Posts Tagged ‘Saudi Arabia’


The Court of Appeal has granted permission for Campaign Against the Arms Trade to appeal the legality of arms sales to Saudi Arabia

The destruction of Yemen continues and our role in that destruction becomes ever more clear as time passes.  The case brought by CAAT failed and it is welcome news that the Appeal Court has allowed an appeal.  The decision was profoundly flawed and needs to be challenged.  It raised disturbing questions, not just about our role in the bombing of Yemen, but how our supposedly independent legal system operates in cases like this.

An analysis of the decision by Oxford Human Rights hub and others revealed profound flaws in the Appeal judges ruling and handling of the case.  These are:

  • statements by the government were taken at face value despite claims that the case would be looked at objectively
  • the judges regarded evidence from NGOs as necessarily being of lesser value than the government’s arguments.  They said they were ‘second hand’ despite the fact that the NGOs had representatives on the ground and had collected considerable first hand evidence of what was happening
  • the close relations the government has with the Saudi government (to which we could add many members of the Royal family) puts them in a good position, it was claimed, to take statements by the Saudis at face value namely that they were compliant with International Human Rights standards
  • the court took no account of the stake the government has in the trade namely that 46% of our arms exports are going to this country.  That this might bias their case was not something that the judges seemed to consider.  Indeed, they went further pointing to the ‘highly sophisticated, structured and multi-faceted process’ of government decision taking in comparison with that of the press and NGOs.  Altogether, the judges exhibited an unduly deferential approach to the government
  • But perhaps the most disgraceful aspect of their judgement was the issue of ‘inference’.  This argument centred on the idea that it was not necessary or practical for the government to infer that civilian causalities and breaches of IHL arose from the supply of weaponry to the Saudis.  Because this destruction was taking place in another country, it was not practical for the Secretary of State to have access to all the relevant information.  So on the one hand, the judges say that the government has a superior and sophisticated decision making process compared to that of the NGOs and media, but on the other hand, when civilians are killed, suddenly they are not in a position to know it was our weapons which were involved.

There are other criticisms of the judgment and the dubious logic on which it was based.  Overall, they seemed to adopt a unduly deferential approach to the government’s position.

In another development the Committee on Arms Export Controls criticized many aspects of the government’s dealings with arms supplies to the region.  One key aspect is the question of brokerage.  This is where a company, registered in the UK, uses a broker to circumvent the controls on the sale of arms.  The Committee concluded:

The Committees conclude that it is a significant loophole in UK arms export controls that a UK company can circumvent those controls by exporting military and dual–use goods using an overseas subsidiary. The Committees recommend that the Government states whether it will close this loophole, and, if so, by what means and in what timescale.

The Committees continue to conclude that it is most regrettable that the Government have still to take any action against “Brass Plate” arms exporting companies who have the benefit of UK company registration but carry out arms exporting and arms brokering activities overseas in contravention of UK Government policies. 35 The Committees’ Recommendation: The Committees again recommend that the Government sets out in its Response to this Report what steps it will take to discontinue the UK registration of such companies  [Extracts from the Select Committee Report]

The government does not accept the committee’s conclusions on this matter.

In yet another aspect, the government is alleged to use opaque licensing procedures to conceal hundreds of millions of pounds worth of British-made missiles and bombs sold to Saudi Arabia for use in Yemen under a licensing system that makes tracking arms sales more difficult.

Currently, the sale of arms is governed by the Arms Trade Treaty and the Consolidated EU and National Arms Export Licensing Criteria.  It is clear from the opinion of the sub committee, CAAT and other NGOs that the government is using every stratagem to sell arms to Saudi and to keep on doing so.  Royalty and ministers are pressed into service to keep the Saudi regime sweet.  The effects of our arms – and those of other arms suppliers such as the USA – on the people of Yemen has been devastating.  With 10,000 deaths and many more thousands injured and displaced, it is a calamity on a massive scale.  We must hope that the higher court will overturn the highly dubious and flawed decision.

