to more than 600,000 Syrian refugees who have fled Syria in hopes of finding safety.

The refugees have placed a huge strain on Jordan’s meagre resources. 130,000 refugees live in the Zaatari refugee camp in the north of Jordan whilst the remaining 470,000 live in towns and villages across the country, utilising Jordan’s limited health and educational services. The influx of refugees has also led to an increase in prices and,

according to some experts, led to an explosion in the number of beggars and prostitutes.

Since 2011, the influence of political opposition movements known collectively as Hirak, have resulted in several constitutional amendments related to judicial independence and anti-terrorism laws. The new amendments increased the powers of the State Security Court at the expense of civilian political rights and freedoms and gave the King additional powers over the judiciary and army.

The Jordanian Parliament overturned an earlier decision to allow members of the Judicial Council to be directly elected. Instead, it was agreed they would be appointed by a monarchical decree. The Parliament also approved an article that granted the Judicial Council the right to terminate any judge if inspectors deemed his performance to have been less than ‘good’ for two consecutive years, subject to the King’s approval. In addition to this, the Parliament also passed a legislation granting the King the power to appoint and terminate the president of the Court of Cassation. Administrative courts were ordered to establish a twotier administrative system involving the Administrative Court of First Instance and the Supreme Administrative Court.

However, this law was not issued until the second half of 201415.

15 http://www.legal-agenda.com/reportsarticle. php?id=242&folder=reports&lang=ar [The Legal Agenda: Jordanian judiciary during the Arab Uprising 2011-2013 (Arabic source)]

32 In early 2014, Jordan began carrying out legislative reforms in accordance with its obligations as dictated by the United Nations Human Rights Council Universal Periodic Review (UPR) on 23rd October 2013. Despite these reforms, arbitrary arrests have continued with many members of the Salafi, Muslim Brotherhood or other opposition movements being targeted.

The most recent amendments to the constitution granted the King more privileges and powers. On 24th August 2014, the Jordanian Parliament approved two amendments that would grant the King the legal prerogative to appoint the Chairman of Joint Chiefs of Staff (the Army Commander) and the Director of the General Intelligence Department. The Parliament also passed a law exempting the King from paying taxes. The King refused to ratify a law on 15th September granting MPs lifetime pensions, similar to those of ministers.

In the context of legislative reforms related to combatting corruption and the restructuring of government agencies, both the Upper and Lower Houses of Parliament voted on 18th March to dissolve the Insurance Commission and merge it with the Ministry of Industry and Trade. The two houses refused to dissolve the Ombudsman Bureau. Most observers view these reforms as lacking real substance.

Despite

this

series

of

failed

reforms, Jordan has maintained a policy of allowing non-governmental organisations to operate freely in Jordan. Human Rights Watch (HRW) announced its intention to open an office in Amman in 2014 after it was granted a license by the Board of Association 16 .

HUMAN RIGHTS VIOLATIONS The right to freedom, fair trial and treatment •

Arbitrary and administrative detention

The National Centre for Human Rights (NCHR) conducted 123 field visits to various detention centres around the Kingdom and concluded there were legal breaches in the length of administrative detention.

According to NCHR, detainees are frequently illegally held for indefinite periods at detention centres, pending investigations 17.

In May 2014, and after years of harassment by intelligence services, Amer Jamil Jabran was detained arbitrarily by Jordanian authorities on account of his political and human rights activism, and most notably for his relation to the Palestinian cause.

The Alkarama organisation appealed 16 http://www.hrw.org/news/2014/06/15/jordanhuman-rights-watch-open-amman-office 17 http://bit.ly/1wuuBJd [Al-Ghad: Council retreat its modification by electing four members to the Judicial Council (Arabic source)]

33 to the UN Working Group on Arbitrary Detention on 2nd July to request its help in pressuring the Jordanian Government to release Jabran and respect its international obligations by putting an end to the policy of arbitrary detention. However, Jabran remains detained 18.

Similarly, on 23rd August, security forces arrested the political activist Abdulhadi al-Hawamdah upon his arrival to Amman from the US. The arrest followed a decision made by the State Security Court sentencing him to three months for “opposing the regime”, despite attempts to appeal. Activist Wasfi al-Momani, a friend present at the time of the arrest, reported that it was carried out in a very conspicuous and humiliating manner19.

In the past, such arrests have resulted in extrajudicial killings due to the excessive use of force by security officials. The al-Ba’ij region in Mafraq witnessed a series of riots during which angry locals set the local post office and school on fire to protest the death of a young boy who was killed during a security raid in search of wanted criminals20.

18 http://ar.alkarama.org/jordan/press-releases/ item/4854-2014-08-03-16-04-57 [Alkarama organisation: Jordan – The Arbitrary Detention of human rights activist Amer Jamil Jabran (Arabic source)] 19 http://deeretnanews.com/ index.php?option=com_ content&task=view&id=2135096&Itemid=422 [Deeretna news: The arrest of political activist Abdulhadi al-Hawamdah in Queen Alia airport (Arabic source)] 20 http://bit.ly/1wbvMel [Al-Ghad: Riots in al-Ba’ij

•

Absence of fair trial

In August 2014, Jordanian authorities arrested a number of members of the Salafi Jihadi group who are in support of the Islamic State of Iraq and the Levant (ISIL). They remain detained without charge. Intelligence services in Zarqa arrested 22 prominent Salafis known for their support of ISIL, including Ayman Abu Al-Rub, Mu’tazz Khalaileh, Abu Omar Al-Gharaibeh and Sha’er Al-Zuuhairi, also known as the al-Qaeda poet21. On 2nd October, security forces arrested a prominent leader and two members of the Salafi Jihadi group following raids in al-Baqa’ refugee Camp in Balqa22. According to the detainees’ lawyer Moussa alAbdallat, those detained were Jameel Rayyan, Shadi al-Arayysa and Majdi Azzam. Al-Abdallat added that more than 95 Salafi Jihadi members have been arrested since the beginning of the international war on ISIL. Members of The Muslim Brotherhood have also been targeted

by Jordanian arrest campaigns. On 16th September, Jordanian authorities arrested a Brotherhood member Adil Awwad. Less than 24 hours later, a Brotherhood leader and Imam, Mohammed Saeed Bakr, was arrested.

According to his lawyer, Hikmat alfollowing a death during a raid (Arabic source)] 21 http://www.aawsat.net/2014/08/ article55335911/jordanian-authorities-arrestisis-nusra-front-suspects 22 http://bit.ly/1zMERcP [Al-Ghad: Al-Baqa – arrest of Jihadi Salafi leader and two members (Arabic source)]

34 Rawashdeh, Bakr was picked up by the police in Jabal al-Nasr and taken to the State Security Court for questioning before being transferred to al-Jwaidah Prison. Awwad was charged with inciting hatred and attempting to destabilise the regime during one of his Friday sermons. Sources close to the Muslim Brotherhood revealed Awwad had previously been charged with “insulting the army and the regime� during a Friday sermon in Jabal al-Nasr in eastern Amman. Mohammed Saeed Bakr was arrested over political speeches he delivered during an event organised by the Muslim Brotherhood in support of Gaza during the most recent Israeli war on the Gaza Strip23.

Jordanian authorities released antiISIL Salafi leader Abu Mohammed alMaqdesi after he served four years on allegations of supporting the Taliban.

Al-Maqdesi has spent a total of 14 years in prison during the last two decades on various terrorism-related charges.

He was held for five years in a Jordanian intelligence services prison without trial, despite having been cleared of all charges by the State Security Court24.

On 23rd September this year, AbuQatada, a Salafi preacher extradited from Britain, was cleared of all terror charges after the court declared there was insufficient evidence to convict 23 http://www.al-monitor.com/pulse/ politics/2014/09/jordan-reforms-brotherhood. html# 24 http://www.aljazeera.com/news/ middleeast/2014/06/jordan-releases-anti-isilsalafi-leader-2014617121457552506.html

him25. The release of Abu-Qatada and al-Maqdesi led to questions about whether their release was politically motivated in view of the current events in the region. •

Treatment

Islamist detainees face harsh conditions in Jordanian detention centres, often prevented from receiving any visitors. Recently, this prompted more than 40 detainees to embark on an open-ended hunger strike to protest such bad conditions.

Scores of Jihadi detainees are currently being held at Jordanian prisons on various charges, including joining the fight against Bashar al-Assad in Syria.

The right to racial equality Since January 2013, Jordan has refused entry to Palestinian refugees fleeing Syria. As a consequence they have faced several international criticisms as this stands as a clear violation of international commitments.

However, the discrimination continues.

More than 100 Palestinian-Syrian refugees that succeeded in entering Jordan in mid-2012 were deported, including women and children. HRW published a report about the incident and urged Jordan to reconsider its decision. HRW added that international donors and agencies must join efforts 25 http://www.theguardian.com/world/2014/ sep/24/abu-qatada-cleared-terror-chargesjordan-court

35 to ensure Palestinians displaced from Syria receive humanitarian aid and support similar to that received by Syrian nationals.

The right to freedoms of the press and expression •

Press

On 1st June 2014, Jordan’s new anti-terrorism law entered into effect following amendments to the original law number 55/2006. The new amendments broaden the definition of terrorism to include sowing discord, harming the environment, disturbing public order and any acts that threaten national and economic recourses.

The new law placed limitations on freedoms of the press and freedom of expression and grants courts the right to prosecute media on charges such as disseminating terrorist ideas. Jordanian officials had promised that State Security Court reform would put an end to all speech related prosecutions.

However, the new terrorism law amendments have prevented this from happening 26.

There have been increased restrictions on press freedoms in Jordan. On 5th August, the Audio-Visual Commission closed a satellite channel in Amman, referring the owner and 26 http://ar.alkarama.org/jordan/press-releases/ item/4845-2014-08-03-16-04-57 [Alkarama organisation: Jordan – New Prevention of Terrorism Act is incompatible with international human rights standards (Arabic source)]

one of its presenters to the public prosecutor on charges of violating the Press and Publications Law27. The closure followed the broadcast of a show featuring two members of a political opposition group28.

On 17th August, the Public Prosecutor Abdullah Abu al-Ghanam ordered the arrest of Abdel-Hadi Al Majali, a columnist at al-Rai newspaper, for allegedly publishing state secrets on his Facebook page. Al Majali was released a week later after being officially charged with “divulging state secrets” and “insulting an official body” in an article about security services posted online. Since the Press and Publications Law prohibit imprisoning journalists over cases involving freedom of expression, Al Majali was charged in accordance with the Jordanian Penal Code29. On 24th August, the Audio-Visual Commission blocked the online publication ‘7iber’ for the fourth time in accordance with the stipulations of the Press and Publications Law that requires all online publications to obtain a licence or face closure. 7iber responded by changing its electronic domain. More 27 http://www.johinanews.com/print. php?nid=35721 [Johaina News: The Audio-Visual Commission has decided to shut down the channel “Urdun al-mustaqbal” (Arabic source)] 28 http://www.hrw.org/news/2014/04/01/ jordan-investigate-police-violence-againstprotesters 29 http://arabic.cnn.com/middleeast/2014/08/25/ jordan-release-journalist-post-facebook [Arabic CNN: Jordan releases journalist on bail after suspending him for one week over Facebook post (Arabic source)]

36 than 250 online news sites have been closed since the amendments came into effect30.

The Centre for Defending Freedoms of Journalists published a report in which it documented four breaches against 10 journalists. The report was released on 4th July and revealed that the photojournalist Khalifa was threatened by a Greater Amman Municipality employee who also confiscated his phone while he was taking pictures of the employee ordering the removal of illegal stands set up by sidewalk sellers. Members of security forces attacked eight journalists on 9th July while they were covering a sit-in protest outside Kalouti Mosque, close to the Israeli embassy in the Al-Rabiah area of Amman. The same report added that journalist Raeda Hamra received death threats on social media following a comment she posted on her Facebook page31.

Al-Jazeera photographer Ali Abu-Hilala was attacked at the University of Jordan by students who tried to prevent him from covering the Students Union elections. A reporter for Roya Television was also harassed attempting to cover the same elections32.

30 http://www.7iber.com/2014/12/7iber-isunblocked-after-getting-licensed/ 31 http://bit.ly/1wbzDYU [Al-tayyar: Four violations of press freedom in Jordan (Arabic source)] 32 http://www.skeyesmedia.org/extensions/ pdf/SKeyes_Quarterly_report_-_Jan-FebMar_2014_-_EN.pdf

•

Assembly

The Jordanian police have persisted with their policy of employing excessive force against demonstrators and media personnel. On 19th September, authorities used excessive force to disperse a demonstration organised outside the Jordanian Parliament. The demonstrators were demanding the expulsion of the Israeli ambassador due to his compliance with the killing of the Palestinian-Jordanian Judge Raed Zeiter on the Jordan-Palestine border. This violent incident was met with strong condemnation from the Jordanian people and human rights organisations.

37

RECOMMENDATIONS The Working Group on the UPR established in accordance with the Human Rights Council resolution 5/1 of 18th June 2007 held its 17th session from 21st October to 1st November 2013. The review of Jordan was held at the 7th meeting on 24th October 2013. Jordan agreed to, but has yet to comply with, recommendations including: 1. Initiate a process of revision of the Penal Code and laws on publications, which includes civil society and international experts and is based on international standards.

2. Amend the Penal Code and relevant legislation to end impunity for torture and ensure victims the right to justice and compensation.

3. Continue its efforts on the alignment of national legislations and international standards and good practices of human rights, especially those on civil, political, economic, social and cultural rights.

4. Continue and strengthen efforts to prevent torture and ill treatment in detention facilities and ensure that all allegations of torture are promptly, thoroughly and independently investigated.

5. Continue its efforts to strengthen the role of its national mechanisms and institutions for the promotion and protection of human rights in the country, particularly those of women and children.

6. Provide the Jordanian National Centre for Human Rights and other relevant institutions with adequate human, technical and financial resources so that they can properly fulfil their mandate.

7. Continue and strengthen efforts to prevent torture and ill treatment in detention facilities and ensure that all allegations of torture are promptly, thoroughly and independently investigated.

8. Adopt further law amendments to abolish the State Security Court or, at a minimum, ensure that civilians are not tried for crimes not listed under the jurisdiction of the court and either release political activists in detention or try their cases in civilian courts.

9. Take appropriate legislative steps to ensure the full protection of the right to freedom of opinion and expression, in particular with regard to electronic publications and online journalism.

10. Conduct impartial investigations into all cases of attacks, harassment and intimidation of journalists and bring perpetrators to justice.

38

4. Lebanon GENERAL, POLITICAL AND LEGAL OVERVIEW As the Syrian conflict spilled further into Lebanese borders, the country began witnessing a series of violent events between January and September 2014. Beirut’s southern suburbs and Beqaa Valley witnessed sporadic explosions. However, the new security plan implemented by the local authorities created a general sense of relief amongst the Lebanese population, especially those residing in the north of the country including Tripoli. The huge influx of Syrian refugees aggravated the economic and security burdens of the state.

It is estimated that more than 1.5 million Syrian refugees will have arrived in Lebanon by the end of 2014, representing one third of the total population of the country.

President Michel Suleiman’s tenure ended abruptly this year and prior to any decision on who should assume presidency next; the country’s two major political movements, the 8th of March Alliance and 14th of March Alliance have yet to reach an agreement.

The current Parliament’s term is

due to end on 20th November 2014.

However, there is widespread concern that it will grant itself an extension similar to the events of May 2013, when it self-extended its term for a further 17 months. The extension was approved by 97 MPs after an eight-month deliberation and final rejection of a new elections law. Many legal experts described the extension as unconstitutional. The Lebanese Government established a nongovernmental organisation to receive donations and spend as they see fit, a stark violation of Lebanese law.

The political and security challenges of Lebanon have made it increasingly difficult for the country to meet its human rights commitments. This, however, should not be seen as a justification for the Government to renege on its obligations as set forth by periodic UN human rights reports.

Several human rights reports have not been filed by the Lebanese state for more than 19 years. This could be attributed to the lack of coordination between various agencies within the country. Lebanon is due to present its second national report to the UN Human Rights Council Universal Periodic Review (UPR) in October 2015 when the country will be subjected to questioning about its implementation of 41 recommendations made by 49 countries during the country’s first UPR in 2010.

39

HUMAN RIGHTS VIOLATIONS The right to freedom, fair trial and treatment •

Arbitrary arrests

This year the Lebanese Cabinet issued a number of decisions that leaned towards protecting the freedom of civilians. However, such rare moves failed to prevent great numbers of arbitrary arrests and human rights violations. The abduction of Lebanese soldiers in Arsal aggravated the precarious security situation in the area, which is home to many Syrian refugees. In September 2014, the Lebanese Army carried out several raids on refugee camps and arrested more than 500 people aged between 15 and 50. The actions of the Lebanese Army and the manner in which the raids were carried out were met with great criticism, especially since negotiations with the abductors were conditioned on the protection of innocent Syrian refugees.

•

Torture

On 27th August 2014, the trial of those arrested in the Abra clashes began before the Military Court. The clashes, which pitted supporters of Sheikh Ahmed al-Assir, the Imam of Bilal Bin Rabah Mosque, against the Lebanese Army, resulted in the death of 20 soldiers, civilians, and armed men. Five defendants spoke of

physical and mental harm during the initial investigations. The court was adjourned until 14th November to allow for the questioning to resume without referring to such claims of torture33.

The Lebanese Engineer Tareq alRaba’a, an employee of the mobile company Alfa, is still being tried before Military Court in Beirut on charges of treason and passing on information to Israel. The court has ignored al-Raba’a’s claims that he had been tortured and his doctor’s earlier reports about this matter. Al-Raba’a has been in detention since 201034.

Both the Alkarama Foundation and the Lebanese Centre for Human Rights have criticised the Government’s failure to launch an investigation into the claims of torture that were raised by the two organisations on a number of occasions. The two organisations also urged the Government to guarantee a fair trial and release Raba’a until they can convict him of the charges35.

Two Syrian nationals, Jum’a Ahmed Masini and Ala’adeen Moussa Ibrahim, have been under arrest since early 2009.

The two men have been subjected to various forms of torture to extract false 33 http://www.dailystar.com.lb/News/LebanonNews/2014/Aug-26/268542-military-courtpostpones-abra-suspects-trial.ashx 34 http://www.charlesayoub.com/more/703333/0 [Charles Ayoub: Military court neglected pathologists and experts report in the case of al-Raba’a (Arabic source)] 35 http://ar.alkarama.org/lebanon/press-releases/ item/4669-2014-08-03-16-04-57 [Alkarama organisation: Lebanon – Special Rapporteur of the UN is informed of latest developments of the case of Tareq al-Raba’a (Arabic source)]

40 confessions, which they finally agreed to sign in the absence of any legal aid or representation36.

•

Absence of fair trial

Exceptional courts remain a great concern to human rights organisations, especially in view of their expanding powers during the recent security developments in the country. Many detainees charged with terrorism were tried before exceptional or military courts. UN human rights experts have previously expressed their concern over such jurisdiction and urged that civilians be tried in ordinary courts.

Exceptional courts are notorious for human rights violations and abuses.

There is also a Supreme Judicial Council in Lebanon that acts as a two-tier exceptional court. Cases are referred to the Council at the discretion of the cabinet and upon the recommendation of the Minister of Justice, rather than through legal due process. Cases referred to the Council often reflect political expediency rather than public interest.

The trials continue in the Nahr elBared refugee camp case. In 2007, the camp witnessed heavy fighting between the Lebanese Army and the Fatah al-Islam militant group, which resulted in the destruction of the whole camp and the death of 300 36 http://bit.ly/164ViIA [Alkarama organisation: Lebanon – Ahmed Masini and Ala’adeen Ibrahim face the risk of torture and unfair trial (Arabic source)]

people. Thousands were displaced and hundreds were arrested. The authorities are still holding 87 people in custody for alleged links with Fatah al-Islam.

The defendants had to wait until 2013 to appear before the Supreme Judicial Council, six years after they were initially arrested. The Council issued prison sentences ranging between two to 15 years against 12 of the defendants on the basis of confessions extracted under torture. The remaining 61 defendants are still awaiting trial.

The Alkarama Foundation renewed its calls for international organisations to intervene with the Lebanese authorities to ensure the defendants a fair trial37.

On 6th August 2013, Tariq Mustapha Mar’i and Abdulkareem al-Mustapha were sentenced to 15 years in prison after a trial fraught with illegality and human rights violations, including the manner in which they were arrested and false confessions extracted under torture38, a report by the UN Anti-Torture Committee concluded in October 2014 that torture was rampant in Lebanon. The committee’s report warned that human rights violations and the conditions at detention centres were cause for great concern39.

37 http://bit.ly/1yzrTgn [Alkarama organisation: Lebanon – When will the arbitrary detention of suspects of the Nahr el-Bared events end?

(Arabic source)] 38 http://bit.ly/1GhFIo6 [Alkarama organisation: Lebanon – Tariq Mustapha Mar’i and Abdulkareem al-Mustapha sentenced to 15 years in prison based on confessions extracted under torture (Arabic source)] 39 http://www.hrw.org/news/2014/05/05/lebanonpalestinians-barred-sent-syria

41

Social and economic rights •

Employment

This year also witnessed a number of strikes by civil servants, including protests outside the Parliament building. Despite such efforts, the new Salary and Promotions Law was not enacted. Electrical labourers are also staging a protest outside their company’s headquarters. Their demand dates back two years, when Parliament passed a law allocating these workers permanent positions at their companies. However, the law was replaced with an employment agreement between the Parliament and several private companies. Such companies obliged, only to terminate all resulting employment contracts soon after40.

The right to racial equality •

Refugees

Racism against refugees and the deportation of immigrants is still rife in Lebanon. The increasing number of Syrian refugees has created many negative attitudes. Syrian children are often attacked and threatened.

Syrians are also under a curfew in several areas and cannot move around freely. On 3rd July 2014, a statement was issued by nine non-governmental organisations condemning a decision to deport the children born in Lebanon 40 http://www.al-akhbar.com/node/207145 [AlAkhbar: Ranks and salaries series (Arabic source)]

to Syrian refugees and, in some cases, the mothers as well41. Discrimination against refugees extends to education with the Minister of Education issuing a decree on 26th July ordering schools not to accept any non-Lebanese students42. On 22nd September, the President of the Lebanese University issued a memo raising tuition fees, which led to widespread criticism.43 In a similar context, the Lebanese authorities refused the entry of scores of Palestinian-Syrian refugees who had tried to cross the borders from Syria into Lebanon on 4th May. The refugees had to turn back despite the danger that was posed to their lives44.

The right to freedoms of the press and expression •

Press

New questions were raised about the extent of press freedoms when the Special Tribunal for Lebanon, tasked with prosecuting those responsible for the assassination of former Prime Minister Rafik Hariri, subpoenaed several journalists on 13th May 2014 and accused them of contempt and obstruction of justice. The charges were 41 http://globalvoicesonline.org/2014/09/10/ninelebanese-civil-society-organizations-condemnexpulsion-of-children-of-migrant-workers/ 42 http://bit.ly/1zstHfa [Legal agenda: The Lebanese State renews its intention of educating non-Lebanese students (Arabic source)] 43 http://www.legal-agenda.com/article. php?id=869&folder=articles&lang=ar [Legal agenda: Three reasons to consider an increase university fees illegal (Arabic source)] 44 http://www.hrw.org/news/2014/05/05/lebanonpalestinians-barred-sent-syria

42 levelled in accordance with Article 60 of the Tribunal’s Law and carry a prison sentence of up to seven years with a hefty €100,000 fine. The Tribunal also subpoenaed Lebanon TV and Beirut News on the same charges after the two news outlets published the names of witnesses. The charges were dropped in July 2014 after the Tribunal ruled that the matter of charging lay outside its area of competence45.

In a related incident, security forces filed a complaint against journalist Ghassan Rifi over an article he published on 29th August entitled ‘When the Police Burglarise People’s Livelihoods’. According to the article, security forces in Tripoli stole grapes from a Syrian refugee who was selling fruit. On 25th July, Rifi appeared before a judge to respond to the charges46.

