Saturday, January 28, 2012

What We Left Behind in Iraq

By William Fisher

Human Rights Watch is charging that, despite U.S. government assurances that it helped create a stable democracy, the reality is that it left behind a “budding police state” -- cracking down harshly during 2011 on freedom of expression and assembly by intimidating, beating, and detaining activists, demonstrators, and journalists.

The organization’s Middle East and North Africa director, Sarah Leah Whitson, warns that “Iraq is quickly slipping back into authoritarianism as its security forces abuse protesters, harass journalists, and torture detainees.”

Its World Report 2012 attributes the downward trajectory to the security services of Prime Minister Nuri al-Maliki” and armed gangs.

The report notes that in February, HRW “uncovered a secret detention facility controlled by elite security forces who report to the military office of the Prime Minister. The report added, “The same elite divisions controlled Camp Honor, a separate facility in Baghdad where detainees were tortured with impunity.”

The 676-page report report says, “Given the violent forces resisting the “Arab Spring,” the international community has an important role to play in assisting the birth of rights-respecting democracies in the region.”

The report documents a wide range of human rights abuses. For example, it says, “In the weeks before the last convoy of US troops left Iraq on December 18, Iraqi security forces rounded up hundreds of Iraqis accused of being former Baath Party members, most of whom remain in detention without charge.”

The pullout of U.S. troops has been marked by an “apolitical crisis and a series of terrorist attacks targeting civilians that have rocked the country.” But Iraqi-on-Iraqi violence is not new and is unconnected to the US exit. A number of US Embassy cables released by Wikileaks refer to the torture of prisoners in Iraqi custody and of knowledge of some of it by US troops.

The annual report, which covers the state of human rights in some 90 countries, says that, during nationwide demonstrations in Iraq to “protest widespread corruption and demand greater civil and political rights,” security forces “violently dispersed protesters, killing at least 12 on February 25, and injuring more than 100. Baghdad security forces beat unarmed journalists and protesters that day, smashing cameras and confiscating memory cards.”

Earlier in the year, “in one of the worst incidents, government-backed thugs armed with wooden planks, knives, and iron pipes, beat and stabbed peaceful protesters and sexually molested female demonstrators as security forces stood by and watched, sometimes laughing at the victims,” the report charges.

In May, the report says, the Council of Ministers approved a Law on the Freedom of Expression of Opinion, Assembly, and Peaceful Demonstration, which “authorizes officials to restrict freedom of assembly to protect ‘the public interest’ and in the interest of ‘general order or public morals.’ This law still awaits parliamentary approval.

HRW comments that freedom of expression fared little better as “security forces routinely abused journalists covering demonstrations, using threats, arbitrary arrests, beatings, and harassment, and confiscating or destroying their equipment.”

On September 8, the report says, “An unknown assailant shot to death Hadi al-Mahdi, a popular radio journalist often critical of government corruption and social inequality, at his home in Baghdad. Immediately before his death, HRW says al-Mahdi had received several phone and text message threats not to return to Baghdad’s Tahrir Square, which was the focal point for the weekly demonstrations.”

Earlier, after attending the February 25 “Day of Anger” mass demonstration, security forces arrested, blindfolded, and severely beat him and three other journalists during a subsequent interrogation,” HRW says.

In January 2012, HRW says it “observed that Iraqi authorities had successfully curtailed the Tahrir Square anti-government demonstrations by flooding the weekly protests with pro-government supporters and undercover security agents. Dissenting activists and independent journalists for the most part said that they no longer felt safe attending the demonstrations.”

The report continues, “Prison brutality, including torture in detention facilities, was a major problem throughout the year. In February, Human Rights Watch uncovered, within the Camp Justice military base in Baghdad, a secret detention facility controlled by elite security forces who report to al-Maliki’s military office.”

Beginning in late 2010, the report charges, Iraqi authorities transferred more than 280 detainees to the facility, which was controlled by the Army’s 56th Brigade and the Counter-Terrorism Service.

HRW added that “the same elite divisions controlled Camp Honor, a separate facility in Baghdad where detainees were tortured with impunity. More than a dozen former Camp Honor detainees told Human Rights Watch that detainees were held incommunicado and in inhumane conditions, many for months at a time. Detainees said interrogators beat them; hung them upside down for hours at a time; administered electric shocks to various body parts, including the genitals; and repeatedly put plastic bags over their heads until they passed out from asphyxiation.”

HRW also weighed in on the human rights situation in Iraqi Kurdistan. In what it called the “Silenced Spring,” HRW’s Samer Muscati recounts that the Kurdistan Regional Government “promised a new era of freedom for Iraqi Kurds, but it seems no more respectful of Kurdish rights to free speech than the government that preceded it.”

He added, “In a time when the Middle East is erupting in demands to end repression, the Kurdish authorities are trying to stifle and intimidate critical journalism.”

In March, Human Rights Watch interviewed more than 20 journalists in Kurdistan covering the protests and found that security forces and their proxies routinely repress journalists through threats, arbitrary arrests, beatings, and harassment, and by confiscating and destroying their equipment.

And Iraqi authorities appear to be pulling no punches. Zana Ali Ghazi, 32, a reporter for the Kurdistan News Network (KNN), a satellite television channel affiliated with the Kurdish opposition party, Goran, said that while he was trying to report on a protest in the city of Saeed Sadiq on March 15, “eight armed men, some in uniform, cracked three of his ribs and beat him with wooden clubs and Kalashnikovs until he lost consciousness. ‘They told me that if I continued to cover this type of news, they would kill me’,” Ghazi told HRW.

Kurdistan authorities have repeatedly tried to silence Livin Magazine, one of Iraqi Kurdistan's leading independent publications, and other media. The international community should end its silence and condemn these widening attacks, Human Rights Watch said.

A Livin reporter told Human Rights Watch that when he called the Minister of Peshmerga (Kurdistan security forces), on April 24, the minister threatened Livin's editor, Mira, with death. The reporter says the conversation is on tape but that no one from the Iraqi authorities had made any move to investigate.

In Sulaimaniya on the night of May 11, security forces detained and beat a Kurdistan News Network reporter, Bryar Namiq, breaking his hand.

In Arbil, two journalists, who HRW says are afraid to be named for fear of reprisal, charged that on May 18 eight men in civilian clothes chased after them in late April. The men appeared in two vehicles on the street just before the journalists were supposed to meet with a regional official who had asked for a meeting with some members of the media.

HRW says the journalists believe that the men were plainclothes security forces who were aware of the meeting and were trying to kidnap them.

The HRW Report says that Soran Umar, a protest organizer and freelance journalist, has been in hiding since April 19. "I have not slept at home since then," he told Human Rights Watch on May 17. "My sin is that I am criticizing the undemocratic acts of KRG and the two ruling parties, that is all. The security forces have tried to kidnap me, and they have ordered my arrest. They even tried to kidnap my son."

These examples appear to be a small fraction of abuses carried out by Iraqi government authorities against journalists -- Reporters Without Borders has tallied 44 physical attacks against media workers and outlets and 23 arrests.

