Impunity is Not an Option: Ensure Accountability for Mass Killings in Egypt

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Impunity is Not an Option: Ensure Accountability for Mass Killings in Egypt

By : Jadaliyya Reports

[The following report was published by the Alkarama Foundation on 26 March 2014]

Impunity is Not an Option: Ensure Accountability for Mass Killings in Egypt

Introduction

In the age of human rights accountability, it is inconceivable that systematic extrajudicial killings of demonstrators remain poorly investigated and unpunished. Since the outset of the revolution on 25 January 2011, Egypt has witnessed killings of demonstrators under the rule of Mubarak, the Supreme Council of the Armed Forces (SCAF), President Mohamed Morsi and interim president Adli Mansour. Alkarama has continued to report on the violence carried out against demonstrators under each of these regimes since the beginning of 2011 by providing UN complaint mechanisms with relevant information on developments in the country.

While the violence against demonstrators has been endemic over the past three years, it peaked on 14 August 2013 when the Egyptian security apparatus stormed the sit-ins of Rabaa and Nahda, where protesters were demanding the return of Morsi as President. More than one thousand people died that day, but no one has been held accountable for the killings.

This pattern of killing and lack of accountability over the past three years indicates that there is a structural problem with the Egyptian security and judicial apparatus, making it unable to address violations of human rights, and more specifically, the right to life.

While commissions of inquiries have been constituted under the SCAF and the presidencies of Mohamed Morsi and Adli Mansour to investigate the killing of demonstrators, these have not lead to meaningful results. For example, under Mohamed Morsi’s presidency, a fact-finding committee was established pursuant to Decision 10 of 20 July 2012 to investigate the killings of demonstrators which had taken place between 25 January 2011 and 30 June 2012. The committee was entrusted with establishing the truth and determining who was responsible for violations against protesters. The findings were submitted to President Morsi in December 2012 but he refused to publish the results, thus indicating a lack of political will to ensure accountability.

Likewise, for the events of Rabaa and Nahda, no serious efforts have been undertaken to establish an accurate account of the violations. This should normally be done through the establishment of an investigation mechanism in conformity with international standards which would, after having identified those responsible for violations, bring the perpetrators to justice. It is submitted in this report that the Egyptian authorities that would normally be entrusted with the task of investigating the killing of demonstrators since 3 July 2013 are unable to produce meaningful results. In Egypt, it is the prosecutor who monitors the work of the security authorities. In addition, s/he also carries out the investigation and brings the charges at the same time. Egypt does not follow a system of mandatory prosecution, so it is up to the prosecutor to take the decision to prosecute. The prosecution’s work has significant impact on the case, as the judge rules according to the evidence presented by the prosecutor.

After a review of Egyptian law and practice, the extent to which prosecutors have failed to uphold human rights and more importantly, accountability for human rights abuses, will be exposed. The report will then examine their inability to carry out meaningful investigation and prosecution for violations committed by Egyptian officials since the military takeover. In addition, it will be shown that given the anti-Muslim Brotherhood (MB) climate encouraged by the government which has capitalised on shortcomings of Morsi’s presidency, accountability for the killing of MB protest- ers will be even harder to achieve. Even though the report seeks to shed light on the inability of authorities to prosecute violations of the right to life, it will also refer to other violations (torture, administrative detention) to highlight the discrepancy between internationally-accepted good investigation practices and the work of Egyptian prosecutors.

While this report deals with the discrimination faced by MB supporters at the hand of authori- ties responsible for ensuring accountability, this does not mean that, in practice, the violations highlighted in the report are restricted to the sole MB. Such violations have been occurring against demonstrators of various political background, opposed to the ruling regime over the past three years. Nevertheless, at no time has the repression been as systematic and widespread as it has been against the MB since 3 July 2013.

[To read the full report click here

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Past is Present: Settler Colonialism Matters!

On 5-6 March 2011, the Palestine Society at the School of Oriental and African Studies (SOAS) in London will hold its seventh annual conference, "Past is Present: Settler Colonialism in Palestine." This year`s conference aims to understand Zionism as a settler colonial project which has, for more than a century, subjected Palestine and Palestinians to a structural and violent form of destruction, dispossession, land appropriation and erasure in the pursuit of a new Jewish Israeli society. By organizing this conference, we hope to reclaim and revive the settler colonial paradigm and to outline its potential to inform and guide political strategy and mobilization.