Maharat, an organisation concerned with human rights, expressed its deep concern that journalists were being summoned over their criticisms of security apparatuses and government agencies. It expressed the view that such measures were bound to restrict press freedoms and people’s access to information. On 18th July, a member of the security team outside the cabinet building attacked an MTV cameraman while he was covering a protest organised by the families of those who forcefully disappeared during the civil 45 http://www.stl-tsl.org/en/media/press-releases/ the-contempt-judge-decides-on-jurisdiction-incase-stl-14-05 46 http://english.al-akhbar.com/node/22288

war47. It was the second incident of its type in less than two months, following the attack on a number of reporters and cameramen outside Dar al-Fatwa on 10th August.

On 24th February, The Press and Publications Court fined Mohammed Nazzal and al-Akbar newspaper 39 million Lebanese Liras for defamation and publishing false information. They claimed that the police and the armed forces were protecting drug smugglers in a news report published in May 2014.

Maharat condemned the verdict48.

On 15th March, the Electronic Crimes Bureau summoned the blogger and activist Imad Bazzi over a complaint filed by Banos Manjia, a former minister, who objected to a blog entitled ‘The Minister’s Moustache’. Bazzi refused to sign a pledge not to mention the minister in any of his blogs again49.

The right to life and security •

Domestic abuse

Cases of domestic abuse have risen significantly in Lebanon over the past few years. On 10th January 2014, pregnant Fatima al-Nashar was assaulted by her husband, brotherin-law and mother-in-law. Fatima was taken to hospital in a very critical 47 http://www.skeyesmedia.org/en/a/Reports/ Press-and-Cultural-Freedom-ViolationsLEBANON-SYRIA-JORDAN-PALESTINE-July-August-2014 48 http://02mysoup-aa.soup.io/tag/Press%20 Releases 49 http://en.rsf.org/lebanon-legal-harassment-andharsh-20-03-2014,46024.html

43 condition. On 4th February, Mohammed al-Nahili was having an argument with his wife Manal Assi when he hit her on the head with kitchen implements in front of her two young daughters.

These cases, alongside many others, have prompted civil society institutions concerned with women’s rights to put pressure on the Government to criminalise domestic violence. These efforts culminated in a draft legislation aimed at protecting women from domestic violence.

The increase in the cases of teachers inflicting physical punishment on students has also led to a public outcry, forcing the Parliament to amend law 186 of the penal code that formerly allowed parents and teachers to discipline children in such a manner.

The qualification ‘parents and teachers’ were replaced with ‘guardians’.

•

Enforced disappearances

The families of some 17,000 missing persons succeeded in their demand to know what had befallen their relatives during the civil war. The Shura Council issued a decision on 4th March acknowledging the families’ right to know what happened to their relatives and ordered the Government to hand over all files related to the missing persons. Many families received the files on 20th July 2014.

Lebanon had signed The International Convention for the Protection of All Persons from Enforced Disappearance in 2007, but is yet to ratify it.

•

Armed violence

The past 18 months has witnessed a series of explosions and acts of violence spanning the entire country and leading some observers to express their concern over the country’s potential sectarianism, especially after certain political camps became heavily involved in the Syrian conflict. The first of these explosions occurred on 9th July 2013 and was followed by another 18 explosions that killed 132 civilians and injured a further 1,378. Heavy economic losses were also incurred by the state as a result. Experts estimated that explosions cost Lebanon more than 28 billion Lebanese Lira.

The Islamic State of Iraq and the Levant (ISIL) and the al-Nusra Front abducted more than 35 Lebanese soldiers and security officers during clashes that broke out in the Syrian border town of Arsal on 2nd August.

Only 13 of the soldiers have been released so far. On 7th July, ISIL killed the Lebanese soldier Abbas Midleg and on 28th August they killed the Lebanese sergeant Ali al-Sayyed, while Al-Nusra Front executed the Lebanese soldier Mohammed Hamia on 20th July. Human Rights Watch described Hamia’s murder as a crime of war and demanded that ISIL and the Al-Nusra Front immediately release all hostages and treat all abducted soldiers in accordance with international laws.

44

RECOMMENDATIONS As mentioned earlier, Lebanon is due to appear before the UN UPR in November 2015 to discuss its compliance with the recommendations of the first UPR report. These recommendations are as follows: 1. Ratify the optional protocols to the International Covenant on Economic, Social and Cultural Rights (ICESCR), and the UN International Covenant on Civil and Political Rights (ICCPR), and the optional protocols to the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the one concerning children in armed conflict.

2. Take all necessary measures to stop acts of torture and cruel, inhumane or degrading treatment.

3. Consider becoming a party to the human rights instruments it has not yet ratified.

4. Ratify the UN Educational, Scientific and Cultural Organisation (UNESCO) Convention on the Protection and Promotion of Diversity of the Cultural Expressions.

5. Amend the relevant legislation to bring the definition of torture in line with the Convention against Torture.

6. Consider the ratification of the International Convention for the Protection of all Persons from Enforced Disappearance.

7. Guarantee freedom of movement

for the Palestinian refugees and commit to the improvement of their employment.

8. Reinforce its efforts to regulate labour relations in a framework that safeguards dignity and rights and is consistent with international standards, in particular with regard to ancillary or domestic workers.

9. Amend the personal status laws in line with CEDAW, to ensure that women are treated in the same way as men in issues related to child custody, inheritance and divorce.

10. Present periodic reports to the UN in accordance with the agreements Lebanon ratified, such as: a) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment: Lebanon signed in 2000 but has failed to present any reports related to the convention. b) ICCPR: Lebanon has not presented any reports since 2001. c) International Convention on the Elimination of All Forms of Racial Discrimination: Lebanon has not presented any reports since 2006. d) ICESCR: Lebanon has not presented any reports since 1995. e) Convention on the Rights of the Child: Lebanon has not presented any reports since 2010.

45

5. Saudi Arabia GENERAL, POLITICAL AND LEGAL OVERVIEW The Kingdom of Saudi Arabia does not have a constitution as is understood, but a basic system of government which does not comply with international laws for basic freedoms, although Saudi is a party of these treaties. The King of Saudi Arabia appoints judges without any transparent and clear criteria, contrary to claims that the country enjoys an independent judiciary.

The Saudi government is actively increasing political surveillance and closing down on freedoms through pressurising the GCC to accept the unified security agreement which includes some concerning legislations, and empowers members of the GCC to restrict freedoms and privacies.

An increasing number of cases involving civilian freedoms of expression have recently been met by brutal crackdowns. Some human rights activists have been sentenced to 15 years imprisonment while many others are banned from travelling. The Kingdom has persisted in its violations of public freedoms and rights especially those concerning women and children.

Many cases of abuse were documented in 2014, despite claims to the contrary during the Universal Periodic Review (UPR) of 2013.

Official guardianship, discrimination against minorities and the ban on any form of political parties and human rights organisations remain the norm in the Kingdom. Several religious figures have expressed views opposed to those of the Government and were arrested and/or deported. The Government has also levelled religious accusations such as apostasy against those who questioned the practices and actions of the Saudi Arabian authorities.

During 2014, the Saudi Government issued a number of new decisions that have further entrenched the repressive and arbitrary violation of human rights. A new anti-terrorism law came into effect backed by a royal decree to combat terrorism. Both of which contain loosely defined definitions of what constitutes terrorism, allowing the authorities to apply it to any form of opposition. Saudi Arabia has also pressed the Gulf Cooperation Council to agree to a joint security agreement enabling the Gulf States to crack down on individual and public freedoms.

46

HUMAN RIGHTS VIOLATIONS The right to freedom, fair trial and treatment •

Arbitrary detention and absence of fair trail

On 7th March 2014, Saudi authorities arrested Fadi Musallam, a Jordanian university lecturer at King Saud University in Riyadh, following an altercation between him and a guard during the performance of Umrah (an Islamic pilgrimage) in Makkah. His family contacted the Jordanian and Saudi embassies to obtain information about his whereabouts. The Jordanian ambassador assured them that he was following up the matter with the necessary authorities. Musallam was not charged with any offenses and remained in detention until his release in November 2014. The number of Jordanians held in Saudi prisons is currently estimated to be around 15050.

Hala Jaber published an article in the Sunday Times about two of King Abdullah’s daughters being held captive in a villa for 13 years. The Saudi Embassy refused to comment on the matter51. Human Rights Watch (HRW) said, “King Abdullah has poured millions of dollars into reforming the justice system, but if a detainee can be held for months on end with no charges, 50 http://elmarsad.org/ar/?p=5963 [Elmarsad: Sit-in protest to release a Jordanian detained while performing Umra in Saudi Arabia (Arabic Source)] 51 http://www.thesundaytimes.co.uk/sto/ newsreview/features/article1384494.ece ;

it’s clear that the system remains broken and unjust. The authorities should either charge or release these detainees and call a halt to arbitrary detentions.”52 A Saudi ministry of interior website admitted the authorities were holding 293 people without charges. Some had been in detention for six months and as many as 16 for two years. Saudi law prohibits detainment without charge for longer than five days but this can be extended to six months if deemed necessary. After six months, the individual must either be referred to a competent court or released.

Prominent social activist and teacher Jalal was detained in May 2014. According to the Arabic Network for Human Rights Information: “Jalal’s detention occurred shortly after the Criminal Court delivered a verdict to jail him for two years on charges of endeavouring to corrupt the society, disrupting the public security and peace, producing and storing information that could harm the public order and creating a website on which he called for demonstrating and breaching obedience to the ruler. Noteworthy, Jalal al-Jamal received a telephone call from the General Detective Bureau asking him to go to the police station to check some things. When he responded to the call and arrived at the station, they took him directly to Dammam prison. Al-Jamal challenged the verdict issued against him. Accordingly, his detention was 52 http://www.hrw.org/news/2014/09/23/saudiarabia-end-arbitrary-detention

47 deemed illegal in accordance with the Criminal Procedure Law, which stipulates that it is inadmissible to arrest or detain whoever is sentenced to a first degree verdict unless it is a final verdict that is not susceptible to appeal or cessation.”

•

Torture and inhumane treatment

Article 38 of the Saudi Basic Law of Governance stipulates, “no one shall be punished for another’s crimes. No conviction or penalty shall be inflicted without reference to the Sharia or the provisions of the Law. Punishment shall not be imposed ex post facto.”

Article 102 of the Law of Criminal Procedures stipulates, “The interrogation shall be conducted in a manner that does not affect the will of the accused in making his statements.

The accused shall not be asked to take an oath nor shall he be subjected to any coercive measures. He shall not be interrogated outside the location of the investigation bureau except in an emergency to be determined by the Investigator.”

Despite these laws prohibiting torture and coercion, The Gulf Centre for Human Rights documented many cases of abuse and torture in the country. The Centre also revealed it had evidence that human rights activists were being held with those detained on terrorism charges.

According to the Centre, most Saudi prisons are overcrowded and detainees

are often tortured, deprived of sleep, not given adequate food supplies and prevented from receiving medical care. For example, Breiman Prison is home to 500 prisoners, including many human rights activists. There are 12 toilets in the prison but only six are fully functioning.

•

Anti-terrorism laws

In February 2014, Saudi Arabia passed a new anti-terrorism law.

Legal observers criticised the law as being too vague with loosely defined terms that could be interpreted in any manner that suits the state. The new regulations include sweeping provisions that authorities can use to criminalise virtually any expression or association critical of the Government and its understanding of Islam. These “terrorism” provisions include the following 53: 1. Article 1: Calling for atheist thought in any form, or calling into question the fundamentals of the Islamic religion on which this country is based.

2. Article 2: Anyone who throws away their loyalty to the country’s rulers, or who swears allegiance to any party, organisation, ideological movement, group, or individual inside or outside [the Kingdom].

3. Article 4: Anyone who aids 53 http://www.thecairopost.com/news/86465/ news/hrw-saudi-terrorism-law-aims-to-silencefreedom-of-expression

48 [‘terrorist’] organisations, groups, ideological movements, associations, or parties, or demonstrates affiliation with them, or sympathy with them, or promotes them, or holds meetings under their umbrella, either inside or outside the Kingdom; this includes participation in audio, written, or visual media; social media in its audio, written, or visual forms; internet websites; or circulating their contents in any form, or using slogans of these groups and ideological movement, or any symbols which point to support or sympathy with them.

4. Article 6: Contact or correspondence with any groups, ideological movement, or individuals hostile to the Kingdom.

5. Article 8: Seeking to shake the social fabric or national cohesion, or calling, participating, promoting, or inciting sit-ins, protests, meetings, or group statements in any form, or anyone who harms the unity or stability of the Kingdom by any means.

6. Article 9: Attending conferences, seminars, or meetings inside or outside [the Kingdom] targeting the security of society, or sowing discord in society.

7. Article 11: Inciting or making countries, committees, or international organisations antagonistic to the Kingdom.

According to Amnesty International this new law allows for suspects to be held incommunicado in detention for

up to 120 days, or for longer, potentially indefinite periods, if authorised by a specialised court. Incommunicado detention facilitates torture and other ill treatment. Prolonged periods of such detention can itself constitute a form of torture. Detained incommunicado detainees are also, by definition, denied access to a lawyer during their investigation. The law allows for arbitrary detention, denying detainees the right to be promptly brought before a judge and to be released or tried within a reasonable time. It gives the specialised court the power to detain without charge or trial for up to a year and to extend such detention indefinitely. Detainees are not given a means to challenge the lawfulness of their detention in front of a court. It also fails to include a clear prohibition of torture and other ill treatment. The law gives wide-ranging powers to the Minister of the Interior “to take the necessary actions to protect internal security from any terrorist threat.” It does not allow for judicial authorisation or oversight of these actions54.

According to HRW, the law has serious flaws, including vague and overly broad provisions that allow authorities to criminalise free expression and the creation of excessive police powers without judicial oversight55. The law cites 54 http://www.thecairopost.com/news/86465/ news/hrw-saudi-terrorism-law-aims-to-silencefreedom-of-expression 55 http://www.hrw.org/news/2014/02/06/saudiarabia-terrorism-law-tramples-rights

49 violence as an essential element only in reference to attacks carried out against Saudis outside the Kingdom or on-board Saudi transportation carriers.

Inside the Kingdom, terrorism can be non-violent, consisting of any act intended to, among other things, insult the reputation of the state, harm public order or shake the security of society.

All of which, the law fails to clearly define.

On 15th April 2014, human rights activist Waleed Abu al-Khair was arrested on the basis of charges listed in the new anti-terrorism law. A court later sentenced him to 15 years imprisonment and banned him from travelling for another 15 years after being found guilty on a number of charges. These included seeking to remove legitimate authority; harming public order in the state and its officials; inflaming public opinion; disparaging and insulting judicial authority; publicly slandering the judiciary; distorting the Kingdom’s reputation; making international organisations hostile to the Kingdom; issuing unverified statements that harm the Kingdom’s reputation; inciting against, and alienating the Kingdom; founding an unlicensed organisation and violating Saudi Arabia’s anti-cybercrime law56.

The former UN High Commissioner for Human Rights, Navi Pillay, criticised Saudi Arabia for harassing human rights activists under a failed judicial 56 http://www.bbc.co.uk/news/world-middleeast-28200195

system. Pillay referred to the case of Abu al-Khair and called on Saudi authorities to immediately release all those people serving long jail terms for peacefully advocating human rights in the Kingdom. Pillay said: “Abu al-Khair’s case is a clear illustration of the continuing trend of harassment of Saudi human rights defenders, several of whom have been convicted for peacefully promoting human rights.”

She expressed her concern over the harsh prison sentences passed in these cases remarking “the legal proceedings of the Abu al-Khair case do not conform with international human rights law, including the Convention against Torture.”57 On 29th September 2014, a website called Al-Hijaz Free Men published a photo of a Saudi citizen from al-Qateef called Bassem al-Qadihi. According to the website, al-Qadihi was targeted by Saudi authorities after taking part in a march which was brutally crushed.

According to the Saudi police, alQadihi was a known terrorist58.

In February 2014, King Abdullah issued a royal decree on counterterrorism. The decree punishes Saudi citizens with up to 20 years in prison for fighting abroad. Those who belong to, or sympathise with, radical 57 http://www.ohchr.org/EN/NewsEvents/Pages/ DisplayNews.aspx?NewsID=14846&LangID=E 58 http://bit.ly/1sboEiM http://yanair.net/ archives/77934 [Ahrurulhijaz: The readily justifiable violation of human rights in Saudi Arabia... the deceased was wanted by the authorities (Arabic Source)]

50 religious and political movements will also be punished. This came after the new Saudi anti-terror law was nd put into practice on 2 February59.

The language of the law was vague with loosely defined terms that could be interpreted in a number of ways.

Observers remarked that Saudi Arabia used the notion of anti-terrorism as an excuse to crush what little freedom of expression and liberties the kingdom used to enjoy. The law was also considered a breach of Saudi Arabia’s international commitments and the conventions and agreements Saudi Arabia was signatory to. For example, the country ratified the Arab Charter for Human Rights, which stipulates in Article (21): “No one shall be subjected to arbitrary or unlawful interference with regard to his privacy, family, home or correspondence, nor to unlawful attacks on his honour or his reputation.”

The new anti-terrorism law has afforded the Ministry of Interior more powers than before, effectively turning it into a state within a state. Many activists and bloggers were forced to close or freeze their accounts for fear of persecution. Media sources observed that the law was drafted to support the military coup in Egypt, which overthrew Egypt’s first democraticallyelected president. Many Saudi media 59 http://classic.aawsat.com/details. sp?section=1&issueno=12852&article=760106#.

VFJWzfmUeSo [Alsharq Alawsat: Saudi royal decree on counter-terrorism internally and criminalisation of fighting externally (Arabic Source)]

outlets described the military coup as a historic occasion.

Saudi activists remarked that the new law would allow the Government to further crack down on freedoms of expression and other basic rights60.

The Ministry of Interior used the law to outlaw a number of civil societies and associated human rights organisations with terrorism. The Ministry of Justice, for its part, issued a decision making the Specialised Court the competent legal body for reviewing crimes that threaten national security.

Social and economic rights •

Women’s rights

Saudi women are subjected to a number of repressive laws and customs that have deprived them of some of their most basic rights. Women are not allowed to travel without a guardian’s approval, men enjoy full guardianship over women and as such women need their husbands’ or fathers’ approval for virtually every aspect of their life including work, travelling and medical treatment. In March 2014, a number of female human rights activists presented a petition to the Shura Council demanding that some aspects of male guardianship be revoked and a new personal status law drafted to grant women more rights61.

60 http://hrbrief.org/2014/07/saudi-counterterrorism-laws-threaten-human-rights/ 61 http://f24.my/1z4RD73 [France24: Saudi women activists demand the Shura Council to restrict the

51 Despite recent steps by the Government to integrate women into the labour force, there have been no attempts to protect women from exploitation and harassment. Nor have there been any changes to the law to protect women from domestic violence and exploitation by men.

The right to racial equality •

Immigrant foreign workers

In accordance with International law, Saudi is prohibited from deporting any individual back to their country of origin if there is a possibility that they might be tortured or abused upon return. Despite those obligations, Saudi has deported tens of thousands of such workers and immigrants, most of them from Yemen and Somalia. In January 2014, Saudi Arabia announced it had deported more than 250,000 people since November 2013. HRW levelled harsh criticisms against Saudi labour laws, which encourage the exploitation of foreign workers and forces them to work illegally62. Saudi had earlier passed a law limiting the number of foreign workers in the country. According to current estimates, only 14% of private sector labour forces are Saudi. These statistics do not include domestic workers63. absolute jurisdiction of men over women (Arabic Source)] 62 http://www.hrw.org/reports/2008/07/07/if-iam-not-human 63 http://gulfmigration.eu/media/pubs/exno/ GLMM_EN_2014_01.pdf

The right to freedoms of the press and expression •

Institutions

Saudi Arabia does not generally allow for the establishment of human rights organisations and societies, let alone permit them to operate freely.

Nor does the country have a law regulating the work of NGOs despite announcing that a draft law had been finalised in 2008.

The Saudi Civil and Political Rights Association was established in 2009 with the aim of promoting human rights awareness and offering legal aid to the families of political detainees. The 11 founders are: Professor Abdul Kareem Yousef al-Khathar; Dr Abdulrahman Hamid al-Hamid; Professor Abdullah al-Hamid, a former professor of comparative literature and founding member of the Committee for the Defence of Legitimate Rights; Fahad Abdulaziz Ali al-Orani; Fowzan Mohsen al-Harbi; Easa Hamid al-Hamid; Mhana Mohammed al-Faleh; Dr Mohammad Fahad al-Qahtani; Mohammad Hamad al-Mohaisen; Mohammed Saleh al-Bejadi; and Saud Ahmed alDoughaither. Many of its members have been arrested and charged with ambiguous offenses such as tarnishing the Kingdom’s reputation, sedition and establishing an unlicensed society64.

Dr al-Hamid was held in Barida after being summoned for questioning.

64 http://www.hrw.org/news/2014/01/21/saudiarabia-free-jailed-reformists

52 He was told at the time a warrant had been issued for his arrest but he was not shown a copy. On 3rd March 2014, al-Hamid and al-Qahtani went on an open-ended strike to protest the abuse in prison and lack of basic necessities.

They complained that most detainees were suffering from chronic illnesses that required medical attention and certain medications but that none were provided. The authorities responded by placing them in solitary confinement65.

•

Expression and assembly

Over the past few years, the Saudi Government has adopted a policy of cracking down on all activists who have demanded more freedoms for Saudi nationals. The Saudi Government uses religion as a pretext to pass on harsh sentences against political opponents.

A Saudi court sentenced the founder of the Free Saudi Liberals Network, Raif Badwai, to 10 years in prison, 1000 lashes and ordered him to pay a fine of almost quarter of a million dollars after convicting him of violating Islamic values and slandering religious figures. Human rights organisations condemned this verdict as a violation of people’s right to express their opinions freely. Amnesty International described the verdict as shocking66.

In a similar case, human rights 65 http://ar.alkarama.org/saudia/item/47982014-08-03-16-04-57 [Alkarama: Saudi Arabia : Abdullah al-Hamid and Mohammed al-Qahtani go on a hunger strike (Arabic Source)] 66 https://www.amnesty.org/articles/ blogs/2014/06/pursuing-the-mirage-of-freedom/

activist Walid Abul Khair was sentenced to 15 years in prison and banned from travelling for another 15 years. The charges against him related to incitement and participation in protests, writing articles against state security and publishing them online, signing an anti-government petition, contacting foreign media outlets without authorisation to take reporters to protests and giving them harmful information about the Kingdom67.

On 1st November 2014, Saudi authorities arrested Suad Shammari over tweets criticising government crackdown on freedoms. In one tweet, she mocked a government decision to detain two elderly ladies for allegedly “being alone with their driver”68.

On 27th October 2014, the Specialised Criminal Court in Riyadh sentenced three lawyers and human rights defenders, Abdulrahman alSubaihi, Bander al-Nogaithan and Abdulrahman al-Rumaih, to five to eight years imprisonment, travel bans and a ban from appearing in the media as well as using social media. The three lawyers were sentenced on charges including insulting the judiciary and prejudicing public order via Twitter69.

67 http://arabdemocrat.com/ar/?p=2089 [The Arab Democrat: Violations against human rights advocates in the Kingdom (Arabic Source)] 68 http://www.dp-news.com/dpgulf/detail. aspx?id=4285 [DP News: Saudi authorities arrested activist Suad al-Shammari after exposing elderly women being jailed on charges of “being alone with the driver.” (Arabic Source)] 69 http://www.frontlinedefenders.org/node/27572

53 On 4th November, the Arab Human Rights Organisation in the UK issued a statement about the scholar and preacher Mohammed al-Arifi over a tweet criticising the new Hajj train70.