Which prompted this thought from HRW’s Sarah Leah Whitson: "Eight years after the United States removed Saddam Hussein in the name of protecting the rights of Kurds, it is standing by silently as the government it
helped to install in Kurdistan abuses and represses the population. US President Obama noted in his speech on May 20 the flourishing democracy in Iraq, but the reality is that government-sponsored fear and
repression continue to fester there."












Tuesday, January 24, 2012

The Man Who Refuses Silence

By William Fisher

The Spanish Judge whose work triggered the investigation that nabbed Chilean dictator Augusto Pinochet back in 1998 believes that Spain could bring charges against six Bush Jr. administration officials for clearing the way for the use of torture during the Iraq war – but he is being blocked by charges making him the culprit.

On 17 January 2012, Al Jazeera reported that Spanish judge Baltasar Garzon had "gone on trial in the country’s supreme court on [three separate] charges of abusing judicial powers."

According to West Chester University history professor Lawrence Davidson, Spanish and US authorities want even the remotest possibility of charges against Bush Administration officials to go away – quietly. To this end Spain is attempting to silence “a very important truth-teller (who has) conducted a number of investigations into violations of international law against torture.”

The truth-teller is Baltasar Garzón Real, 57, the Spanish jurist who in 1998 obtained a request for the extradition from the UK of former Chilean president, General, Augusto Pinochet, for the alleged deaths and torture of Spanish citizens. The former dictator was undergoing medical treatment in London.

Garzón was indicted in April 2010 for exceeding his authority when investigating crimes committed by the Franco regime that were included in an amnesty, and suspended on 14 May 2010, pending trial. He has been given permission to work as a consultant at the International Criminal Court.

Garzon used the principle of universal jurisdiction to go after Chilean dictator Augusto Pinochet back in 1998, and said in March 2009 that Spain could now use the same principle to bring charges against Bush Jr. officials.

He charged that, “At least four men who are Spanish citizens, and also former prisoners at the Guantanamo Bay prison, have accused the U.S. military of torturing them.”

It was at this point, Davidson claims, that the U .S. government appears to have placed Garzon in a category that would also include WIKIleaks case figures, (Pfc. Bradley) Manning and impresario Julian) Assange – “the category of the dangerous truth-teller.”

Davidson notes that the U.S. Ambassador to Spain in 2009, Eduardo Aguirre, describes his actions (in a diplomatic cable made public by Wikileaks in 2010) in relation to the Garzon investigation as follows, "...behind the scenes we have fought tooth and nail to make the charges disappear."

Davidson says the significant word here is "disappear" for “there are two approaches to suppressing an unwanted truth. The first is to create a counter-story that makes the truth appear untrue. The second is to simply suppress all evidence, all references, all interest so that the particular truth just ‘disappears’."
 
He declares that the U.S. ambassador, Eduardo Aguirre, “managed to get the cooperation of Spain’s Chief Prosecutor, Javier Zaragoza, who is quoted in another U.S. diplomatic cable (also made public by Wikileaks) to the effect that he had a plan to ‘embarrass’ Garzon into dropping his case against the Bush officials by misrepresenting Garzon’s actions in previous cases. This sounds like a bit of blackmail.”
 
However, he adds, Garzon did not relent and now he is on trial for "abusing judicial powers" in this and other cases.

Garzon and his supporters, which include almost every human rights group on the planet, claim that the charges are politically motivated and, “to be sure, the entire affair appears similar to the questionable rape charge facing Assange in Sweden.”

Davidson documents that the U.S. Ambassador to Spain in 2009, Eduardo Aguirre, described his actions (in a diplomatic cable made public by Wikileaks in 2010) in relation to the Garzon investigation. He wrote:

"...behind the scenes we have fought tooth and nail to make the charges disappear." The significant word here is "disappear" for there are two approaches to suppressing an unwanted truth. The first is to create a counter-story that makes the truth appear untrue. The second is to simply suppress all evidence, all references, all interest so that the particular truth just "disappears."

Davidson says, “This is precisely the outcome the U.S. government would like to see.”
 
He notes that Aguirre managed to get the cooperation of Spain’s Chief Prosecutor Javier Zaragoza, who is quoted in another U.S. diplomatic cable (also made public by Wikileaks), to the effect that he had a plan to "embarrass" Garzon into dropping his case against the Bush officials by misrepresenting Garzon’s actions in previous cases. “This sounds like a bit of blackmail,” Davidson says.
 
He adds that Garzon did not relent and now he is on trial for "abusing judicial powers" in this and other cases.

“Garzon and his supporters, which include almost every human rights group on the planet, claim that the charges are politically motivated and, to be sure, the entire affair appears similar to the questionable rape charge facing Assange in Sweden,” Davidson charges.

In the case of Garzon, the Spanish Public Prosecutor (different than the Chief Prosecutor) has recommended acquittal on all three charges and yet there is still serious doubt that this will happen. If he is found guilty on any of the charges, Garzon "could be banned from serving as a judge for 20 years, in what would be a career-ending blow.”

Davidson says, “This is precisely the outcome the U.S. government would like to see.”
 
The good news is that this battle to silence Garzon” has not yet intimidated all other Spanish judges.” On January 20, another Spanish judge , Pablo Rafael Gutierrez, took up the case of the former Spanish citizens who allege torture at Guantanamo Bay. This judge, again used the principle of universal jurisdiction, and noted that the United States government has consistently refused to investigate the Spanish citizen’s charges.
 
James Goldston, the executive director of Open Society Justice Initiative, described the situation this way, "These crimes [such as torture] are universal crimes and it is very clear that until the United States holds to account those responsible for these crimes, other judicial actors in other countries are going to press for accountability."

Davidson concurs. He says, “The most powerful and influential government in the world, the one with its capital in Washington, D.C., is going to fight to halt these foreign efforts. And so, we have a war that seeks to replace the truth with either lies or historical black holes.”
 
“One of the major themes of George Orwell’s classic novel, 1984, is the control of information…if government can control all media and all public records it can either impose a lie as truth or simply make selected past events disappear from society’s collective memory,” Davidson recalls.

"Who controls the past...controls the future: who controls the present controls the past." Is this not what the United States government is trying to do in the case of its policy of torture: manipulate and hide the truth so people will ignore it and then forget it? And is this not what almost every country tries to do relative to their present crimes or those embedded in their pasts?
 
Davidson finds it “really amazing just how common this sort of manipulation is. And, the reason it is relatively easy for governments to get away with it is because the average man and woman cares mainly about little truths and not big ones.”

He continues: “Little truths are local truths. Don’t be misled to think that little means unimportant because that is not the case. Little truths are the truths that make possible successful daily interactions and that, of course, makes them very important indeed. Thus, one major reason life can go on relatively smoothly is that, most of the time, you can take as true what others tell you. That this is so means we can rely on friends, have stable relationships with spouses and children, and maintain successfully operating offices, business arrangements, etc. When the little truths start to become lies, these relationships break down.”
 
