‘Never again’ means ensuring accountability for the genocide in Rwanda

See below an opinion piece we published in Pambazuka, marking the 19th anniversary this week of the beginning of the 1994 Rwandan genocide. 

Tara O'Leary and David Russell

2013-04-10, Issue 625

http://pambazuka.org/en/category/comment/86937

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Rwanda has made significant steps in the pursuit of justice for victims of the genocide 19 years ago. But many suspected perpetrators living abroad have not been brought to justice and the government does not seem keen to fulfil its pledges to compensate survivors.

The recent high profile visit of British Foreign Secretary William Hague and actress Angelina Jolie to Gisozi genocide memorial briefly drew the attention of the international media back to Rwanda and to the 19th anniversary of the start of the Rwandan genocide on 7 April. The photographs of the visitors in the memorial's beautiful garden in Kigali provided a striking image as both figures paid tribute not only to those who were lost in 1994 but also to the victims and survivors. 

The abiding slogan ‘never again’ is often repeated at events such as these, but part of the commitment to ensuring that such events are never repeated is guaranteeing accountability for the atrocities of the past. To what extent do these words merely comprise useful phrases for formal occasions?

Efforts to address impunity for atrocities committed during the genocide have been multifaceted. In addition to the work of the UN International Criminal Tribunal for Rwanda (ICTR), Rwanda has made efforts towards justice in recent years, particularly in addressing fair trial concerns and legislating for the transfer of suspects back from the ICTR and extradition of suspects residing abroad. It is currently holding a number of genocide trials, including that of Jean Bosco Uwinkindi, and has pursued a policy of issuing extradition requests, which have recently begun to bear fruit with the transfer of Charles Bandora from Norway last month.

Genocide suspects living abroad too are increasingly unable to rely on their adopted countries acting as a safe haven. Quietly, prosecutors across Europe and North America have spent recent years notching up cases against suspected Rwandan perpetrators. These prosecutions are often based on the principles of universal jurisdiction, which provide for the prosecution of the most serious crimes such as genocide and war crimes irrespective of where these crimes were committed and irrespective of the nationality of the perpetrator or the victim. To date, suspects have been successfully prosecuted in Switzerland, Belgium, Canada, Finland, Norway and the Netherlands. Others have been arrested in the UK, France, Denmark, Germany and Sweden, while in the United States suspected perpetrators have been prosecuted for visa and immigration fraud in relation to their role in the genocide. 

However, impunity for genocide suspects residing abroad is still the norm, a fact only too clearly demonstrated by the low number of prosecutions. In 2009, for example, four suspects were released in the UK as their extradition was denied based on human rights concerns. Four years later all four men remain free despite the amendment of criminal legal rules in 2010 which would allow them to be tried in the UK. Similarly, complaints have been filed against at least 24 suspects living in France, some as long as 18 years ago, yet France has yet to bring a single accused to trial. Suspects reportedly living in other European countries, including Italy and Switzerland, have yet to be investigated by domestic authorities. 

These countries have the means and the necessary legal framework to prosecute known suspects who are living freely in their communities. What is needed however is the political will to make use of the existing system of international criminal justice and see these prosecutions through to the end. 

Victims also remain frustrated in their attempts to participate in justice processes, despite their right in international law to see perpetrators brought to justice, to participate in criminal justice proceedings and to access reparation to remedy the losses they have suffered.

Very few countries have allowed victims to join universal jurisdiction cases as interested parties, and only a handful of victims - in Belgium, Germany and the Netherlands - have been able to read statements about their experiences to the court or participate other than as witnesses. 

Attempts by survivors to obtain reparation have been similarly frustrated. Since the end of the genocide in 1994, the vast majority of survivors and indeed victims of international crimes generally in Rwanda, have yet to receive adequate reparation. This has been the case in Rwanda, where repeated promises from the government to establish reparation programmes have never been implemented, and at the ICTR, the statute of which did not include a mandate to make reparation awards. Universal jurisdiction cases have also generally failed to provide access to reparation for persons participating as victims. 

The theme for the commemoration of the Rwandan genocide this year is kwigira, which means self-reliance. Survivors and their communities demonstrate daily tremendous self-reliance, initiative and dignity in their efforts to rebuild their lives. As we reflect on efforts made to end impunity in Rwanda and elsewhere since 1994, all actors concerned should consider how justice efforts can best underpin the dignity and independence of survivors. Implementing longstanding promises to deliver reparation would go a long way to demonstrate the government's commitment to ensuring kwigira for survivors of genocide and other victims of international crimes committed in Rwanda in 1994. 