70 http://www.middleeasteye.net/news/arrestpopular-religious-preacher-saudi-arabiaprompts-wave-anger-twitter-2094231527

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6. Sudan GENERAL, POLITICAL AND LEGAL OVERVIEW Sudan is home to many different cultures and traditions. However, due to a significant lack of diversity management and democracy, many areas, such as Darfur, South Kordofan and the Blue Nile, are home to many militant groups. To add to this deterioration in civilian security, the Government have enforced media censorship and commonly use lethal and excessive force to crush peaceful demonstrations leading to a stark increase in human rights violations.

In the face of mounting international and regional pressure, the Sudanese Government have been seeking a solution to the challenges that plague the country. The Sudanese President launched a national dialogue in January 201471. However, this endeavour was not accompanied by any serious steps to build trust between rival groups and political forces.

observers have opined that human rights violations in Sudan, in addition to being a breach of the country’s interim constitution, are a reflection of the regime’s fear and apprehension about the 2015 elections. Such elections are expected to be preceded by a reconciliation agreement with armed factions that could pave the way for more freedoms. A report by UN human rights expert Mashood Baderin revealed that the human rights situation in Sudan remained grave and that the Government was yet to release a report about the scores of peaceful demonstrators who were killed in September 2013. The report added that the Government had pressed on with the curtailment of the activities of civil society organisations, press censorship and arbitrary arrests and detentions 72.

The Government of Sudan is concerned that it will be placed under direct international observation to monitor its human rights situation in accordance with Security Council resolution 2187 (2014) paragraph 4:

The Government has persisted in its policy of arresting political opponents and security forces have become increasingly more brutal. Some

“Strongly condemning reported and ongoing human rights violations and abuses and violations of international humanitarian law, including those involving extrajudicial killings, ethnically targeted violence, rape and other forms of sexual and gender-based violence, recruitment and use of children, enforced

71 http://mobile.nation.co.ke/news/-Bashir-callsfor-national-dialogue--/-/1950946/2163892/-/ format/xhtml/-/y1xupp/-/index.html

72 http://reliefweb.int/report/sudan/reportindependent-expert-situation-human-rightssudan-mashood-baderin-ahrc2431

55 disappearances, arbitrary arrests and detention, violence aimed at spreading terror among the civilian population, and attacks on schools, places of worship, hospitals, and United Nations and associated peacekeeping personnel, by all parties, including armed groups and national security forces, as well as the incitement to commit such abuses and violations, further condemning harassment and targeting of civil society, humanitarian personnel and journalists, and emphasising that those responsible for violations of international humanitarian law and violations and abuses of human rights must be held accountable and that the Government of South Sudan bears the primary responsibility to protect civilians within its territory and subject to its jurisdiction, including from potential crimes against humanity and war crimes.�

HUMAN RIGHTS VIOLATIONS The right to freedom, fair trial and treatment •

Arbitrary arrests

Sudanese intelligence and security forces are still holding a number of political detainees who were arrested in 2013. The detainees include the former Secretary-General of the interim authority in Darfur, Adam Ismail alNoor; a member of the Executive Office of the Civilian Authority of Darfur, Abuqasem Ahmed Mohammed

Hammad; lawyer Adil Hasan al-Malik; student Omda Suleiman Mustapha: and member of the Executive Office of the Civilian Authority of Darfur, Mohammed Adam Mahmoud. The public prosecutor charged the men before they were transferred to Kobar Public Prison on 8th April 2013. They were denied visitors for more than 40 days, including visits from family.

According to a news report published in al-Maidan newspaper, the Darfur public prosecutor, Molana Rashed Ahmed Mohammed, had formed a special tribunal to review the charges against the detainees but no news has been released about the tribunal’s progress. Among those who were arrested is the blogger Tajeldin Ahmed Arja. Arja was finally released in May 2014 73.

The Sudanese authorities also detained a number of student activists including Abbas Abdullah Bashir, Mohamed Adam Sal, Salahadeen Abdullah Haroon and Bashir Khamis Adam. Detainees arrested earlier this year revealed they had met the students at Kobar Public Prison in Khartoum and that they were being subjected to inhumane conditions.

Human rights reports identified the presence of systematic torture by security forces at the political security office. A number of detainees were released in 2014 but many others 73 https://www.dabangasudan.org/en/all-news/ article/darfuri-activist-tajeldin-ahmed-arjareleased

56 remain in detention, despite calls by President Bashir to launch a national dialogue and increase the margin of freedoms.

Cases include the following: 1. Mohammed Yusuf Abkar, 43-years old, is married with four children and lives in Umm Dween in the town of alJanina. Abkar worked as the President of the Chamber of Commerce in West Darfur. He was arrested along with two other members of the Chamber of Commerce on 25th January following a strike by merchants in al-Janina market.

The strike had come in response to a government decision to raise the tariffs on trucks. Four other businessmen were arrested the following day.

2. Siddiq Noreen Ali Abdulrahman, 42-years old, is an Assistant Professor at the West Kordofan University and is married with four children. Security forces arrested him at the Insurance Hospital in the city of al-Nohood on 16th January while he was accompanying his sick son. Abdulrahman was transferred to a prison in al-Folla and al-Abiad city prison in Kordofan. He was finally released on 16th September without charge.

3. Abdulaziz Altoom Ibrahim, 29-years old, is a lawyer and human rights activist from Darfoor. Ibrahim was arrested along with student activist Mohammed Idris Jiddo on 12th March at the funeral of fellow student Ali Abkar Moussa.

4. Ghazi al-Reeh al-Sheik alSanhoori, 34-years old, is from al-Jareef in Khartoum. He was arrested at his home on 12th March.

5. Ashraf Mohammed Othman alHussein, 37-years old, is married with two children. Al-Hussein was arrested on 12th March outside the home of Ghazi al-Rieeh in al-Juraif.

6. Abdulmun’im Adam Mohammed, 30-years old, is a lawyer and human rights activist. He was arrested at his office on 13th March. Mohammed was released a month later without charges after being abused by security forces at the infamous al-Shindi office.

7. Al-Radi Ali Ibrahim, 30-years old, is a lawyer. Ibrahim was arrested on 17th March along with two students, Ibrahim Saleh Ibrahim Adam, 33, and Ahmed Ali al-Sanosi, 27.

8. Mohammed Salah Mohammed Abdulrahman, 34-years old, is a human rights activist. Abdulrahman was arrested at Khartoum International Airport on 20th March and released a month later.

9. Sudanese security forces in Khartoum also arrested a number of students from Khartoum University during a demonstration to protest the killing of the student Ali Abkar Idris.

Among those arrested were Mo’amar Mousa Mohammed, a 26-year old Philosophy student at Khartoum University and Taj al-Sirr Ja’afar Taj alSirr, a 27-year old student of chemistry

57 at Khartoum University. Mohammed and al-Sirr were arrested near campus and released 12th July.

He was taken to his office to seize some files and personal belongings. His car was also seized.

10. Security forces in Khartoum have embarked on a wide campaign of arrests targeting activists in the Sudanese Arab Socialist Baath Party.

The campaign coincided with the party’s mobilisation activities in April 2014. In May, security forces and intelligence services arrested Ibrahim Isamil Ibrahim Mohammed, Mohammed Ahmed Taher and Abdullah Hasan al-Kab. The three men were arrested after distributing Baath party pamphlets. On the morning of the 17th of May, security forces raided the home of the Baath party member Mubarak Mohammed Koko and took him to an unknown location. Our report has documented more than 17 cases of arbitrary arrests of Baath party members. They were all later released.

13. Security forces have also targeted those working in legal and human rights organisations. On 27th May, security forces and intelligence services arrested the Shura Officer at the Popular Congress Party, 33-year old Adam Mohammed al-Amin. Al-Amin also works as a teacher at Kadokkli Secondary School and is pursuing his postgraduate studies at the University of Dilnig. He was transferred to Khartoum in early June.

11. Mohammed Omar Ibrahim Mohammed, 53-years old, is married with two children and works at the Ministry of Finance. Mohammed was arrested at home in the city of Damazeen on Saturday 26th April and taken to the offices of the intelligence services in the province.

12. Qadim Azraq is a lawyer in his forties and is married with four children. Azraq is also a member of the Jabal al-Nuba Bar Association.

Azraq was arrested by security and intelligence services on 23rd June 2014 as he left court on his way to his office.

14. On 22nd June, security forces arrested 10 people from the village of Salmeen in the province of Ghadaref, East Sudan. Security forces raided their home and took them to an unknown location. On 25th July, the police arrested Ibrahim Ahmed Salem, a 47 year-old employee at the Department of Forestry in al-Nohood and the Secretary-General of the National Congress Party branch in Foja. Salem was taken to al-Nohood prison on 26th July and has not yet been charged with any offenses.

15. On 17th May, security forces arrested al-Sidiqq al-Mehdi, leader of the al-Umma Party, after he made a statement accusing pro-government militants of committing massacres in Darfur 74.

16. In June, security forces and 74 http://english.cntv.cn/2014/05/20/ VIDE1400540402515724.shtml

58 intelligence services in Kordofan arrested Marwan Isahaq Arjah, Abdulrahim Othman, Mohammed Abdeen, and Fathi Mohammed.

On 14th August, the police arrested Kammoon Mohammed Adam for delivering a speech at the National Congress conference. He was released the following day.

17. On 8th June, the president of the Sudanese National Congress Party, Ibrahim al-Sheikh Abdulrahman, was arrested in En Nahud, West Kordofan and was released on 15th September75.

The deputy leader of al-Umma Party, Maryam al-Sadiq al-Mehdi, was arrested on 22nd August at Khartoum airport on her way back from Paris after she attended a meeting between the al-Umma Party and the Revolutionary Front. She remained under arrest until 9th September76.

Social and economic rights •

Travel and assembly

On 4th September 2014, security forces and intelligence services prevented Siddiq Yusuf, a prominent leader in the Sudanese Communist Party, from travelling to Addis Ababa to meet leaders from the Revolutionary 75 http://www.alrakoba.net/news-actionshow-id-152071.htm [Alrakoba: Sudanese Congress Party issued a statement about the circumstances of the arrest of party leader Ibrahim Sheikh Abdulrahman (Arabic Source)] 76 http://news.yahoo.com/senior-sudanopposition-figure-freed-100515585.html

Front77. The families of those killed in the September 2013 protests were also ordered not to hold any memorials for their dead relatives78.

•

Religious freedoms

Article (38) of Sudan’s Interim Constitution stipulates that “every person shall have the right to the freedom of religious creed and worship, and to declare his/her religion or creed and manifest the same, by way of worship, education, practice or performance of rites or ceremonies, subject to requirements of law and public order; no person shall be coerced to adopt such faith, that he/she does not believe in, nor to practice rites or services to which he/ she does not voluntarily consent.”

However, on 15th May the Sudanese Government sentenced Meriam Ibrahim to death for converting from Islam to Christianity.

Meriam was eight months pregnant and a mother to a two-year-old boy.

Her marriage to a Christian man was annulled and she was charged with adultery. Meriam was released after a lot of international pressure. She eventually left the country with her 77 https://radiotamazuj.org/en/article/opinionssrf-leaders-differ-sudan%E2%80%99s-nationaldialogue 78 http://www.sudantribune.net/%D8%A7%D9 %84%D8%B3%D9%84%D8%B7%D8%A7%D8 %AA-%D8%A7%D9%84%D8%B3%D9%88%D8 %AF%D8%A7%D9%86%D9%8A%D8%A9,9251 [Sudan Tribune: Sudanese authorities prevent a memorial for the victims of September protests and arrest Sara Nagd Allah and other activists.

(Arabic Source)]

59 husband and children to live in the United States79.

On 30th June, the Sudanese authorities demolished the Sudanese Christ Church at al-Izba, north of Khartoum. In early June, the Government issued a decision banning the construction of new churches.

The Sudan Council of Churches’ (SCC) Secretary-General, Reverend Kori El Ramli, said the decision contradicts the country’s Constitution and that Christians were being forcefully displaced80. The Bishop of the Sudanese Christ Church, Kuwa Shamal Kuku, said the demolition was carried out under the pretext of protecting the land.

•

Human trafficking

Traffickers have kidnapped, tortured and killed refugees in eastern Sudan and Egypt’s Sinai Peninsula, according to dozens of interviewees reported by Human Rights Watch (HRW). The victims were largely from Eritrea81. Egypt and Sudan have failed to adequately identify and prosecute the traffickers and any security officials who may have colluded with them, breaching both countries’ obligation to prevent torture82.

79 http://www.telegraph.co.uk/news/worldnews/ europe/italy/10987694/Sudanese-Christianwoman-Meriam-Ibrahim-arrives-in-Italy.html 80 http://edition.cnn.com/2014/06/30/world/ africa/sudan-church-violence 81 http://www.hrw.org/news/2014/02/11/ egyptsudan-traffickers-who-torture 82 http://www.newscastmedia.com/eritreans.htm

The right to freedoms of the press and expression •

Assembly

The absence of accountability and justice in the killing of 200 people by governmental excessive force during the September 2013 demonstrations has emboldened the regime to press on with the use of force. UN human rights expert Mashood Baderin described the Government’s report about the events as legally and morally unacceptable and lacking evidence of a thorough investigation into the human rights violations during the demonstrations.

The University of Khartoum witnessed several student demonstrations in support of Darfur, following the deterioration of the human rights situation in the province.

However, the police and security forces commanded by the ruling National Congress Party responded to these protests with lethal force. On 12th March 2014, student Ali Ibkar Idris was shot and killed on campus during a student’s protest. Seven others were also injured. Witnesses confirmed that National Intelligence and police forces stormed the campus and met student protests with gunfire.

In July 2014, peaceful demonstrations were staged in the south of Khartoum to protest water shortages. A police crackdown with tear gas and violence led to the killing of a student who died from tear gas

60 suffocation. The official Sudanese news agency SUNA justified the killing by claiming that a number of protests had led to the disruption of traffic forcing the police to use tear gas that resulted in the death of a student.

The African Centre for Peace and Justice Studies documented three cases where detainees died in police custody in the Red Sea province. The men had been arrested and tortured in accordance with the Public Order law.

No investigation has been launched into their death.

•

•

Institutions

On 24th June, the Ministry of Justice shut down the operations of the Salma Foundation for Women’s Studies83. The Government had already dismantled three organisations84. In September 2013, the Government banned the Civil Society Confederation from holding any meetings85.

Press

The crackdown on press freedoms has continued unabated.

The Government imposed new taxes on print publications, newspapers and magazines which are often censored before they are published and journalists are summoned and/ or detained on a regular basis. Many Sudanese journalists proclaim this current era as the worst in history in terms of press freedoms, especially after proclaiming the Republic of South Sudan an independent state.

Despite the fact that pre-publication censorship has been suspended, newspapers are sometimes seized in printing presses. The brutal crackdown on press freedoms is evident after some newspapers reported cases of corruption and disagreements within the Government.

83 http://www.hurriyatsudan.com/?p=156874 [ Hurriyat Sudan: Continuous attack on community organisations in Sudan and the closure of Salma Centre for women studies (Arabic Source)] 84 http://www.acjps.org/civil-society-organisationsclosed-in-renewed-clamp-down-on-freedom-ofassociation-in-sudan/ 85 http://www.sudantribune.com/spip. php?article52392

61

HUMAN RIGHTS VIOLATIONS

7. Syria GENERAL, POLITICAL AND LEGAL OVERVIEW As the violence continues to plague Syria for the fourth consecutive year, many instances of human rights violations have been documented.86 Syria is party to the Geneva Conventions and has ratified a number of international laws and conventions pertaining to human rights, states of war and mercenaries. However, it has not ratified Protocol II of the Geneva Conventions relating to the protection of victims of non-international armed conflicts, despite the country remaining bound to international customary law applying to the noninternational armed conflict raging in the country since February 2012.

Both the Syrian regime and armed groups involved in the Syrian conflict have been accused of committing human rights violations.

86 UN reports about the human rights situation in Syria relied heavily on information provided by the Syrian Network for Human Rights, which has a team of 23 researchers and human rights activists working inside and outside of Syria.

The right to freedom, fair trial and treatment •

Arbitrary detention and absence of fair trail

There has been an exponential increase in the number of arrests and raids carried out by the Syrian Government and its allied militias. No less than 4,570 cases of arrest have been documented; among them were 58 women and 230 children. Detainees are, in most cases, referred to military or field courts where they are charged without evidence or released on exorbitant bails. The release of 1,375 Syrians were documented in 2014, most of who were not activists or opposed to the regime.

Detainees are usually placed in an overcrowded room without judicial oversight and are not allowed to communicate with their families or lawyers. Earlier in 2014, the Syrian Government began releasing detainees in a number of areas after an agreement between several opposition movements. However, most of those released were later rearrested. Between January and July 2014, we documented more than 1,860 cases in which detainees were re-arrested, most of them in Homs and Rif Dimashq.

Cases include the following: 1. Bara’ Malitoot, 24-years old, is an

62 Alawite from Latakia. She was arrested with her husband on 29th November 2012. She was pregnant at the time of arrest and gave birth during her detention at Adra Central Prison in Damascus. Her baby girl died 12 days later, allegedly because the prison wardens refused to refer her to a paediatrician. Malitoot was tried before the Field Court, which is notorious for its harsh sentences that are exempt from appeal.

2. Rasha Shurbaji, 32-years old, is from Daria in Rif Dimashq. She was arbitrarily arrested with her three children and two sisters-in-law on 22nd May 2014. She was seven months pregnant at the time of her arrest and her three children were all under the age of four. Reports have suggested that the family was held at the Political Security branch in Damascus before later being transferred to an intelligence branch where Shurbaji later gave birth to twins.

3. The Syrian actress Laila Awad also joined the long list of Syrian artists and entertainers held by the regime when she was arrested on 16th December 2013. She was initially held at the Khateeb Branch State Security before being transferred to Adra Central Prison where she is due to appear before the Counter-terrorism Court.

4. Abeer Mohammed Hani alLahham, 40-years old, was arrested on 2nd January 2013 along with her husband, two children, mother-in-

law and her husband’s uncle. She has undergone a kidney transplant and requires daily medications that are often withheld from her.

5. Samar Kokash, 48-years old, is the daughter of director Alaadin Kokash and actress Malak Sokar. Samar is married with two daughters. She was arrested and sent to the 215th security branch in Damascus, notorious for its brutality. She is currently facing charges before the Counter-terrorism Court. •

Enforced disappearance

Many detainees forcefully disappear and although Syria has not ratified The International Convention for the Protection of All Persons from Enforced Disappearance, it is party to The International Covenant on Civil and Political Rights (ICCPR), which prohibits enforced disappearance. •

Torture and death

At least five cases of death by torture are recorded daily. Military Intelligence branches 215 and 227, the Air Force Intelligence Directorate branch in al-Maza, Political Security branch, Air Force Intelligence branch in Aleppo and Hama and Military Intelligence branch in Homs are widely considered as having the worst torture record. More than 1,744 people have died under torture since the beginning of 2014.

63 Cases include the following: 1. Amal al-Fahmawi was a schoolteacher and aid activist from the al-Nu’aima town, east of Daraa. On 15th December 2012, security forces raided her home and questioned her in front of her young children. As the questioning and beating intensified, Amal slapped the interrogating officer. She was then taken to an adjacent home and shot in the head. Her home was burnt down with her family still inside.

2. Rihab Mohammed al-Illawi was a third year engineering student. Air Force Intelligence Officers arrested her at her home in January 2013. She was transferred to the Palestine Security Branch where she died under torture on 15th February 2013. Rihab was buried in a mass grave in the Najh area.

3. Walaa Mohammed was 23 years of age and from Rif Dimashq. She also died under torture on 15th February 2013 at the Palestine Security Branch.

4. Hazim Fouad al-Lahham was married with two children and an electronic engineer from Damascus.

He founded the jawall1123.com website which specialised in mobile phones software. Hazim was arrested and tortured so brutally he died on 11th August 2014 at a detention centre.

5. Maher Abdulqadir, 35-years old, was a member of the Aleppo Lawyers’ Syndicate and the Union of Aleppo Lawyers. He was arrested in early February 2012 near his office in

Aleppo. On 6th June 2014 his family learnt of his death under torture at the Air Force Intelligence Branch in Aleppo.

His body was taken to Tishreen Military Hospital and was later burned at the new cemetery in Aleppo.

6. Wael Waleed Kani was a 20-year old basketball player at the al-Wihda club. He was arrested at a checkpoint in Damascus on 4th September 2012.

His family learned later that he died at Branch 285 on 20th June 2014.

The right to freedoms of the press and expression •

Media personnel

The Syrian Regime has persisted with its policy of systematically targeting journalists and reporters, many of whom are killed or arrested in the line of duty. More than 42 reporters died under torture in the period between January and September 2014.

Cases include the following: 1. Mohammed Omar Hamid alKhateeb was a reporter. He was tortured to death at Sednaya Prison after being held for two and a half years. His family was officially notified of his death on 27th June 2014.

2. Ahmed Abulqadir Hasram was also a reporter tortured to death.

Hasram had been arrested at his house in Damascus two years prior. His family learned of his death in August 2013 and he was buried in the town of alQatifa in Rif Dimashq.

64 3. Ibrahim Abdul Razzaq al-Hamdan was a member of the Palmyra Liaison Committee and was also tortured to death after being arrested by the Military Security Forces in Palmyra before being transferred to Intelligence Branch 215 in Damascus. His family was notified of his death on a visit to the branch.

4. Assad Bajrook was the founder of Shamuna Magazine. He tragically died from the severe wounds he sustained following an airstrike on Martyr Square in the town of Huritan, north of Aleppo, on 18th of July.

The right to life and security •

Massacres and other extrajudicial killings

Government forces have killed more than 14,274 civilians, including 3,916 children, 2,149 women and 1,744 who died under torture between January and September 2014. Women and children constitute almost 42% of the total number of dead civilians. This acts as clear evidence that government forces are targeting civilians through indiscriminate bombings and extrajudicial killings. More than 568 civilians have been killed in sniper attacks, 49 of those were children and 82 were women.

Cases include the following: 1. On 9th February, Syrian troops killed three women in the al-Jalma village in Hama.

2. On 13th April, Syrian warplanes bombed the city of Doma in Rif Dimashq with two missiles hitting an open market. 21 people, including five women and four children, were killed.

3. On 13th July, armed militias from the Democratic Union Party raided the villages of Hajjia and Tel Hamis in Hasaka executing 42 people, including 15 children and three women.

4. On 21st September, warplanes bombed two agricultural projects near Idlib killing 19 civilians, including nine children and six women.

5. On 8th October, government forces stationed at the War College in Homs levelled a residential building with an explosive barrel and a number of missiles. The attack killed four children, three women and one man.

Evidence began emerging at the end of 2011 alluding to the existence of Shiite fighters fighting alongside the Syrian regime. Rebels arrested militants belonging to the Mahdi Army, a paramilitary group created by Shiite leader Muqtada al-Sadr. The most conclusive evidence of the presence of Shiite militants came in the summer of 2012 when the Abu al-Fadl al-Abbas Brigade made an appearance amid calls for protecting Shiite shrines. These calls were accompanied by sectarian propaganda on the internet and on satellite channels. Hezbollah joined the fight in April 2013. The following months witnessed an increase in the number of Iraqi and Lebanese Shiite

65 militants fighting alongside the Syrian army.

set on fire and countless women were raped.

The Iraqi Government facilitated the flow of fighters into Syria. There is also evidence that the Iraqi Army itself took part in the fighting. While the Iraqis and the Lebanese make up the bulk of the foreign fighters fighting alongside the regime on a sectarian basis, there are Afghanis, Pakistanis, Yemenis and Africans supporting the Syrian army. These militias committed many violations, most significantly in Aleppo during 2014. Cases include the following:

4. On 15th May 2013, Hezbollah fighters committed a massacre in the village of Um Amood. 15 civilians were killed and their bodies were later found in a well in the village.

1. On 22nd February, the Abu alFadel al-Abbas Brigade committed a massacre in Aleppo. 26 young men were executed after being kidnapped and blindfolded from al- Khanasser Town Cultural Centre. The young men were sprayed with bullets before their bodies were carried to Mount Shabeeth to be buried.

