Kenya Refuses to Arrest Sudanese President Omar Al-Bashir

Kenya Refuses to Arrest Sudanese President Omar Al-Bashir

By: Amnesty International
August 27, 2010
Amnesty International has criticized the Kenyan government for its failure to arrest Sudan’s President Omar al-Bashir during his visit to the country to join celebrations ushering in Kenya’s new constitution, viewing the refusal to arrest President al-Bashir as an obstruction of justice for victims in Darfur.

The President of Sudan is the subject of an arrest warrant by the International Criminal Court for genocide, crimes against humanity and war crimes in Darfur.

“Kenya has regrettably followed the example of Chad, which violated its obligations under international law by providing safe haven to President Bashir during his visit to the country last month,” said Michelle Kagari, Deputy Director in Amnesty’s Africa programme.

As Kenya has ratified the Rome Statute of the International Criminal Court, the national authorities are obliged to cooperate with the Court, including arresting persons it has charged.

Amnesty International regrets that African states – which led efforts to create the Court – last month undermined their commitment to international justice by renewing an African Union decision not to arrest President al-Bashir.

“We are calling on those 31 African states that have ratified the Rome Statute to support international justice and uphold efforts to deliver justice, in particular in countries like Sudan where victims have no prospect of justice before national courts.”

Amnesty International is calling on all members of the international community to ensure full accountability for international crimes committed in Sudan.

“Kenya’s failure to arrest President Bashir is a worrying indication of its unwillingness to cooperate with the International Criminal Court’s new investigations and future prosecution of crimes committed in Kenya during the post-election violence in 2007-2008,” said Michelle Kagari

“It is disturbing that the Kenyan government is celebrating a new constitution – the national centre-piece of the rule of law – while obstructing justice for victims of such serious human rights violations in a neighbouring country.”

Democratic Republic of Congo: Mass rape highlights failures in protection and justice

AMNESTY INTERNATIONAL
PUBLIC STATEMENT

AI Index: AFR 62/009/2010
August 26 2010


Amnesty International is appalled at the latest reports of the mass rape and other sexual violence committed in the Walikale region of North Kivu between 30 July and 2 August.

According to the United Nations, more than 150 civilians in 13 villages were raped by members of armed groups, including the Democratic Liberation Forces of Rwanda (FDLR). Reports indicate that the rape was organized and systematic.

Amnesty International is calling for the government of the Democratic Republic of the Congo (DRC) and the United Nations to make every effort to provide the survivors, witnesses and their communities with immediate medical and psychological treatment. Evidence, including witness testimonies, should be gathered and preserved, in order to facilitate bringing the perpetrators to justice.

The attacks occurred only weeks after the United Nations Security Council adopted a new mandate for its Mission in the country to support the government in protecting civilians from violations of international humanitarian law and human rights abuses, including all forms of sexual and gender-based violence, and emphasizing that protection of civilians must be given priority over other tasks entrusted to the Mission.

Sexual and gender-based violence is widespread in eastern DRC and committed by all sides to the conflicts, including the government forces that the United Nations is supporting. Amnesty International believes that an immediate review of the failures of the government and the United Nations to protect civilians must be undertaken to address the horrors being inflicted on civilians and to prevent them from happening again.

Amnesty International also demands justice and full reparations for the survivors. A weak national justice system means that urgent efforts are needed to rebuild capacity at almost every level. In particular, special efforts must be undertaken to train national authorities in the effective investigation and prosecution of crimes of sexual violence and to remove obstacles for survivors seeking justice.

Rebuilding the rule of law must be seen as an essential element of longer term protection of civilians in the country. In the meantime, national and international justice solutions must be found to end the impunity that allows persons to plan and commit such crimes in the knowledge they will not be held to account.

Background

On 25 August, the Special Representative for Sexual Violence in Conflict Margot Wallström was put in charge of leading the UN’s response to the incident. Issues for discussion with the DRC government are expected to include Security Council’s outstanding request, in Resolution 1888 (2009) that the UN Secretary-General “deploy rapidly a team of experts to situations of particular concern with respect to sexual violence in armed conflict… with the consent of the host government,to assist national authorities to strengthen the rule of law”. This team of experts has not yet been deployed.

The UN Security Council is expected in November 2010 to debate developments relating to the “Protection of Civilians,” following its 10thanniversary debate on Resolution 1325 on “Women Peace and Security” at the end of October.

In May 2010, the UN Security Council adopted resolution 1925 (2010), authorizing the deployment of the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) until 30 June 2011.