In the future, post Brexit,  there will be a reduction in the degree of control over this trade in the opinion of Stockholm International Peace Research Institute.  In a commentary they say:

Either way, it is likely that Brexit will lead to a reduction in the EU’s ability to promote its standards in the field of export controls internationally. […]  If Brexit means the UK starts to water down its export controls in order to facilitate transfers to Saudi Arabia, or otherwise boost its arms exports, the implications may be more severe. Such a move could trigger a ‘race to the bottom’ among EU member states, many of which are seeking to boost their own arms exports in order to help domestic producers offset the impact of post-2008 national defence cuts.

Let us hope they are wrong.  It is likely however that post Brexit, there will be a keen desire to secure trade deals – to include arms sales – with any foreign nation including those with poor human rights records.

Sources:

Oxford Human Rights Hub; Ibid (part 2); Opinio Juris; CAAT; The Guardian; Amnesty International; European Journal of International Law

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Executions and torture still continuing in Saudi Arabia

The number of executions in Saudi Arabia is rising and we are gravely concerned for the people on death row there. The authorities have executed 52 people this year already, and nearly 600 since 2014.

Right now, eighteen young people could be beheaded at any time for the ‘crime’ of protesting against the Saudi government.  Some were sentenced to death for attending protests when they were children.  All were brutally tortured.

The UK government continues to prioritize the sale of arms despite the manifest human rights abuses and the bombing of civilians in Yemen. 

Reprieve currently have a petition and if you have time to sign it, every little helps.


We attach the death penalty report for April thanks to group member Lesley for compiling it.

April report (Word)


Crown Prince Signals Possible Limit on Non-Murder Executions

Saudi Arabia has executed 48 people since the beginning of 2018, half of them for nonviolent drug crimes, Human Rights Watch said today. Many more people convicted of drug crimes remain on death row following convictions by Saudi Arabia’s notoriously unfair criminal justice system.

Crown Prince Mohammad bin Salman said in an interview with Time magazine on April 5 that the Saudi authorities have a plan to decrease the number of executions, but that they would not limit executions to people convicted of murder. Nearly all executions in Saudi Arabia that are not for murder are for non-violent drug crimes.  The prince said the country would consider changing the penalty from death to life in prison in some cases, but not in murder cases.

It’s bad enough that Saudi Arabia executes so many people, but many of them have not committed a violent crime, said Sarah Leah Whitson, Middle East director at Human Rights Watch. Any plan to limit drug executions needs to include improvements to a justice system that doesn’t provide for fair trials.

Saudi Arabia has carried out nearly 600 executions since the beginning of 2014, over 200 of them in drug cases.  The vast majority of the remainder were for murder, but other offenses included rape, incest, terrorism, and “sorcery.” In Saudi Arabia, death sentences for murder are usually based on the Islamic law principle qisas, or eye-for-an-eye retributive punishment, while judges hand down death sentences for drugs at their own discretion (the Islamic law principle ta’zir). Judges rely on a 1987 fatwa by the country’s Council of Senior Religious Scholars prescribing the death penalty for any “drug smuggler” who brings drugs into the country, as well as provisions of the 2005 Law on Combatting Narcotic Drugs and Psychotropic Substances, which prescribes the death penalty for drug smuggling.  The law allows for mitigated sentences in limited circumstances.

International standards, including the Arab Charter on Human Rights, ratified by Saudi Arabia, require countries that retain the death penalty to use it only for the “most serious crimes,” and in exceptional circumstances. In 2012, the United Nations special rapporteur on extrajudicial, summary, or arbitrary executions stated that where used, the death penalty should be limited to cases in which a person is intentionally killed and not used to punish drug-related offenses.
Human Rights Watch has documented numerous cases in which Saudi courts sentenced defendants to death following unfair trials. In one such case, a Saudi court sentenced a Jordanian man, Waleed al-Saqqar, to death in December 2014 for smuggling drugs across the Saudi border from Jordan in his truck.