2. On 21st June 2013, a massacre was committed at Rasm al-Nafl village in Rif Aleppo. Regime forces and its allied militias massacred more than 280 civilians. Most of the dead were children and women.

3. On 27th March 2013, Syrian troops and Shiite militias moved to open an open road cut off by rebels near the town of al-Safira. On their way there, they raided the village of al-Malikia. As many as 69 innocent villagers, many of whom were women and children, were killed that day. Scores of houses were

5. Syrian forces and Hezbollah fighters committed a massacre at the village of al-Mazraa. At least 95 civilians were killed, including many women and children. Some of the bodies were thrown into a well in the village whilst the rest were burnt. The death of 250 residents of the village, mostly civilians, have been documented.

6. On 1st March, Hezbollah fighters committed a massacre in the village of Tall Shegheb District of Aleppo. At least six young men were killed and their bodies burnt.

7. Armed militias took over homes in many cities and towns around the country after killing their residents.

These include the villages and towns of Khanasser, al-Hammam, al-Qirbattia, Hujaira and Um Myal to name but a few.

According to human rights organisations, at least 3,139 people have been killed by ISIL since the beginning of the year. The victims who died as a result of bombings, torture or executions include 2,417 rebels and 722 civilians (including 119 children and 68 women). On 5th January, ISIL executed 17 detainees belonging to a rebel

66 group, and on 8th January, the death of 50 detainees were documented, many of them civilians and reporters, at the Children’s Hospital in Aleppo. During the month of August, ISIL killed more than 196 people from Dier al-Zour.

•

Sexual violence

Since 2011, the Syrian regime has used sexual violence against female detainees to extract information and confessions or to revenge the actions of male relatives. Many female detainees are sexually harassed during body inspections at government detention centres.

The regime also resorted to the services of thugs to rape women during raids on civilian homes. In many instances, the whole family is raped as a form of collective punishment.

One of the victims from Aleppo was a 25-year old unmarried student at Aleppo University. She was arrested in early 2014 while filming security forces near Aleppo University campus. After being held for eight months at the Military Intelligence Services in Aleppo where six officers raped her on daily basis, she was released after falling pregnant. One month later, she threw herself out of the window of a thirdfloor apartment in Hama.

•

Child abuse

The great number of children who have perished in the Syrian conflict

is a strong indicator that more often than not, it is residential areas that come under fire. It is estimated that government forces killed 3,916 children in 2014 alone. Twentyseven children died under torture at detention centres. On 30th April 2014, a warplane bombed a school in Aleppo where 400 children were studying, killing 17 children and three adults.

The siege imposed by the Government on Ghouta and Yarmuk refugee camp led to the death of 42 children in 2014.

As food and medications became increasingly scarcer the number is set to increase.

•

Targeting of personnel protected by international law

The Syrian Government have continued to target hospitals, health centres and pharmacies as well as hospital and medical workers who are subjected to torture, abductions, harassment and death. In 2014, more than 63 medical workers were killed.

The month of May witnessed the death of 18 medical staff members, including seven doctors and two pharmacists.

During the month of August, 21 medical workers were killed including nine doctors, one of whom died under torture.

Other cases include the following: 1. On 28th January, Syrian army forces bombed Kafr Zeita Hospital.

Most of the hospital’s equipment and operating theatres were destroyed.

67 2. On 15th May, warplanes bombed Jasem Hospital in Daraa destroying most of the building. The attack killed a doctor, three nurses and a child.

3. On 20th May, Syrian warplanes dropped an explosive barrel on Tel Rifaat field hospital in Aleppo destroying most of the hospital s façade and a warehouse housing oxygen tanks, medications and medical supplies. At least one medical worker was killed in the attack and 15 others injured.

4. On 28th July, Syrian forces bombed a medical point in the town of al-Nashabia in Rif Dimashq killing two doctors.

5. On 23rd August, Syrian warplanes bombed a hospital in al-Tabaka town in al-Raqqa killing four people, three of whom were doctors.

6. Iyad Hussein al-Homsi was a 45year old doctor who worked at al-Sharq hospital in Daraa and a field hospital in the town of al-Hirak. He was arrested at al-Sharq hospital and his family was notified of his death on 3rd August.

7. Mohammed Attfa was a 21-year old Child Counsellor at the Syrian Red Crescent in Homs. He was arrested on 3rd February 2013 at a checkpoint in Homs. During the first few months of his arrest his family learned he had lost most of his cognitive skills due to torture. He was declared dead on 4th July 2014.

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Targeting places of worship

Syrian government forces have also deliberately targeted places of worship such as churches and mosques, targeting religious and cultural workers. On 17th January, government forces bombed Madira Mosque in Rif Dimashq killing 19 civilians, including two children.

On 16th April, Syrian warplanes bombed the Lady of Peace Church in Homs inflicting grave damage on the building. On 27th April, al-Omari Mosque in Busra al-Sham was shelled by the Syrian army, which resulted in the destruction of its historic minaret.

•

Siege

The Syrian Government adopted a policy of laying siege to areas under the control of militants. From 19th October 2013 onwards, military checkpoints have laid siege to eastern Ghouta preventing medications, fuel and food supplies from entering the area. The siege caused widespread malnutrition and dehydration. There is also an increased spread of medical epidemics as a result of pollution caused by an accumulation of garbage.

More than 183 people have been killed, including 134 children and 22 women.

The Syrian Army also laid siege to 14 neighbourhoods in Homs from 9th June 2012 until February 2014. More than 3,800 people spent close to 600 days suffering from severe food, water and medical shortages.

68 The United Nations and Syrian Red Crescent evacuated families over a six-day period. They were transferred to a school for three months. On 8th September, the Government cut off all water supplies to the Yarmuk refugee camp and al-Tadamun neighbourhood in Damascus. Both areas are still without water.

Illegal weaponry •

Barrel bombs

Barrel explosives, scud missiles and a cocktail of other weapons are used by the regime to bomb various parts of Syria. Almost 95% of the attacks are indiscriminate, targeting both fighters and civilians. The remaining 5% are disproportionate attacks on militant bases. The city of Daria in Rif Dimashq was hit by more than 300 barrel bombs between 1st January and 20th February 2014. The bombings often target civilian locations such as the Mar Takla Church and field hospitals. In this case 29 civilians were killed, including seven women and seven children, and a further 250 were injured.

targeted the vegetable market in the al-Maisar neighbourhood on Tuesday 28th January and a children’s school in Daraa on Tuesday 4th February.

3. On 12th February, the Syrian Army dropped two explosive barrels on a residential area in Daraa killing 13 civilians.

3. On 18th February, Syrian warplanes bombed a town in Daraa with barrel bombs killing 19 civilians, including four children and five women.

4. On 2nd April, warplanes dropped an explosive barrel in Sakoor in Aleppo killing eight civilians including a woman and child.

•

Chemical weapons

Other cases include the following:

Despite the Security Council Decision 2118 adopted on 27th September 2013 to ban the use of chemical weapons, the Syrian Government has continued to use chemical weapons no less than 47 times in 18 areas in 2014. These weapons resulted in the death of 48 people, including 25 armed militants, seven hostages and 16 civilians. At least 1000 others were also injured.

1. Between 28th January and 14th February, the Syrian Army dropped more than 508 barrel explosives on residential areas in Aleppo. The attacks killed more than 843 people, only seven of whom were fighters.

Among the dead were 221 children and 119 women. One of the attacks

On 22nd May, the towns of Kafr Zita (Hama), Atshan (Hama) and al-Taman’a (Idlib) were bombed with more than four explosive barrels laden with poisonous gas. The town of Kafr Zita in Hama was attacked on 12 different occasions, with 16 explosive barrels laden with poisonous gases between

69 10th April and 28th August. Between 8th and 22nd September, government forces attacked Dukhania in Rif Dimashq on nine different occasions with poisonous gases.

•

Cluster bombs

More cluster bombs have been used by the Syrian regime in 2014 than in all of the years of conflict combined.

No less than 83 attacks with cluster bombs since 25th January 2013 were documented. More than 49 people, including 16 children and four women, were killed in these attacks and around 250 were injured. Aleppo was targeted on 34 different occasions and Idlib was attacked 11 times.

Cases include the following: 1. On 18th March, Syrian forces dropped cluster bombs on four residential areas in Aleppo, al-Sheikh Faris neighbourhood, al-Sheik Kahader, Ba’adeen and Bustan al-Basha. Hama was attacked with cluster bombs 18 times, 11 of which were against Kafr Zita.

2. On 1st August, Syrian warplanes dropped a missile laden with cluster bombs on an orchard in Mi’rzaf. The missile exploded as people rushed to the scene killing 11 people, including six children and two women.

3. On 25th of March, government forces shelled the town of Khan Shaikoon with cluster bombs killing four civilians, including a woman.

4. Daraa was similarly attacked with cluster bombs nine times and Rif Dimashq five times, while Homs was attacked three times and al-Quanitara once.

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8. Tunisia GENERAL, POLITICAL AND LEGAL OVERVIEW Three years after the 2011 revolution that overthrew former Tunisian President, Zine El Abidine Ben Ali, Tunisia is yet to bring justice to the victims and perpetrators of the grave human rights violations under his rule. The only exceptions are cases of murder by security officers during the brutal crackdown on the people when mass protests first broke out. Under Ben Ali’s rule, rampant human rights violations included arbitrary arrests, torture, unfair trials and inhumane treatment of prisoners occurred.

Tunisia promulgated a new constitution on 26th January 2014. Legal and human rights activists praised the constitution as being one of the few in the region to protect religious and individual freedoms. The constitution guarantees the basic rights and freedoms of Tunisians by creating a separation and balance between the three branches of power. Despite the political bickering that accompanied drafting the new constitution, members of the Constituent Assembly succeeded in finalising it for adoption. The constitution, which consists of 146 chapters divided

into 10 parts, is considered to be lengthy and includes details that could have been incorporated into later laws. Constitutional and legal experts praised the constitution for its protection of freedoms. Unlike the 1959 Constitution, the new draft includes a chapter dedicated to freedoms, the establishment of a constitutional court, legal commissions and an independent elections commission.

The new laws also legislate for the establishment of The Truth and Dignity Commission, which is to be concerned with the ‘transitional justice dossier.’

The Constituent Assembly approved the list of the commission members on 19th May 2014. The Commission, tasked with investigating all violations since June 1955, includes legal experts who have defended human rights before the Tunisian revolution. On 2nd June, the Constituent Assembly ratified a basic law that refers the cases of those killed and injured in the revolution to specialised agencies as part of the transitional justice efforts. On the same day, it passed a law granting amnesty to all acts committed in an endeavour to support the revolution from 17th December 2010 to 28th February 2011.

On 25th June 2014, the Constituent Assembly agreed to hold the first parliamentary elections, which took place on 26th October 2014.

Tunisia officially withdrew all its reservations about the Convention on the Elimination of All Forms of Discrimination against Women

71 (CEDAW) as a first step towards guaranteeing women equal rights.

The Tunisian reservations concerned treaty requirements to provide equality to women in family matters.

These include women’s ability to pass on their nationality to their children, their rights and responsibilities in marriage and divorce, matters relating to children and guardianship, personal rights for husbands and wives with regard to family name and occupation and affirming the same rights for both spouses in ownership of property. CEDAW provides for full equality for women in all such matters.

However, Tunisia maintained a general declaration stating that the country “shall not take any organisational or legislative decision in conformity with the requirements of this Convention where such a decision would conflict with the provisions of Chapter I of the Tunisian Constitution.” Chapter I of the constitution states that the religion of the country is Islam.

Despite the legal and legislative progress Tunisia made in the aftermath of the 2011 revolution and the subsequent promises to introduce more reforms, human rights activists have admitted that some repressive policies have made a comeback such as torture, attacks on journalists and reporters and the repression of freedoms. They attribute these violations to the slow pace of reforms and the resistance to the new constitution.

HUMAN RIGHTS VIOLATIONS The right to freedom, fair trial and treatment •

Arbitrary arrests

Anti-terrorism security measures have led to many human rights violations. Many religious establishments and homes are arbitrarily raided. On 4th April 2014, security forces raided the al-Imam Society offices in Kairouan and arrested 12 young men before releasing them on the same day. The men suffered verbal abuse and no reason was given for their arrest.

The vast majority of arbitrary raids, whilst being illegal, reveal little, if any, information. In addition to this, the courts exonerate most arrestees.

In many cases, innocent people are harmed and even killed. In one such tragic example, a woman was shot by police officers that fired at her front door as she approached to open it.

They were carrying out a raid in search of her husband who was arrested but later proved to have no link to any terrorist acts.

•

Torture and physical and psychological abuse

Human rights activists have observed that torture and human rights abuses were rampant in detention centres. Cases include the following:

72 1. Imad Degej from al-Karm in north Tunisia was brutally assaulted following his arrest on 26th February 2014. Police officers punched and kicked him as they dragged him across the floor of a coffee shop.

2. An unnamed restaurant owner was blackmailed by a police officer and when he refused to pay, the officer threatened to kill him.

3. On 28th February, an officer who was on patrol stopped a man and asked him for his papers. He then began to physically assault him. The unnamed victim, who suffered from heart problems and recently had surgery, fell unconscious.

4. On 1st March, an unnamed employee at the local theatre in Sfax was beaten up by a police officer in civilian clothes after he refused to admit entry to the police officer without a ticket.

5. On 11th June, a fight broke out between three men and police officers at a restaurant in the Nabel province.

The police officers requested backup from the National Guard who came and blocked the roads before assaulting everyone who happened to be in the vicinity. When a police unit arrived at the scene to find out what was going on, members of the National Guard refused to cooperate and started to assault the three civilian men, who later went on an open-ended hunger strike to protest this abuse.

6. Nidal Bilqasem was tortured in Baboosha after being detained on 14th August on charges of selling alcohol illegally. He appeared before the public prosecutor on 18th August bearing telltale signs of torture. The gravity of his injuries necessitated hospitalisation. His brother Waleed Bilqasem, who was held at the same police station, verified that Nidal was beaten up by police officers on 16th August. •

Acting with impunity

The vast majority of perpetrators are not brought to justice. For example, on 12th April 2014, the Criminal Circuit at the Military Appeals Court issued a number of decisions that many described as unfair. The cases were against officers and officials accused of killing an injuring many Tunisians during the revolution of 2011.

Social and economic rights The period covered by this report witnessed many calls for more social and cultural rights. Former political prisoners decided to stage a protest outside the offices of the Higher Commission for Human Rights on 5th March 2014 to demand their cases be internationalised and their rights be restored.

The Secretary-General of the Tunisian Students Union, Wael Nowwar, went on an open-ended hunger strike

73 in April 2014 to demand more rights for students.

The right to freedoms of the press and expression •

Press

Tunisian press freedoms were sharply curtailed during Ben Ali’s autocratic presidency that tolerated no dissent. The situation shifted dramatically following the 2011 revolution with many restrictions on press freedoms being lifted. However, the slow pace of reforms meant that security forces remained more or less intact along with some of the old methods of repression.

Cases include the following: 1. On 28th January 2014, security forces attacked a group of journalists covering a protest outside the cabinet building in al-Qasba. They also tried to confiscate their equipment. The Minister of Interior later apologised for the incident and promised to launch an investigation into what happened.

2. On 28th February, a police officer assaulted Wael al-Ifi, a journalist at a Hannibal satellite channel. Al-Ifi was covering the seizing of contraband.

3. Nabeel Wazdo, a reporter for alShorouk newspaper, was assaulted by police officers on 11th July as he was covering a local demonstration held to protest a new rubbish tip that had

just be opened in the area. Wazdo’s camera was destroyed in the attack.

4. The Crisis Centre, tasked with monitoring the security situation in the country, issued a decision on 19th July to close down a number of unlicensed radio and television stations over allegations of inciting violence and jihad. The headquarters of al-Noor w alQuran radio was closed down and four of its employees were interrogated.

5. Human rights worker and blogger Lina Bin Mahni was assaulted by police officers while she was walking with her family and a police guard who had been appointed months earlier after she received several death threats.

•

Assembly

Security forces banned the Freedom and Justice Organisation from holding an event on 21st May 2014. The proposed lecture was going to discuss the arbitrary raids on homes and arrests of locals over terrorist allegations. On 21st February, a number of lawyers protesting peacefully outside a court were assaulted and attacked with tear gas. The protest was held to denounce a decision to arrest another lawyer, Fatima al-Majiry.

•

Institutions

On 14th January 2014, several members of the Tunisia Guard detained human rights worker Hathiam Sha’ban who worked for the Freedom and

74 Justice Organisation. Sha’ban was harassed and searched. In July, the Tunisian Government decided to halt the activities of more than 150 organisations and societies all over Tunisia. The Prime Minister Mehdi Juma’ also announced that authorities would close down any radio or television station that broadcast any material that incites hatred. The same applied to mosques and societies with suspected links to terrorism.

The right to life and security •

Extrajudicial killings

According to Human Rights Watch (HRW), on 23rd August 2013, two young women were shot dead by police officers in the city of Kassarine. A third woman was injured in the incident.

An Interior Ministry statement that day said police at a roadblock opened fire when the car sped towards them, although they signalled it to stop and fired warning shots. But surviving passengers told HRW that police opened fire without identifying themselves as police or giving any warning.

Sondous Dalhoumi said she was driving slowly due to pot-holes in the road, but quickened when men in black emerged from the side of the road. “It was clear that we were girls,” she said.

“We were singing. I have long hair and my sister was next to me. The car was full of girls.” Had she known the men were

police, Sondous claimed she would have stopped the car immediately. Her sister, Ahlem Dalhoumi, and her cousin, Ons Dalhoumi, had been shot fatally in the head whilst her cousin, Yasmine Soula, was left wounded.

On 17th September 2014, 26-year old Rida al-Madioni was shot dead by a police patrol. A Ministry of Interior statement claimed he was killed by a stray bullet after refusing to obey police orders to stop. Rida’s family insisted that his death was not an accident and demanded the Government launch an investigation into the incident. On 8th May 2014, Gilani al-Dabbosi was released from a two and a half year prison stint without trial or charge. He died a few hours after his release due to the severe deterioration of his health condition and neglect whilst in prison.

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9. Yemen GENERAL, POLITICAL AND LEGAL OVERVIEW Yemen is still in the throes of a transitional period that began in 2012 when Abd-Rabbu Mansour Hadi assumed presidency, following widespread protests that overthrew his predecessor Ali Abdullah Saleh.

This tumultuous period ended with a political agreement on the implementation mechanism for the transition process in Yemen in accordance with the initiative of the Gulf Cooperation Council (GCC)87.

A restructuring of the army and security forces and a national dialogue encompassing all political parties followed. The dialogue was wrapped up in early 2014 with an agreement to establish a union state settling the grievances of southern Yemenis and extending President Hadi’s term until such time as a referendum on the constitution could be held and new legislations passed to ensure a smooth transition and fresh elections.

It was also agreed that the Parliament and Prime Minister would remain in power until all these conditions had been fulfilled. President Hadi was 87 http://www.al-bab.com/arab/docs/yemen/ yemen_transition_agreement.htm

granted greater powers to appoint ministers and government officials away from the partisan politics of the Gulf Initiative. Conflicting political factions succeeded in settling some of their differences through dialogue.

Unfortunately, the reluctance of some armed groups to give up their weapons as well as foreign interference, has cast shadows on the political scene in Yemen.

The Security Council unanimously adopted resolution 2140 (2014) welcoming recent progress in the country’s political transition and expressed strong support for the completion of further reforms88. Among them were drafting a new constitution and holding a referendum, as well as general elections. However, serious mistakes were made that threatened the state of peace and human rights in the country, including the decision to pass a law which granted amnesty to former president Ali Abdullah Saleh and many of his aides. This was described as a violation of Yemen’s international legal obligations since it offered Saleh immunity from prosecution for the crimes committed under his rule.

The Government also failed to disarm the militia Houthis, eventually leading to the fall of Sana’a and other Yemeni cities. Instead of opening channels of dialogue with al-Qaeda, the Government opted to crack down on the group with severe brutality 88 http://www.un.org/press/en/2014/sc11296.doc. htm

76 that eventually led to an increase in violence and the death of many civilians. US drone attacks have also resulted in the death and injury of hundreds of innocent civilians. Living standards continued to deteriorate during 2014 and were made even worse by the Government’s decision to lift all fuel subsidies without offering any alternatives.

a survey of Yemen’s commitment to its local and international legal and human rights obligations reveals that the civil, economic, social, political and cultural rights of civilians are being systematically and regularly violated.

This may be due to the conflict between varying traditional elements within Yemeni society or the unstable political transitional period.

Yemen has ratified eight major international agreements including the International Covenant on Civil and Political Rights and the United Nations Convention Against Torture. On 11th June 2013, the Yemeni Government decided to ratify the International Convention for the Protection of All Persons from Enforced Disappearance and the Rome Statute of the International Criminal Court.

The Ministry of Human Rights has strived to fulfil its legal commitments, including those related to the transitional period, by drafting a national strategy for human rights and preparing the rules and regulations of the Independent National Commission for Human Rights in collaboration with civil society institutions. The Government also drafted a number of laws, such as those pertaining to transitional justice, reclaiming embezzled funds and media freedom.

According to government pledges, the Parliament is currently drafting laws to combat human trafficking and will soon draft laws on enforced disappearance, anti-torture, and other human rights issues89.

A committee formed by President Hadi is currently drafting a new constitution. The 1991 constitution is, according to many observers, one of the best Arab constitutions. Human rights activists are hoping that the new constitution will contain all the human rights guarantees provided for in the 1991 constitution. Yemeni laws include important human rights guarantees, especially those related to detention, arrests and the wellbeing of detainees.

They also prohibit extrajudicial killings.

The constitution makes it incumbent upon any government to protect people against any threat to their lives such as the violent acts committed by armed groups and US drone attacks. However,

Despite Yemen agreeing to the 166 recommendations included in the UN Human Rights Periodic Universal Review in January 2014, there is deep concern that Yemen is not serious about implementing them and there has been a request to form a fact89 http://www.ohchr.org/EN/HRBodies/HRC/ RegularSessions/Session26/Documents/A_ HRC_26_8_ENG.DOC

77 finding mission that can investigate crimes and violations committed in Yemen. Yemen has also been reluctant to integrate these recommendations into the National Human Rights Scheme, which is expected to be ready before the end of 201490.

Although the Government announced it was launching investigations into human rights violations, no findings have been announced thus far. Nor has 2014 witnessed any real progress in the work of these investigation committees, including the one formed in 200991.

HUMAN RIGHTS VIOLATIONS The right to freedom, fair trial and treatment •

Arbitrary arrests and absence of fair trial

Arbitrary arrests are one of the main concerns for human rights activists.

The violent clashes in the north and south of the country have led to major human rights violations including the arbitrary arrest of hundreds of Yemenis by both the Government and armed militias.

90 http://www.elwatannews.com/news/ details/507759 [Elwatan News: “ Cairo Institute “ Yemen is in need to take serious steps to improve the human rights situation (Arabic Source)] 91 http://www.elwatannews.com/news/ details/507759[Elwatan News: “ Cairo Institute “ Yemen is in need to take serious steps to improve the human rights situation (Arabic Source)]

The Government crackdown on al-Qaeda was marked by the indiscriminate arrest of hundreds of Yemenis in al-Baida, Abeen and Shabwa Governorates. In May 2014, authorities arrested four minors during a campaign in the Thi-Na’im region in search of terror suspects. The Ministry of Interior claimed they were al-Qaeda members. A statement published on the ministry’s news page claimed that a joint Special Forces team succeeded in arresting four dangerous al-Qaeda members. The statement added that the four men were airlifted to Sana’a where they were handed over to the Government. The families of the youths, however, told a different story. The four youths were minors and had been taken as hostages to force the families to hand over men wanted for being al-Qaeda members. The Government’s story was an attempt to cover up the failure of the military operations in arresting al-Qaeda operatives. The public prosecutor could not find any evidence linking the four children to al-Qaeda. The four minors are 10-year old Jalal Mohammed, 12-year old Abdurabbo Mohammed, 14-year old Mohammed Abdullah, and 14-year old Abdullah Mohammed. The four boys forcefully disappeared for weeks and were not allowed to call their parents or lawyers.

