Category Archives: Islam

Islamic history, Islamic law, Islamic texts

Tunisian Journalists Arrested on Morality Charges

Three Tunisian Journalists Arrested

[Trois journalistes arrêtés]

On 15 February, 2012,  Tunisian authorities arrested the owner and publisher of  the newspaper Attounsia, as well as one of its editors and a reporter, for “violating public morals,” after the publishing on its front page a photo one of a sports figure with a nude woman. Here’s what the page looks like:

Real Madrid midfielder German-Tunisian Sami Khedira and his partially-nude girlfriend German model, Lena Gercke.
 
 

This is the first documented incident of journalists being arrested since the Tunisian Revolution overthrew the regime of Zine El Abidine Ben Ali  in January 2011. The Committee to Protect Journalists called on authorities to release them immediately.

“Really, this is laughable,” a staff member of the Arabic-language daily said. “This photo has gone around the world and yet they stand accused of violating decency,” he said. The photo was widely shared on Facebook. Originally, it appeared on the cover of  the German magazine GQ.

The journalists face up to five years in prison under article Article 121 of Tunisian penal code.
Under Article 121(3) of the Tunisian penal code, distributing or displaying information “that can harm public order or good morals.” Here’s the original Arabic text:

الجمهورية التونسية * المجلة الجزائية

الفصل 121 ثالثا (أضيف بالقانون عدد 43 لسنة 2001 المؤرخ في 3 ماي 2001 والمتعلق بتنقيح مجلة الصحافة)

يحجر توزيع المناشير والنشرات والكتابات الأجنبية المصدر أو غيرها التي من شأنها تعكير صفو النظام العام أو النيل من الأخلاق الحميدة وكذلك بيعها وعرضها على العموم ومسكها بنية ترويجها أو بيعها أو عرضها لغرض دعائي.

وكل مخالفة للتحجير المنصوص عليه بالفقرة السابقة يمكن أن يترتب عنه زيادة على الحجز في الحين عقاب بالسجن من 6 أشهر إلى خمسة أعوام وبخطية من 120 دينارا إلي 1200 دينار

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Last August, the magazine Tunivisions published an article featuring Tunisian supermodel Kenza Fourati clothed only in body paint that raised questions about freedom of the press and what is appropriate to show on the cover of a magazine.

Tunisian supermodel Kenza Fourati
More Images for Tunivisions Kenza Fourati

Trois journalistes arrêtés pour une couv’ osée

“Vive la Révolution!”

FOLLOW  UP,  Thursday, February 23:

Tunisian newspaper publisher arrested over nude photo released ahead of verdict

A court has released the publisher of a Tunisian newspaper accused of violating public morals by publishing a photo of a naked woman, pending a verdict in the case. Publisher Nasreddine Ben Saida was released Thursday while he awaits the verdict in the case, expected March 8.

FOLLOW  UP: 9 March 2012

Tunisian Publisher Fined Over Photo
By REUTERS

Copyright 2012 The New York Times Company. All Rights Reserved.TUNIS (Reuters) — A Tunisian court fined a newspaper publisher $665 on Thursday for printing a photograph of a soccer player posing with his nude girlfriend, a ruling that raised concerns about a possible news media crackdown by the country’s new Islamist government.

The newspaper, Attounissia, is a tabloid created after the revolution that ousted President Zine el-Abidine Ben Ali last year. It published a photograph last month of Sami Khedira, a soccer player for Real Madrid who is Tunisian and German, dressed in a tuxedo with his hands covering the breasts of his naked girlfriend, Lena Gercke, who is a German model.

The photograph angered the country’s public prosecutor, who ordered the detention of the publisher, Nasreddine Ben Saida, as well as of two senior journalists at the newspaper. The journalists were quickly released, but Mr. Ben Saida spent eight days in jail before being released on bail during a court hearing on Feb. 24.

Mr. Ben Saida was fined on Thursday for offending public morals and taste by publishing the photograph, the official news agency TAP reported. The case has led secular Tunisians to fear that the Islamist-led government will seek increasingly to censor material it deems offensive.