Australian makes last ditch appeal to avoid death by firing squad

By Polly Johnson
Impunity Watch Reporter, Oceania

Rush has been in prison for more than five years on a heroin smuggling conviction..
Rush has been in prison for more than five years on a heroin smuggling conviction. (Photo Courtesy of ABC News).

DENPASAR, Indonesia – In a final attempt to avoid the death penalty, ‘Bali Nine’ drug mule Scott Rush made an emotional appeal to an Indonesian court on Thursday.

“I wish to say to you, my parents, my family, and the community, how sorry I am for the crime that I have committed and the pain that I have caused,” Rush told Denpasar’s District Court on Thursday.

Rush was nineteen years old when he was arrested at Denpasar airport with more than a kilogram of heroin strapped to his body. He was convicted of attempting to smuggle more than eight kilograms of heroin from Bali into Australia. Originally sentenced to life in prison, Indonesia’s Supreme Court unexpectedly increased his penalty to death.

Rush’s parents flew from Brisbane to Indonesia last week to be there for the appeal.

“It’s been extremely stressful for him to have this death penalty on his head,” Lee Rush, Scott’s father said. “We just tend to get on with life on a day-to-day basis, but I know we struggle with it as well, as parents.”

At his appeal on Thursday, Rush, dressed in a white collared shirt and adorned with a crucifix necklace, read out his statement in court, not shying away from his fear of death.

“I often wake up having nightmares. I often think about the firing squad and how long it will take me to die,” Rush said. He said that he has had a long time to think, having already spent five and a half years in Bali’s Kerobokan Prison, two of which were spent in the prison’s death tower.

“I pray that I may be given a chance to show my remorse and to give back to the community in a practical way. I would like to be an ambassador against drugs. I am a living example of how drugs can destroy lives and do cause family and friends so much unnecessary pain and distress,” Rush added.

His legal team has argued that he played a minor role as a courier and was not the mastermind of the operation, relying on letters from former Australian Federal Police (AFP) commissioner Mick Keelty, who said that Rush was just a courier and not an organizer. Rush’s lawyers said that Keelty’s letters were not considered at Rush’s trial.

If this final appeal fails, Rush’s last chance will be to seek clemency from Indonesian President Susilo Bambang Yudhoyono, who is notorious for showing no mercy to drug smugglers.

For more information, please see:

ABC News – Scott Rush in final death sentence appeal – 26 August 2010

Sky News – Rush’s final appeal resumes – 26 August 2010

Sydney Morning Herald – Drug mule Scott Rush pleads for his life – 26 August 2010

Sydney Morning Herald – Scott Rush’s final appeal to resume – 25 August 2010

ABC News – Bali Nine smuggler’s parents fly out for appeal – 9 August 2010

HUMANITARIAN CRISIS WORSENS AS SOMALIA RAMPS UP COUNTER-TERRORISM EFFORTS

By Eric C. Sigmund
Impunity Watch Reporter, Africa

MOGADISHU, Somalia – Violence continued in Somalia for the third straight day today as the government combats insurgent forces throughout the country.  Fighting erupted in Mogadishu after the Islamic insurgent group al-Shabab, an al-Qaeda sponsored radical Islamic organization, successfully carried out a number of suicide bombing attacks against civilian populations and government forces in the country’s capital.  The Somali government, supported by African Union troops, has engaged in an intensive campaign to push al-Shabab out of its strongholds and to maintain control of the capital.

80 Civilians Injured and Hundreds Displaced as Somali Government Combats al-Shabab Insurgents (Photo Courtesy of AP)
80 Civilians Injured and Hundreds Displaced as Somali Government Combats al-Shabab Insurgents (Photo Courtesy of AP)

The fighting however, threatens to aggravate the dire humanitarian situation already facing Somalia.  Although 25 percent fewer Somalis require international assistance compared to only six months ago, millions of citizens remain vulnerable and the fighting in Mogadishu may cause the government to divert resources away from the citizenry in order to fight terrorism.  According to the U.N. Food and Agricultural Organization in Somalia, over 35,000 children throughout the country remain malnourished and 90 percent of those children live within the conflict zone which has engulfed south-central Somalia.  The United States also reduced funding for the U.N. World Food Program in Somalia because of fears that money was going to fund al-Shabab.

A scarcity of resources is not the only concern for Somalis who reside within the conflict ridden territories of Somalia.  Civilians are also targets of al-Shabab suicide attacks.  On Tuesday, more than 30 people were killed when a suicide bomber detonated in a hotel.  Al-Shabab has also declared an “all-out war against AMISOM forces.” 