* Tara O'Leary is Universal Jurisdiction Coordinator of REDRESS and David Russell is the Director of Survivors Fund

Day of the Disappeared

Today is International Day of the Disappeared. On 30 August every year, families and loved ones remember those who have disappeared and for one reason or another, never came home. 

These are not simply cases of a person running away or falling off the map: these are cases where a person is taken away by a state agent or a person acting with the approval of the state. There is a refusal to acknowledge their arrest, their detention or their treatment. They are placed outside the protection of the law. This silence and this secrecy means they can be subject to a range of abuses without public knowledge or legal consequences: arbitrary or indefinite detention, interrogation, torture, extrajudicial execution. Meanwhile their families wait. The initial crime of the disappearance has not ended: it continues each day that a family waits for news and wonders and worries. 

Right now this is happening in Syria. It happened in Iraq and Afghanistan, in the well-remembered conflicts and dictatorships in Timor Leste, Chechnya, Argentina and elsewhere. It also happened in many other places less well remembered: Nepal, Sri Lanka, the Democratic Republic of the Congo, Mauritania, and elsewhere.

I took these pictures in Pristina in June, the week that I left Kosovo. My camera is not faulty: the photos are faded from years of sun, rain, snow, and inaction. They have been hanging outside government buildings for 13 years, with no information forthcoming about the fate or whereabouts of the faces which fade slowly into the shadows, year on year.

Amnesty International reported today that at least 40,000 people had disappeared across Yugoslavia during the conflicts of the 1990s. The fate and whereabouts of over 14,000 are still unknown today, 10,500 of whom were in Bosnia. Up to 20 years later, family members may have accepted at this point that their loved ones will not come back home. Nonetheless, they have not been able to receive their remains for burial, they do not have a grave to visit, they may be denied access to pensions and other benefits for victims, and  perhaps more emotionally, they may never learn the truth about what happened. 

An estimated 1,797 persons - both Albanian and Serb - remain missing following the 1999 Kosovo conflict. Theirs are the faces which fade in the sun in these pictures. 

#DemandJustice with Amnesty International for victims of enforced disappearance and their families: http://demandjusticenow.org/enforced-disappearances/

UN Special Rapporteurs call for the release of Abdulhadi Al-Khawaja

I have just seen today that four United Nations Special Rapporteurs issued a statement last week calling for Abdulhadi's release. Amongst them was Margaret Sekaggya, who I worked for during my days in Uganda. The other signatories are the Special Rapporteurs on torture, on the rights to freedom of assembly and association, and on the independence of judges and lawyers. 

The main call is that “in view of the urgency of the matter", the experts "strongly call on the Government to seriously reconsider the offer by Denmark to transfer Al-Khawaja, a dual citizen of Denmark and Bahrain, on humanitarian grounds, for medical treatment to Denmark.”

Bahrain: UN human rights experts urge immediate release of Abdulhadi Al-Khawaja

GENEVA (13 April 2012) – Four United Nations human rights experts on Friday urged the Government of Bahrain to immediately release human rights defender Abdulhadi Al-Khawaja who is serving a life sentence handed down by a military court on terrorism-related charges. The call comes amid serious concerns about the lack of due process and fair trial guarantees.

The National Safety Court, a military court, sentenced Al-Khawaja to life imprisonment on 22 June 2011, after his trial alongside a group of more than 20 human rights defenders. An appeal was rejected by the National Safety Court of Appeal on 28 September 2011. Al-Khawaja’s case is now being reviewed by the Court of Cassation which is due to deliver its verdict on 23 April.

“I am seriously concerned that Mr. Al-Khawaja’s trial and sentence are linked to his legitimate work to promote human rights in Bahrain,” said Margaret Sekaggya, the Special Rapporteur on human rights defenders. “This case is sadly emblematic of the overall treatment of human rights defenders in Bahrain.”

Maina Kiai, the Special Rapporteur on the rights to freedom of assembly and association expressed similar concerns about Mr. Al-Khawaja’s detention being directly linked to his human rights activities in the context of the on-going protests in Bahrain.

“Any restriction to the exercise of the right to freedom of peaceful assembly must be proportional and must be closely reviewed with respect to its necessity and reasonableness,” Mr. Kiai.

“Restrictions on the right to peaceful assembly on the grounds of national security should not be used to suppress the legitimate activities of human rights defenders and activists.”

Gabriela Knaul, Special Rapporteur on the independence of judges and lawyers, expressed grave concern about the trial of Al-Khawaja and other human rights defenders who were collectively tried before a military court despite being civilians. It is alleged that the group was held for a significant period of time in incommunicado detention before being allowed to seek legal counsel. Allegations that the defendants made confessions under duress have reportedly not been investigated and evidence obtained under torture was reportedly not excluded from the trial – in contravention of international law.