Poor trials process

The judgment following al-Saqqar’s trial reveals that the trial lasted only one day, and a source with direct knowledge of the case told Human Rights Watch that the entire trial lasted about five minutes. The source said that a judge asked al-Saqqar to confirm his identity and state whether the truck belonged to him, then issued the death sentence. Al-Saqqar did not have a defense lawyer.  The source said that the judge did not allow al-Saqqar a chance to explain the circumstances, which he viewed as a mitigating factor.  The source said that in April 2013 al-Saqqar met a Saudi man at the Jordanian Free Zone near Zarqa city who offered to pay him 300,000 Saudi Riyals (US$80,000) to smuggle several bags of agricultural hormones to Saudi Arabia.  The Saudi man said that his workers were urgently waiting for them and would need them before he could get permission from the Saudi Heath and Agricultural Ministries to legally import them. Al-Saqqar agreed to the arrangement.

On April 11, 2013, Saudi authorities stopped al-Saqqar after he entered Saudi Arabia from Jordan at the al-Haditha border crossing and searched the truck.  According to the trial judgment, the authorities discovered 144,000 pills identified as captagon (fenethylline), a banned substance in Saudi Arabia. According to the official judgment al-Saqqar assisted Saudi authorities in an attempt to locate and apprehend the person inside Saudi Arabia responsible for receiving the drugs, but authorities were not able to apprehend him.  The source said that the case remains on appeal.

Human Rights Watch has documented longstanding due process violations in Saudi Arabia’s criminal justice system that makes it difficult for a defendant to get a fair trial even in capital cases.  In cases Human Rights Watch has analyzed, authorities did not always inform suspects of the charges against them or allow them access to evidence, even after trial sessions began.  Authorities generally did not allow lawyers to assist suspects during interrogation and often impeded them from examining witnesses and presenting evidence at trial. The problems were compounded for non-Arabic speaking foreigners, who in the absence of a lawyer face overwhelming obstacles to understanding court procedures and submitting defence documents.

The Death Penalty Worldwide Database, which collects information on executions across the globe, shows that Saudi Arabia has one of the highest execution rates in the world and applies the death penalty to a range of offenses that do not constitute “most serious crimes,” including drug offenses, adultery, sorcery, and apostasy. Saudi Arabia trails only Iran in the Middle East in in the number of its executions.  Saudi Arabia regularly features in our monthly reports.

Human Rights Watch along with Amnesty, opposes capital punishment in all countries and under all circumstances. Capital punishment is unique in its cruelty and finality, and it is inevitably and universally plagued with arbitrariness, prejudice, and error.  In 2013, following similar resolutions in 2007, 2008, and 2010, the UN General Assembly called on countries to establish a moratorium on the use of the death penalty, progressively restrict the practice, and reduce the offenses for which it might be imposed, all with the view toward its eventual abolition. UN Secretary-General Ban Ki-moon has also called on countries to abolish the death penalty.

Text from Human Rights Watch – 24 April 2018


Parliament’s concerns are very partial

This week saw parliament reconvene and a major debate take place concerning the attack on chemical weapons facilities in Syria.  These attacks took place in a coordinated way by British, French and American forces and the reason for them was claimed to be the crossing of a ‘red line’ by Assad because of his use of chemical weapons in his latest attack.  This led to calls for parliament to be recalled and considerable debate about whether we should have joined in the bombing.  The Labour leader Jeremy Corbin called for a War Powers Act to be enacted to clarify when a prime minister could and could not engage in military actions.

The death and destruction in Syria is appalling.  The use of barrel bombs dropped on civilian areas has caused terrible damage and thousands of innocent citizens have been killed.  The Syrian Network for Human Rights estimates that over 217 thousand civilians have been killed; over 13 thousand have been tortured to death and over 27 thousand children have been killed.  Of those, 80% were killed by Syrian forces and 6% by Russians.  These figures have been broadly supported by the Syrian American Medical Society and White Helmets, an aid agency working in the country.  There has been universal condemnation including by the UN’s Secretary General.

Meanwhile, in Yemen, another conflict is underway also causing considerable death and destruction.  As we noted in an earlier post, thousands have died, cholera is widespread, and the country is being steadily bombed back to the stone age.  Millions have been displaced and medical and other humanitarian supplies are prevented from entering the country because of a blockade.  There has not however been much in the way of outrage from parliamentarians about this and no calls to recall parliament.

