Posts Tagged ‘Saudi’


Attached is the current death penalty report thanks to group member Lesley for the work in compiling it.  Grim news on several fronts with Sri Lanka thinking of re-using the penalty.  China leads the world it is believed in the use of the penalty although details are a state secret.

On the issue of China, readers may like to read the website of the Chinese Human Rights Defenders which charts the systematic denial of human rights freedoms by the Chinese government.  Links to many human rights sites can be found at the bottom of this site.

Report – June/July (pdf)

 

 

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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


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.


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


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.

 

Yemen

Posted: September 2, 2017 in Yemen
Tags: , , , ,

Article in the Guardian today (2 September) on Yemen.  Unfortunately, the newspaper closed the comments section almost as soon as it was published.

https://www.theguardian.com/commentisfree/2017/sep/01/disaster-texas-america-britain-yemen

MSF in Yemen

Posted: July 30, 2017 in arms trade, Yemen
Tags: , , , , , ,

A doctor working for Médicins sans Frontières shares her experiences of working in Yemen

Hella Hultin is a Swedish surgeon who is working for MSF in Yemen.  In the current issue, she writes of her experiences of working in Khameeer in northern Yemen.

We were about to do an appendectomy on a girl, but my Yemeni colleague thought I might be tired after the long journey.  So I sat in the operating room to watch.  Suddenly both our phones rang.  The voice on the other end was stressed asking me to come straight to the emergency room.

“Help! How do I get there?” I thought, while I quickly put on a white coat and hurried out, so fast the cats outside scattered in all directions.  “Emergency?” I asked the attendant outside, and was pointed in the right direction.

When I arrived, the Emergency room was full of people, both patients and relatives.  Many patients were being rolled in on stretchers from the ambulance entrance.  I was told there had been an airstrike and more injured would be arriving soon.  The injured were all covered in dust and dirt, and almost all had wounds from shrapnel.  Several had fractures of the arms or legs, and some had burns on their face and hands.

A desperate husband was running around the room screaming.  When I managed to get the interpreter to translate what he was saying, it turned out he was missing two of his children who had been caught up in the strike.  It’s not hard to imagine his anxiety.

We got to work and ended up operating all night.  We transferred two of the most seriously injured to a larger hospital for specialist treatment that we were unable to provide.

Hours later I made it to bed.  As I lay down, it felt like I’d been there for weeks.

We do not know from this account the nature of the airstrike but there is no suggestion that those injured are military personnel.  Accounts from people working inside Yemen are scarce as the Saudi’s have blockaded the country.  Only a few journalists have managed to get in and there was a radio report last week of BBC’s Radio 4 news (limited time podcast).

We cannot tie this account to a strike using British weapons but we are a major supplier of materiel to the regimeThe High Court recently absolved the UK government in a case brought by the Campaign Against the Arms Trade.


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The Campaign Against the Arms Trade CAAT, has finally managed to get the problem of our massive sale of arms to the Saudi regime into court – a process which has taken a considerable degree of legal wrangling.

At issue is our arms sales, put at £3.3bn to the Saudis, and the use of these weapons to bomb a wide range of civilian targets in Yemen.  This has caused untold distress with thousands killed and injured, and there are distressing scenes of malnutrition and dying children.  The Saudis have bombed schools, hospitals, weddings and funerals, sometimes returning to bomb the rescue workers causing further mayhem.  An estimated 6,000 have been killed.

They have also been shown to use cluster weapons which have been banned.

In today’s hearings correspondence was revealed from the Foreign Secretary, Boris Johnson in which he says:

The issue is extremely finely balanced, but I judge at present the Saudis appear committed both to improve processes and to taking action to address failures/individual incidents.

Picture: MSF

We will of course have to see what the judges decide in this case but in the debate in the House of Commons, one of the key matters discussed was what was described as ‘glacial’ progress by the Saudi government.  Although there are disagreements about the number of incidents, they number around 100 and yet the number investigations have been eight.  A wide range of agencies have criticised the government and the Saudis for the raids including Oxfam, Amnesty, WWF and MSF.