“The lack of due process which was alleged during the trials must be addressed by the court where his case is currently under review,” Ms. Knaul stated.

The Special Rapporteur on torture, Juan E. Mendez, added that: “The Government of Bahrain has failed to take necessary measures to ensure the physical and mental integrity of Mr. Al-Khawaja in accordance with the Standard Minimum Rules for the Treatment of Prisoners.”

Mr. Al-Khawaja has been on hunger strike since 8 February 2012. Despite assurances expressed by Bahraini authorities, reports and photos documenting his poor state of health continue to emerge.

“In view of the urgency of the matter, we strongly call on the Government to seriously reconsider the offer by Denmark to transfer Al-Khawaja, a dual citizen of Denmark and Bahrain, on humanitarian grounds, for medical treatment to Denmark,” the experts urged. 

ENDS

For media requests please contact Amanda Flores (            +41 22 917 91 86 begin_of_the_skype_highlighting            +41 22 917 91 86      end_of_the_skype_highlighting       / aflores@ohchr.org) or write to defenders@ohchr.org

OHCHR Country Page – Bahrain :

http://www.ohchr.org/EN/Countries/MENARegion/Pages/BHIndex.aspx

Formula 1 - Bahrain Grand Prix 2012

Click to enlarge the picture

About an hour ago the internet hacking group Anonymous disrupted the official Formula 1 website ahead of this Sunday's scheduled F1 race in Manama. Calling down shame on officials and organisers of the race, who have decided to proceed with the event despite widespread protests, escalating unrest, alleged violent dispersal of protesters and police abuses, and reports that journalists who do not belong to sports news crews have been prevented from entering the country, the message also calls for the release of Abdulhadi and other political prisoners. Most satisfyingly for me personally, the message linked to Front Line's website for further information about Abdulhadi's situation. 

I presume that the interruption to the website and Anonymous' message won't last long online, so I wanted to preserve it here while I had the chance. I haven't paid much attention to Anonymous before (without knowing much about their activities I've questioned their radical politics while nonetheless enjoying what I've seen as the healthy sense of irreverence behind their pranks) but I can't help but enjoy this stunt. 

Firstly, it should catch some headlines and attention for the bigger issue of the overall situation in Bahrain (news of the attack was proliferating across my Facebook news feed and presumably spreading across Twitter within minutes of the start of the disruption). But more importantly, it may hopefully show up amongst the primary search result for F1 fans looking for listings of this week's race, many of whom are more likely to be ordinary sports punters than observers of international politics, and thus may learn a thing or two. In addition, F1 are - or should be - worried about their relationship with corporate sponsors who have been pressured about their support for the event by petitions and critical international news coverage. I am perfectly happy to see the temporary disappearance of a website promoting those sponsors as a legitimate form of civil disobedience. 

The question of the relationship between Bahrain's financial and public interests and Formula 1 is an interesting one. General belief has it that the authorities are keen to utilise the race as a means of signalling that Bahrain is back to normal and open for business as usual. Thanks to a reported $40 million hosting fee, the authorities stand to make very little if any financial profit from the event; the real profit lies in the investment value of promoting tiny Bahrain as an exotic, safe and cosmopolitan destination for both tourism and financial investment. Some excellent commentary by Jane Kinninmont in Foreign Policy yesterday questions the success of this policy, but provides consideration of the positions of a wide spectrum of Bahraini actors towards the race in a way which is far more useful and grey-scaled than much of the news coverage suggests (for instance Al-Wefaq, the main opposition party, support the event). 

The real surprise has been this unexpectedly insightful article written by veteran British F1 driver Damon Hill. Two weeks ago Hill was a lone dissenting voice amongst F1 insiders in calling for the race to be cancelled. I found the article ultimately disappointing, given Hill's eventual acquiescence to the idea of the event going ahead. His invocation of the power of sport to "to inspire the young to take up a challenge from which they will learn about themselves and the world" left me somewhat cold - multi-million dollar F1 isn't exactly bringing football to the ghetto, after all. But Hill drew on a wide range of opinion and viewpoints, showed surprising insight into the various issues involved, and did make very clear his particular misgivings about how the decision to go ahead and the criticism of the event has been handled by F1 as an institution. Tellingly, he mentions Bernie Ecclestone (who this afternoon stood beside Bahrain's Crown Prince on the track dismissing claims about violence as a media fabrication) as a man "who few dare to publicly disagree with. Perhaps we should, instead of just muttering under our breath, scared of losing our passes." Well, indeed. 