Another key difference is while Assad is treated as a pariah, the Saudis who are carrying out the Bin Salman sits flanked by Theresa may and Boris John <figcaption> Boris Johnson and Theresa May rolled out the red carpet for the Saudi Crown Prince. c. Getty Images/Bloomberg </figcaption> </figure> son, with members of his entourage and other Government Ministers seated in rows behind bombing of Yemen – including schools, hospitals, civilian facilities and weddings – are feted in the UK, get to meet the Queen and receive visits by Prince Charles and other members of the royal family.  This is because we are major suppliers of weapons to the regime.  RAF personnel are involved in some way helping the Saudis. (Picture: Campaign Against the Arms Trade)

It was claimed that the justification for the bombing of Syria was the crossing of the red line.  This suggested that Assad had used chemical weapons for the second time and we had to send a message to deter him.

One problem: it is not the first or even the second time he has done this.  The SNHR estimate that he has used them on 207 occasions and on 174 occasions since the Ghouta attack.

207 chemical weapons attacks by Assad

The very notion that a red line has been crossed is therefore not tenable as Assad has regularly used these weapons, on average three times a month.  In addition to chlorine he has on occasion used Sarin.

Tens of thousands of people have lost their lives or have lost loved ones in these terrible conflicts.  The destruction of buildings will take decades to do and billions to repair.  In one case we continue to profit from the supply of arms and roll out the red carpet to those who are responsible: in the other case we say a red line has been crossed – which it has on many, many occasions – and bomb the country.


Yemen crisis – three years of conflict

Today, 25 March 2018, marks the third anniversary of the Saudi Arabia-led coalition’s military campaign in the Yemen.  We have featured this conflict on this site during that time with stories focusing especially on the UK’s involvement supplying arms and logistical support and our involvement generally in bombing Yemen.

5,974 civilians killed during the conflict

Despite three years of war, the conflict shows no sign of abating, and Yemeni civilians continue to suffer at the hands of all parties to the conflict.  Warring parties have consistently shown a brazen disregard for civilian life and the their obligations under international humanitarian and human rights law.  The devastation wrought and thousands of lives lost continues to fail to attract the level of attention and concern they warrant across the world.

9,493 civilians injured during the conflict

The billion dollar arms deals between Saudi Arabia and its coalition members and a host of western allies have continued throughout the past year despite mounting evidence that Amnesty and others have built to show the high risk such weapons will be used to in unlawful attacks on Yemen.

More that 2 million people currently displaced by the fighting

Hundreds of other Yemeni children have died from the worst cholera outbreak in modern history.  Thousands who have succumbed to malnutrition, and the untold number of civilians killed by airstrikes on homes, streets, weddings and funerals.  This has been the human price of the three-year civil war in Yemen, in which all parties have shown a callous disregard for life, but where the large majority of civilian deaths lies irrefutably at the door of Saudi Arabia.

This is the situation now and the concern is that post Brexit, the arms control regime will be weakened further especially with our desire to create and develop new markets to those lost in Europe.

More than 22.2 million people are in need of humanitarian assistance including food, water, shelter, sanitation and fuel.

What can I do?  The UK government is indifferent to the suffering in the country and has recently celebrated the latest arms deals following the visit by King Salman.  There are things you can do and in particular send some tweets.  Suggestions include:

  • .@Theresa_may: stop selling weapons that fuel violations, destroy civilian lives in #Yemen #Yemencantwait
  • Hospitals, schools, mosques – it seems nothing off limits.  Stop bombing civilians in #Yemen @King Salman

If you want to support or join the Salisbury group of Amnesty, the best thing is to keep an eye on this site or Facebook or Twitter and come along to one of our activities and make yourself known.  It is free to join the local group.

 


The latest monthly death penalty report is available here thanks to group member Lesley for doing the work to compile it.

Report

No to the death penalty


The death penalty report for September/October 2017 is attached thanks to group member Lesley for compiling it.

China remains the world’s largest executioner of its citizens but the statistics are a state secret.