Other cases include the following: 1. On 5th June 2014, security forces raided the home of 26-year old AlBara’ Abdulrahman Ahmed Hmoud al-

78 Miklafi in the north of Sana’a. Al-Bara’ was taken to an unknown location after his house was searched, and his family, including children, were terrorised. The arrest took place without a warrant or any legal documents. Al-Bara’ forcefully disappeared without trial to secret government prisons until his release a few weeks later.

2. On 17th March, Samir Hasan alSamaiee, a teacher from Ta’iz, was abducted by the director of al-Masoora Security Directorate in al-Baida’ Governorate, Mohammed al-Rassas.

He was taken to the directorate prison where he was held for a few days.

Samir was tortured until he gave a false testimony in a case involving disagreements between al-Rassas and some of his relatives92.

3. On 31st March, Mohammed Ahmed al-Hareebi was abducted and held for 33 weeks in a secret prison belonging to the Yemeni State Security.

According to his family, he was brutally tortured and abused while in prison93.

4. On 24th June, the Alkarama Foundation issued an urgent appeal to the UN Working Team on Enforced or Involuntary Disappearances to update them on the status of Jamal 92 http://adenalghad.net/printpost/98336/ [ Aden al-ghad: A teacher in al-Baida’ was subjected to torture and regional discrimination practises (Arabic Source)] 93 http://ar.alkarama.org/yemen/press-releases/ item/4814-2014-08-03-16-04-57 [Alkarama Organisation: The kidnapping of al-Hareebi once again before recovering from the effects of the previous kidnapping and torture (Arabic Source)]

al-Dabibi who forcefully disappeared inside a central prison in Sana’a. AlDabibi was serving a prison sentence issued against him on the basis of false confessions extracted under torture.

The whereabouts of al-Dabibi remains unknown.

5. Army and security forces also arrested hundreds of Yemenis in the Ad’Dali’ Governorate and looted shops and homes.

6. Many of those who took part in the popular protests in 2011 are still under arrest without trial.

The Amran province has witnessed a number of attacks by the Houthis.

According to media and human rights sources, Houthi militants abducted many Yemenis after they seized control of the area. Houthis launched a wide campaign of arrests and abductions in July 2014 in the Amran province and other neighbouring areas. Scores of civilians, army officers and journalists opposed to the Houthis were abducted. Despite a visit by President Hadi to the province, which he claimed was still under government control, the violations against locals remained rampant with the Government taking little, if any, action. Many have construed this as evidence that the Government is in cahoots with the Houthis.

Cases include the following: 1. On 31st July, photojournalists Yusuf Hazeb and Yusuf al-Qamhi were snapping photos of the damage

79 inflicted on a civilian home following the break out of violence when Houthi militants took them to a special detention centre where they were held for four days. The two men were interrogated and terrorised before being released. All their equipment was confiscated. They also revealed that they were held at the Amran football stadium, converted by the Houthis into an open prison where hundreds of abducted Yemenis are kept. The Journalists Syndicate referred to the arrest of photojournalists Yusuf Hazeb and Yusuf al-Qamhi and the confiscation of their equipment as an act of thievery.

2. In early August, Houthi militias executed Fouad Saleh in the Amran province after he was held in a Houthi detention centre in the Habbour area.

3. On 24th August, Houthi militants arrested the president of the Teachers’ Syndicate in the Amran province and member of the opposing al-Islah party, Saleh al-Hamzi. The director of alAwqaf, Mahdi al-Rimi was also arrested and expelled from the province after being threatened with death in the case of his return.

4. In early September, Houthi militias abducted the director of the social department in the al-Islah party, Hussein al-Barid. They took his personal belongings and sent him to a detention centre.

Human rights violations have not been limited to political opponents. A

number of artists and singers were also abducted and threatened.

Al-Qaeda armed groups are also still active in Yemen. Four men from the Abeen Governorate are still being held by al-Qaeda after being abducted in May 2012, despite many pleas from their families and human rights organisations. The Alkarama and Houd organisations said that the four youths, Nasser al-Qurshi, Saleh al-Mojmal, Ayman Bin Jadi and Osama al-Zubaidi, were not prisoners of war or soldiers, but four young men who were abducted by Ansar al-Sharia, a group affiliated with al-Qaeda. They forcefully disappeared until September 2014 and were prevented from contacting their families who had no idea of their whereabouts.

•

Acting with impunity

The Yemeni Government continuously fails to account for the atrocities it commits. For example, Yemen’s record of failures includes its inability to deal with the attack on the Ministry of Defence on 5th December 2013. The committee investigating the attack documented army losses alone, without any reference to civilians. The first report revealed that 12 of the attackers were killed and that most of them were Saudi nationals without referring to any later arrests. No second report was ever released.

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The right to racial equality In July 2014, HRW expressed its deep concern over the Yemeni Government’s decision to deport the Ethiopian opposition leader Andargachew Tsige. Tsige had been sentenced to death in absentia in separate trials in Ethiopia in 2009 and 201294. Human rights organisations have also documented the detention of African migrants in torture camps and called upon Yemeni authorities to bring those responsible to justice. In a report published in May 2014, HRW revealed that traffickers abduct African migrants to extort payments from their poverty-stricken families. According to the report: “When you see traffickers drag migrants into trucks in broad daylight, you realise authorities are complicit in the abductions.” In another report, HRW criticised the detention of 142 people for failure to repay debts.

The organisation demanded that imprisonment be limited to real crimes.

The right to freedoms of the press and expression •

Press

Army operations against al-Qaeda coincided with a fierce campaign against news reporters attempting to provide a balanced coverage of events. The Government instructed the 94 http://www.hrw.org/news/2014/07/07/ ethiopia-fears-safety-returned-oppositionleader-0

press to restrict the coverage to army victories only, without publishing any information about losses. Authorities also removed Al-Jazeera news team from Shabwah Governorate after the Government accused them of falsifying information95.

Foreign reporters have fared no better. On 10th May, the Government deported US journalist Adam Baron without explanation. State officers at the airport refused entry to another American journalist, Teek Roth, deporting him back to the US. Such actions have raised suspicion surrounding the Government and its intentions during this so-called “war on terror”. The Committee to Protect Journalists condemned the decisions and called on the Yemeni Government to allow journalists entry into Yemen.

The National Committee for the Defence of Rights and Freedoms, Houd, issued a statement on 17th May 2014 criticising a government decision to ban journalists from covering the war in al-Baida’, Abeen and Shabwah, commenting that “these violations of press freedoms reflect a totalitarian and backward mentality that wishes to take people back to the era of one source of information.”

On 2nd March, Al Arabiya news team was attacked and prevented from filming. Security forces confiscated all their equipment whilst they attempted 95 http://www.yementimes.com/en/1782/ news/3858/Yemeni-government-blocks-AlJazeera-from-covering-conflict-in-Shabwa.htm

81 to film the arrival of several detainees to court in Yemen.

On 14th June, members of the Presidential Guard stormed the offices of the Yemen Today channel and confiscated all their equipment before announcing the closure of the channel.

Earlier, a crew member from the channel was detained and interrogated by security forces at a checkpoint near President Hadi’s home. The crew was filming a report about checkpoints and terrorist attacks.

In another dangerous precedent, security forces tasked with guarding the US embassy in Sana’a arrested photojournalist Abduljabbar alth Bahri on 4 May. He was taken to the embassy where he was interrogated by a US army officer. He was only released after a group of journalists and human rights activists staged a protest outside the embassy’s gates96.

Violations committed against journalists reached their peak when Houthi armed groups targeted a number of media outlets and journalists with bombings and arrests.

The official Yemen TV building was bombed over a period of three days

by Houthi fighters who also prevented paramedics from reaching the building to help the injured. The Yemeni Journalists Syndicate condemned the 96 http://www.albaldnews.com/news-print6980. html [Albald News: American embassy sends security forces to arrest a reporter, working for Saba agency, on charges of possession of a camera. (Arabic Source)]

bombing of the television building and held the Houthis responsible for any casualties and damages. The Houthis also abducted a journalist from Akhbar Al-Youm newspaper and looted the home of journalist Yihia alThalaya. The International Federation of Journalists expressed shock over the news that the Houthis had bombed the Yemen TV building and demanded an immediate stop to the bombing. The Journalists’ Syndicate also accused the Houthis of committing other human rights violations against journalists.

The Syndicate statements denounced these groups’ total disregard for rights and freedoms and stark violations of press freedoms.

•

Assembly

When the Government used lethal force to break up a peaceful demonstration on 9th June 2013, the Government issued a statement announcing it was forming a special committee to investigate the incident.

However, no findings have been released to date.

The right to life and security •

Drones

Extrajudicial killings continue to plague Yemenis. US drone attacks carried out with the backing of the Yemeni Government make up a large number of killings, despite passing a law banning US drones from using

82 Yemeni airspace on 15th December 2013. The US carried out more than 28 drone attacks between January 2014 and September 2014 resulting in the death of almost 100 Yemenis.

Hundreds of others were also injured.

In April 2014, it was announced that an anti-drone organisation had been established by the families of drone victims who are seeking to raise awareness about the devastating effects of drones. This is the first of its kind in the world. On 16th April, US drones attacked two cars carrying 15 people. A Yemeni government statement alleged the men were terrorists. However, it later emerged that they were innocent civilians. No investigation into the incident has been launched nor were the families of the victims compensated.

The Yemeni and US Government justify these attacks by claiming to target pro al-Qaeda armed groups operating in the country. However, the choice of target on each occasion is not subject to government oversight and operations are shrouded in secrecy. Legal experts argue that the two countries are violating Article Six of the International Covenant on Civil and Political Rights by allowing these attacks to continue.

•

Indiscriminate bombings, missiles, rockets and displacement

Al-Qaeda fighters have waged many attacks against government and military positions around the country, the bloodiest of which were those targeting the Ministry of Defence complex and the Ardi Hospital in the capital Sana’a on 5th December 2013.

More than 56 people were killed and 215 injured including army officers, judges, doctors, nurses and patients.

Amongst these were several foreigners.

The Government responded by launching a large military campaign against al-Qaeda in several Yemeni governorates. Military officials said the attacks aimed at re-establishing peace and security in those regions.

However, the military campaign led to the displacement of thousands of Yemenis, especially in the Azzan district of Shabwah due to the random nature of the bombings that often hit civilian homes. The Government failed to offer the residents any protection or accommodation when they became displaced.

The United Nations Office for the Coordination of Humanitarian Affairs (OCHA) announced that more than 980,000 Yemenis live in areas affected by bombings. Most markets, roads and schools in these zones have had to be closed while some health facilities remain open to receive the injured.

According to initial OCHA estimates, fighting in Shabwah has displaced

83 around 24,500 people. According to a local official, most residents are now living under tragic circumstances.

Yemeni authorities have failed time and again to shoulder their responsibilities in terms of protecting civilians and providing the displaced with safe passage.

Government attacks at a checkpoint west of the city of Azzan hit a car carrying Awad Ba’ouda and his family as they attempted to flee indiscriminate bombings. One of his children was killed and his sister and four other girls were injured. The random attacks by army forces inflamed the locals in the cities of Shabwah and Abeen. Local sources in the city of al-Majd said that missiles meant for al-Qaeda positions missed their target and ended up hitting a number of homes and cars.

Activists in al-Zaher posted photos of destruction and rubble in the villages of al-Hmeikan after Katyusha rockets and mortar shells destroyed their homes. The rockets also destroyed a huge number of livestock, which form the livelihood of many villagers.

A number of southern Yemeni governorates have witnessed several extrajudicial killings against peaceful demonstrators and amidst violence between armed groups belonging to the South Yemen Separatist Movement and the Government.

Ad’Dali’ Governorate witnessed a series of violent incidents in the period between January and September 2014 punctuated by indiscriminate

governmental shelling. The incidents began on 27th December 2013 when an army truck fired a rocket towards a condolences tent in Sinah, killing 19 people and injuring 35. All victims were civilians. The Haq Organisation, which defends human rights in Yemen, documented many human rights violations committed in the Ad’Dali’ Governorate during the first three months of 2014. According to Haq, a survey that covered 17 residential areas targeted by military operations disclosed that 28 Yemenis, including women and children, were killed between 16th January and 13th March.

In one incident, a woman and her two children were killed when a rocket hit their home on 5th February in the alAslaf neighbourhood. The father was critically injured. Similarly, a rocket hit a home in al-Jalila killing 16-year old Tammani Qahtan.

The excessive use of heavy artillery by the army has resulted in the death of many civilians and the destruction of private and public buildings.

According to initial estimates, more than 200 homes and shops have been damaged by the bombings in addition to scores of public buildings and mosques. Government authorities have prevented Amnesty International staff and aid relief agencies from entering Ad’Dali’.

The UN High Commissioner for Human Rights, Navi Pillay, and the Security Council expressed their deep concern over the actions of the army. In

84 a statement released on 26th February Pillay said, “I am shocked by a series of attacks led by Yemen’s armed forces in alDhale Governorate that reportedly killed more than 40 persons since December, including at least six children. Claims by Yemen’s armed forces that they were fired upon by armed groups or that their bases were attacked can never justify the use of indiscriminate and disproportionate attacks.”

•

Extrajudicial killings

The so-called “war on terror” has also led to an increase in the number of extrajudicial killings by army and security forces near checkpoints. On 11th May 2014, three people were killed and a fourth injured when security forces opened fire on civilians who had been cleared to pass through the checkpoint. The authorities claimed they were suspected terrorists but retracted their statement and apologised for the incident. No one has been brought to trial for these deaths.

In a similar incident, Yemeni security forces killed Hamad al-Shibwani and his nephew Shaif al-Shibwani on 8th May 2014. Security forces announced that Shaif al-Shibwani was a dangerous al-Qaeda terrorist who was suspected of planning and carrying out many terrorist attacks in the capital Sana’a.

The al-Shibwan tribe rose in protest targeting electricity cables and petrol pipelines. The Government was forced to dispatch the Director of

Intelligence Services to hold talks with the tribe. President Hadi announced he was forming a special committee to investigate the incident. The committee concluded the killings were a mistake and the victims were exonerated from all charges of terrorism. The Government was forced to compensate the families of the victims with money, cars and weapons.

Despite being invited to take part in the national dialogue and the political process, the militia Houthi movement, which refers to itself as “Ansar Allah”, has insisted on using violence to achieve its political ends. Violent clashes broke out in various parts of Sana’a as the Houthis used a government decision to lift fuel subsidies as a pretext to mobilise their supporters and set up tents on one of the main streets in Sana’a to demand the overthrow of the Government.

At the same time, it was gathering armed militias on the outskirts of the capital. On 9th September, violent clashes erupted between the Houthis and security forces outside the offices of senior government officials.

Security forces fired tear gas and live ammunition at the crowd who were trying to storm the cabinet building.

Seven men were killed and scores were injured. The Government promised to launch an investigation into the incident and bring those responsible to justice. More clashes broke out as the Houthis attacked police cars and army positions.

On 16th September 2014, Houthi

85 armed groups took control of the headquarters of state television, alIman University and an army base led by major-general Ali Mohsen al-Ahmar. Forces loyal to former president Ali Abdullah Saleh joined the attack on these positions as well as the subsequent storming of the al-Islah party offices and a number of homes belonging to army and tribal leaders who supported the February Revolution. The Houthi rallies took place on the airport road, eventually marching towards the capital. This signalled the fall of Sana’a under the group’s control. A state of emergency was imposed on the capital and a number of Houthi checkpoints were set up in addition to armed patrols of the city’s streets.

On 9th September, Houthi militias executed Yihia Ahmed al-Amari and Abdulrahman Mustapha al-Amari because they refused to allow Houthi men to occupy their homes and use them as a base to launch attacks against an army camp in the same area. On 25th September, army courses announced that 200 soldiers form the First Armoured Division were executed.

However, it has been reported that the 200 soldiers in question were not involved in the clashes at this time. The soldiers were in civilian clothes when they were taken and killed. A relative of one of the men said that his brother was found with a gunshot wound to the head and still dressed in civilian clothes.

The Houthis claim they are waging a war against ISIL. However, thousands of civilians have been targeted. No exact figures are available.

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10. United Arab Emirates (UAE) GENERAL, POLITICAL AND LEGAL OVERVIEW Despite demands for reform and democratic change, public freedoms in the UAE have witnessed major setbacks during the past three years. UAE State Security began cracking down on political activists following a petition signed by 133 people in 2011. This called for an elected Federal National Council, a body deemed equivalent to what is commonly termed a parliament. The crackdown included arbitrary arrests, unfair trials and the revocation of citizenship, as well as a fierce media campaign depicting activists as a threat to national security.

Some of the arrests amounted to forced disappearances, with many detainees being held incommunicado and prohibited from seeing both their families and lawyers. Authorities have also refused to investigate claims of torture to extract false confessions from detainees, despite pledges to do so.

Human rights abuses have not been limited to political activists. A number of foreigners have also been arrested or deported without reason. Recent

figures revealed that the revocation of visas and deportation of foreigners has become a main tool for oppression used by UAE security forces. However, it is difficult to discern any pattern in the rationale behind such deportations, as they have impacted individuals from various nationalities, sects and lines of work. Additionally, seven UAE citizens have also had their citizenships revoked in a glaring violation of International Law and Article 15 of the Universal Declaration of Human Rights.

Arbitrary arrests in the UAE are often conducted on the basis of several articles in the UAE Penal Code, despite the inherent conflict between such articles and international human rights laws. The UAE has also ignored recommendations presented in the European Parliament Resolution of 26 October 2012, which calls for the respect of all human rights and fundamental freedoms, including the freedom of expression, freedom of assembly and a reform of the UAE Penal Code ensuring it complies with international human rights laws. Article 176 of the UAE Penal Code permits a sentence of up to five years in prison for publicly insulting the State President, UAE flag or national emblem, while Article 8 of the Penal Code extends the above punishment to include insults against the Vice-President and members of the Supreme Council of the Federation.

Arbitrary arrests and unfair trials are the two most frequent human rights violations perpetrated against

87 UAE citizens or foreign nationals residing in the UAE in cases involving freedom of expression. The arrests constitute various violations of international law and its guarantees for fair trial. Violations include arrests without warrant, torture, prohibitions from seeing family and lawyers and withholding information from detainees regarding their charges, despite the fact that Article 99 and 100 of the Criminal Procedure Law as well as Article 19 and 14 of the International Covenant on Civil and Political Rights guarantees, amongst other things, the right of access to a lawyer and a prompt fair trial.

In failing to provide proper protection to activists and their families, authorities have committed serious violations of both local and international laws. Authorities have neglected to investigate alleged crimes and claims of torture, allowing campaigns of incitement and threats to persist against political activists.

The United Nations Declaration on Human Rights Defenders declares that countries should “take all necessary measures to ensure the protection of everyone against any violence, threats, retaliation, adverse discrimination, pressure or any other arbitrary action” as a result of their participation in human rights activity.

On 21st of August 2014, the UAE issued a notorious anti-terrorism law stirring fears that it would be used to target political activists. The law

consists of 70 articles in five chapters.

Eleven of the articles contain crimes that are punishable by death and are defined using ambiguous language that could encompass political activists. Article 1 defines a terrorist outcome as: “Stirring panic among a group of people, killing or causing grave physical harm, or material damage to property or environment, disrupting / undermining the social domestic or international security, antagonising the State, impacting the public authorities in the State or other states or international organisations as they go about exercising their duties or receiving from the State or other states or organisations a benefit or privilege of any kind.”

According to the Cairo Institute for Human Rights Study: “The terms of this definition are extremely broad.

For example, “antagonising the state” could apply to the UAE or any other state or international organisation. This wide term could encompass any sort of peaceful protest that “the State or other states or international organisations” could view as antagonistic. Similarly “stirring panic” is not confined to creating a fear of violence but could be read as making a narrow group in society panic; this could mean that the group demanding peaceful change could cause panic in those who might be adversely affected by the change sought. There needs to be greater clarity and narrow, more focused, definitions if this law is to be applied in a just way and serve its purpose as anti-terrorism legislation.”

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HUMAN RIGHTS VIOLATIONS The right to freedom, fair trial and treatment •

Arbitrary arrests and forced disappearance

Many of those arrested by UAE security forces during the past few years have been held for extended periods of time without knowing the reason for their detainment and in locations unknown to all. Such arbitrary arrests and forced disappearances have become rampant. A number of letters smuggled from prison speak about incidents of torture and brutal questioning techniques at undeclared detention centers. During court hearings other detainees revealed that they have been tortured at secret State Security Detention Centres.

According to International Law, forced disappearance occurs when authorities detain an individual then deny holding him in custody or refuse to reveal where he is being held.

According to the 1992 Declaration on the Protection of All Persons from Enforced Disappearance: “Enforced disappearances occur when persons are arrested, detained or abducted against their will or otherwise deprived of their liberty by officials of different branches or levels of Government, or by organised groups or private individuals acting on behalf of, or with the support, direct or indirect, consent or acquiescence of the Government, followed by a refusal

to disclose the fate or whereabouts of the persons concerned or a refusal to acknowledge the deprivation of their liberty, which places such persons outside the protection of the law.”

Article 10 of the International Covenant on Civil and Political Rights and Article 20 of the Arab Charter for Human Rights stipulate that all persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.

The Inter-American Court for Human Rights described isolation for extended periods and holding detainees incommunicado as a crime against humanity. The European Court of Human Rights also condemned forced disappearances and the suffering they inflict on both the detainees and their families.

Cases included the following: 1. On 13th November 2014, seven security officers raided the home of the Egyptian national Abdulrahim Mohammed Yusuf Nouraddin, the brother-in-law of Sayyed Ahmed who was arrested earlier in the month. Officers searched Nouraddin’s house without a warrant, before taking him away. His family was not informed of his arrest.

2. On 26th November, UAE security services arrested the Yemini national Abdulmalik Abduwahab al-Husami, an academic at Al Ain University. Al-Husami was taken from his home without reason and his whereabouts remains unknown.

89 3. On 3rd March, State Security Court sentenced the Qatari national Dr Mahmoud Al-Jaidah to seven years for supporting the al-Islah group, an organisation banned in the UAE. The court also sentenced Abduwahid AlBadi and Saeed Al-Braimi in July 2014 to five years for their membership with al-Islah. Before their sentence, Al-Badi and al-Braimi were taken to a secret location where they were tortured.

4. On 2nd February, the UAE security forces arrested the political activist and Islamic preacher Sheikh Saud Kleib and sentenced him to three years on accusations related to freedom of thought and expression under the defamed law of cyber-related crimes.

The detained political activist was held incommunicado for six months.

5. On 26th February, Abdul-Rahman al-Jaidah was arrested without a warrant at the airport on his way from Thailand to Qatar, where he worked as a director at Qatar Petroleum. He was not allowed to contact his family until 8th March to inform them of his safety.

6. On 5th May, security forces abducted Sheikh Sultan bin Kayed alQassimi, leader of the al-Islah society and Sheikh Haad Ruqeit, in addition to seven other nationals who later had their citizenship revoked. State security court sentenced al-Qassimi to 10 years imprisonment on 2nd July.

7. On 16th May, authorities arrested German author Jörg Albrecht for allegedly spying during a visit to the

Abu Dhabi International Book Fair after having taken photos outside his hotel.

He was held by the police for three days and released on bail. He later gave an interview to a German television channel during which he spoke about being tortured and abused in a prison in Abu Dhabi. Among the buildings he photographed were the embassies of Iran and Iraq.