But the most salient point of both Hill and Kinninmont's articles is that ultimately, the race gives both the government, the political opposition, pro-democracy activists and disaffected youth an unprecedented opportunity to raise publicity of their respective positions. In other words, without the race, news coverage and public debate would not have returned to Bahrain (from Syria, from Libya, from fiscal rescue packages, from whatever else is happening in the world right now). Hill noted of "extreme" protesters, that "without F1, perhaps their cause would have had less of a hearing." Its a valid point, but ultimately in my view, used incorrectly in this context to assuage the guilty conscience of a genuinely well-intentioned objector returning to the fold. 

As for Abdulhadi? Today is Day 71 of his hunger strike. The best way to put this in context is to remember that Bobby Sands, the most well-known of the IRA hunger strikers, died after 66 days of fasting. 

After a serious scare for his health two weeks ago, he had been somewhat stable while receiving glucose and water via IV. However, on 9 April the Bahrain Supreme Judicial Council refused to transfer Abdulhadi to Denmark (he also holds Danish citizenship) despite concerted diplomatic efforts on his behalf. Reuters had a good article yesterday outlining the various pressures and interests that compel both sides in this mexican stand off, in which a life hangs in the balance: simply put, neither side is willing to back down and lose face at this point. I can see Abdulhadi's viewpoint being simply that this has provided him with the first and only opportunity to take any form of control over his body and his circumstances since his arrest one year ago, since the torture and the sexual assault, since the trial before a military court on baseless charges of terrorism. 

This afternoon, his daughters Maryam and Zainab reported on Twitter that during a brief phone call with his family, he announced his intention today to stop taking water and to refuse further IV treatment. He also requested a meeting with his lawyer in order to draw up his will, which was denied. Finally, he stressed that protesters should continue to protest peacefully if he should die. "...I don't want anyone to be hurt in my name". 

I don't know what this means or what his intentions are. I don't know what may be going on behind closed doors. I am very frightened for him. I can't imagine what his family are going through. And I have no idea what on earth his death could achieve. 

Day 58 - Abdulhadi al-Khawaja

I haven't written here at all recently, the main reason being simply that many other things have arisen and sometimes taken priority in the past few months. I have felt bad about this for many reasons, but mostly because I should have been sharing information and highlighting things happening in one of the only ways I can.  

To get to the point: Abdulhadi al-Khawaja began a hunger strike on 8 February, vowing not to end until he was released from detention. Today is his 58th day without food, and things are looking particularly bleak. He has lost approximately 25% of his body weight, and I've seen a picture which quite upset me. He has been moved to hospital and it is feared that he might die over the weekend. 

At the start of last week, courts in Bahrain deferred a scheduled review of his detention until 23 April. My personal interpretation of these events is that the Bahraini authorities may deliberately want to delay a hearing until it is too late. 

His daughter Zainab, who I have written about previously, was arrested this morning while protesting outside the clinic where he is being treated. She is reportedly still in detention. 

I've written about Abdulhadi's case before, here, here and here. We used to work together at Front Line. He is a kind and gentle soul. More importantly for his country, where unrest continues despite a year of violent oppression, Abdulhadi is described as "the godfather" of human rights in Bahrain. His life and detention, his health and hunger, have become symbols of oppression, defiance and hope. 

Please click here to sign a petition for his release and here for other simple steps you can take to help. 

An editorial piece written by Front Line's Deputy Director, Andrew Anderson, is here.

Today's press release is below. 

PRESS RELEASE: Human Rights Defender and former colleague, Abdulhadi AlKhawaja close to death on 58th day of hunger strike in Bahrain

Abdulhadi Al Khawaja, former colleague and dear friend of Front Line Defenders, is on the 58th day of his hunger strike in Bahrain.

Abdulhadi started his hunger strike on the night of 8th/9th February. He was also part of a group hunger strike for 7 days from January 29th, so he has been on hunger strike for 65 of the last 68 days. His condition has deteriorated and he has been transferred to the BDF hospital.

According to medical experts, he now has an 80% chance of dying and is at risk of organ failure at any time. "We call on the Bahrain government to exercise mercy and immediately allow Abdulhadi to travel to Denmark for medical treatment as requested by the Danish Foreign Minister - Abdulhadi has dual citizenship with Denmark" said Mary Lawlor, Executive Director of Front Line Defenders, "We further call on the UN, the EU, the US and UK to issue public statements to this effect".

Abdulhadi is an internationally renowned human rights defender. He was arrested one year ago, brutally tortured and sentenced to life imprisonment after a grossly unfair trial before a military court on fabricated charges. Abdulhadi has worked non-violently for the human rights of others for many years and went on hunger strike for " Freedom or Death". His daughter Zainab attempted to see him yesterday, on his 51st birthday, and was arrested. She is currently being detained at Alhoora police Station.