Report (Word)


The UN to send a team of experts to the Yemen
UK government tried to frustrate this

The United Nations has just announced in the last few days, that it is to send a team of ’eminent international and regional experts with knowledge of human rights law and the context Yemen for a period of at least one year’.  (HRC 36)  They will conduct a ‘comprehensive examination of all alleged violations and abuses of international human rights law.’

Readers of this blog and elsewhere will be aware by now of the dire situation in that country.  The latest figures, reported by the BBC, show that over 8,500 have been killed, mostly in air strikes, and around 48,000 injured.  A cholera epidemic has hit the country and over 700,000 are affected by that.  Matters are made worse because hospitals are bombed and there is a blockade hindering or preventing medical supplies getting through.  About 20 million citizens are in need of aid of some kind.

The crisis has come about because of Houthi rebels fighting government forces.  What has made matters worse is the aid the UK and other governments have provided to the Saudis.  In the past these have included cluster munitions – now banned but allegedly still being used – and Paveway bombs to replace them.  RAF personnel are involved in the control room but it is claimed they are not involved with the actual bombing.  The involvement of British military personnel was kept secret and was only known when it was revealed by the Saudis themselves.  Targets have included weddings, funerals, schools, markets and medical facilities.  Only recently, Amnesty reported on residential building hit by a US made bomb killing 16 civilians.  This was due to a ‘technical error’ it was claimed.

The establishment of a team to look into human rights violations is to be welcomed and in a statement, Amnesty International said:

A resolution passed by the UN Human Rights Council today, authorising the establishment of group of international experts to investigate abuses by all parties to the conflict in Yemen, is a momentous breakthrough that will pave the way for justice for countless victims of human rights abuses and grave violations of international law, including war crimes.

The resolution was passed in Geneva today by consensus, after intensive negotiations.  It is the result of years of campaigning and lobbying by Yemeni human rights organisations as well as Amnesty and other international human rights and humanitarian organisations.  30 September 2017

Negotiations have been intense reportedly and it was the Canadian and Netherlands governments holding firm which secured a result.  The US, UK and French governments were dragging their feet.  This is because these governments have significant and lucrative weapons sales to the Saudis.  Only a few days ago, success did not look promising with the Daily Mail reporting a stalemate.  The actions by our government, the US and France prevented a proper commission of enquiry.

The Guardian reported on 24 September the UK’s role in seeking to block the enquiry:

Foreign secretary Boris Johnson last week rejected the need for such an inquiry, arguing that the UK was “using a very, very wide variety of information sources about what is happening to acquaint ourselves with the details” about Yemen.

But the revelation that the UK neutered EU attempts to bring about such an investigation is likely to raise questions about its motives.  Since the conflict began, the UK has sold more than £3bn worth of weapons and military equipment to the Saudis and defence contractors hope more deals are in the pipeline.

“Blocking attempts to create an international inquiry is a betrayal of the people of Yemen who have suffered so much during this conflict,” said Polly Truscott of Amnesty International.  “It’s shocking. The UK ought to be standing up for justice and accountability, not acting as a cheerleader for arms companies.”

Human Rights Watch has also spoken out about the role of our arms sales in worsening the conflict.  With Brexit on the horizon, the need to secure such arms sales will only increase and indeed, the Trade Secretary Liam Fox is off to Saudi soon to try and secure more sales of aircraft.

UPDATE: 2 October

A number of stars wrote to the Observer on 1 October calling for a ban on arms sales to Saudi.  Names include: Ian McEwan; Bill Nighy; Phillip Pullman.

 

Sources: Amnesty; BBC; The Daily Mail; Human rights Watch; Middle East Monitor; UN; Observer; Guardian


Maybe you feel shocked at the shameful role our government has played in this war and would like to do something about it.  If you would like to join us you would be very welcome.  Come along to one of our events which are listed at the end of our minutes or keep an eye on Facebook and Twitter or this site (Salisburyai).  It is free to join the local group

 

 

 

 

 


The DSEI arms fair starts in London

This bi-annual event held in London receives a considerable amount of opposition and is a place for protest against the arms trade.  The description of the event by the organisers is blandness itself:

World leading event that brings together the global defence and security sectors to innovate and share knowledge.