In a petition signed by more than 7,000 writers and artists, the signatories revealed: “Jörg Albrecht was imprisoned by the Abu Dhabi secret police for three days. During this time, he was refused access to a lawyer. He was unable to inform anyone of his situation for over 30 hours. During this period, other Swiss and German writers on the same exchange programme with the Abu Dhabi book fair, Jörg Albrecht’s editor Thorsten Ahrend, and the German embassy in Abu Dhabi tried in vain to gain information on his whereabouts.”

8. On 27th June, UAE authorities arrested the Qatari nationals 30-year old Yusuf Abdulsamad Abdulghani al-Mulla and 33-year old Hamad Ali Mohammed al-Hamadi. Eye witnesses told the Qatari authorities that UAE officials had detained them at the UAE al-Ghuwaifat bordert. It is not known why the men were arrested, since each of them had previously visited the UAE many times without incident.

Since their arrest, the men have not contacted their families and the families have been unable to contact them.

90 9. On 29th August, UAE authorities arrested more than 30 Libyans including two businessmen and an employee at the Al-Jazeera news channel. According to Middle East Eye: “a source close to two of the men arrested identified them as Salem Elaradi and Mohamed Elaradi. They told Middle East Eye that the two men were both businessmen who had been residing in the UAE for more than 10 years and that their arrest was “obviously to do with political grudges,” although they both held “no political positions.”

10. On 10th January, security forces abducted Mrs Aisha Al-Za’abi, wife of human rights activist Dr Mohammed Bin Saqir Al-Za’abi. She was released five days later without being charged.

11. On 14th March, UAE citizen Jamal Al-Hamadi resurfaced for the first time at a State Security Centre after being abducted in April 2013. Authorities had previously denied any knowledge of his whereabouts and claimed he had travelled to Turkey.

12. On 5 March, security forces released Jamal al-Hosani. Al-Hosani was arrested on 4th November 2013 by state security forces and taken to an unknown location without charge. th

13. On 8th April, security forces arrested Abdullah al-Hilo and Badr al-Bahri in Abu Dhabi for unknown reasons. The two men were taken to Abu Dhabi where they have been kept at an unknown location.

14. On 1st May, UAE security forces arrested Ahmed Mohammed Abdulrahman al-Molla without a warrant and took him to a secret location where he remains until this day.

15. On 7th May, state security services arrested Dr Abdullah Abdul Mo’men al-Tamimi, a Yemeni lecturer working at Ajman University. Officers took him to an unknown location and detained him without charge. He was unaware of his alleged offences.

16. On 16th June, UAE activists revealed that state security services released the Imam of a Dubai mosque who disappeared in March 2013. He was not charged.

17. On 13th December, news on social media confirmed the disappearance of the Kuwaiti Khalif al-Ajami in the UAE. According to activists, al-Ajami had travelled to the UAE 60 days prior to his arrest in Abu Dhabi.

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Torture

Article 26 of the UAE constitution prohibits torture. In 2012 the UAE ratified the UN Convention Against Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment.

Article 2 of the Convention stipulates that “no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.” Article 12 of the convention

91 stipulates “each state shall ensure that its competent authorities proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction.”

Detainees held in the UAE told courts that they were being systematically tortured, prompting courts to request medical reports. However, in the majority of cases such reports failed to surface and proceedings halted.

The families of 14 Egyptians detained in the UAE released a statement on 30th January 2014. It complained of the list of abuses their relatives were being subjected to in UAE prisons.

According to Human Rights Watch: “In handwritten letters handed to a defence lawyer in September 2013 after they had been moved out of secret detention and into al-Wathba Prison in Abu Dhabi, seven of the Egyptian detainees described the torture and ill-treatment to which they had been subjected by the State Security in secret detention. They said they had been beaten on their heads and all over their bodies with a wooden stick; forced to sit in an electric chair and subjected to electric shock to different parts of their bodies; continuously slapped and punched in the face; hung from different parts of their bodies with metal chains and cuffs; forced to hold stress positions for long periods; and subjected to

extreme temperatures. The letters also said they had been interrogated while blindfolded with their hands and feet bound and while tied to a chair; held in solitary confinement for prolonged periods in undisclosed locations; and subjected to humiliating treatment including being forced to kneel on the ground while being beaten with a stick on their backs and buttocks.”

Other cases include the following: 1. On 2nd February, the UAE State Security Court sentenced political activist and Islamic preacher Saud Kleib to three years for cyber-related crimes.

The court ignored claims by Kleib that he was made to disappear forcefully for six months. Kleib had complained to the judge during the first hearing in December 2012 about being brutally tortured by investigators.

2. On 23rd January, prison officials at al-Razeen Prison placed Tariq al-Qattan on the cold floor of a dirty cell while handcuffed, despite his deteriorating health condition and his urgent need for knee surgery.

3. On 11th February, the families of six detainees held at al-Razeen Prison reported that their relatives had been held in solitary confinement without food or drink. The six detainees were Ali al-Khaja, Fahd al-Hajiri, Abdullah alHajiri, Dr Hadif al-Oweis, Abdulrahman al-Hadidi and Dr Saif al-Ajala. According to the families, when the detainees were brought breakfast in the morning, they refused to eat it because they

92 were fasting. Prison officers responded by assaulting the prisoners, dislocating one detainee’s shoulder and injuring the hand of another. The families added that the detainees were taken out of solitary confinement after the evening prayer. During the evening meal, 30 Nepalese soldiers came in and took the prisoners to solitary confinement without explanation.

4. On 17th March, security forces arrested the activist Osama al-Najjar, the son of the political detainee Hussein alNajjar, because of his political activities and his support for his father. Osama was held in a secret location for three months during which he was tortured, according to a medical source at the prison. Authorities allegedly fabricated charges against him and sentenced him to three years imprisonment. He was also ordered to pay a 500,000-dirham fine on 25th November.

5. On 22nd May, the Moroccan comedian Mohammed al-Fanni accused UAE authorities of torturing him for eight days in April earlier that year. As a result, al-Fanni claimed he had lost his ability to walk properly. He described how he was tied up for hours before being taken to a prison in the heart of the desert where he remained for four days.

The right to freedoms of the press and expression The UAE Penal Code empowers authorities to crack down on press freedoms, prohibits political parties and bans any criticisms of the ruling family.

In 2014, it also allowed authorities to ban UAE nationals from travelling and human rights workers from entering the country. Several newspapers and websites were also blocked.

On 12th November 2012, the President of the UAE, Sheikh Khalifa bin Zayed Al Nahyan, issued the Federal Legal Decree No. 5/2012 on combating cybercrimes. The vaguely worded provisions of the decree closed off the last remaining forum for free speech in the country by empowering authorities to prosecute and jail individuals who use Internet forums for expressing political views or to organise demonstrations. Articles include: 1. Article 28: Imprisonment and a fine of up to one million dirhams (US $272,000) for anyone who uses information technology“with the intent of inciting to actions, or publishing or disseminating any information, news, caricatures, or other images liable to endanger state security and its higher interests or infringe on the public order.”

2. Article 29: Imprisonment and a fine of up to one million dirhams (US $272,000) for anyone using information technology “with the intent of deriding

93 or harming the reputation, stature, or status of the state, any of its institutions, its president or vice president, the rulers of the Emirates, their crown princes or their deputies, the state flag, national safety, its motto, its national anthem, or its symbols.”

3. Article 38: Imprisonment for anyone using information technology “who provides to any organisations, institutions, agencies, or any other entities incorrect, inaccurate, or misleading information liable to harm state interests or damage its reputation, stature, or status.” This, in essence, prohibits citizens from providing information to independent journalists and human rights organisations.

Article 19 of the International Covenant on Civil and Political Rights stipulates that “everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.”

Although the UAE has not ratified the Covenant, it is still binding because it is part of International Customary Law. Furthermore, International Law prohibits placing arbitrary restrictions on any media content including online content, except in clear cases of slander or defamation.

The Arab Charter for Human Rights, ratified by the UAE, stipulates that “everyone has a guaranteed right to

freedom of belief, thought and opinion and that no restrictions shall be placed on the rights and freedoms recognised in the present Charter except where such is provided by law and deemed necessary to protect the national security and economy, public order, health or morals or the rights and freedoms of others.” It also provides for all citizens to have the right to freedom of peaceful assembly and association and stipulates that no restrictions shall be placed on the exercise of this right unless so required by the exigencies of national security, public safety or the need to protect the rights and freedoms of others.

Cases of restriction in the freedom of press and expression include the following: 1. On 22nd January 2014, UAE authorities prevented Human Rights Watch (HRW) from holding a press conference to launch its annual report from Dubai.

2. On 24th January, authorities refused to allow the executive director of HRW’s Middle East and North Africa Division, Sarah Leah Whitson, from entering the country.

3. On 24th February, state security forces prevented the wife of the Emirati detainee, Fouad al-Hamadi, from travelling abroad without giving her any reason.

4. A source from Passport Control at Sharjah airport revealed that Mrs Hadia Mohammed Abdulaziz was not allowed to leave the country.

94 5. On 15th February, authorities expelled eight Kuwaiti students from Sharjah University over their attempts to establish a students’ union at the university. The Union of Kuwaiti Students later announced it was closing its branch in the UAE after a number of Kuwaiti students were expelled from Emirati universities.

6. On 1st April, the Englishspeaking newspaper, The National, terminated the employment of the Ugandan Journalist, Yasin Kakande, for writing an autobiographical novel (The Ambitious Struggle: An African Journalist’s Journey of Hope and Identity in a Land of Migrants) describing the conditions of migrant workers and media censorship in the UAE. Kakande was later deported.

7. On 20th May, the UAE refused to print an international edition of the New York Times because of a report by Ariel Kaminer and Sean O’Driscoll about New York University’s building of an Abu Dhabi campus using some 6,000 migrant workers. Migrant workers, according to the report, were arrested, beaten and deported after launching a strike to protest their low wages.

8. On 20th May, the UAE announced it was imposing a lifetime ban on British lawyer, Victoria Meads, prohibiting her from entering the country. This followed her efforts to obtain information about an EU resolution critical of the UAE. 9. On 3rd August, the CEO of the Cordoba Foundation, Dr Anas Altikriti,

accused Saudi Arabia and the UAE of being behind a decision issued by HSBC bank to close his accounts and those of his family members over his support for Gaza and his opposition to the coup in Egypt.

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11. Libya GENERAL, POLITICAL AND LEGAL OVERVIEW As the fourth anniversary marking the 17th February Libyan revolution passes, the human rights situation in the country remains dismal. Security is unstable and the country has been divided by a series of political, social and economic crises.

operation. The breakaway members held their first parliamentary session in Tobruk in a clear violation of the Constitution and Libyan law.

As political and religious division worsened in 2014, the number of secret prisons increased in various Libyan cities. Ousted Prime Minister, Ali Zeidan, and the GNC watched helplessly as splint groups and proHaftar rebels exercised control and embarked on a far-reaching campaign of abductions, arrests, killings and torture.

On 14th February 2014, the former leader of the Libyan ground forces, Khalifa Haftar, announced in a televised address that he was dissolving the General National Congress (GNC). He fired the Government and suspended the Constitutional Declaration. Three months later, he launched ‘Operation Dignity’, targeted at what he described as terrorist groups. As a result, the leader of the army issued a warrant for his arrest.

The Libyan Government failed to take any effective measures to put an end to human rights violations.

The former National Transitional Council issued Law 34/2014, which provided legal protection to those committing human rights violations by classifying acts of murder and torture as necessary steps for the protection of the revolution. The GNC also bestowed legitimacy on militias by offering them money and weapons. Reports suggest that various militia leaders are also members of the GNC.

These actions plunged the country into a civil war. In May 2014, the GNC announced that elections for Libya’s first parliament had been scheduled for 25th June. A new house of representatives was set to take over from the GNC and pave the way for more democratic institutions. However, a few GNC members broke away and announced they were joining Haftar’s

The GNC passed the Political Isolation Law in May 2013. This law is viewed by many as a major challenge to the establishment of a modern state, containing provisions and procedures for exclusion that are too sweeping and vague, according to Human Rights Watch (HRW). The latest version of the draft law published on the congressional website indicates

96 that it would cover anyone who held an official position from September 9, 1969, Gaddafi’s first day in power, until the declared end of the armed conflict that brought his downfall and death on October 23rd, 2011.

According to HRW, Article 1 of the draft law lists 23 categories of public positions as well as acts committed under the Gaddafi government, such as showing a “hostile attitude towards the February 17 Revolution”. Under Article 2, anyone who held any of the positions listed under Article 1 or is judged to have failed its other criteria would be banned from assuming 20 categories of official public positions, including ambassadorships and other Foreign Service jobs, educational jobs, members of unions and people assigned by the GNC and the interim government.

HUMAN RIGHTS VIOLATIONS The right to freedom, fair trial and treatment •

Fair trial, prisons and arbitrary arrest

As a result of the lack of security and consistent physical threats faced by judges, the Libyan Judiciary is unable to guarantee the practice of fair trials to prisoners in Libya. Members of the former regime have been denied fair trial and those acquitted by the Misrata Criminal Court are yet to be released.

Death sentences issued in Misrata during 2014 against prominent figures in the Gaddafi regime were met with harsh criticisms from both local and international organisations due to the absence of a guarantee of fair trial.

Armed militias founded on tribal, sectarian, religious or ideological commonalities have spread all over the country. Consequently, each militia has established its own illegal prison and detention centres. Thousands of citizens have been arrested and taken to such locations. The Libyan Ministry of Justice and local and international NGO estimates reveal that some 8,000 Libyans were arrested in 2014 for various reasons related to their loyalties to other militias, their position in the government or for ransom.

Militia members reportedly resorted to torture to extract confessions, including electrocution, sleep deprivation and severe physical beatings.

Following the failed coup attempt in February 2014, Haftar’s followers established scores of makeshift prisons that operate apart from governmental oversight. Hundreds of people are held in these prisons, with significant numbers coming from Eastern Libya.

Special prisons were also documented in al-Bayda and Tobruk.

In some cases of arbitrary arrest, detainees have been detained for longer than a year without charge.

In rare cases where detainees are fortunate enough to appear before

97 a public prosecutor, they are finally released after prolonged periods of unjustified detainment and torture.

Scores have been killed under torture at militia-controlled detention centres.

Despite the availability of evidence against those who committed acts of murder and torture, no one has ever been brought to trial.

Social and economic rights •

Women’s rights

Libyan women have been excluded from assuming governmental posts and legal positions. During 2014, no women were appointed judge and only six out of 60 seats were allocated to women in the committee drafting the new constitution.

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Minorities

As minorities, the Toubou, Tuaregs and Berber (Amazigh) constitute an important component of the Libyan social fibre. These groups were greatly marginalised during Gaddafi’s fourdecade rule and their situation has been further aggravated by the revolution. The Amazigh would like their language to be designated as a second official language after Arabic, while more than 3,000 members of the Toubou tribe, who reside in valleys and plains, have been denied official documentation.

The Toubou’s attempts to rise against the former regime in 1992

resulted in the revocation of their Libyan citizenship. Gaddafi also considered them too loyal to the deposed king.

Following the revolution and the liberation of southern Libya, the Toubou became engaged in fierce conflicts with the Zawya and Suleiman tribes.

The Zawya tribe attacked the Toubou neighborhood and the Government failed to intervene. Several women were killed in the assault. Government troops led by Wissam Bin Hameed, were brought in and stationed outside al-Kafra. They began bombing civilians, killing 34 women and children in their homes.

In addition to minority groups, there are a huge number of indigenous people who have returned to Libya from neighboring countries but have been denied Libyan citizenship, effectively making it impossible for them to benefit from education, employment and health services.

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Forced displacement

The displacement of Libyans began soon after the revolution. Several cities, villages, tribes and families were classified according to their allegiance to Gaddafi and were blamed for the atrocities committed by him.

The residents of many cities were displaced including Sirt, al-Mashashia, al-Qawaleesh and al-Ja’afra. More than 40,000 Libyans were displaced from their homes and hundreds of men

98 were killed after being accused of being loyal to Gadaffi. Armed militias continued to raid refugee camps and attack innocent civilians in many areas.

Cases of attack and displacement include the following: 1. On 6th February, al-Janzoor refugee camp was attacked. This resulted in the death of six people.

2. In August, al-Falah refugee camp was attacked with one person killed and five injured.

3. More than 10,000 were forcefully displaced from Zawaiat al-Baqool.

4. The Owainiah region was declared a military zone and all residents were expelled from the area.

5. Thousands have been displaced from Zintan and are prevented from returning.

It is estimated that armed conflict has led to the displacement of 400,000 Libyans. Thousands of homes and shops have been looted or burnt down.

Many public and private buildings have been destroyed. The displaced are suffering from severe health and educational hardships.

Hundreds of thousands of Libyans that have been deemed loyal to Gaddafi have fled to Egypt, Tunisia, Morocco, Algeria and other neighbouring countries. The majority of such refugees have no source of income while many are forced to take on underpaid and overworked labour jobs. It is reported

that a Libyan family was forced to live in a Cairo cemetery because they could not afford to pay rent elsewhere. Some Libyan consulates abroad refused to renew refugees’ passports in an attempt to encourage them to return to Libya, a choice that could expose them to arrest, torture or death.

The right to racial equality •

Illegal immigrants

Hundreds of Africans and Arabs flooded to Libya to take advantage of job opportunities and strategic location. Those whose work permits or visas expired were arrested and detained in warehouses that lack basic and necessary facilities.

The right to freedoms of the press and expression •

Activists and journalists

Workers in civil society institutions have reported an increasing number of threats, forcing many of them to leave the country. Among those killed were Abdulsalam al-Mismari, Anis al-Jahani, Ezzadin al-Qosad and Hamida alAsifer. Attempted murders include Naji Hamad, Mahmoud Isa al-Bara’si, Niveen al-Bah, Hanan al-Moqawab, Ibrahim Abdulhamid, Officer Mohammed alHijazi, Nouraddin Boushiha, Isam alTajori, Hanan al-Nowaisir, Khadiga al-Warfali, Halima al-Shih, Mahmoud al-Firjani and Khadja al-Amami.

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12. Bahrain GENERAL, POLITICAL AND LEGAL OVERVIEW The crackdown on Bahraini protesters, activists, civil society organisations and human rights workers continued with a vengeance in 2014. Authorities responded fiercely to calls for democratic reforms, which picked up momentum in 2011 as part of the popular movements that swept through the Arab world.

Despite international efforts, especially in the Universal Periodic Review of 2014, the Bahraini Government have failed to implement any recommendations of the Bahrain Independent Commission of Inquiry (BICI), which were approved by the King after the commission presented its report on human rights violations in the Kingdom in November 2011.

Those guilty of torturing and killing protesters took full advantage of the culture of impunity that plagues Bahraini politics. Many activists, lawyers and human rights workers were arbitrarily arrested, tortured and abused. Most still languish in prisons under bogus charges and following farcical trials that fail to meet the minimum requirements of a fair trial.

Security forces often resort to excessive force in crushing peaceful protests, leaving many protesters with serious injuries.

Bahrain’s human rights record regressed further in key areas in 2013, with the Government making little progress in the reforms it claimed to pursue. Security forces continued to arrest scores of individuals arbitrarily in towns where anti-government protests regularly take place. Continuing reports of torture and ill treatment in detention were consistent with the findings of the 2011 BICI. The Government’s failure to implement key recommendations of the BICI stands in contrast to their claims of progression in securing human rights. The judicial system, headed by the ruling family members, has yet to hold any senior official responsible for serious human rights violations that have occurred since 2011, including torture-related deaths in detention.

High-profile critics of the Government remain in jail on charges that relate solely to exercising their rights to freedom of expression and assembly. Authorities continue to arrest and prosecute dissidents on security-related charges, including human rights defenders. The arrest of the deputy head of al-Wefaq, the largest opposition group in Bahrain, prompted all other opposition groups to participate in a deeply

100 flawed national dialogue process and eventually suspend their involvement.

The process resumed in February after a one-year hiatus.

Torture and arbitrary arrests

1. On 7th January 2014, security forces arrested Ali Shabr Sharaf Shabr, Hussein Ahmed Tahir Abdulwahhab, Aqeel Abdurasool Mohammed Ahmed, Hussein Mehdi Mohammed Ibrahim and Ali Sabah Abdulmuhsin Mohammed.They forcefully disappeared for an extensive length of time.98 The men’s names and photos were published along with allegations that they had confessed to various crimes. It is believed that confessions were extracted under torture.99

According to local human rights activists, security forces have continued to detain scores of individuals arbitrarily every month. Perpetrators of torture and murder continue to enjoy near total impunity and many human rights activists still languish in prisons. Local organisations estimate that more than 300 people, including three women and six minors, were arrested between October and December 2014.97

2. On 9th January, Ahmed Mohammed Saleh al-Arab, Mansoor Ali Mansoor al-Jamri and Hussain AlGhasrah were arrested, disappeared and tortured to extract false confessions later used to convict them during unfair trials. The authorities also harassed al-Arab’s family.100 Al-Jamri had previously been detained for two years during which he was tortured before being sentenced to six years in prison.

Bahraini authorities indefinitely postponed a visit by the UN Special Rapporteur on Torture, Juan Mendez.

In May 2014, the Gulf Centre and the Bahrain Human Rights Centre petitioned Mendez and a number of international human rights officials to conduct an investigation into cases of torture and abuse at Bahraini prisons.

3. On 2nd September, 36-year old Tawfeeq Al Towk was arrested and disappeared for a few days before resurfacing at the interrogations building, after which he was transferred to al-Hawd al-Jaff Prison. His family was told they could visit him on 9th September but when they arrived at the prison they were surprised to learn that he was no longer there.101

HUMAN RIGHTS VIOLATIONS The right to freedom, fair trial and treatment •

Cases of arbitrary arrest and torture include the following: 97 http://bhrs.org/ViewArticle/2/110/Articles.aspx [BHRS: Monthly report for the Bahrainian Society for Human Rights on the human rights situation in Bahrain for the month of October 2014 (Arabic Source)]

98 http://www.bahrainrights.org/ar/node/6696 [ Bahrain Rights Organisation: Bahrain: concern for the safety of detained citizens that are victims of enforced disappearance (Arabic Source)] 99 Ibid 100 http://www.bahrainrights.org/en/node/6701 101 http://www.bahrainrights.org/en/node/7063

101 4. On 3rd September, the family of the 24-year old political detainee Salman Abbas Salman, was informed that he had been arrested along with several others in the village of alMuqasha’. Two hours after his arrest, his family was told he was being held in the interrogations building. However, Salman disappeared until 10th September when his family learned he was at al-Hawd al-Jaff Prison. The police searched the family house without a search warrant.102 All attempts by his family to visit him in prison failed.

•

Absence of fair trail and accountability

Human rights organisations documented many cases of Bahrainis being convicted for crimes related to freedom of assembly, association and expression. While authorities have relentlessly pursued anyone who criticised the regime, they’ve rarely prosecuted members of the security forces who were involved in cases of torture and abuse.

The few times any such cases have been brought to trial involved junior officers and ended in acquittal. The disparity between disproportionate prison sentences against prisoners of belief and the acquittal of police officers charged with torture and abuse is very striking.

Cases include the following: 1. On 29th April 2014, the Supreme 102 http://www.bahrainrights.org/en/node/7063

Criminal Court sentenced five Bahrainis, including two women (Nafisa al-Asfour and Rihana Mousawi), to five years imprisonment.103 The five men and women were arrested in April 2013 during the Bahrain Grand Prix and their case later became known as the “Formula 1 Bombing”. Both women were tortured to extract false confessions and their cases refused investigation by the court.104 Asfour and Mousawi are the first two women to be convicted under the new antiterror law.105 2. On 9th January, authorities released photojournalist Ahmed Fardan, who was arrested for allegedly attacking the police with Molotov.