And finally, “Alleged big truths are the ones governments and the major media outlets tell the masses. When the U.S. government tells its citizens that unregulated capitalism will make the nation strong and prosperous, or that there must be a war to prevent Iraq from using weapons of mass destruction; when the major American media outlets tell their viewers and readers that Iran is pursuing nuclear weapons or Israel is ‘just like us’," they are shaping perceptions that are not just local but regional and national. The problem is that, historically, most alleged big truths turn out to be big lies.”
 
He concludes: “Yet truth-tellers, like Manning, Assange and Garzon have good historical memories and they do notice and do care. They realize that when big truths turn out to be big lies people suffer–they suffer in the millions, bombs range down from the skies, economies falter and the public sphere of life becomes like a poisoned well. That is why accountability for the crimes hidden behind big lies is so important. That is why no government, no politician, no media organization should be allowed to manipulate the truth about the past or the present. On this the future depends.”

Saturday, January 21, 2012

The Royal Stall

By William Fisher

While unarmed civilians die on Bahrain’s streets, the king of the tiny oil-rich nation continues to tell his people he is eager for dialogue and refuses entry to a prominent human rights champion from the U.S.

Denied a visa was Richard Sollom, deputy president of the US-Based Physicians for Human Rights (PHR), who was hoping to attend the trial of doctors and nurses that treated injured protestors during months of unrest last year.

He left for Dubai, from where he told The Washington Post, “I am quite stunned. This was the first time a member of an international rights organization came to Bahrain after authorities promised to respect human rights and told us we can come and see for ourselves.

“We can see now that not much has changed,” he added.

Sollom thus became the second huan rights executive to be denied entry to Bahrain. Brian Dooley of Human Rights First, a major US-based human rights organization, applied for a visa but received a letter from Bahrain’s Minister for Human Rights and Social Development, Fatima Al Booshi, on January 11th suggesting he should delay his entry until the end of February.

In his reply, Dooley reminded the Minister that she told him on November 24th 2011 that non-government organizations (NGOs) would have access to Bahrain if they gave “five days’ notice of their arrival”. Brian informed the “Human Rights” Ministry of his proposed visit next week, on December 20th.

Bahrain’s Foreign Minister, Sheikh Khalid bin Ahmed bin Mohammed Al-Khalifa, also assured human rights groups that NGOs would have “unfettered access to Bahrain.”
In his letter to the Minister, Dooley also noted that, at the release of the Bahrain Independent Commission of Inquiry (BICI) report in November, King Hamad had assured the world that ‘any Government which has a sincere desire for reform and progress understands the benefit of objective and constructive criticism,’ and that the day of the report of the BICI report ‘turns a new page of history.’ ”

Calling this a backward step for the Kingdom, Faisal Fulad, President of the Bahrain Human Rights Society (BHRWS), said: “His Majesty the King has made it clear that Bahrain has nothing to hide when he opened the country up to the world in October, facing the truth of an independent commission which reported last year’s democratic protests.”

He added: “So why are we now back to this? By not allowing a human rights activist to enter the kingdom, we are giving conflicting messages to the world that will now be asking, once again - is Bahrain a free and democratic country or not?”

He suggested a “return to an offer of talks put on the table last March” by the Crown Prince and the Deputy Supreme Commander.” Members of the opposition have made similar calls.

The Crown Prince had proposed a National Dialogue that included talks on seven key points: A parliament with full authority; a government that represents the will of the people; a review of naturalization; fair voting districts; the combating of corruption; state property; and addressing sectarian tension.

Bahrain’s King and his family are Sunni Arabs. Most of the Bahraini population consists of Shia Muslims and foreign workers. The Shias have long-standing complaints of discrimination against them in jobs, housing and social acceptance.

“Bahrain’s leadership has taken many brave steps forward in the last year to show that democracy is alive in the kingdom, but this move seems to take us back to stage one,” Fulad said, adding:

"I believe this is a time for the second phase of dialogue and to concentrate on HRH the Crown Prince's seven points. At the same time, reforms should be stronger so that people will believe reform is happening."

Meanwhile, human rights defenders, medics, students and others targeted by the Bahraini government in its crackdown on pro-democracy efforts continue to face abusive detention despite growing calls for their release.

One of those calls came from United Nations High Commissioner for Human Rights Navi Pillay called for the unconditional release of all Bahraini detainees imprisoned after a military trial. Human Rights First (HRF) noted that the Bahraini government had failed to comply with that request and, in fact, “is taking steps to delay the appeals of those accused.”

“Yesterday, a group of students from the University of Bahrain who were sentenced to 15 years each by the military court had their appeal hearing postponed until March. Five of them remain in Bahrain’s Jaw Prison,” said HRF’s Dooley.

“Their case and others like it make clear that Bahrain’s leaders are ignoring key calls for reform issued by Commissioner Pillay and even the Kingdom’s own Bassiouni Commission,” he said.

In addition to the students, the Bahrain regime continues to contest the appeals of others sentenced by the military court, including 20 medics who appear to have been prosecuted for treating injured protestors and telling the media about the nature and extent of injuries.

Dr. Nada Dhaif is one of the medics sentenced to 15 years after a trial in military court. Dr. Dhaif was summoned by the police for a four-hour interrogation on December 25. During that interrogation, she was warned to keep a low profile, an apparent government response to her decision to speak with the media and human rights organizations about how she and others were tortured in detention.

Dr. Dhaif told Dooley, “I am being targeted for telling the world the continuing truth about Bahrain. Members of my family are also being harassed by the regime. I have only ever advocated peaceful reform but am being threatened for my human rights advocacy.”

Local human rights activists also report ongoing concerns about treatment in custody. Hassan Oun, aged 18, was rearrested today after speaking to a local human rights organization. During previous interrogations, Oun said he was raped by a security officer.

That officer allegedly later called Oun after his release and threatened to rearrest him and rape him until he died. According to Maryam Al
Khawaja of the Bahrain Centre for Human Rights, Oun was recently arrested again in what she said was revenge against him for speaking to their center.

Every indication points away from the Royal Family’s willingness to engage in discussions of reform and reverse the variety of heinous human rights abuses committed by the country’s security apparatus.

For most democracies in the international community, the King’s double-dealing has triggered a profound sense of disappointment and betrayal. Hopes soared high when the King, in a first-of-a-kind move in the Middle East, commissioned and accepted a genuinely independent report prepared under the leadership of a distinguished judge from Egypt. That report found that Bahrain was guilty of unacceptable human rights violations, including widespread torture in detention.

The King urged dialogue. But that word is not being heard much these days. It seems obvious that His Highness is attempting to sandbag the world, stalling for time.

Meantime, little is being heard from the US, where President Obama finds himself between a rock and a hard place. Bahrain is of strategic importance to American interests, as it is not only a supplier of oil, but host to the US Fifth Fleet.