It paints a picture of people coming together in some kind of seminar format to discuss defence issues as though it is a think-tank.  The reality is a little different as it is a place where all kinds of weapons manufacturers can display and secure deals to a wide range of countries who come to visit.  If it is as benign as the description implies one has to ask why organisations like Amnesty are denied access?  The purpose is to sell arms and to quote the organising company:

It’s a model that works well in the Middle East…There’s a lot of money being spent here in the UAE on homeland security technology, so it’s a good market in which to roll out our brand

Among the invitees are countries with highly dubious and questionable human rights records.  These include according to the guest list: Brunei, Egypt, Bahrain, Saudi Arabia and UAE.  If we look at Bahrain in particular, a recent Amnesty report on the country published earlier this year concluded, inter alia:

Since June 2016, the Bahraini authorities have dramatically stepped up their crackdown on dissent. As a result, by June 2017, Bahrain’s formerly thriving civil society had found itself reduced to a few lone voices brave enough to speak out.  The majority of peaceful critics, whether they are human rights defenders or political activists, now feel the risk of doing so has become too high. Over the course of a year, the authorities increasingly resorted to a wide range of repressive tactics including arrest, harassment, threats, prosecution and imprisonment to silence peaceful critics.  Amnesty International’s research concludes that the security forces have even resorted to torturing or otherwise ill-treating human rights defenders, both men and women, a practice that has not been prevalent in Bahrain since the height of the crackdown that followed the 2011 uprising.

The report went onto to describe how Bahrain has backtracked on reform and noted that in the period June 2016 to June 2017, 169 critics or relatives have been arrested, summonsed, interrogated, prosecuted, imprisoned, banned from travel or threatened.  Freedom of expression is increasingly criminalised and the opposition party has in effect been dismantled.  The report was compiled after a large number of interviews were carried out including with 52 victims, 58 journalists, lawyers and others, and the investigation of 210 cases.

The British government has worked hard to promote our interests with Bahrain and a Daily Mail article in 2016 detailed the many links from the Queen down through the rest of the Royal Family.  Theresa May visited recently.

As far as the Arms fair DSEI itself is concerned, Andrew Smith of the Campaign Against the Arms Trade which is helping to coordinate protests said:

DSEI will bring many of the world’s most appalling regimes together with the biggest arms companies.  Right now UK fighter jets and bombs are playing a central role in the destruction of Yemen; what will be the next atrocity they are used in?  War, repression and injustice are fuelled by events like DSEI.  It’s time to shut it down for good

DSEI was formerly part of the UK Trade and Industry Department but has now been moved to the newly formed Department for International Trade the minister of which is Liam Fox.

In an interview on the BBC today (11 September) Jeremy Corbyn, the leader of the opposition, said “[the UK] sells too many arms to countries which abuse human rights.”

The guest list shows several firms with a Salisbury link who are exhibiting at this fair.  They include Babcock, Chemring’s, QinetiQ and Cubic.

The government has got itself into something of a fix over the question of arms sales.  Whilst claiming to have a strict code and robust procedures, the sale of arms to questionable regimes has increased.  Thousands of jobs now depend on this industry and with future problems likely to arise connected with our withdrawal from the EU, from an economic viewpoint we can ill afford to reduce sales of weapons.  It is thus on a treadmill requiring it to support the sale of weapons to a range of unsavoury regimes who in turn use these weapons to intimidate their own people or to cause suffering of neighbouring countries such as the bombing of Yemen by the Saudis.  It is also important to bear in mind that it is not just weapons that are involved but also security equipment.  Autocratic regimes are keen to keep tabs on their citizens and need all the techniques of surveillance to do so.  This kind of equipment, although not lethal of itself, does enable individuals to be monitored, watched and harassed.

The position is indefensible and some of the arguments echo those used by the slave trade in the nineteenth century where large numbers of jobs were involved in its continuation.


If you are keen to join us then come to the next event we are holding on 18 September and make yourself known.