It seems clear that the arms sales tail is wagging the ministerial dog.  It is a real stretch to say ‘the issue is finely balanced.’  If we did not have so much tied up in these arms sales with money, jobs and local economies in the UK dependent on them, it is doubtful we would continue with such clear breaches of international humanitarian law.

We shall no doubt be returning to this topic in due course.


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House of Commons debates the war in Yemen

On 12 January 2017 the House of Commons debated the war in Yemen for the second time in less than a month having already had a debate on it on 19 December.  This has been called the ‘forgotten war’ for some time since all the media and political attention has been focused on Syria.  So it is to be welcomed that this war is now getting its share of attention.  This was an opposition debate led by Stephen Twigg MP.

Results of bombing. Picture: Mintpress News

This is a complex war difficult to summarise but essentially the two main actors are the Saudis and the Houthi rebels.  Both have committed atrocities: the Houthis with massacres, the use of child soldiers and shelling across the border into Saudi territory.  The Saudis by bombing civilian targets and using cluster weapons.  The December debate focused on the use of these weapons, supplied by the UK before their use was banned.  One thing we learned from that debate was that the UK government has offered to exchange cluster weapons for more modern Paveway bombs but it appears the Saudis have not taken up this offer.

To an extent it is a proxy war: part of the long-running Sunni/Shia feud being fought between Iran and Saudi.  There are also tribal politics mixed in.  Although the role of the Houthi rebels was criticised, the point was made that it was we who were arming the Saudis and RAF personnel involved at the command and control centre.

It was lengthy running to just under 3 hours.  A number of points were made.  A major concern was the allegations of abuses against International Humanitarian Law (IHL) and the slow pace of investigations  (‘glacial’ was the word used by Stephen Twigg) by the Saudis into them.  Various figures were bandied about but over a hundred seems to be the consensus but only 9 investigations have been carried out in 14 months.

There were many tributes to DFID and its contribution to Yemen but as Stephen Twigg noted:

There is a paradox at the heart of the UK’s approach to Yemen: generous on aid but we contribute to the conflict with our arms sales.

It is interesting that during the writing of this blog, the headline of the Mail on Sunday was the result of a survey which apparently revealed that 78% of people want to end overseas aid and put the funds into the health service which is experiencing a crisis at present.  The Coalition government and now the Conservatives must be praised for maintaining the levels of overseas aid despite considerable pressure from some of their backbenchers and some of the media.

Chris White MP – who is chair of the Arms Export Control Committee – said that the UK should be an example to the rest of the world in terms of our licensing regime.  He reminded the House of rule 2(c) which ‘forbids the authorisation of arms sales if there is a clear risk of a violation of international humanitarian law’.

Comments

It is of course welcome that the House of Commons should have given such time to this debate on Yemen – indeed as we’ve noted the second in less than a month.  The government has had something of a free ride, able to do little to end the conflict and carry on allowing our arms to be sold to Saudi – some £3.3bn worth so far.  It seemed to be SNP (Scottish National Party) members who were the most forthright in condemning the arms sales.  Tasmina Ahmend-Sheikh saying:

If Saudi Arabia and Iran are the puppeteers, we are the quartermasters

There were several calls for a peace process but one seems unlikely at present.  It was alleged that the Saudis are resisting the process, a claim denied by Tobias Ellwood the minister in FCO.

The link between our sale of arms and the devastating effects of those weapons on the people of Yemen although made, was not strongly emphasised.  Part of the problem of course is that although the Conservatives are in power now, many arms sales were made as well during the Labour administrations.  So both parties are tainted.