Bahrain has hired a small army of PR people in the US and the UK to promote the notion that the “unrest” is over. No need to worry about it anymore. These communications gurus also want to see the Bahrain Grand Prix, the Kingdom’s Formula One racing event, rescheduled. It was cancelled earlier because of the violence in the country.

But now, there is an opportunity for the folks who supervise Formula One to show the world that the unrest was never over and is far from being over now. Just last week, two children died from inhaling tear gas fired at them by the security forces.

Formula One can honor these children and demonstrate that there are things more important than money. Helping to ensure the basic rights of a people is surely one of those things. And if Bahrain really values Formula One for its tourism and economic development, that gives the organizers enormous leverage.

We need to urge them to use it.

Thursday, January 19, 2012

Baradei’s Anguish

By William Fisher

After months of performing like Egypt’s Cinderella leader, jet-setting between Cairo and his old home in Vienna, Mohamed ElBaradei has finally reached the limits of his frustration.

At a press conference last week, ElBaradei said the Supreme Council of the Armed Forces, which took over from Mubarak, had governed "as if no revolution took place and no regime has fallen".

"My conscience does not permit me to run for the presidency or any other official position unless it is within a democratic framework," the former head of the UN nuclear watchdog said.

His surprise resignation came as a protest to the ruling military council's failure to put the country on the path to democracy. The Supreme Council of the Armed Forces, a group of the Egypt’s highest military officers, took over as “interim rulers” of the country immediately after the February 11 resignation of 30-year-dictator Hosni Mubarak, Mubarak, now 83 years old, is currently on trial along with a number of high-level political and military figures for corruption and for killing peaceful demonstrators in Tahrir Square, where the Arab Spring revolution was born.

In the pre-Tahrir Square days, ElBaradei was among prominent Egyptians constantly mentioned for the post of president, should the revolution succeed. He played a somewhat coy game during this period, expressing reservations about taking on the monumental task of leading his countrymen into a new era of non-corrupt, transparent and responsive government.

The Nobel laureate, regarded as a driving force behind the movement that forced the former president Hosni Mubarak to step down, told the Guardian newspaper that the conditions for a fair election were not in place.

With Parliamentary elections to the lower house over, and the parties of the Muslim Brotherhood and the yet more conservative Salafists winning more than enough seats to effectively control the lower body, it was highly doubtful that ElBaradei could have won enough support from the Liberal parties to gain the presidency.

But it would be a big mistake to count the Nobel-prize-winner out just yet. The historic journey along Egypt’s road to good governance has barely begun.

The polished international diplomat again called on the SCAF and their puppet civilian government to move with all possible speed to enact fundamental political reforms. The citizens of the Arab world's largest nation were "yearning desperately for economic and social change" and that without drastic improvements, a "Tunisia-style explosion" in Egypt would be unavoidable, he told the Guardian.

Nearly half of the country's 80 million citizens live on less than £1.25 a day, and despite record GDP growth the majority of the population has become poorer in real terms over the past 20 years. Unemployment is epidemic, Graduates with PhD degrees are driving taxies or working as waiters. Many of the members of the last two graduating classes of Cairo University have never held any job for which they were trained.

However, Baradei has rejected the idea of a “second revolution” – a huge gathering in Tahrir Square, much like those of the recent past – because of the very real possibility of widespread violence and death.

Tuesday, January 10, 2012

Rights Group Slams Governments for "Double Standard" on Arab Spring

By William Fisher

Predicting that the current Middle East unrest would continue through 2012, Amnesty International is slamming Western governments for their tepid responses to peaceful protests, for their “double standard,” and for being more concerned with preserving their political and economic interests than with the historic changes sweeping the region.

The charges are being made in a new Amnesty report, “Year of Rebellion: State of Human Rights in the Middle East and North Africa.”

The Report says, “Many powerful governments performed political somersaults or continued to ignore human rights violations in the region.” They “sought to protect their own political and economic interests” through the varying and inconsistent reactions of foreign powers saying they were looking out for their own instead of truly looking after protesters dying in pursuit of legitimate freedoms and rights.”

It says there was an initial reluctance to support the protest movements by western governments, citing the initial silence of the French government on Tunisia and the US administration on Egypt. The US supported Mubarak until his “refusal to resign risked a much deeper social revolution and a much greater threat to the status quo in the region.”

The report was also critical of the UN’s responses, despite the gross human rights violations perpetrated against peaceful protesters across the region.

Amnesty International has three million members and supporters in more than 150 countries.

It contrasted the UN Security Council’s fast response after Libya’s uprising took off, sanctioning a no-fly zone and airstrikes (which it then said surpassed its mandate to “protect civilians”), and the slow and non-existent responses when it came to Syria and Bahrain.

The report also cited the late condemnation by the Security Council of human rights violations in Yemen, saying that it urged Yemen’s Ali Abdullah Saleh to sign a power transfer deal which granted him immunity, an act prohibited by the UN Secretary General’s directives, it argued. That deal was approved by the Yemeni parliament yesterday.

Nor did the European Union’s (EU) response escape criticism. The report said, “The initial reaction [of the EU] was limited to sanitized statements calling for restraint by all sides and negotiations.”

It added: “The EU continued its long-standing relations with repressive states in the region and opted for diplomatic advances rather than openly condemning human rights violations,”

It said that the EU’s belated offers of financial support for pro-democracy and pro-human rights – while a positive development – is seemingly being stalled by the EU.

It blamed the EU for continuing its policies that subordinated human rights to trade and energy interests, which led it to provide political and financial support to authoritarian governments in the Middle East and North Africa.

Amnesty focused special attention on what it called the “double standards” it claimed are present across all the major uprisings taking place in the Arab World in 2011.

The “disjuncture between the words and deeds of powerful governments and institutions were exposed and undermined. It can only be hoped that the year of rebellion signals an end to policies that put an illusory ‘stability.’

Mideast protests and government repression will continue through 2012, the organization predicted.

"With few exceptions, governments have failed to recognize that everything has changed," Philip Luther, Amnesty International's interim Middle East and North Africa director, said in the report.

"The protest movements across the region, led in many cases by young people and with women playing central roles, have proved astonishingly resilient in the face of sometimes staggering repression.

"They want concrete changes to the way they are governed and for those responsible for past crimes to be held to account. But persistent attempts by states to offer cosmetic changes, to push back against gains made by protesters or to simply brutalize their populations into submission betray the fact that for many governments, regime survival remains their aim," he said.

The 80-page report, which describes 2011 as “historic” and “tumultuous,” discusses the rights issue in each country where uprisings, protests and countering repression took place. Other subjects such as promoting human rights in the region and what the organization has achieved on the ground during the revolutions are also included.

Most of the countries currently in turmoil were singled out for criticism.

In Egypt, Amnesty found that the military rulers had been responsible for abuses that were "in some aspects worse than under Hosni Mubarak". About 84 people had died under violent suppression between October and December last year, while more civilians had been tried before military courts in one year than under 30 years of his rule, it said.

In Tunisia, it was "critical" that a new constitution was drafted to ensure it guaranteed protection of human rights and equality under the law, the report said.