 غرامة بألف دينار لمدير جريدة “التونسية”

 قضت أمس الدائرة الجناحية الثامنة بالمحكمة الإبتدائية بتونس بتخطئة مدير جريدة «التونسية» نصر الدين بن سعيدة بخطية مالية قدرها ألف دينار وإعدام المحجوز من أجل تهمة وضع وبيع نشرات وكتابات إلى العموم من شأنها النيل من الأخلاق الحميدة

 وكذلك المس من صفو النظام العام طبق أحكام الفصل 121 من المجلة الجزائية. وكان بن سعيدة أطلق سراحه بعد أن قضى ثمانية أيام في سجن ايقافه وذلك على خلفية نشر»صورة فاضحة» للاعب الكرة القدم الألماني من أصل تونسي سامي بن خذيرة البالغ من العمر 24 سنة صحبة عارضة الأزياء الألمانية لينا جارك البالغة من العمر 23 عاما بصحيفة «التونسية».

“… To the shores of Tripoli”

America’s Military Connection to Libya and Tripoli’s Link to the US Marines’ Hymn

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Two Hundred years ago the newly independent U.S.A. won a military victory in Libya that inspired the famous words from Francis Scott Key:

THE MARINES’ HYMN

From the Halls of Montezuma
To the shores of Tripoli
We fight our country’s battles
In the air, on land and sea.

United States relations with what is now Libya have a complex history going back to America’s first decades. Although two other North African states, Morocco and Tunisia, were among the first countries in the world to recognize the USA diplomatically, the new nation soon fought the Barbary Wars in the Mediterranean over attacks on its ships by pirates from Tripoli—the origin of the “shores of Tripoli” reference in the Marines’ Hymn.

Why the Corps were on the shores of Tripoli

President Thomas Jefferson became the first US president to bypass Congress and take the nation to war in 1801. It was the First Barbary War of 1801-1805. It was also a war of many firsts: the first foreign war fought by the US after the American Revolution,  the first time an American soldier shed blood on foreign soil, the first time the US Marines saw battle, and the first time the Stars and Stripes were raised over foreign soil after a military victory. It was also the first attempt by the US to overthrow a foreign ruler and install an American-friendly government – an attempt which ended in compromise, not in victory. The mission was embarrassingly abandoned yet oddly commemorated by the Marines who never actually made it to the shores of Tripoli.

The Barbary Wars


125px-Flag_of_the_Ottoman_Empire_(1453-1844).svgولايت طرابلس غرب =Vilâyet-i Trâblus Gârp = Flag of the Ottoman Empire -Tripoli

The “Barbary” states are actually the North African states of today’s Algeria, Morocco, Libya, and Tunisia that were nominally governed by the Ottoman Empire. The Barbary Wars originated from the Barbary Coast pirates’ attacks on ships and crews along the North Coast of Africa. Since the 13th century, Barbary Coast pirates had attacked European ships in the Mediterranean, freeing crews and cargoes only after receiving ransom payments. For a higher price, the pirate states would agree to abstain from taking ships or hostages in the first place. During the 2nd half of the 18th century and before the Treaty of Paris, which granted America’s independence from Great Britain, American shipping was protected by France. Shortly after independence, more than one-fifth of U.S. trade then was with Mediterranean countries. And without the protection of the British and the French navies (then fighting each other elsewhere), American shipping began to fall prey to the pirates around 1784, sometimes at a cost of 20% of the US budget. The need to protect American shipping was a major factor in drafting a new and stronger US Constitution. James Madison wrote in the Federalist Papers of “the rapacious demands of pirates and barbarians,” that should be a good reason for American states to unite into a strong central government.

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USS Philly 1799

Thomas Jefferson preferred “confrontation with Barbary to blackmail.” US naval squadrons began to appear off the North African coasts to demand  liberation of hostages as well as free trade and free passage. In October 1803, Tripoli’s fleet captured the flagship USS Philadelphia intact after the frigate ran aground on a reef while patrolling Tripoli harbor. The ruler of Tripoli,  Yusuf Karamanli, imprisoned the entire 307-man crew of the 36-gun frigate and aimed its cannon at the rest of the U.S. fleet. In February 1804 U.S. Marines stormed the vessel and set fire to Philadelphia.

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The burning frigate Philadelphia in the harbor of Tripoli, February 16, 1804, by Edward Moran, painted 1897.

In 1805, William Eaton, the former US Consul in Tunis, organized a land attack on Libya. He lead nine Marines and 400 mercenaries on a two-month march of 500 miles from Egypt to Darnah, then Libya’s second-largest city. U.S. Navy ships also  bombarded the town where more than 800 people were killed. Marines then raised the 15-star U.S. flag over Darnah’s harbor fortress. A month later, Karamanli signed a new treaty and released the captain and crew of the Philadelphia (in exchange for $60,000). The American victory in Libya (though not in the city of Tripoli proper) was a historic event which established the US new military prowess. It would be enshrined in the Marine Corps Hymn, written in celebration of William Eaton’s victory of 1805:

Francis Scott Key’s new poem, “When the Warrior Returns,” was about the battle in Darnah, Libya. In it was a phrase that he would use nine years later while watching the British attack Fort McHenry:

And pale beamed the Crescent, its splendor obscured

By the light of the Star Spangled flag of our nation.