Fardan, who was released on bail from Dry Dock Prison in the capital, was taken to the offices of the prison authorities to meet a member of the Special Investigative Unit (SIU), a unit within the Public Prosecutor’s Office (PPO) set up to investigate allegations of torture and other ill-treatment, killings and other violations by the security forces. Ahmad Fardan gave details of his torture to the investigators. Authorities later denied torturing him or breaking his ribs.106 103 http://manamavoice.com/news-news_read20198-0.html [ Manama Voice: Five years sentencing for the two detainees, Nafisa alAsfour and Rihana Mousawi as well as three others in the “Formula 1” case (Arabic Source)] 104 http://bchr.hopto.org/en/node/6243 105 http://www.bna.bh/portal/mobile/news/557693 [Bahrain News Agency: Public Security Chief: Police thwart terrorist plots aimed at terrorising citizens and succeed in securing the “Formula 1” with 8 thousand police (Arabic Source)] 106 https://www.amnesty.org/download/

102 3. The Civil Court sentenced Abdulwahab Hussein, a prominent opposition leader, to life in prison for establishing a movement that called for abolishing the monarchy and replacing it with a republic. The same court concluded that Hasan Mushaima’ and Abduljalil al-Sankees, both of whom are members of the al-Haq movement, had attended some of the meetings organised by Hussein and were found in possession of contraband material.

Both were sentenced to life in prison.107 4. On 2nd October, six health professionals were arrested for exercising their rights to freedom of expression and assembly. Most of the six arrested, alleged they were tortured or ill-treated during their initial detention in 2011. The Court of Cassation in Manama upheld jail sentences for all.

5. The Court of Cassation also upheld the prison sentence issued against Diya Ibrahim Jaafar, who was convicted for taking part in protests and “destroying public property”. 108 6. Similar measures were observed in the case of the police officers, Mubarak Abdullah al-Marri and Sheika Noura Bint Ibrahim al-Khalifa (a member of the ruling family), both of whom were charged with torturing health workers but later acquitted.

Documents/8000/mde110052014en.pdf 107 http://tribune.com.pk/story/194182/bahrainsentences-eight-protesters-to-life/ 108 http://www.islamtimes.org/en/doc/ news/97928/

Social and economic rights •

Women’s rights

Bahraini women, especially those who took part in the popular movements of 2011 calling for political reforms, are subjected to many abuses and human rights violations including torture, arrests and physical and mental abuse. Several activists have been fired from their jobs. It is estimated that more than 300 women have been arrested since 2011. The Supreme Council for Women and similar civil society organisations refused to comment on these arrests, raising serious questions about their complicity therein.

Cases of human rights violations include the following: 1. On 15th September 2013, Ghada Jashmeer, a prominent activist and defender of women’s rights, was arrested over tweets highlighting the existence of rampant corruption at the King Hamad University Hospital, which is headed by a member of the royal family.109 She was remanded in custody for a further two and a half months on libel charges. The court hearing was adjourned until 24th November 2014, two days after the parliamentary elections. Jashmeer was arrested again on 27th November 2014 on bogus charges.

2. On 12th November 2014, security forces raided the homes of eight women, including two of who were 109 http://www.bahrainrights.org/en/node/7183

103 pregnant, and a six-month-old baby, without a search warrant. All electronic devices were seized and many of the women were physically abused. The following morning, the women were arrested after being summoned for questioning. The police refused to divulge any information about their whereabouts or the reasons behind their arrest. They were also prevented from contacting their families or their lawyers. On 13th November, lawyers succeeded in meeting the women only to learn of their torture, abuse, death threats and food, sleep and water deprivation. Their remand in custody was extended for seven days after being quizzed by public prosecution on 13th November. On 14th November, four other women, including the prominent activist Ebtisam Alsaegh, were questioned in connection with the same charges.110 •

Migrant workers

Approximately 460,000 migrant workers, primarily from Asia, make up 77% of Bahrain’s private workforce.

Due to shortcomings in Bahrain’s legal and regulatory framework and their failure to enforce laws, migrants endure serious abuses such as unpaid wages, passport confiscation, unsafe housing, excessive working hours, physical abuse and forced labour. Conditions for domestic workers are also of particular concern. The Regional Gulf Cooperation Council Unified Contract 110 http://www.bahrainrights.org/en/node/7164

for Domestic Workers is expected to be approved in early 2014 but falls short of the minimum standards outlined in the Domestic Workers Convention that the International Labour Organisation adopted in 2011.

Migrant workers in Bahrain also face discrimination and abuses from Bahraini society in general. Human Rights Watch (HRW) documented several violent attacks against South Asian migrant workers in March 2011, during a period of heightened political unrest. Migrants, in some cases, said their attackers were anti-government protesters. Pakistani workers provided evidence to HRW about attacks that led to the death of a fellow worker and seriously injured others.

HRW found that employers who violate migrant worker rights typically do not face the penalties outlined in Bahraini law and rarely, if ever, face criminal consequences outlined in the Penal Code and laws against human trafficking. HRW found no evidence that Bahraini authorities have utilised the anti-trafficking legislation introduced in 2008 to prosecute labour related violations.

104

The right to freedoms of the press and expression •

Press and institutions

Bahrain’s current laws prohibit civil society organisations from getting involved in any political issues.

Involvement risks subjection to closure. Amendments introduced in 2002 also prohibit any activities that could be deemed harmful to national unity or religious sensibilities. Bahraini authorities took advantage of such laws to impose severe restrictions on political parties, freedom of expression, assembly and association.

On 27th March 2014, Abbas alMurshid, an independent journalist, was summoned to appear before court on charges of offending the King. He received no prior arrest or interrogation related to this offense. Al-Murshid was previously detained between May 2011 and July 2011 and was released following pressure from international human rights organisations. He was harassed for years by security forces, his online publication, al-Manama, was closed by the authorities and riot police shot him in the eye. The Bahrain Centre for Human Rights published a report listing 30 different cases brought before the courts for charges of “insulting the King”, which included critiquing the King in public speeches and on social media, and, in one case, walking over a poster of the King.

Based on such charges, at least seven

people have been sentenced to a total of 7 years in prison.111 •

Expression

Human rights organisations documented many abuses of the right to freedom of expression. On 3rd February 2014, 23-year old Ayat al-Gormezi was summoned for interrogation regarding a poem she recited on 24th January at an opposition rally. Since the interrogation, which was ordered from the Office of the Deputy of Public Security, al-Gormezi has been charged with insulting the King and inciting hatred against the ruling regime. She revealed she was quizzed about the poem and its meaning and that her lawyer was not allowed to attend the interrogations. She was released from custody after signing a pledge to appear at the police station upon request and with a referral of her case to the public prosecutor. Al-Gormezi was previously arrested in March 2011 after reading a poem addressed to King Hamad in front of a crowd of pro-democracy protesters at the Pearl Roundabout. Al-Gormezi’s trial began on 2nd June 2011 and on 12th June 2011 a Bahraini military court sentenced the then 20-year old poet and student to one year in prison for taking part in illegal protests, disrupting public security and inciting hatred towards the regime. She was released following an international outcry. She later claimed she was tortured in prison by 111 http://bahrainrights.org/en/node/6682

105 a police officer from the ruling family called Noura al-Khalifa, who has not been convicted. 112 •

Assembly

The UN Human Rights Council expressed its deep concern over the increased restrictions on peaceful protests and freedom of assembly and called on the authorities to respect Bahrain’s obligations under international human rights laws, including the right to freedom of expression, assembly and association.113 Under the new amendments, all forms of protests in Manama are banned, which effectively puts an end to all forms of expression, assembly and association.

112 http://www.independent.co.uk/news/world/ middle-east/poet-jailed-in-protests-claims-shewas-beaten-by-bahraini-royal-2315431.html 113 http://www.ohchr.org/EN/countries/ MENARegion/Pages/BHIndex.aspx

106

13. Kuwait GENERAL, POLITICAL AND LEGAL OVERVIEW With an elected parliament, Kuwait enjoys a level of democracy almost completely absent in other Gulf States.

However, in practice, authoritarianism and repression are still the rule, rather than the exception. Although Kuwait is committed to diffusing any form of popular opposition by providing generously to its small population from oil revenues, it has still witnessed widespread political protests critical of the ruling family. The Government have initiated a violent crackdown on voices of dissent, which sees many activists, journalists and intellectuals arrested and jailed for extended periods of time.

Recurring political disputes between the Government and Parliament paralysed political institutions and suspended the drafting of new laws following a decision by the Constitutional Court to void the February 2012 elections and reinstate the previous parliament, originally elected in 2009. The Court also approved controversial amendments to the Elections Law, which reduced the number of candidates each Kuwaiti can vote for from four to one, which prompted many in the opposition

to boycott the 2012 elections and embark on widespread street protests.

July 2013 elections ushered in a new parliament of 50 members, two of whom were women.

Kuwait continues to exclude thousands of stateless people, known as Bedoons, from full citizenship, despite their longstanding roots in Kuwaiti territory. There are at least 105,702 Bedoon people in Kuwait.

The Government continues to violently disperse Bedoon protests while promising to grant them social benefits, including government-issued documentation and free education and health care. In 2014, the Government invoked a law criminalising all insults to the Emir in an attempt to crackdown on freedom of expression and curb the Bedoon protests. Many Bedoon activists were arrested in 2014.

HUMAN RIGHTS VIOLATIONS The right to freedom, fair trial and treatment •

Torture and arbitrary arrests

In 2014, the Government resorted to the use of excessive force in their attempts to crackdown on antigovernment protests by Bedoon and other Kuwaiti activists. On 19th February, Bedoon activist, Abdullah Attallah, was arrested one day after marking the third anniversary of Bedoon protests. The expression

107 ‘Bedoon’ refers to individuals living in Kuwait who don’t carry the nationality of any country. They are either stateless or the citizens of another state, but conceal all their identification papers.

The Government often refers to the Bedoon as “illegal residents”. Attallah had delivered a speech in which he described the current and former interior ministers as “criminals” and held the Emir responsible for the suffering endured by the Bedoon.

Attallah was brought before the Public Prosecutor, who ordered he be held on charges of insulting the Emir, illegal assembly and destroying a police car.

He was subsequently taken to the Central Prison in the capital before being released on a 500-dinar bail on 15th June114. He was arrested again on 7th July following a raid by 20 police officers on his home without a search warrant. Attallah was questioned by police and charged with illegal assembly and failure to comply with police orders to disperse.

Many cases of torture were also reported to have occurred inside Kuwaiti detention centres in 2014.

According to Amnesty International: “Another Bedoon activist, Abdulhakim al-Fadhli, was summoned to the police station in Taima on 20th February and told that he would face charges including ‘calling for protests’. He and his brother, Abdulnasser al-Fadhli, were arrested on 24th February and taken to 114 http://www.amnesty.or.jp/en/get-involved/ua/ ua/2014ua047.html

the State Security department after a car chase in which their car was rammed.

They appeared before the Public Prosecution on 3rd March, their detention was extended for 10 days pending investigation and they were moved to the Central Prison. They are both facing charges of damaging police patrol cars and assaulting security officers, while Abdulhakim al-Fadhli is also accused of ‘inciting rebellion’ and his brother of ‘harbouring a fugitive’. Abdulhakim alFadhli said that during the four hours after his arrest he was beaten and threatened with rape.”115 Abdulhakim al-Fadhli was arrested again on 7th July at a checkpoint in front of the Central Prison in Kuwait City as he was monitoring protests calling for the release of Musallam al-Barrak, who had been arrested on 2nd July on the charge of “insulting the judiciary”. On learning who he was, a high-ranking officer insulted, beat and arrested him.

Abdulhakim al-Fadhli was left with a perforated left eardrum and a wound to his right earlobe. On 8th July, the Public Prosecution ordered him, in the presence of his lawyer, to be detained for 10 days pending investigation and charged him with “insulting a security force officer”. His case was referred to a Misdemeanours Court. On 13th July, Abdulhakim al-Fadhli filed a complaint against the officer who assaulted him, but to no avail.

115 https://www.amnesty.se/engagera-dig/agera/ aktuella-blixtaktioner/ua-4714-kuwait-sevenstateless-men-arrested-ill-treated/

108

Social and economic rights •

Citizenship revocation

A total of 33 people have lost their citizenship during 2014, of which three are thought to be as a result of political activism.116 Cases include the following: 1. On August 14th 2014, the authorities announced a group of citizenship revocations under Article 13. Those stripped of their nationality included Nabil al-Awadi, a conservative cleric widely known for his television talk shows. Under the law, seven of his family members subsequently lost their citizenship.

According to an official cabinet document, he was stripped of his citizenship based on undermining both the country’s social or economic system and the country’s higher interest or foreign security.117 2. On 29th September, a group of 18 revocations was announced. The authorities claimed such revocations were based on a cabinet decision, including one that appeared politically motivated. The revocations included Saad al-Ajmi, the spokesman for Musalam alBarrak, a leading opposition politician.

Al-Barrak was convicted of insulting the Emir in 2012118 and was arrested in June for ‘insulting the judiciary’, which drew thousands to the streets until he was released several days later.119 116 http://www.hrw.org/news/2014/10/19/kuwaitgovernment-critics-stripped-citizenship 117 Ibid 118 http://www.hrw.org/news/2014/01/26/kuwaitjail-exile-insulting-emir 119 http://www.hrw.org/news/2012/11/10/kuwaitlift-protest-ban

Al-Ajmi had his citizenship revoked under Article 11 of the Nationality Law, which allows withdrawing citizenship from anyone naturalised by another country. Al-Ajmi told Human Rights Watch (HRW) that although Article 11 was used in his case, he is now stateless because he has not been naturalised elsewhere. He said the authorities had not revoked his four children’s citizenship.

120

UN Secretary General noted in a report published in September 2014 that “while International Human Rights Law clearly establishes the obligation of all states to respect the human rights of all individuals without distinction of any kind, states may restrict the enjoyment of some international human rights visà-vis non-citizens, subject to stringent conditions related to the principle of nondiscrimination.”

He added that, “…the arbitrary deprivation of nationality leads the affected persons to become non-citizens with respect to the state that deprived them of their nationality. Arbitrary deprivation of nationality, therefore, effectively places the affected persons more disadvantaged situation concerning the enjoyment of their human rights because some of these rights may be subjected to lawful limitations that otherwise would not apply but also because these persons are placed in a situation of increased vulnerability to human rights violations.” 121 120 http://www.hrw.org/news/2014/10/19/kuwaitgovernment-critics-stripped-citizenship 121 http://www.ohchr.org/Documents/HRBodies/

109 •

Migrant workers

Migrant workers make up around 2 million of Kuwait’s 2.9 million population, including more than 600,000 domestic workers. In March 2013, the Government announced that it intended to reduce the number of expatriate workers by 100,000 every year for the next 10 years, in order to bring the total down to one million.

Kuwait has since adopted a number of mechanisms facilitating quick, nonjudicial deportations in order to reach its goals.

For example, in April 2014, Kuwait implemented a policy that allowed for the deportation of migrants who had committed one major traffic violation.

By September the same year, according to local human rights organisations, the Ministry of Interior had deported 1,258 expatriates for traffic violations.

In addition to this, in August, the Health Ministry announced that it would deport any expatriates with confirmed cases of infectious diseases, though HRW have not documented any such deportations at the time of writing.

Such deportations occur without any judicial review.

Kuwait has also adopted various indirect methods designed to forcefully encourage migrants to leave.

For example, in March 2014, Kuwait passed strict regulations for expatriates applying for a driving license; the HRCouncil/RegularSession/Session19/AHRC-19-43_en.pdf

driver must be 18 or over, have passed a driving test, be a legal resident in Kuwait for at least two years, have a university degree and earn at least 400 Kuwaiti Dinars (US$1,400) per month.

In August 2014, local media reported that authorities also began evicting expatriate tenants from private homes owned by Kuwaiti citizens. According to local NGOs, residential buildings that are rented out to expatriates must be classified as “investment accommodations”.

The right to freedoms of the press and expression •

Expression

Despite Article 36 of the Kuwaiti Constitution guaranteeing freedom of expression, 2013 saw a drastic increase in free speech violations, with authorities intensifying their efforts to crack down on freedom of speech since the June 2012 political crisis. 122 The Government has brought cases against at least 29 people who have publicised their critical views of the Government on Twitter, Facebook, blogs, and other social media platforms, and/ or at public protests. 2014 the first time a court issued an order for the expulsion of a Kuwaiti citizen after he finished serving his prison sentence.

This stands as a glaring violation of Kuwait’s commitments under the International Covenant on Civil and 122 http://www.hrw.org/reports/2000/kuwait/ kuwait-06.htm

110 Political Rights (ICCPR) and the Arab Charter for Human Rights. The UN Human Rights Committee, which reviews regular progress reports related to the implementation of the ICCPR, stressed that all public figures, without exception, can be criticised and opposed in a manner protected by the law. However, the Kuwaiti Government took advantage of constitutional provisions and restrictive laws related to the Penal Code, press, communication, assembly and national unity to arrest scores of bloggers and Facebook users.

Most of these cases have been brought under Article 25 of Kuwait’s Penal Code (1970), which prescribes a sentence of up to five years in prison for anyone who publicly “objects to the rights and authorities of the Emir or faults him”. The Article omits any definition of what may constitute a “fault”. Kuwait’s Constitution describes the Emir as “immune and inviolable”. In order for such cases to meet international standards for permissible restrictions of free speech, the Government needs to demonstrate incitement to violence or similar criminal acts. On 13th December 2014, the draft Electronic Information Law was rejected by the Parliament because it was deemed too restrictive of freedoms and abusive of the right to express opinions freely.

Cases of free speech violation include the following:

1. In November 2013, local police arrested Abdullah Fairouz Abdullah Abd al-Kareem for comments made on Twitter. The court convicted him on the basis of Article 25 of the Penal Code, which sets a prison sentence of up to five years for anyone who publicly “objects to the rights and authorities of the Emir or faults him”, as well as for misusing his mobile phone to disseminate objectionable comments. Al-Kareem is a member of the Kuwait Human Rights Society and has worked to counter human rights violations against the Bedoon people. On 9 January 2014, the Kuwaiti Criminal Court issued a five-year prison sentence with labour, followed by deportation to Al-Kareem.

2. On 21st June 2014, Kuwaiti authorities stripped five government critics of their citizenship after accusing them of carrying out acts aimed at “undermining the country’s security and stability and bringing harm to its institutions”. However, Article 28 of the Constitution prohibits the deportation or forced exile of citizens.

The penal code stipulates that noncitizens convicted of serious crimes can be deported after finishing their prison sentence. The five men are Abdullah al-Barghash, a former leader in the opposition bloc in parliament, three of his siblings Sa`d, Nasr and Nura al-Barghash, and Ahmed Jabir alShammari. Al-Shammari told HRW that the Parliamentary decree for revoking the five citizenships was based on the

111 Kuwaiti Law of Nationality 15/1959 and that authorities officially informed him that his citizenship was revoked under Article 13(5). Al-Shammari is the owner of the independent Al-Youm television station and Al-Youm newspaper. At the request of the Information Minister, courts had ordered both media outlets to shut down temporarily three times in May and June 2014 for defying a prosecutor-ordered media blackout about an investigation into an alleged plot by senior officials to overthrow the Government. The provision of the Kuwaiti Law of Nationality 15/1959 violates Article 12 of the International Covenant on Civil and Political Rights, which stipulates that “no-one shall be arbitrarily deprived of the right to enter his own country”.123 3. On 22nd October, the Criminal Court sentenced 13 Kuwaiti citizens to a two year suspended sentence and ordered they pay a 3000 Kuwaiti Dinar fine for insulting the Emir. The Public Prosecutor had referred five similar cases to the Criminal Court where at least 67 Kuwaiti citizens, including former MPs, journalists and activists, were charged with insulting the Emir.

4. On 22nd October, security forces arrested blogger Ayyad al-Harbi and convicted him for insulting the Emir. He was sentenced to two years imprisonment.124 123 http://www.ohchr.org/en/professionalinterest/ pages/ccpr.aspx 124 http://shar.es/1gq5ok [Al-Seyassah: Two year imprisonment for 13, echoing Barraks speech (Arabic Source)]

5. On 23rd October, charges against 17 detainees were suspended in a state security case until the constitutionality of Article 34 of Law 31/1970 has been determined. They were arrested for insulting the Emir, assaulting police officers and taking part in an illegal march following a lecture entitled “Stop Messing with the Country”.

6. On 25th December, the Public Prosecutor ordered the arrest of former MP and opposition leader, Mussallam al-Barrak, for allegedly insulting the judiciary during a speech he delivered in June 2014. Mussallam al-Barrak, warned the Emir that he would not be allowed to “take Kuwait into the abyss of autocracy”. Al-Barrak accused senior government officials of corruption.

Leaked recordings, allegedly exposing plans for overthrowing the ruling family, backed the accusations. His lawyers criticised the allegations as illegal and unfounded.

•

Assembly

Article 44 of the Kuwaiti Constitution stipulates that “Individuals shall have the right of private assembly without permission or prior notification, and the police may not attend such private meetings”.125 However, opposition groups called for a demonstration in July 2014 to express their anger at the repressive measures adopted by the Government.126 The protesters called 125 http://www.kuwaitconstitution.org/ kuwaitconstitutionenglish.html 126 http://www.cdmkw.com/?p=602 [CDM Kuwait:

112 for the release of all political detainees, acquittal of bogus charges, reform of the Supreme Judicial Council, prosecution of members of security forces involved in the abuse and torture of civilians, trial of corrupt officials, dissolution of the Parliament and the Cabinet and suspension of all repressive laws.

According to eyewitnesses and media outlets, there were many human rights abuses during the demonstration, as authorities resorted to excessive force to disperse protesters, especially those who took to the streets to condemn the arrest of Al-Barrak. Security forces used rubber bullets, tear gas and sound bombs against unarmed protesters.

They also arrested a number of activists, journalists and human rights workers.

Misdemeanours sentenced Jassim, to one-month imprisonment for participating in an illegal assembly.

2. On 24th February 2014, Kuwait’s Security Forces arrested Hussein Jabr, Yusuf Matar, Ahmed Sa’ad and Misha’al Mit’ab, charging them with illegal assembly. 128

Other cases include the following: 1. On 21st April 2013, Suleiman Bin Jassim was released on bail, four days after he was arrested by Kuwaiti police for documenting and monitoring a protest in the al-Andalus area of Kuwait City. Whilst he was monitoring the protest, Jassim was shot with rubber bullets before the police hit him and finally arrested him. The human rights defender filed a complaint against the Special Forces for assaulting him but the prosecution, on the basis that the investigators could not identify the perpetrators, later dismissed his case.

127 On 19th October 2014, the Court of CDM (civil democratic movement) statement with regards to the Nations Dignity March 8 (Arabic Source)] 127 http://www.frontlinedefenders.org/node/27524

128 http://www.hrw.org/news/2014/04/02/kuwaitno-response-torture-allegation

113

14. Morocco GENERAL, POLITICAL AND LEGAL OVERVIEW The human rights situation in Morocco remains relatively unchanged as the economic and social conditions continue to worsen, despite the government of Abdelilah Benkirane stressing it would revive the economy and prop up the health and educational sectors.

Public freedoms have witnessed some gains during the Arab Spring, but have not been institutionalised. Several amendments to Moroccan law have been centred on freedom legislations, including the Press and Publications Law and Associations Law. However, such amendments have not been in manner consistent with International Human Rights Law. Morocco has been inclined to make a few, limited changes to the law which has prompted many legal and human rights organisations to file memoranda demanding constitutional amendments and juridical reforms.

Freedoms continued to deteriorate in Morocco during 2013 and 2014 with human rights organisations documenting more cases of arbitrary detention, attacks on peaceful demonstrations and human rights activists and breaches of the right to assembly, press freedoms and freedom of movement. Human rights

organisations, civil society institutions and the Journalists Union have raised concerns, whilst many observers have remarked that the consecutive governments need to decrease the time spent on responding to human rights reports and increase their focus finding real solutions to existing problems.

HUMAN RIGHTS VIOLATIONS The right to freedom, fair trial and treatment •

Torture, arbitrary arrests and enforced disappearance

Human rights organisations have documented many human rights breaches against the physical and psychological safety of individuals detained at police stations. Detainees have frequently complained of overcrowded cells and a lack of medical services.