Amnesty also criticized international powers and regional bodies for "inconsistencies" in their response to the situations in Libya, Syria and Bahrain, and of "failing to grasp the depth of the challenge to entrenched repressive rule".

The report noted that Bahrain set up acommittee to investigate what happened during the unrest and brutal crackdown, by commissioning an independent inquiry. The inquiry’s results, reported in October 2011, criticized the government for using excessive force and torture, as well as making arbitrary arrests. This critcism was accepted by the King, who vowed to make amends and punish culprits. He said that the time for action is now, while the people still have hope for a new future….”

Amnesty International, in its statement said, “The call for justice, freedom and dignity has evolved into a global demand that grows stronger every day. The genie is out of the bottle and the forces of repression cannot put it back.”

Monday, January 09, 2012

Saudis to Reinforce Crackdown on Peaceful Protesters, Amnesty Says

By William Fisher

The Arab Spring has been greeted in Saudi Arabia by "a new wave of repression" that saw authorities arresting and imprisoning peaceful protesters demanding political reforms. Now, the Saudi crackdown may be reinforced by a draft anti-terror law that would effectively criminalize dissent as a "terrorist crime."

In a new 61-page report, "Saudi Arabia: Repression in the Name of Security," Amnesty International (AI) said authorities have "used security concerns to justify the arrest of hundreds of people who have been imprisoned after unfair trials." The draft anti-terror law would further strip away rights from those accused of such offenses, Amnesty said.
"Peaceful protesters and supporters of political reform in the country have been targeted for arrest in an attempt to stamp out the kinds of call for reform that have echoed across the region," said Philip Luther of AI.

"While the arguments used to justify this wide-ranging crackdown may be different, the abusive practices being employed by the Saudi Arabian government are worryingly similar to those which they have long used against people accused of terrorist offenses," he said.

AI said that the government "continues to detain thousands of people, many of them without charge or trial, on terrorism-related grounds. Torture and other ill-treatment in detention remain rife." In April 2011, an Interior Ministry spokesperson said that around 5,000 people connected to the "deviant group," meaning al-Qa'ida, had been questioned and referred for trials, Amnesty said.

Meanwhile, Saudi troops continue to serve in Bahrain on behalf of the Gulf Cooperation Council (GCC), helping the rulers of the tiny oil-rich monarchy to put an end to many months of peaceful demonstrations seeking reform.

In a statement following AI's release of the draft law, the Saudi government said it "absolutely has a responsibility to protect the public from violent attacks, but that has to be done within the boundaries of international law." It said the new draft law is designed "to assist Saudi Security forces in tackling terrorist activity."
But AI charges it would "allow the authorities to prosecute peaceful dissent as a terrorist crime."

The organization says it has obtained copies of the Draft Penal Law for Terrorism Crimes and Financing of Terrorism. It says, "If passed it would pave the way for even the smallest acts of peaceful dissent to be branded terrorism and risk massive human rights violations."

A Saudi Arabian government security committee reviewed the draft law in June but it is not known when or if it might be passed.

AI says that since February, when sporadic demonstrations began - in defiance of a permanent national ban on protests -- the government carried out a crackdown that included the arrest of hundreds of mostly Shi'a Muslims in the restive eastern province. Since March over 300 people who took part in peaceful protests in al-Qatif, al-Ahsa and Awwamiya have been detained.

Khaled al-Johani, 40, the only man to demonstrate on the March 11 "Day of Rage" in Riyadh, was swiftly arrested. He told journalists he was frustrated by media censorship in Saudi Arabia. Charged with supporting a protest and communicating with foreign media, he is believed to have been held in solitary confinement for two months, Amnesty said.
"Nine months later, he remains in detention and has not been tried. A number of people who have spoken up in support of protests or reform have been arrested. Sheikh Tawfiq Jaber Ibrahim al-'Amr, a Shi'a cleric, was arrested for the second time this year in August for calling for reform at a mosque. He has been charged with "inciting public opinion," AI said.

On November 22, 16 men, including nine prominent reformists, were sentenced to five to 30 years in prison on charges they formed a secret organization, attempted to seize power, financed terrorism as well as incitement against the King and money laundering.
Amnesty says their trial, which began in May, was grossly unfair. "The defendants were blindfolded and handcuffed and their lawyer was not allowed to enter the court for the first three sessions," AI said. "Unless it were radically altered, the proposed draft anti-terror law would make the current situation even worse, as it would entrench and make legal the very worst practices we have documented," according to AI's Luther.

The draft law allows for suspects to be held in incommunicado detention for up to 120 days, or for longer periods - potentially indefinitely - if authorized by a specialized court.
Under the draft law, terrorist crimes would include such actions as "endangering...national unity", "halting the basic law or some of its articles", or "harming the reputation of the state or its position".Violations of the law would carry harsh punishments. The death penalty would be applied to cases of taking up arms against the state or for any "terrorist crimes" that result in death.

Amnesty charges that a number of other key provisions in the draft law run counter to Saudi Arabia's international legal obligations, including those under the UN Convention against Torture.

Amnesty is calling on King Abdullah to "reconsider this law and ensure that his people's legitimate right to freedom of expression is not curtailed in the name of fighting terrorism."

Prof. Chip Pitts of Stanford and Oxford, former Chair of Amnesty International USA, commented on the proposed new law. "Having just renewed the USA Patriot Act, the United States has sadly continued to set the stage for and model such counterproductive, harsh, and illegal approaches, and undermined its ability to credibly and effectively question them," he said, adding:

"The myopic and reactionary approach taken in the new Saudi draft law, which would violate the country's obligations under international human rights law, shows that the Kingdom is battening down the hatches and preparing for a long period of continued feudal rule that contradicts the very premises of expanding human rights that have swept the world in recent centuries."

"Neglecting the lessons of the Arab Spring - that repression ultimately breeds instability and violence - the Saudi regime apparently prefers to look backwards to an error of medieval justice and absolute monarchical power which brooks no dissent. Such backwardness condemns the Saudi regime to greater isolation over time, and the Saudi people and businesses to constricted options for economic and social development, unless wiser heads prevail and move toward more progressive instead of regressive laws," he said.
Prof. Lawrence Davidson, who teaches history at West Chester University, sees the proposed new law in its longer-term context.

He said, "Laws like this essentially blur the lines between the criminal and the authorities. It makes it much harder to tell who is who. Presently, there are two aspects to Saudi power: Force of questionable legitimacy and the ability to buy the loyalty of a portion of their population. In a couple of generations the latter may well go away and then former will probably prove insufficient. This law will not lessen the probability that last of the Saudi royal line dying in exile."

Sunday, January 08, 2012

Too Good to be True? Yep!

By William Fisher

It was going to be a real long-shot, with million-to-one odds.

It was going to be the first time in living memory that the King of a country commissioned and funded a truly independent report on the widespread civil strife taking place in his country, personally heard the authors tell him his army was killing its own people and the police were torturing citizens they took into custody.