Where each radiant star gleamed a meteor of war,

And the turbaned heads bowed to its terrible glare.


handar4Translation into Arabic of the the Marines Hymn:

من قاعات مونتيزوما

إلى شواطئ طرابلس ؛

نحارب معارك بلادنا

والحفاظ على شرفنا النظيف ؛

في الهواء ، في البر والبحر ؛

الأولى للكفاح من أجل الحق والحرية

والحفاظ على شرفنا النظيف ؛

نحن فخورون للفوز بلقب

البحرية الولايات المتحدة

[MORE]——


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Remains of sailors from the USS Intrepid are buried at a cemetery overlooking the harbor in Tripoli. Some may be at a site nearby.


Remains of sailors from the USS Intrepid are buried at a cemetery overlooking the harbor in Tripoli. Some may be at a site nearby. (Courtesy U.S. State Department) A bipartisan group of senators is pressing to repatriate the remains of 13 American sailors who died two centuries ago fighting pirates off the Libyan coast.

The sailors’ remains have been buried near the shores of Tripoli for 207 years after the sailors died in a failed mission against Barbary pirates.

In recent years, a small group of descendants has been seeking to bring them back to the United States. That effort appeared to gain momentum last spring, when the House backed a measure that would force the Defense Department to repatriate the remains. But the measure stalled in the Senate.

This week, a group of key senators wrote to the leaders of the House and Senate armed services committees, urging them to include a repatriation provision in the defense authorization bill that’s in conference committee. Although the cemetery was recently restored, the senators said, it remains in jeopardy because of concerns about U.S.-Libyan diplomacy..

“Today, the future of our relations with Libya is uncertain,” the senators wrote. “For this reason, the restoration and preservation of the American Cemetery and its graves for the Navy’s sailors are … problematic.”

The Navy, however, opposes bringing the remains back to American soil, saying it considers Libya to be the sailors’ “final resting place.” Sen. John McCain (Ariz.), the ranking Republican on the Armed Services Committee, has asked the Navy and other defense officials for more information about their views on the issue. The Navy has said it has concerns about the ability to identify the remains.

In their letter, the senators backing the measure said there was no comparison between the physical state of the cemetery in Tripoli and other overseas locations where U.S. troops are buried, and that, as a result, they supported the effort to “exhume, identify and to repatriate.”

An assessment from the Congressional Budget Office found that repatriating the remains would cost $85,000 to $100,000, according to the letter.

The letter was signed by Sens. Dean Heller (R-Nev.), John Boozman (R-Ark.), John Kerry (D-Mass.), Robert Menendez (D-N.J.), Jim Webb (D-Va.), Richard Blumenthal (D-Conn.), Scott Brown (R-Mass.), Frank Lautenberg (D-N.J.), Ron Wyden (D-Ore.) and Olympia Snowe (R-Maine).

“Three Cups of Tea” Spilled?! Swallowed?!

3cupsT

“Three cups of tea :  one man’s mission to fight terrorism and build nations– one school at a time”

by Greg Mortenson and David Oliver Relin.

Greg Mortenson was accused of fabricating important parts of Three Cups of Tea, his bestselling 2006 memoir about building schools in Pakistan and Afghanistan. The book describes Greg Mortenson’s transition from an “American mountain-climber to a humanitarian committed to reducing poverty and promoting education for girls in Pakistan and Afghanistan.” In 1993 Greg Mortenson “was  mountain-climbing bum wandering emaciated and lost through Pakistan’s Karakoram. After he was taken in and nursed back to health by the people of a Pakistani village, he promised to return one day and build them a school. From that rash, earnest promise grew one of the most incredible humanitarian campaigns of our time–Mortenson’s one-man mission to counteract extremism by building schools, especially for girls, throughout the breeding ground of the Taliban. In a region where Americans are often feared and hated, he has survived kidnapping, fatwas issued by enraged mullahs, death threats, and wrenching separations from his wife and children. But his success speaks for itself–at last count, his Central Asia Institute had built fifty-five schools.” (From publisher Viking Press description).