The Israeli-Palestinian conflict is often described as unique and exceptional with little resemblance to other historical or ongoing colonial conflicts. Yet, for Zionism, like other settler colonial projects such as the British colonization of Ireland or European settlement of North America, South Africa or Australia, the imperative is to control the land and its resources -- and to displace the original inhabitants. Indeed, as conference keynote speaker Patrick Wolfe, one of the foremost scholars on settler colonialism and professor at La Trobe University in Victoria, Australia, argues, "the logic of this project, a sustained institutional tendency to eliminate the Indigenous population, informs a range of historical practices that might otherwise appear distinct--invasion is a structure not an event."[i]

Therefore, the classification of the Zionist movement as a settler colonial project, and the Israeli state as its manifestation, is not merely intended as a statement on the historical origins of Israel, nor as a rhetorical or polemical device. Rather, the aim is to highlight Zionism`s structural continuities and the ideology which informs Israeli policies and practices in Palestine and toward Palestinians everywhere. Thus, the Nakba -- whether viewed as a spontaneous, violent episode in war, or the implementation of a preconceived master plan -- should be understood as both the precondition for the creation of Israel and the logical outcome of Zionist settlement in Palestine.

Moreover, it is this same logic that sustains the continuation of the Nakba today. As remarked by Benny Morris, “had he [David Ben Gurion] carried out full expulsion--rather than partial--he would have stabilised the State of Israel for generations.”[ii] Yet, plagued by an “instability”--defined by the very existence of the Palestinian nation--Israel continues its daily state practices in its quest to fulfill Zionism’s logic to maximize the amount of land under its control with the minimum number of Palestinians on it. These practices take a painful array of manifestations: aerial and maritime bombardment, massacre and invasion, house demolitions, land theft, identity card confiscation, racist laws and loyalty tests, the wall, the siege on Gaza, cultural appropriation, and the dependence on willing (or unwilling) native collaboration and security arrangements, all with the continued support and backing of imperial power. 

Despite these enduring practices however, the settler colonial paradigm has largely fallen into disuse. As a paradigm, it once served as a primary ideological and political framework for all Palestinian political factions and trends, and informed the intellectual work of committed academics and revolutionary scholars, both Palestinians and Jews.

The conference thus asks where and why the settler colonial paradigm was lost, both in scholarship on Palestine and in politics; how do current analyses and theoretical trends that have arisen in its place address present and historical realities? While acknowledging the creativity of these new interpretations, we must nonetheless ask: when exactly did Palestinian natives find themselves in a "post-colonial" condition? When did the ongoing struggle over land become a "post-conflict" situation? When did Israel become a "post-Zionist" society? And when did the fortification of Palestinian ghettos and reservations become "state-building"?

In outlining settler colonialism as a central paradigm from which to understand Palestine, this conference re-invigorates it as a tool by which to analyze the present situation. In doing so, it contests solutions which accommodate Zionism, and more significantly, builds settler colonialism as a political analysis that can embolden and inform a strategy of active, mutual, and principled Palestinian alignment with the Arab struggle for self-determination, and indigenous struggles in the US, Latin America, Oceania, and elsewhere.

Such an alignment would expand the tools available to Palestinians and their solidarity movement, and reconnect the struggle to its own history of anti-colonial internationalism. At its core, this internationalism asserts that the Palestinian struggle against Zionist settler colonialism can only be won when it is embedded within, and empowered by, the broader Arab movement for emancipation and the indigenous, anti-racist and anti-colonial movement--from Arizona to Auckland.

SOAS Palestine Society invites everyone to join us at what promises to be a significant intervention in Palestine activism and scholarship.

For over 30 years, SOAS Palestine Society has heightened awareness and understanding of the Palestinian people, their rights, culture, and struggle for self-determination, amongst students, faculty, staff, and the broader public. SOAS Palestine society aims to continuously push the frontiers of discourse in an effort to make provocative arguments and to stimulate debate and organizing for justice in Palestine through relevant conferences, and events ranging from the intellectual and political impact of Edward Said`s life and work (2004), international law and the Palestine question (2005), the economy of Palestine and its occupation (2006), the one state (2007), 60 Years of Nakba, 60 Years of Resistance (2009), and most recently, the Left in Palestine (2010).

For more information on the SOAS Palestine Society 7th annual conference, Past is Present: Settler Colonialism in Palestine: www.soaspalsoc.org

SOAS Palestine Society Organizing Collective is a group of committed students that has undertaken to organize annual academic conferences on Palestine since 2003.

 


[i] Patrick Wolfe, Settler Colonialism and the Transformation of Anthropology: The Politics and Poetics of an Ethnographic Event, Cassell, London, p. 163

[ii] Interview with Benny Morris, Survival of the Fittest, Haaretz, 9. January 2004, http://cosmos.ucc.ie/cs1064/jabowen/IPSC/php/art.php?aid=5412