Prison conditions in the country remain dismal with reports of abuses and torture resulting in injuries that often require hospitalisation. The UN Working Group on Arbitrary Detention (WGAD) visited Morocco on 9-18 December 2013 to examine the human rights situation in the country.

WGAD met with many officials and family members of individuals who were arbitrarily detained, in addition to visiting several detention centres.

WGAD noted that despite the warm

114 welcome by authorities, no measures were undertaken to carry out the working group’s recommendations nor did the Government comply with the UN Committee Against Torture recommendations to re-examine all convictions made on the basis of confessions extracted under torture. 129

Despite complaining of torture and abuse, authorities are yet to investigate his claims. El Haisan is only granted 15 minutes of visiting time per week.130 2. Human rights organisations confirmed that many activists from the 20 February movement, the General Union of Moroccan Students, human rights defenders, and Islamists are arbitrarily arrested on bogus charges including assaulting or insulting government employees, destroying public or private property and carrying weapons. Detainees deny all such charges and assert that they are arrested because of their political opinions and demands for political, social, economic, and cultural reforms.

Cases of torture, arbitrary arrests and enforced disappearance include the following: 1. On 4th July 2014, television reporter Mahmoud El Haisan was arrested and tortured at al-Akhal prison in Al Aioun city. El Haisan, who works for the Saharawi Republic television, was arbitrarily arrested at 3:30am after scores of police officers raided his home and physically assaulted him.

He was not shown any arrest or search warrant. El Haisan was beaten up and abused on the way to the police station in Al Aioun. He was accused of documenting and reporting police abuse during the forced dispersal of the Sahrawi demonstrators on 30th June. A few hours after his arrest, El Haisan was asked to give up all his “illegal activities”. Upon refusing to give up his political rights and the right to do his job without interference, he was physically assaulted. El Haisan was coerced into signing a false confession under torture. On 5th July, he appeared before a judge who immediately remanded him in custody without trial.

3. WGAD called on the Moroccan authorities to release Mustapha elHasnaoui. According to the WGAD: “El-Hasnaoui travelled to Turkey on 11th May 2013. When he arrived at Istanbul airport, he was subject to refoulement measures, for which no reasons were given, by the Turkish airport authorities.

Upon his return to Casablanca, he was questioned for several hours by the border police before being released.

On 15th May 2013, Mr El Hasnaoui received a telephone call from a criminal investigation officer informing him that he must report to the Al Maarif Police Station in Casablanca at 9:30am on the following day. On 16th May, he reported

129 http://ar.alkarama.org/morocco/item/47682014-08-03-16-04-57 [ Alkarama Organisation: United Nations working group on arbitrary detention visit Morocco. (Arabic Source)]

130 http://ar.alkarama.org/morocco/item/48652014-08-03-16-04-57 [Alkarama Organisation: Morocco: Urgent Appeal - Saharawi television reporter, a victim of arbitrary arrest. (Arabic Source)]

115 to the Al Maarif criminal investigation department as requested. The duty officer told him to return at 1:00pm as he could not be seen at that moment.

When he returned, he was placed under arrest without any legal reasons given.

The source states that Mr El Hasnaoui was questioned for many hours about his journalistic activities, coverage of certain events, political beliefs, activities as a human rights defender and contact with the families of detainees accused of belonging to Salafia Jihadia. The source affirms that Mr El Hasnaoui’s mobile telephone was then seized and examined, in contravention of the Code of Criminal Procedure, which contains legal safeguards with regard to such measures. The source states that the criminal investigation officers did not charge Mr El Hasnaoui with any specific offence or accuse him of any particular act”.

4. According to the Equity and Reconciliation Commission report, many Moroccans remain missing after being subjected to enforced disappearance. Cases include those of Mehdi Ben Barka, al-Hussein alManoozi and Mohammed Islami.

•

Social and economic rights

The year 2014 saw deteriorating economic, social and cultural conditions; Morocco’s budget deficit reached 40 billion Dirhams and the cost of living increased significantly, with food prices increasing by more than 3.4%. Such deteriorations prompted

the Government to borrow funds from abroad, as well as cut back on public spending and services. According to the Planning Commission, 9.2% of the population or approximately 1,081,000 people were reported to be unemployed, of which 9% are women.

This marks an increase of 43,000 compared with 2012. These figures don’t include hidden unemployment, temporary employment and marginal economic activities.

Despite new government policies to tackle housing problems, there are still very serious issues that remain unresolved. Health and education in Morocco is also less than adequate.

116

15. Oman GENERAL, POLITICAL AND LEGAL OVERVIEW Oman has continued to restrict basic freedoms and human rights with violations increasing significantly since 2011, the start of the widespread demand for political reform and democratic change across the Middle East. As calls for more freedoms and open participation in the political process intensified in Oman, authorities detained and harassed critics and pro-reform activists. They have also withheld security clearance for involvement in peaceful political activities, preventing many citizens from gaining employment in state services. The year 2014 was marked by an increase in the number of government officials prosecuted on corruption charges. Mohammed alKhusaibi, Omani commerce minister has been sentenced to three years in prison for corruption and fined $2m (£1.2m).131 A number of amendments and new laws were announced in 2014, imposing harsher restrictions on basic freedoms and human rights. Experts have warned that such changes, such as the new 131 http://www.bbc.co.uk/news/world-middleeast-27469354

Nationality Law, breach International Law. Oman is due to appear before the Human Rights Council Periodic Review (UPR) to respond to questions about its compliance with the recommendations made by the UPR in 2011.132 The Sultanate of Oman acceded to, and ratified, a number of human rights decrees related to women and children.

In 1996, the Government of Oman ratified the Convention on the Rights of the Child (CRC), followed in 2004 by accession to the two optional protocols to the convention: the involvement of children in armed conflict and the sale of children, child prostitution and child pornography.

Oman acceded to Committee on the Elimination of Discrimination against Women CEDAW in 2006. Early in 2009, Oman ratified the Convention on the Rights of Persons with Disabilities.

Oman has not ratified the International Covenant on Civil and Political Rights, the International Convention for the Protection of All Persons from Enforced Disappearance or the UN Convention Against Torture, included in the UPR 2011 recommendations.

Oman’s Basic Law guarantees freedom of expression, but restricts this right based on the “conditions and circumstances defined by the Law”. It prohibits any publication that “leads to 132 http://gihr-ar.org/ar/index.php?option=com_ content&view=article&id=538%3A---166--&catid=34%3Aun&Itemid=93 [GIHR : Universal Periodic Review (UPR): 166 recommandations for Sultanate of Oman (Arabic Source)]

117 public discord, violates the security of the State or abuses a person’s dignity and his rights” (Article 31). Authorising blanket prohibitions on these vague grounds goes beyond the restrictions on freedom of expression permitted under International Law. Penal Code Article 126 prohibits publicly insulting or defaming the “Sultan’s rights or authority” and imposes a penalty of up to three years imprisonment and a fine of up to 500 Riyals (US $1,300).

Article 173 bans anything that affronts a public official performing their duties “publicly or by publication, and by speech or gestures”. Violators risk up to six months imprisonment.

The Omani Penal Code criminalises any criticism of the Sultan or the Government and imposes a penalty of up to three years imprisonment and a fine. Authorities invoke these laws as the legal basis for arresting human rights workers, political activists and anyone who criticises the Sultan or the Government. Criminal Procedure Law was amended allowing for detainees to be held indefinitely. The amendments are designed to restrict the activities of civil society institutions and political activists.

Omani authorities invoke the vague charge of “undermining the prestige of the state” to arrest and convict political opponents. Parties and civil societies are still banned in the country while the few allowed to operate are subjected to close scrutiny. Peaceful assemblies are repressed and anyone accused

of attending a political gathering is charged with “illegal assembly”.

Oman’s Press and Publications Law, Telecommunications Act of 2002, and Cyber Crimes Law also restrict both print and electronic publishing and online content. Article 61 of the Telecommunications Act penalises “any person who sends, by means of telecommunications system, a message that violates public order or public morals” with up to one year imprisonment and a fine.

Oman exerts some efforts to observe human rights by ratifying UN agreements and conventions, but these efforts remain inadequate. The National Human Rights Commission, a government-funded and appointed commission composed of private- and public sector members, is the only officially recognised human rights body in Oman.133 However, the Commission is not authorised to review complaints of human rights violations or take any steps to prosecute those who commit these violations.

The recent amendments to the Omani Nationality Law allow the Government to revoke the citizenship of anyone who deals with international organisations.

The amendments published in the Official Gazette in August 2014 list the revocation of citizenship as punishment for expressing “harmful opinions” and/or those convicted in state security cases.

133 http://www.nhrc.om/en/about-us/

118 Revoking citizenships also includes those who refuse to comply with government orders to stop working for a foreign entity or enemy. These are the same laws that allowed the governments of the UAE, Bahrain and Kuwait to revoke the citizenship of many political activists.134

HUMAN RIGHTS VIOLATIONS The right to freedom, fair trial and treatment •

Torture and arbitrary arrests

Human rights organisations have documented many cases of arbitrary detention over the past 3 years. These arrests have continued into 2014, focusing on political activists and human rights defenders. There have also been a number of reports on instances of torture and other forms of physical abuse by security officers, including physical assaults, forcing detainees to wear hoods and masks, false executions, sleep deprivation and solitary confinement.

Cases include the following: 1. On 23rd January 2014, Omani security forces arrested Musallam al-Katheeri, a retired physician, over comments he posted about corrupt government officials and his objection to the arrest of the MP, Talib Al Maamari.

134 http://www.middleeasteye.net/news/ activists-warn-1061946039

Al-Katheeri was held in a secret location and released a few days later without charge.135 2. On 6th May, Ibrahim Abdullah Juma al-Balushi, Nasser al-Ehyai, Said alZeidi and Talal Mohammed al-Maamari were arbitrarily arrested and detained until their release on 12th July. They are not believed to have been tortured, but their conditions of detention were cruel, inhumane and degrading. When al-Balushi’s and al-Maamari’s relatives went to the police station in Muscat on 12th and 14th May, they were denied visiting access to the two detained men and were not given details regarding the reasons for their arrest.136 The four men were released without charge on the condition that they sign a pledge agreeing not to “partake in advocacy work” or “incite sectarianism”, among other commitments. Al-Balushi and al-Maamari were previously arrested in 2011 and sentenced to 3 years imprisonment by the State Security Court for “inciting sectarian hatred”.

The Sultan released them 10 months into their sentences as part of a general pardon.137 3. On 27th December 2013, Omani security forces arrested the 19-year old Yemeni citizen Abdulrahman 135 http://www.alaan.cc/pagedetails. asp?nid=216628&cid=46 [Alaan: Human rights violations in the Sultanate of Oman (Arabic Source)] 136 https://www.amnestyusa.org/sites/default/files/ uaa12714.pdf 137 https://www.amnestyusa.org/sites/default/files/ uaa12714.pdf

119 Ali Salem Mohammed, at a checkpoint on the road connecting Yemen, Oman and the UAE. Abdulrahman was travelling to Duba with another Yemeni citizen, Khalid al-Yafai’. Both were taken to an unknown location and were not allowed to contact their families. Authorities refused to give them a reason for their arrest. Khalid was released 4 months later while Abdulrahman remained in custody.

On 30th June 2014 Abdulrahman was extradited to Yemen, 193 days after his arrest. He complained of torture and abuse at three different Omani prisons. On 6th September 2014, he was released without charge.

4. On 9th October, Omani authorities arrested the Omani national Mohammed al-Battashi, otherwise known as al-Muntaqim Bilallah alBattashi. Al-Battashi was abducted by a Special Forces unit and taken to an unknown location. He was placed in solitary confinement and denied the right to see his family or lawyer. He was released on 11th November. According to al-Battashi, the police accused him of “insulting the Sultan.”

The right to freedoms of the press and expression •

Expression, assembly and association

Oman practices a systematic repression of all forms of peaceful expression. There is a deep concern among human rights activists about

the consequences of restricting freedoms of expression and legislations related thereto, such as the Penal Code, law of Penal Procedures and the Right to Information. During the past few years, there has been a gradual increase in the restrictions on the freedom of expression and in the use of unnecessary and excessive force by authorities against peaceful demonstrators.

Many activists have been arrested for “illegal assembly”, “insulting the prestige of the State or the Sultan” and have been tried in courts that fail to meet international requirements for fair trial.

This prompted the UN Special Rapporteur on the rights to freedom of peaceful assembly and association to highlight, following a visit to Oman in September 2010: “…the distinct impression of a pervasive culture of silence and fear affecting anyone who wants to speak and work for reforms in Oman. They are afraid to speak their minds, afraid to speak on the telephone, afraid to meet. Ubiquitous communications technologies that the rest of the world takes for granted, such as Skype, are unavailable in Oman, something that my team and I bear witness to. Many people we spoke to reported being arrested or detained without due process – some repeatedly – and subjected to intimidation and psychological torture simply for trying to assert their rights. I would like to underline, that all the people I spoke

120 to who have been subjected to this harassment, stress that what they want is peaceful reform, not revolution.”138 Authorities have arrested scores of activists and human rights defenders prompting human rights organisations to warn the Omani Government against breaching basic freedoms of expression and assembly. The Sultan has since pardoned most of the activists. Reporters Without Borders and the Committee to Protect Journalists remarked that the arrest of journalists has been aimed at silencing the voices of dissent and criticism and deterring others from expressing their opinions freely.

Cases of restriction of expression, assembly and association include the following: 1. On 13th July 2014, authorities arrested Noah al-Saadi, a blogger and human rights activist, detaining him until 7th August when he was released without charge. Officials had previously detained al-Saadi in September 2013 after he used his blog to criticise the arrest of Dr Talib Al Maamari, a Shura Council Member involved in antipollution protests at Sohar Port and the 2011 mass protests in Sohar by Omanis demanding jobs and an end to official corruption.139 2. On 24th August 2013, 42-year old MP Talib Al Maamari, was arrested and 138 http://www.ohchr.org/EN/NewsEvents/Pages/ DisplayNews.aspx?NewsID=15028& 139 http://www.hrw.org/world-report/2015/countrychapters/oman

unfairly tried after organising an antipollution protest against poisonous gases emitted by a petrochemical plant in Sohar. In the course of the demonstrations, which were held on 21st August 2013, members of the security forces fired tear gas and used water cannons to disperse the crowd.

Al-Maamari was among those injured by the violent police intervention and was arrested with a total disregard for his parliamentary immunity. AlMaamari was convicted of inciting unrest by “inciting the people of Liwa to demonstrate in front of Sohar Industrial Port” and “intentionally spreading tendentious news that could impair the honour of the country”.

The court sentenced him to 4 years imprisonment and ordered him to pay a fine. On 16th October 2014, the Inter Parliamentary Union (IPU) expressed its concern over serious allegations that al-Maamari was prosecuted and convicted on the basis of charges which may have infringed his legitimate right to freedom of assembly. The IPU welcomed an invitation extended by the Omani delegation to visit Oman and underscored that it is of primary importance that the delegation also meets with al-Maamari himself.140 On 16th December, two months after the decision issued by the IPU’s Committee, the UN Working Group on Arbitrary Detention (WGAD) issued a similar opinion, highlighting that Article 137 of the Omani Criminal Code, “harming the 140 http://www.ipu.org/english/issues/hrdocs/195/ om01.htm

121 State’s prestige”, allowed too broad an interpretation, which could also result in a violation of the right to freedom of peaceful assembly and association as guaranteed by Articles 19 and 20 of the Universal Declaration of Human Rights.

The decision read that “it is on the basis of this law that, following the protest, many protesters were arrested for having exercised their rights to freedom of expression and peaceful assembly. The Government does not deny that Liwa’s population claimed only their right to live in a healthy environment.” WGAD’s opinion stated that al-Maamari’s arrest and detention was arbitrary and consequently that he should be released. According to Human Rights Watch (HRW), al-Maamari has been refused bail.

3. Saqer al-Balushi, a former municipal councilor from Liwa, was sentenced to one year imprisonment and a fine of 300 Riyals ($750) for attending an “illegal gathering” in connection with the aforementioned incident. The court acquitted seven other defendants and released alBalushi on bail pending appeal.

4. On 10 December 2014, security forces arrested Said al-Jaddad, a human rights activist and pro-reform blogger.

According to HRW, al-Jaddad was arrested in the southern city of Salalah without an arrest warrant. Al-Jaddad had repeatedly called for political and social reforms on Facebook and on his blog. Sources reported that the officers involved impounded al-Jaddad’s car

and cell phone and transferred him to an unknown location. At 11:00pm, security officers raided al-Jaddad’s home and took away some of his personal belongings.

On December 16th, al-Jaddad’s family visited the Public Prosecutor’s Office in Dhofar to seek information regarding his arrest. They were turned away empty handed. There was great concern for al-Jaddad’s wellbeing as he has a heart condition, high-blood pressure and digestive problems.

He was released, but on 21st January 2015, a large group of riot police raided al-Jaddad’s house in Salalah.

They arrested him again using brutal and unnecessary force, terrifying his children aged 6 and 10 years. Prior to his arrest, al-Jaddad had warned that if he were to be re-arrested he would go on hunger strike and refuse to take medication until his release. The UN Special Rapporteur on the situation of human rights defenders, Michel Forst, pointed out that “Mr Jaddad’s recurring detention is unacceptable as it seems to be an act of reprisal for cooperating with international organisations, such as the UN and its human rights mechanisms.” Mads Andenas, the chair of WGAD, commented “I am concerned that Mr Jaddad is being arbitrarily deprived of his liberty for having exercised his rights to freedom of opinion and expression and freedom of association, as guaranteed

by Articles 20 and 21 of the Universal Declaration of Human Rights”. The

122 Special Rapporteur on the right to freedom of opinion and expression, David Kaye, expressed concern over reports of increasingly severe control of civil society in the country by Omani security and intelligence services, and the impact that these restrictions have on the enjoyment of the right to freedom of opinion and expression. Mr Kaye said: “We steadfastly condemn the detention of individuals who seek to contribute to the promotion and protection of human rights and we call for Mr Jaddad’s immediate release”.

5. On 4th September 2014, authorities released Mohammed al-Farazi, a prominent blogger and editor-in-chief of Mowatin Magazine, after keeping him incommunicado for five days with no knowledge of the reasons behind his arrest. Al-Farazi established Mowatin Magazine as an online news source to debate a range of political, social and legal issues. He has also been a fierce defender of civil and political rights in Oman. Al-Farazi was kept in solitary confinement and denied contact with his wife or lawyer.

Relevant UN agencies received pleas urging for their intervention to secure his release based on the glaring breach of Article 18 of Oman’s Basic Law, which stipulates “personal freedom is guaranteed according to the Law, and it is unlawful to arrest, search, detain, or imprison any person or have his place of residence or freedom of movement or residence restricted except in accordance with the provisions of the Law”. Similarly

to many other countries in the region, Oman broadened the scope of “state security crimes” to include any form of political opposition or criticism of the Government. 141 6. Government crackdown has not been limited to political activists.

Ahmed al-Bahri, a teacher, was sentenced to one year imprisonment and a fine for his part in organising a teachers’ strike at the beginning of the school year in October 2013, despite pledges from authorities not to prosecute any of the strikers. 142 7. On 29th August 2014, Omani intelligence services inexplicably closed down the Elixir Cultural Salon, a book club and forum for public debates on current events and sensitive issues run by a group of young men and women in Sohar. The move echoes a similar crackdown on other cultural salons and lectures organised throughout the country.143

141 http://www.hrw.org/news/2014/09/08/omanstop-targeting-rights-critic 142 http://www.alaan.cc/pagedetails. asp?nid=216628&cid=46 [Alaan: Human rights violations in the Sultanate of Oman (Arabic Source)] 143 Ibid

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16. Qatar GENERAL, POLITICAL AND LEGAL OVERVIEW Unlike many other countries in the Middle East, Qatar faced very little domestic dissent in 2014. However, the need to introduce new legislations safeguarding human rights is still very much needed. Qatar joins many other Gulf States in its ratification of the antiterror convention. Due to the vague and broad definitions of ‘terrorism’, the Government is, in effect, able to imprison anyone who opposes its authority or law.

Qatar’s bid to host the 2022 FIFA World Cup has resulted in an influx of migrant workers to construct and prepare the associated infrastructure.

As a result, Qatar has been heavily criticised for its human rights violations towards migrant workers, who lack basic legal protection.

HUMAN RIGHTS VIOLATIONS Social and economic rights •

Migrant workers

Over the past decade, Qatar has become host to a rising number of migrant workers from Asia and Africa.

However, international organisations

have documented many human rights violations towards migrant workers including forced labour, withholding salaries, a lack of basic health and safety measures in the workplace and a lack of compensation for working overtime.

Qatar’s Law 14 of 2004, which regulates labour in the private sector, continues to be flouted by employers who act with total impunity on account of the failure of the authorities to enforce this, as well as other, pertinent laws.

Employers have exploited the Kafala (sponsorship) system to blackmail migrant workers and obtain concessions. Although Article 38 of the Qatari Constitution guarantees the right of all citizens to leave the country, Article 26 of Law 4 of 2009 stipulates that migrant workers must obtain an exit permit from their sponsor before travelling abroad.

Consequently, employers are known to regularly take control of migrant workers’ passports, making it impossible for them to leave the country. The Kafala system ties the migrant worker to his/her sponsor preventing him from obtaining a new job without the sponsor’s permission or, in extraordinary circumstances, a Ministry of Interior permit. Sponsors may report their employee to the authorities in cases where they leave without permission or when they fail to pay to renew their workers’ annual ID cards. Lack of proper documentation leaves migrant workers at risk of arrest, detention or deportation and/or further labour exploitation.

124 Migrant workers are also prohibited from taking part in strikes or joining unions, despite the fact that they make up more than 99% of the private sector workforce. They are also required to pay high fees to recruitment agencies.

The Government have failed to take any practical steps towards protecting migrant workers from paying exorbitant fees to recruitment agencies. Human rights organisations have documented many complaints from migrant workers including the failure to pay wages and/or late payments. Many migrant workers, predominantly those without documentation, are forced to live in camps that are cramped, unsanitary and lack ventilation.

Many human rights organisations are targeted for their investigations into the abuse of migrant workers. For example, on 31st August 2014, Qatari authorities detained two British researchers: Krishna Upadhyaya and Ghimire Gundev. Upadhyaya and Gundev, claim to work for the Global Network for Rights and Development, and were in Qatar investigating the conditions of migrant workers (our sources indicate this is a ficticious organisation funded by a Gulf country with a political agenda). They were released 11 days after their arrest and authorities claimed they had been held for “breaking the law”.

According to Human Rights Watch, the FIFA World Cup 2022 is a golden opportunity for Qatar to improve its labour laws and put an end to forced labour and reported human trafficking.

The right to freedoms of the press and expression •

Expression

A new draft of the Information and Media Law could further curtail freedom of expression in Qatar and cast doubt on their claim to be the centre for media freedom in the region. Although the new draft law does not criminalise media activities, Article 53 prohibits the dissemination of information that could damage Qatar’s relations with Arab and foreign countries, or insult the ruling family in a manner that damages national interests. Those convicted of such charges could face up to US $275,000 in fines.

In addition to this, on 15th September 2014, Qatar issued a law “on the suppression of cyber-crimes”, which poses a clear threat to freedom of expression. Vaguely worded provisions provide for the prosecution of individuals who publish “false news with the intent of endangering the public order” and who use the internet for terrorist activities. Anyone found guilty of such charges could face up to 3 years imprisonment and a fine of up to US $140,000.

Several incidents occurred in 2014 in relation to the crackdown on freedom of expression including the case of Mohammed al-Ajami, a Qatari poet, who was sentenced to life imprisonment for writing a poem which authorities claimed was an

125 insult to the Emir and encouraged an overthrow of the ruling family. The sentence was later reduced to 15 years.

There have been reports that al-Ajami is being held in solitary confinement.

126

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