More amazing still, the King expressed ignorance of these dreadful actions, accepted the report, and promised reform.

As Steve Royston commented in Voice of the Middle East, “The report is extraordinary in that it deals with events so recent. In the United Kingdom it took a quarter of a decade for the government to commission an inquiry into the events in Londonderry known as Bloody Sunday. The Chilcot Inquiry into the circumstances of the Iraq war of 2003 is not due to report until 2012. Truth and reconciliation commissions in a number of countries where human rights abuses have taken place typically review events from many years in the past.”

The report, prepared by a team headed by a distinguished Egyptian judge, Cherif Bassiouni, was presented to the Sunni monarch, King Hamad bin Isa Al Khalifa of Bahrain, on November 23rd 2011. Today is January 7, 2012. What has happened since?

A 15-year-old teenager was killed by a tear gas canister manufactured in the US and sold to the Bahraini regime. The boy was shot at close range by security forces during an anti-regime protest in Sitra, a town southeast of the capital Manama, on the last day of 2011.
Later, his funeral turned violent after security forces fired tear gas to disperse mourners. Dozens of people have been killed since the beginning of the peaceful demonstrations in February 2011.

An infant and a mother died from inhaling toxic tear gas fumes. Saudi- backed riot police attacked teenage protester stabbed him with a knife during a protest in Malkiya village.
Thousands have been arrested and many of them suffered torture at the hands of the police. Even more thousands have been fired from their jobs for participating in peaceful demonstrations. Students have been dismissed from the University for the same reason.

A large number of doctors and nurses have been imprisoned and sentenced to absurdly long sentences for providing hospital care for people who were injured in the protests.
The country’s leading opposition party said, the courts “are still sentencing the victims with harsh verdicts in cases related to the right of speech and the right of peaceful rallying, no week passes by without a number of victims whose right of freedom and physical integrity are being violated by these verdicts.”
All of those arrested and imprisoned are Shia Muslims, as it the majority of the Bahraini population.

There is more, much more that could be written about the brutality and the mindless roundups of ordinary Bahrainis who started their campaign seeking reforms from the King, but hardened into non-negotiable abdication when the King – or whoever in the Palace is giving the orders – continually ramped up the campaign of repression.

But the Royal Family was not idle. It hired Miami police chief John Timoney, known for his trampling on civil rights of protesters to the 2003 Free Trade Area of the Americas.
It also hired a covey of high-priced public relations firms and communications consultants to do what PR people do: attempt to spin a positive narrative of the All the King’s Men that would supplant the images of soldiers firing tear gas and live ammo on peaceful demonstrators, including women and children.

One of the early fruits of this initiative was an Op-Ed in the conservative Washington Times. The piece appeared under the byline of the King himself. His piece extolled the economic opportunities awaiting foreign investors in peaceful Bahrain. Of the current conflict, he wrote, “Unfortunately, the legitimate demands of the opposition were hijacked by extremist elements with ties to foreign governments in the region.”

But then Justin Elliott at Salon reported that a top executive at Lockheed Martin recently worked with lobbyists for Bahrain to place the op-ed. But the newspaper didn’t bother to tell its readers of the role of the regime’s lobbyists. So how could they know that the pro-Bahrain opinion column they were reading was published at the behest of … Bahrain?

The link between Bahrain and Lockheed Martin isn’t complicated: Each year defense contractor sells hundreds of millions of dollars worth of military hardware to the tiny island kingdom. This was Washington-style Customer Service 101.

The Crown Prince has also been active, traveling to Washington for consultations with the US State Department and a meeting with President Obama, for whom Bahrain has a special strategic priority because it’s the home of the US Fifth Fleet (the fleet now in the center of the dispute with Iran over access to the Strait of Hormuz, in the Persian Gulf).

Obama, seeming to walk on eggs for fear of offending America’s friends, the Saudis, evenhandedly expressed the hope that the government and the people of Bahrain would be able to resolve their differences peacefully.

Seemingly, the only concrete action taken by the Obama Administration was to hold up a scheduled shipment of arms to Bahrain.
So, it seems to me there is only one reasonable conclusion to be drawn from the current perilous situation in Bahrain: The promise of dialogue and reform from His Majesty is rapidly gaining all the credibility of one of Yemeni president Ali Abdullah Saleh’s resignation letters.

Saturday, January 07, 2012

Who Puts Kids in the Slammer for Life? We Do!

By William Fisher

You probably know that the United States has more people in the slammer than any other country in the world. The staggering number is 2.3 million. China, which has four times as many people as the US, is a distant second with 1.6 million prisoners.

What you may not know is that the US also tops the charts in the numbers of youth offenders serving life without parole sentences in adult US prisons. The score? The world: 0; the US: 2,570.

Right. The US is only country in the world that incarcerates people in adult prisons for crimes they committed when they were below the age of 18.

Furthermore, those prisoners experience conditions that violate fundamental human rights. That’s the depressing conclusion of a new study by Human Rights Watch, “Against All Odds: Prison Conditions for Youth Offenders Serving Life without Parole Sentences in the United States.”

Three months from now, in March, the US Supreme Court will consider the constitutionality of the life-without-parole sentence for youth offenders.

The 47-page report draws on six years of research, and interviews and correspondence with correctional officials and hundreds of youth offenders serving life without parole. Human Rights Watch found that nearly every youth offender serving life without parole reported physical violence or sexual abuse by other inmates or corrections officers. Nationwide statistics indicate that young prisoners serving any type of sentence in adult prison, as well as those with a slight build and low body weight, are most vulnerable to attack.

“Children who commit serious crimes and who inflict harm on others should be held accountable,” said Alison Parker, director of the US program at Human Rights Watch and co-author of the report. “But neither youth offenders, nor any other prisoner, should endure any form of physical abuse.” Most of the life-without-parole inmates have been convicted of homicide offenses.

“The penalty [of life without parole] forswears altogether the rehabilitative ideal…. For juvenile offenders, who are most in need of and receptive to rehabilitation, the absence of rehabilitative opportunities or treatment makes the disproportionality of the sentence all the more evident,” the report says.

This new research sheds light on the severity of prison conditions for those serving this sentence, Human Rights Watch said.

“ scared to death,” said a youth offender serving life without parole in California. “I was all of 5’6”, 130 pounds and they sent me to PBSP (Pelican Bay State Prison in California). I tried to kill myself because I couldn’t stand what the voices in my head was saying…. ‘You’re gonna get raped.’ ‘You won't ever see your family again.’”

Youth offenders are serving life without parole sentences in 38 states and in federal prisons. They often enter adult prison while still children, although some have reached young adulthood by the time their trials end and they begin serving their sentences. Prison policies that channel resources to inmates who are expected to be released often result in denying youth serving life without parole opportunities for education, development, and rehabilitation, Human Rights Watch found.

Youth offenders commonly reported having thoughts of suicide, feelings of intense loneliness, or depression. Isolation was frequently compounded by solitary confinement. In the past five years, at least three youth offenders serving life without parole sentences in the United States have committed suicide.