Tobias Ellwood MP

The government is in something of a bind.  The value of our exports to the region and to Saudi is considerable.  One is reminded of the old adage – variously attributed to John Maynard-Keynes or John Paul Getty –  that if you owe the bank a million pounds you have a problem, if you owe the bank a hundred million pounds, the bank has a problem.  Because billions of pounds of weapons are sold, we are not in a position to exert much control: we are too dependent on the business.   One can imagine polite words being spoken but it was clear from the debate that the Saudis think they can win this so are in no haste to agree peace terms and little more than token efforts are made to limit sales of arms.  Such is the murky world of arms sales anyway, that brokers can quite easily circumvent controls certainly for the more every day weapons.

In the December debate, the Defence Secretary Michael Fallon insisted the Saudis were:

on the cusp of a major reform programme of its economy and society

The debate shone a light on the problems of the country and also on the pusillanimous nature of our foreign policy.  Speaker after speaker referred to the terrible state the country was in and the enormous distress of its residents as a result of the war.  It was interesting to note that at least two of the MPs said they were born there presumably from when it was known as Aden.  Worries were expressed about ISIS moving in.

But the fundamental moral issue of our sale of arms to a country which uses them to wreak such havoc on another nation was not rigorously pursued.  The FCO and the MoD would not be seriously disturbed by this debate.

It also provides a clue to life once we leave the EU.  There will be a major push to achieve business with whichever countries we can and the morality of our dealings will not get a look in.  It’s good for business they will say but not good for human rights.

The debate ended with calls for an urgent independent (ie not by the Saudis who are dragging their feet) investigation into reports of breaches of IHL on both sides of the conflict.

 


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140 killed in air raid on a funeral

Funeral bombing, Yemen. Picture: hang the bankers.com

At long last, the war in Yemen is beginning to attract the attention it deserves.  Most news bulletins still lead on the atrocities in Syria but the horrific events in Yemen where the Saudis bombed a funeral killing 140 and wounding around 500 has at last brought the conflict onto the TV screens.  The bombing, combined with the blockade, is causing untold misery to ordinary Yemenis.  The wounded will struggle to get proper medical treatment because the hospitals are also being bombed and the blockade means medical supplies cannot get through.

We first started drawing attention to the war there over a year ago and raised the matter with our local MP.  A bland letter was received from the Foreign Office minister Tobias Ellwood.  Subsequent revelations have shown that the actions the FCO were claiming to have done were somewhat wide of the truth.

The core issue is the use of our arms (and those of the US, the principal weapons suppliers to the Saudis) are being used in the conflict.  It was also revealed (inadvertently, and no doubt embarrassingly by the Saudis) that British service people were advising the Saudis.  Quite what their role is there is disputed.

This particular attack has been condemned by the UN, the EU and the US.  The Foreign Office still claims there is no need to revoke licences as there is no serious breach of humanitarian law.  The UN Secretary General Ban Ki-Moon said:

The air strikes on a funeral ceremony was a “heartless attack on civilians and an outrageous violation of international humanitarian law.”  He said an independent body to probe rights violations in Yemen must be set up.  There must be accountability for the appalling conduct of this entire war.  Mail on line [accessed 11 October 2016] 

The Saudis are not alone in committing these atrocities and the Houthi rebels are likewise accused.

The Saudis can carry on with their attacks because we supply them with the weapons and we also give the regime a degree of diplomatic cover.  The huge sale of weapons – over £3bn a year – is clearly a factor influencing government policy.  This latest episode is making it harder for the government to ignore what is going on there and our role in helping them.  The mantra about the control of arms sales is still alive and well however:

On the point of UK arms sales to Saudi Arabia, a Government spokesperson told The Independent the UK “takes its arms export responsibilities very seriously”

The key test … for our continued licensing of arms exports to Saudi Arabia is whether there is a clear risk that those exports might be used in the commission of a serious violation of international humanitarian law,” she said. “The situation is kept under careful and continual review.”  Independent [accessed 11 October 2016]

But recent TV filmed reports showing the carnage going on there, hospitals full of emaciated children and widespread starvation caused by the conflict and the blockade will begin to make it harder for the government to keep up the pretence of ‘taking its arms export responsibilities seriously’.


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