“It’s a beautiful story, and it’s a lie,” Jon Krakauer told CBS’ Steve Kroft.

Krakauer, an author and adventurer, originally backed the nonprofit Central Asia Institute with $75,000 of his own money before withdrawing his support.

From Viking Press
In regards to the 60 Minutes episode that aired April 17, 2011: “Greg Mortenson’s work as a humanitarian in Afghanistan and Pakistan has provided tens of thousands of children with an education. 60 Minutes is a serious news organization and in the wake of their report, Viking plans to carefully review the materials with the author.”

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Mortenson has admitted to “some omissions and compressions” while largely defending his work. Up until the program had aired, and for the last 15 years, no one in the USA questioned him and no one listened closely to what Pakistanis themselves had to say: the unraveling of the Mortenson story has come as no surprise there.

A few facts about Gilgit-Baltistan: گلگت – بلتستان, formerly known as the Northern Areas (شمالی علاقہ جات, Shumālī Ilāqe Jāt):

  • Gilgit Baltistan is a self governed region in the north of Pakistan. It is governed through a representative Government and an independent judiciary. Gilgit Baltistan is home to one of the most diverse socio-cultural geography in the world. It has been called the Roof of the World, the Wonderland of Asia and the Jewel of Pakistan.
  • The region of Gilgit-Baltistan which Mortenson describes as a wild area of extremist and violent terrorism actually is a peaceful, predominantly Ismaili region whose inhabitants see the Paris-based Aga Khan as their spiritual leader. There is a strong Tibetan Buddhist influence. The Aga Khan Development Network has been building schools in the region.  Pakistani journalist Rina Saeed Khan points out Gilgit-Baltistan has one of the highest literacy rates in Pakistan.


UN security council resolution 1973 (2011) on Libya – full text

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The UN Security Council has passed a resolution authorising “all necessary measures” to protect civilians in Libya from pro-Gaddafi forces.  Read the full text of the resolution passed at UN headquarters in favor of a no-fly zone and air strikes against Muammar Gaddafi.

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Department of Public Information • News and Media Division • New York

Security Council

6498th Meeting (Night)

Security Council Approves ‘No-Fly Zone’ over Libya, Authorizing ‘All Necessary Measures’ to Protect Civilians, by Vote of 10 in Favour with 5 Abstentions

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ARABIC text of UN security council resolution 1973 (2011)

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مجلس الأمن

قرار مجلس الامن

القرار  ١٩٧٣

الذي اتخذه مجلس الأمن في جلسته ٦٤٩٨ ، المعقودة في ١٧ آذار/مارس ٢٠١١

إن مجلس الأمن،

إذ يشير إلى قراره ١٩٧٠

المؤرخ ٢٦ شباط/فبراير ٢٠١١

وإذ يعرب عن استيائه لعدم امتثال السلطات الليبية للقرار  ١٩٧٠
وإذ يعرب عن القلق ا لبالغ إزاء تدهور الوضع وتصاعد العنف والخسائر

الفادحة في صفوف المدنيين، …………… الخ

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Libya UN Resolution 1973:

Text analysed (BBC)

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210px-Flag_of_Libya.svg

[Gaddafi’s flag]

Feb 26, 2011
Security Council
SC/10187/Rev.1**Department of Public Information • News and Media Division • New YorkSecurity Council 6491st Meeting* (PM)

In Swift, Decisive Action, Security Council Imposes Tough Measures on Libyan Regime, Adopting Resolution 1970 in Wake of Crackdown on Protesters Situation Referred to International Criminal Court;Secretary-General Expresses Hope Message ‘Heard and Heeded’ in Libya

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دستـور لـيبيـا

أصدرته  “الجمعية الوطنية الليبية” في 7 أكتوبر 1951

وألغاه الإنقلابيون في أول سبتمبر 1969

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Libyan Constitution

(Libyan Constitutional Union)

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Libya’s Constitution

[English Translation]

Promulgated by the “National Constituent Assembly” on

7th October 1951

Abolished by a Military Coup d’etat on

1st September 1969

The Arab democratic wave: how the EU can seize the moment

Report – n°9, March 2011 [PDF]

The European Union Institute for Security Studies (EUISS)

Following the extraordinary events that have been unfolding across the Arab world, the EUISS has opened an online debate to discuss the implications of the Arab democratic wave for EU foreign policy. The EUISS has invited academics, policymakers, think tankers and other influential voices from a variety of backgrounds including from North Africa, the Middle East and Europe to contribute to this pluralistic online debate.