If Abdulhadi AlKhawaja dies in the run up to the Grand Prix due to take place in Bahrain on 22nd April, it will increase the instability and unrest. "The Bahraini authorities clearly want to present an image of business as usual but their seeming indifference to the plight of Abdulhadi, risks tragic consequences for Bahrain" said Mary Lawlor "Those involved in Formula 1 must consult with independent journalists, community leaders, human rights groups, to get a good sense of what is going on - to see for themselves the situation in the gulf kingdom. From observing protests last week in Bahrain, it is clear that Bahrain is not safe for Bahrainis".

In a letter to his family a few days ago in the shape of a heart on the inside of a box of tea bags Abdulhadi wrote:

"My dear & beloved family, from behind prison bars, I send to you my love & yearning. From a free man, to a free family. These prison walls don't separate me from you, they bring us closer together. Our connection & determination is stronger than ever. We take our strength, from beautiful memories. Remembering every trip, every meal we ate together, all the conversations, remembering every smile, all the jokes & the laughter. The distance between us disappears, through our love & faith.

It's true: I am in here, & you are out there. But, you are in here with me, and I am out there with you. Our pain is made more bearable when we remember we chose this difficult path & took an oath to remain on it. We must not only remain patient through our suffering, we must never allow the pain to conquer our souls. Let our hearts be filled with joy, and an acceptance of the responsibility we have been given for in the end, this life is about finding a path of truth towards God".

Abdulhadi Al Khawaja receives a life sentence

This morning Abdulhadi Al Khawaja and seven other political prisoners in Bahrain were sentenced to life in prison by a military court. Several others recieved sentences of up to 15 years in prison. The BBC report that "the authorities claim that they plotted to overthrow Bahrain's Sunni rulers "by force and intelligence with a terror group colluding with a foreign country" - in an apparent reference to Iran."

The Guardian reports today that "The defendants punched their air with their fists and shouted 'peacefully' as their sentences were handed down, according to relatives." Later, "Khawaja then shouted: 'We will continue our struggle' ... His daughter, Zainab, was forcibly removed from court by female guards after she cried out 'Allahu akbar' or 'God is great'."

Bahrain may have been pushed back out of the headlines as a result of media overkill, Syria, Libya and any other number of this year's big news stories. But this verdict and its speed is a stain on Bahrain's conscience and shows that they continue to willingly punish their own people. The verdict, the proceedings and the prosecution itself are a disgrace. I can't help but think of the situation of these individuals as they sit in their cells tonight thinking about the months and years ahead, and their families at home facing the same truth. And besides the bleak immediate future of these individuals, how bleakly does this bode for the future of Bahrain, under a system that deems it appropriate and necessary to rule like this?

Below is the text of Front Line's statement.

Front Line, the Dublin based International Foundation for the Protection of Human Rights Defenders deplores and condems the life sentence passed against the organisation's former Protection Coordinator for the Middle East and prominent member of the Bahrain Centre for Human Rights, Abdulhadi Al Khawaja.

Today's verdict and the fact that the trial took place before a military court whose procedures fall far short of internationally recognised fair trial standards underlines the determination of the Government of Bahrain to secure a conviction at any cost” said Mary Lawlor, Executive Director of Front Line in Dublin today.

Abdulhadi Al Khawaja and the 20 other defendants were tried before the State of Safety Court which has consistently refused to address repeated and credible allegations of torture in pre-trial detention and during the trial itself. “This trial was a total legal charade and followed the brutal arrest and torture of Abdulhadi Al Khawaja for exercising his legitimate rights to freedom of expression and association by campaigning for democracy and human rights in Bahrain” said Ms Lawlor.

Front Line is concerned by the increasingly hard line being taken by the Bahrain Government. The targeting of members of the medical profession, including three doctors who are graduates of the Royal College of Surgeons in Ireland and the harassment of anyone who speaks about human rights abuses to the media is of particular concern.

“For the forthcoming national dialogue to have any serious hope of success the Government of Bahrain must attempt to restore trust as a vital pre-condition. The first step to creating trust is the immediate and unconditional release of Abdulhadi Al Khawaja and all other human rights defenders currently in detention including blogger and founder of Bahrainonline.org Ali Abdulemam who is being tried in absentia”, she added.

The Arrest of Mladic

I suppose it was quite inevitable that I would have to make some comment on this. I never planned on making this blog a political forum, I thought of it only as an extended travel diary - a sort of consolidated place which might form a more innovative improvement on sending tedious group emails. Maybe the frantic pace of news this year has kept me alert and opiniated, maybe it is simply that I've realised that this is a good place to raise awareness of some terrible things that have happened recently to people I knew. But it's also true that something as topical as the arrest of Ratko Mladic provides an interesting insight into one of the places I have been writing about, and for those of you who might have been interested on my musings on the subject, I feel that the large amount of press that this arrest has generated about Bosnia - a rare occurrence these days, now that both the international media and the internationally community itself is moving onto sexier, racier events and places - that some of this coverage might atone for the background information and the overall picture which I never really felt myself capable of providing.