The federal government and the states should abolish the sentence of life without parole for crimes committed by children, Human Rights Watch said. Government officials responsible for youth offenders should reform confinement conditions to accommodate their particular vulnerabilities, needs, and capacities to mature, reflect upon the harm they have caused, and change.

“Because children are different, shutting the door to growth, development, and rehabilitation turns a sentence of life without parole into a punishment of excessive cruelty,” said Parker. “Youth offenders should be given a path to rehabilitation while in prison – not forced to forfeit their future.”

Yet, lifers with the opportunity of parole (LWOP’s) experience a lack of educational opportunities. “LWOPs cannot participate in many rehabilitative, educational, vocational training or other assignments available to other inmates with parole dates…. The supposed rationality is that LWOPs are beyond salvagability and would just be taking a spot away from someone who will actually return to society someday,” the report says, quoting a youth offender serving life without parole in California.

Another inmate, this one in Arkansas, told Human Rights Watch (HRW), “I would be ever grateful… for the chance to spend my life now for some good reason. I would go to the most dangerous parts of Afghanistan…or jump on the first manned mission to Mars…. if the state were to offer me some opportunity to end my life doing some good, rather than a slow-wasting plague to the world, it would be a great mercy to me.”

The HRW report said, “Our research has found that youth offenders are among the inmates most susceptible to physical and sexual assault during their incarceration. Many are placed in isolated segregation to protect them or to punish them, some spending years without any but the most fleeting human contact.

Because of their sentence, youth offenders serving life without parole face the additional burden of being classified in ways that deprive them of meaningful opportunities while in prison. Many are denied access to educational and vocational programs available to other inmates. Finally, facing violence, stultifying conditions, and the prospect of lifelong separation from family and friends, many youth offenders experience depression and intense loneliness. Failed by prison mental health services, many contemplate and attempt suicide; some succeed.”

The report found that none of the 560 youthful offenders contacted by Human Rights Watch had managed to avoid violence in prison. When prison officials tolerate such violence, it constitutes a serious human rights abuse.

Youth offenders often spend significant amounts of their time in US prisons isolated from the general prison population. Such segregation can be an attempt to protect vulnerable youth offenders from the general population, to punish infractions of prison rules, or to manage particular categories of inmates, such as alleged gang members.

Youth offenders frequently described their experience in segregation as a profoundly difficult ordeal. Life in long-term isolation usually involves segregating inmates for 23 or more hours a day in their cells. Offenders contacted by Human Rights Watch described the devastating loneliness of spending their days alone, without any human contact, except for when a
guard passes them a food tray through a slot in the door, or when guards touch their wrists.

HRW makes a series of recommendations to federal, state and local judges and prison officials. All are preceded by HRW’s longstanding call to state and federal governments to “abolish the life without parole sentence for all youth offenders and abolish the automatic trial of youth in adult criminal courts and their mandatory incarceration in adult prisons.”

Obama Immigration Agency Exaggerating Deportations

By William Fisher

Analysts at Syracuse University have concluded that the Obama Administration’s figures for the number of people deported from the US are being grossly overestimated.

Analysis of government immigration data provided to the Transactional Records Access Clearinghouse (TRAC) at Syracuse University in late December -- almost two years after TRAC had requested it -- show that “many fewer individuals were apprehended, detained and deported by the agency than were claimed in its official statements” — congressional testimony, press releases, and the agency's latest 2010 Yearbook of Immigration Statistics, TRAC said.

In its initial FOIA request in May 2010, TRAC asked for specific information about all individuals who had been arrested, detained, charged, returned or removed from the country for the period beginning October 1, 2004 to date. According to TRAC, “in its initial and incomplete response, however, ICE so far has only provided TRAC with information through FY 2005. The agency said it would provide detailed information about the more recent years later.”

When compared with various public statements by the agency, however, TRAC's analysis of this limited case-by-case information provided found vast discrepancies. Among them: ICE statements claimed almost five times more individual apprehensions than revealed in the data, as well as 24 times more individuals deported and 34 times more detentions.

Those records were provided to TRAC by Immigration and Customs Enforcement (ICE), part of the Department of Homeland Security (DHS), under the Freedom of Information Act (FOIA).

When the PBS series, “Frontline,” did an hour-long piece on the immigration situation in the US today, a White House immigration spokesperson confirmed that the Obama Administration is deporting 400,000 people every year and racking up the largest number of deportations of any president in American history

TRAC says, “Details about the vast differences between the agency activities documented by the data and its public statements are laid out in a FOIA appeal filed by TRAC on January 4. The surprising size of the discrepancies, the TRAC appeal said, indicated that either "ICE has been making highly exaggerated and inaccurate claims about the level of its enforcement activities," or it is "withholding on a massive scale."

TRAC's appeal emphasized that this was not an inconsequential bookkeeping problem, noting "that the alleged failure of the federal government to enforce the immigration laws has been a hotly debated topic during both the Bush and Obama administrations."

"Thus, the agency's apparent inability to substantiate the level of its claimed enforcement activities is a very significant matter," the appeal continued. "Indeed it is central to the current public debate on federal enforcement policy in the ongoing presidential election campaign."

Recent press accounts credit the Obama Administration, and President Obama specifically, for ordering the deportation of more undocumented persons than any other president in US history. However, the large numbers of deportees reported by government immigration authorities have themselves become problematic.

Various organizations that specialize in immigration matters have concluded that the total number of people deported has included a preponderance of those whose “crimes” have been minor – broken tail lights at traffic stops, expired driver’s licenses, other minor infractions of the law.

Many of these referrals for deportation have been made by a program that was supposed to isolate serious criminals – the Secure Communities program –in which local law enforcement authorities routinely enter fingerprints and other data of people they arrest locally into an immigration database.

Other parts of the database are provided through a program known as 287(g), which gives local law enforcement personnel the authority to act as proxies for Federal immigration officials in arresting and detaining people they believe are in the US illegally.

Both programs have come under heavy fire from immigration and human rights groups on issues including ethnic profiling, and the inexperience of local law enforcement officers with immigration law, which is one of the most complex branches of law.

TRAC seeks the ICE documents under the Freedom of Information Act (FOIA). Given the long delay in responding to the FOIA request, TRAC requested a formal agency investigation of the matter or that it be referred to the Office of Inspector General.

TRAC said, “As the unlawful failure of ICE to provide the requested data continued well beyond the legal deadlines, TRAC engaged in numerous unsuccessful attempts to resolve the matter with agency officials and in late November of 2010 asked the Office of Government Information Services (OGIS) for assistance in persuading the agency to act on our request.”

It added, “OGIS, located in the National Archives and Records Administration, was created by Congress in 2007 to serve as a FOIA ‘ombudsman’ resolving conflicts between requesters and agencies. But TRAC says this approach “was not very successful,” and in mid-October 2011 James V.M.L. Holzer, the Director of Homeland Security's Public Liaison and Director of Disclosure and FOIA Operations, intervened in the case.

