Friday, May 06, 2005

Politics & Policies: Struggles with democracy

By Claude Salhani
UPI International Editor

Published 5/6/2005 8:18 AM

WASHINGTON, May 5 (UPI) -- As the Arab world struggles to accept and adopt concepts of democracy, recent action by two U.S. allies -- Tunisia and Saudi Arabia -- worry human rights and democracy advocates. The recent arrest and conviction of a Tunisian lawyer and three Saudi men is seen as a major setback for pro-democracy advocates in the Arab World.

Despite shortcomings, President Zine El-Abidine Ben Ali's government seemed to be making progress as Tunisia appeared set on the path to showing greater respect for human rights. Georgie Anne Geyer, a well-respected nationally syndicated columnist who covers international affairs, called the pace of progress in Tunisia a "phenomenon."

"We didn't win over the (Islamist) fundamentalists in the 1980s with machine guns," Tunisian officials told Geyer.

But recently attorney Mohamed Abbou found himself on the wrong side of the legal bar when a Tunis criminal court sentenced him to 3? years imprisonment on April 28. His "crime" was publishing statements "likely to disturb public order" and for "defaming the judicial process."

Unfortunately, such verdicts are catchall phrases under which the judicial system becomes elastic, stretching laws to accommodate the political will and policies of government.

The charges brought against Abbou referred to an article he wrote in August 2004 comparing torture and ill treatment endured by political prisoners in Tunisia with the treatment suffered by U.S. detainees at Abu Ghraib Prison in Iraq.

"The human rights community in Tunisia has been under sustained pressure from police and other state agents for years, who have thwarted the legitimate activities of judges and lawyers carrying out the duties of their profession and have violently attacked and intimidated these individuals and members of their families," claims Human Rights First, a non-governmental organization working to secure human dignity and respect of the rule of law.

"Mohammed Abbou has been sentenced to a harsh prison term for exercising his right to freedom of expression," Human Rights First said in a release.

But in a memo made available to United Press International, the Tunisian Embassy in Washington, claims there were two cases brought against Abbou.

The first case, the embassy said, "was initiated against Mr. Abbou by one of his female colleagues for severe violence against her. These acts led to the hospitalization of the latter at the emergency room and caused her, according to physicians, 10 percent permanent incapacity."

The second case refers to "defamation of the judicial authorities and spreading false information that may disrupt public order." The government further stated that there have been attempts "by extrazealous (sic) individuals" to disturb the court proceedings.

Neill Hicks, director of International Programs at Human Rights First, told UPI: "The Tunisian government are extremely dirty players in all of this." Hicks said that there was indeed an earlier assault charge, pending from 2002, which the judge added "at a very late date.

"The way the assault charge was introduced was completely unfair," said Hicks, adding Abbou's lawyers were given no time to check the facts of the first charge.

Meanwhile, Saudi Arabia, whose Crown Prince Abdullah recently walked hand-in-hand with President George W. Bush when the de-facto Saudi ruler visited the Texas ranch in April, charged three Saudi reformers at a hearing held behind closed doors.

The three men -- Ali Al-Domaini, Matrook Al-Faleh, and Abdullah Al-Hamed -- were charged with calling for a constitutional monarchy in Saudi Arabia. The trial was adjourned several times earlier this year on request of the prosecutor who asked for more time to "collect additional evidence" against the three.

The three men were part of a group of 116 who in December 2003 petitioned the Saudi government for comprehensive reforms in the Kingdom, and among 13 people arrested on March 16, 2004, for introducing "Western terminology" in asking for reforms, according to The Center for Democracy & Human Rights in Saudi Arabia.

The other 10 were released after the Saudi government pressured them into signing affidavits agreeing not to petition or speak publicly about democratic reform, nor to travel outside the country.

The trial of the three remaining reformers took on special significance when they demanded their court hearings be open to the media and the public, a right awarded to defendants in Saudi Arabia -- on paper.

The Center for Democracy & Human Rights in Saudi Arabia describes their detention conditions as "inhumane." It claims there have been "delaying tactics by the prosecution, and verbal acts of intimidation from the judge."

The democratic reformers have so far stood their ground and have refused to crack under intense Saudi government pressure to give up their demands, says the Center for Democracy & Human Rights in Saudi Arabia.

"When we talk about Ali's trial, we shouldn't talk about it singularly. It is the trial of reform in Saudi Arabia," says Fawzia al-Ouni, wife of Ali Al-Domaini.

A judgment is expected within the next few weeks. Few observers, however, anticipate the three will be acquitted and released.

Ali Alyami, Director of the Center for Democracy & Human Rights in Saudi Arabia, called on the Bush administration and the U.S. Congress to "stop regarding the Saudi royal family as sacrosanct and start holding them accountable for their violations of human rights.

"Defeating terrorism and eradicating religious extremism and intolerance require a genuine overhaul of Saudi political, social, religious, and economic institutions," said Alyami.

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(Comments may be sent to Claude@upi.com.)

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