So I felt it worthwhile to post an article which I found both powerful and moving today. It's written by one of the journalists who originally uncovered the existence of concentration camps in Northeastern Bosnia in 1992, exposing the details of ethnic cleansing internationally for the first time. "Ratko Mladic's arrest is a hollow victory in a country that refuses to apologise", it is entitled. It's not particularly long and I highly recommend reading it for anyone interested in the current state of affairs in Bosnia, because it is for me at least a response to my inner dismay that for all the extensive coverage of the arrest - the headlines, the reporters running back to the Balkans, the statements of praise from international dignitaries - none of it was really about Bosnia at all.

All the stories and the face-to-camera commentaries talked instead about Serbia: about it's EU candidacy, about its previous reluctance (now amended and forgiven) to arrest a man whose whereabouts was well known, about the implications for geo-political realignment and economic development in the region. None of the stories were about Bosnia, no one went and reported from Sarajevo. Glib statements that the survivors and the families of the victims of Srebrenica welcomed this news that "justice would finally be done" were left unsubstantiated. I really wished that I'd been back in Sarajevo last Thursday, to see and feel the reaction there. But my suspicions that there would be little celebrating were later confirmed by friends who mentioned the air of sadness, disappointment and anti-climax. It must have been a day for remembering - both in terms of the good memories of the individuals and the unbearable memories of what happened to them - and for the bitterness of futility.

Serbia and its politicians have been heaped with praise for doing something that they had the ability to do years ago. The timing alone strikes me as politically suspicious (Catherine Ashton's visit, Serbian state TV apologising for the propaganda it broadcast in the 1990s). The arrest has not been accompanied by the repeat of previous apologies or acknowledgements, only by Mladic and his supporters' insistence that he stands wrongly accused. Like Milosevic, he is in poor health and might potentially die before a trial is concluded. He won't be tried in Bosnia by Bosnian courts, prosecutors or judges. Even if found guilty, the trial is unlikely to provide information about the whereabouts of victims (or their remains) which are still missing, still buried in undiscovered mass graves. The arrest will make no difference to the fraught political situation within Bosnia, where those referred to as "the victims" of Sarajevo and Srebrenica generally feel that the Serbian ethnic cleansing campaign was a success, resulting as it did in the Serbian-controlled Republika Srpska - one of Bosnia's federal entities, taking up about half of the country's territory - which shows no sign of wanting to share a state with those eternally-referenced "victims".

As Ed Vulliamy puts it in the article mentioned above, "the Republika Srpska makes no secret of its desire to accede to Serbia proper, or to make Bosnia such a dysfunctional state that it becomes pointless".

I specialised during my Masters in international law, particularly international criminal justice. Obviously I am pleased that this man has finally been arrested - and that unlike some others on the 'most wanted' list, that this problem wasn't solved with several bullets to the head, administered by the agents of a foreign country. I look forward to pondering the legal issues in his forthcoming extradition and the upcoming legal battle and inevitable delaying tactics. And I don't argue that this Vulliamy's article is an impartial or objective account of Bosnia today or of Mladic himself - far from it, really. But at least it bothers to stop take a look around Bosnia and see what the arrest means for this beautiful, troubled, tragic little country, and that's something that has been sorely lacking since last Thursday.

The US, UK and Bahrain

I don't usually blog spontaneously and reactively - I try to make time for this, to compose my thoughts and to write rationally and reasonably. But news reports today have dismayed me, and three articles which I read in quick succession have made me want to react, immediately.

Firstly, leading headlines this morning were dedicated to Obama's speech on the Middle East last night, generally complimenting (at least if you read the "liberal" press like I do, being a weak-willed, jelly-kneed, bleeding-heart liberal and all) a shift in policy away from support to autocratic regimes in favour of the pro-democracy movements of the Arab spring. The extent to which a realignment of rhetoric will really change effective US policy in the Middle East (US military bases, supply of military equipment, political partnership) remains debatable, but some of the phrases in his speech, to me, were remarkable and typically eloquent.

"So we face an historic opportunity. We have embraced the chance to show that America values the dignity of the street vendor in Tunisia more than the raw power of the dictator ... After decades of accepting the world as it is in the region, we have a chance to pursue the world as it should be" ... "The status quo is not sustainable," Obama said.