The organization added, “The failure of ICE to abide by the mandate of the FOIA in a timely way about its immigration enforcement actions during the five-year period covered by our May 2010 request starkly contrasts with the repeated transparency statements of President Obama, Attorney General Eric Holder and many other administration officials since they came to office almost three years ago.”

TRAC also said ICE’s exaggeration “appears to be a part of a larger pattern.” It said that, in a three-page letter dated September of 2010, for example, ICE informed TRAC that key statistical data it had previously provided us were now "unavailable" and that the agency without explanation, was unilaterally imposing a $450,000 FOIA processing fee.

ICE also claimed that Syracuse University was not an educational institution. Earlier in the same year a sister agency in the Department of Homeland Security — U.S. Citizenship and Immigration Services (USCIS) — demanded an $111,930 processing fee.

“While time consuming, these and other Administration feints, have not stopped TRAC from its two decades long campaign to obtain revealing information from ICE, USCIS, the IRS, the Justice Department and other agencies, TRAC declared.

Tuesday, January 03, 2012

Saudis to Reinforce Crackdown on Peaceful Protesters, AI

By William Fisher

The Arab Spring has been greeted in Saudi Arabia by “a new wave of repression” that saw authorities arresting and imprisoning peaceful protesters demanding political reforms. Now, the Saudi crackdown may be reinforced by a draft anti-terror law that would effectively criminalize dissent as a “terrorist crime.”

In a new 61-page report, “Saudi Arabia: Repression in the Name of Security,” Amnesty International (AI) said authorities have “used security concerns to justify the arrest of hundreds of people who have been imprisoned after unfair trials.” The draft anti-terror law would further strip away rights from those accused of such offenses, Amnesty said.

“Peaceful protesters and supporters of political reform in the country have been targeted for arrest in an attempt to stamp out the kinds of call for reform that have echoed across the region,” said Philip Luther of AI.

“While the arguments used to justify this wide-ranging crackdown may be different, the abusive practices being employed by the Saudi Arabian government are worryingly similar to those which they have long used against people accused of terrorist offenses,” he said.

AI said that the government “continues to detain thousands of people, many of them without charge or trial, on terrorism-related grounds. Torture and other ill-treatment in detention remain rife.”

In April 2011, an Interior Ministry spokesperson said that around 5,000 people connected to the “deviant group,” meaning al-Qa’ida, had been
questioned and referred for trials, Amnesty said.

Meanwhile, Saudi troops continue to serve in Bahrain on behalf of the Gulf Cooperation Council (GCC), helping the rulers of the tiny oil-rich monarchy to put an end to many months of peaceful demonstrations seeking reform.

In a statement following AI’s release of the draft law, the Saudi government said it “absolutely has a responsibility to protect the public from violent attacks, but that has to be done within the boundaries of international law.” It said the new draft law is designed “to assist Saudi Security forces in tackling terrorist activity.”

But AI charges it would “allow the authorities to prosecute peaceful dissent as a terrorist crime.”

The organization says it has obtained copies of the Draft Penal Law for Terrorism Crimes and Financing of Terrorism. It says, “If passed it would pave the way for even the smallest acts of peaceful dissent to be branded terrorism and risk massive human rights violations.”

A Saudi Arabian government security committee reviewed the draft law in June but it is not known when or if it might be passed.

AI says that since February, when sporadic demonstrations began – in defiance of a permanent national ban on protests -- the government carried out a crackdown that included the arrest of hundreds of mostly Shi’a Muslims in the restive eastern province.

Since March over 300 people who took part in peaceful protests in al-Qatif, al-Ahsa and Awwamiya have been detained.

Khaled al-Johani, 40, the only man to demonstrate on the March 11 “Day of Rage” in Riyadh, was swiftly arrested. He told journalists he was frustrated by media censorship in Saudi Arabia. Charged with supporting a protest and communicating with foreign media, he is believed to have been held in solitary confinement for two months, Amnesty said.

“Nine months later, he remains in detention and has not been tried. A number of people who have spoken up in support of protests or reform have been arrested. Sheikh Tawfiq Jaber Ibrahim al-‘Amr, a Shi'a cleric, was arrested for the second time this year in August for calling for reform at a mosque. He has been charged with “inciting public opinion,” AI said.

On November 22, 16 men, including nine prominent reformists, were sentenced to five to 30 years in prison on charges they formed a secret
organization, attempted to seize power, financed terrorism as well as incitement against the King and money laundering.

Amnesty says their trial, which began in May, was grossly unfair. “The defendants were blindfolded and handcuffed and their lawyer was not allowed to enter the court for the first three sessions,” AI said.

“Unless it were radically altered, the proposed draft anti-terror law would make the current situation even worse, as it would entrench and make
legal the very worst practices we have documented,” according to AI’s Luther.

The draft law allows for suspects to be held in incommunicado detention for up to 120 days, or for longer periods – potentially indefinitely – if authorized by a specialized court.

Under the draft law, terrorist crimes would include such actions as
“endangering…national unity”, “halting the basic law or some of its articles”, or “harming the reputation of the state or its position”.

Violations of the law would carry harsh punishments. The death penalty would be applied to cases of taking up arms against the state or for any “terrorist crimes” that result in death.

Amnesty charges that a number of other key provisions in the draft law run counter to Saudi Arabia’s international legal obligations, including those under the UN Convention against Torture.

Amnesty is calling on King Abdullah to “reconsider this law and ensure that his people’s legitimate right to freedom of expression is not curtailed in the name of fighting terrorism.”

Prof. Chip Pitts of Stanford and Oxford, former Chair of Amnesty International USA, commented on the proposed new law.

“Having just renewed the USA Patriot Act, the United States has sadly continued to set the stage for and model such counterproductive, harsh, and illegal approaches, and undermined its ability to credibly and effectively question them,” he said, adding:

“The myopic and reactionary approach taken in the new Saudi draft law, which would violate the country’s obligations under international human rights law, shows that the Kingdom is battening down the hatches and preparing for a long period of continued feudal rule that contradicts the very premises of expanding human rights that have swept the world in recent centuries.”

“Neglecting the lessons of the Arab Spring – that repression ultimately breeds instability and violence – the Saudi regime apparently prefers to look backwards to an error of medieval justice and absolute monarchical power which brooks no dissent. Such backwardness condemns the Saudi regime to greater isolation over time, and the Saudi people and businesses to constricted options for economic and social development, unless wiser heads prevail and move toward more progressive instead of regressive laws,” he said.

Prof. Lawrence Davidson, who teaches history at West Chester University, sees the proposed new law in its longer-term context.

He said, “Laws like this essentially blur the lines between the criminal and the authorities. It makes it much harder to tell who is who. Presently, there are two aspects to Saudi power: Force of questionable legitimacy and the ability to buy the loyalty of a portion of their population. In a couple of generations the latter may well go away and then former will probably prove insufficient. This law will not lessen the probability that last of the Saudi royal line dying in exile.”