Following on the imposition of sanctions against Syria by the US this week, the Guardian wrote that "the tone of the speech at the state department in Washington, the first major one on the Middle East since Cairo in 2009, was intended to suggest that the US is turning its back on its long-term policy of supporting dictatorships in the Middle East to guarantee oil supplies and instead will embrace democracy and commitment to human rights.

Yet on the same day, newspapers in the UK carried pictures of David Cameron welcoming the Crown Prince of Bahrain to 10 Downing Street, shaking hands in front of that iconic doorway. The Independent led with the headline, "Cameron embraces tyranny".

A Downing Street spokesman said last night: "The Prime Minister raised concerns about the situation in Bahrain and stressed the importance of the government moving to a policy of reform rather than repression." Mr Cameron said grievances on all sides should be addressed "through constructive dialogue". The spokesman added: "The Prime Minister emphasised his support for the Crown Prince's long-standing work to achieve political and economic progress in Bahrain."

I don't normally get outraged by politics on this level. I don't usually throw around words like duplicity or hypocrisy or outrage, and because I am at least resigned to the real politik of the real world, I usually subsist into disappointment and hopelessness about matters like this. But today, not long after I read those headlines I read this brilliant piece of writing by my former colleague at Front Line, Deputy Director Andrew Anderson. And I knew that I had to repost it immediately. We all need more writing like this - concise, measured, the opposite of hysterical but with a clear sense of purpose and immense feeling.

Obama, Cameron and Bahrain

Let us welcome President Obama's condemnation of repression in Bahrain even if it is long overdue and was qualified by weasel words about legitimate Government concerns and Iranian interference. He rightly said "mass arrests and brute force are at odds with the universal rights of Bahrain's citizens." Talking more generally he also said "the truth cannot be hidden," and "repression will fail, and tyrants will fall."

David Cameron's unwise decision to welcome Bahrain's Crown Prince to Downing Street may also turn out to have a positive side. There was widespread criticism across the UK media from the Telegraph and Mail to the Guardian. The highlight was the Independent's front page banner headline "Cameron embraces tyranny" over a picture of him shaking hands with the Prince on the steps of 10 Downing Street.

One must hope that the media coverage delivered a blunt message to Bahrain's rulers in a way that British and US Government diplomacy has so far failed to do. The Crown Prince had previously been positioned as an advocate of dialogue and reform and might still play a positive role. But not before there is an end to mass arrests, torture, show trials, mass sackings and brutal attempts to silence human rights defenders, independent journalists and all those who support peaceful change. There can be no dialogue whilst those the regime must speak with are in jail. Talk of "reform" is meaningless without respect for basic human rights.

My friend and former colleague at Front Line Abdulhadi Alkhawaja has been brutally tortured in the last weeks and there was an attempt to sexually assault him because of his refusal to apologise to the King on camera. My friend and prominent blogger and freedom of expression campaigner Ali Abdulemam is currently being tried in absentia alongside Abdulhadi. He was detained and tortured during a previous show trial last year. He was released in February but has not been seen since March.

These two gentle men, colleagues I have worked with, friends I have played football with, are demonised in the Bahraini Government controlled media as religious extremists engaged in a terrorist conspiracy on behalf of Iran. It is as absurd as the detentions of doctors, poets and Bahraini football players. And the mass loyalty pledges which are apparently to be engraved on gold swords.

Obama spoke of "shouts of dignity" and we have heard these in Bahrain, followed by shouts from the torture chambers. It is time to put an end to the madness and the US and UK must exert their influence more forcefully to avert the sectarian disaster which the current Bahraini and Saudi rulers seem to be determined to provoke. Free Abdulhadi Alkhawaja and the other detainees, end the show trials, and allow Ali Abdulemam and the other disappeared to return to their families in safety.

You can support imprisoned human rights defender Abdulhadi Alkhawaja here.

Abdulhadi suffered at least four facial fractures in detention and has claimed that he has been threatened

Bahrain: International trial observer refused entry – serious concern for the health and safety of Abdulhadi Al-Khawaja

An independent international trial observer was yesterday refused entry into the courtroom by the Bahraini authorities. The observer, a barrister from Tooks Legal Chambers in London, was mandated by Front Line to observe the trial of Abdulhadi Al-Khawaja, former Front Line Protection Coordinator for the Middle East and North Africa. She travelled to Bahrain to observe the hearing of 12 May. The trial started at the Lower National Safety Court on 8 May 2011.

Further Information

The Bahraini authorities' decision to refuse entry to international trial observers is in open contradiction to the statement issued by the Bahraini Lower National Safety Court on 8 May 2011 and widely publicised on Bahraini printed and broadcast media. According to the statement “attending trials is permitted for all civil society institutions, human rights organizations and media representatives to reflect the Kingdom's keenness to respect its international commitments in the field of human rights.”

Security officials refused to allow the observer in the courtroom on the basis that her ordre de mission had not been faxed one week in advance of the hearing. However, the hearing of 12 May had only been scheduled at the end of the opening hearing, on 8 May, thus making it impossible for the relevant correspondence to be faxed seven days ahead. Moreover, the authorities were informed of Front Line's intention to send a trial observer on 6 May, and were duly notified of the observer's credentials in advance of yesterday's hearing.

A security official explained to the observer that the trial was open to the public but that international observers, in addition to sending their ordre de mission a week in advance, must receive a written permission to attend. The official also added that this was a "military situation" and a "military institution" and that is why there were rules that needed to be followed. This appears to be in contradiction to public statements released by the Government of Bahrain declaring that the National Safety Court is not a military court.

The observer was repeatedly asked to leave the court premises, which she initially resisted. However, while in a waiting room together with family members who awaited to see the defendants, security officials repeatedly intimated to the families not to speak to the international observer. Furthermore, family member of Abdulhadi Al-Khawaja were told that they would not be allowed to see him unless the international observer left the court premises. The wife and daughters of Abdulhadi Al-Khawaja were not allowed to meet him despite the fact that observer immediately left once this threat was issued.

According to witnesses to the court hearing, Albdulhadi Al-Khawaja made several attempts to make a statement but was repeatedly silenced. However, he eventually said loudly that he had been threatened that very morning (12 May) and was fearful for his life.

As earlier reported, at the 8 May hearing Abdulhadi Al-Khawaja presented evident signs of ill-treatment and possibly torture. He reportedly suffered four fractures to the side of his face and continues to have problems eating. During his incommunicado detention he was reportedly admitted to the military hospital of al-Riffa to undergo a 4-hour operation.

Front Line deeply regrets the decision of the Government of Bahrain to hide itself from international scrutiny, despite earlier public declarations stating otherwise. Front Line reiterates its shock at the violent treatment Abdulhadi Al-Khawaja has received and remains seriously concerned about his health and safety in detention.

Front Line urges the Government of Bahrain to uphold “the Kingdom's keenness to respect its international commitments”, allow international trial observers, and effectively investigate the serious allegation of torture and ill-treatment in detention

*Blogger has been inaccessible from Kosovo for the last day or two so I haven't been able to post this until now, but the signs regarding Abdulhadi's detention are bleak. He has reportedly suffered four facial factures, had to have four-hour surgery following a fracture of his jaw, and is having trouble eating. His family were only allowed to speak to him briefly but reported that he looked very unwell. International observers are not allowed to monitor his trial, and he was not allowed to make a statement in court. He reportedly shouted that he had been threatened and was afraid for his life.

This is very upsetting.

Also read reports by Amnesty and Human Rights Watch.

Abdulhadi Al-Khawaja: Update

A quick update on the situation in Bahrain. Zainab Al-Khawaja has called off her hunger strike after ten days. Her health was deteriorating and she has stated that, with the support and encouragement of family, friends and other activists, she decided that she would of more use in speaking on behalf of those in detention if she was healthy. "Being silent in a tomb and not able to speak is not in the interests of my family," she stated.

This decision was also related to the first information the family has recieved about the three men in detention: Abdulhadi reportedly faced a military tribunal during a court hearing this morning, and has been charged with crimes against the state. Abdulhadi was allowed to call the family yesterday and Zainab Al-Khawaja's husband was also allowed to make a phone call. They were allowed to take clothes, toothbrushes and medicenes to deliver to the detainees.

Front Line's Deputy Director, Andrew Anderson, is in Bahrain at the moment but was not allowed to attend the military hearing in Manama this morning, and officials told him they could not confirm that the hearing was taking place.

Read the Guardian's report here and the BBC's report here.

Andrew filmed an appeal from Zainab Al-Khawaja in Manama a few days ago, which you can watch here.

Petition: Free Abdulhadi

Please sign this petition in support of imprisoned Bahraini human rights activist Abdulhadi Al-Khawaja.

My former colleague at Front Line, on 9 April Abdulhadi was the subject of a police raid in Manama. Security Forces raided his daughter's home where he was staying, beat him unconscious, assaulted several other family members including his daughter, and arrested him along with two of his sons-in-law. His place of detention is unknown, he has had no access to a lawyer and has been denied medication for an ongoing medical condition.

His daughter, Zainab Al-Khawaja, whose husband was also arrested alongside her father, has declared a hunger strike in protest at the arrests and has written an open letter to Barack Obama.

Signing the petition takes only a moment. Printing this letter, signing it with your name and posting it to the King of Bahrain will take only a few moments longer.