Al-Shabab however, is not the only blameworthy party in this conflict.  Somalis are also being killed in the government’s operations against the insurgent organization.  Amnesty International told reporters Wednesday that the government’s use of indiscriminate weapons, such as mortars, in densely populated areas has contributed to the civilian death toll.   Benedicte Goderiaux, an Amnesty International researcher in Somalia, criticized the government saying “[w]hen you have one party to the conflict which is committing abuses and violations of international law, that doesn’t justify the other side from also committing violations of international law.”  Ms. Goderiaux warns that the government must respect international law even while pursuing its counter attack strategy. 

Although the government reports progress in its fight against al-Shabab, civilians have borne the brunt of the fighting in Somalia.  Over 80 people have been killed and hundreds displaced in the last three days of fighting.

For more information, please see:

CBS News – Third Day of Fighting in Somalia’s Capital Kills 8 – 25 Aug. 2010

IC Publications Africa – Fresh Mogadishu Gunfight Kills Six Civilians – 25 Aug. 2010

Voice of America – Civilians Bearing Brunt of Somali Conflict – 25 Aug. 2010

Voice of America – Rain Eases Somalia’s Humanitarian Crisis – 23 Aug. 2010

Venezuela, Deadlier Than Iraq

By Patrick Vanderpool
Impunity Watch Reporter, South America 

Venezuelan Man who was Stabbed in the Eye During a Violent Outbreak (Photo Courtesy of www.sulekha.com)
Venezuelan Man who was Stabbed in the Eye During a Violent Outbreak (Photo Courtesy of www.sulekha.com)

 CARACAS, Venezuela – What has been viewed as an ongoing joke has officially become a grave reality.  It is almost unfathomable to think about, but there are places on earth more dangerous than an active war zone.  While the world is focused on the US war in Iraq because of the never-ending news cycles recounting the number of fatalities in any given given day, little attention is paid to a country that experiences even greater violence, Venezuela.

Venezuela has roughly the same population as Iraq, but experienced nearly four times the number of murders in 2009.  According to 2009 statistics, there were 4,644 civilian casualties in Iraq.  Although violence in Venezuela does not receive the amount of media coverage as Iraq receives, Venezuela’s more than 16,000 murders in 2009 dwarfs Iraqi casualties.

These alarming numbers are not a new phenomenon in a country that has experienced a surge in violence since President Hugo Chavez took office in 1999.  According to the Venezuelan Violence Observatory, it is estimated that there have been 118,541 homicides in Venezuela in the past decade.  The Venezuelan government has stopped releasing homicide statistics, but has not disputed the figures presented by VVO.

Wealthier Venezuelan citizens have resorted to hiding their homes behind walls and hiring foreign security personnel to advise them on how to avoid kidnappings and killings.  Unfortunately, every Venezuelan cannot afford such precautions and protection.

While the government has all but ignored the high crime rate, a recent photograph printed in El Nacional, a Venezuelan newspaper, depicting a dozen homicide victims strewn about the city’s largest morgue, has brought the issue to the forefront of Venezuela’s social conscience.  Although the photograph was exceptionally graphic, the most startling news may be that the bodies in the photograph were accumulated after only a two-day stretch.

While the photograph was a stark reminder to those living in the midst of this violence on a daily basis, the Venezuelan government attempted to quietly sweep it under the rug.  Almost immediately, a court ordered the paper to cease publishing the gory photograph and all others like it.  The prohibition has done little to quiet a public outcry that is concerned with why the government sits back in quiet acquiescence and lets the violence continue.

Teodoro Petkoff, the editor of another Venezuelan newspaper, sarcastically stated, “Forget the hundreds of children who die from stray bullets, or the kids who go through the horror of seeing their parents or older siblings killed before their eyes,” in response to the court’s order.

Venezuela’s capital city of Caracas has a murder rate of 200 victims for every 100,000 inhabitants, making it one of the deadliest cities in the Americas.  Other heavily populated South American capital cities, including Bogotá, Colombia and São Paulo, Brazil, have significantly lower murder rates at 22.7 victims per 100,000 inhabitants and 14 victims per 100,000 inhabitants respectively.

Scholars are confounded by the dramatic increase in violence over the last decade.  Some scholars attribute the violence to Venezuela’s shrinking economy.  As the income gap between the rich and the poor broadens, feelings of resentment increase.  In addition to the disenfranchised feelings, Venezuela is littered with illegal firearms.

Along with the income gap widening, Venezuela has the highest inflation rate in the hemisphere.  The inflation rate, coupled with low law enforcement salaries, has caused some law enforcement officials to turn to supplementing their incomes with criminal activity.

Other experts attribute the rise in violence to President Chavez himself.  Throughout the Chavez regime, the judicial system has become increasingly politicized and aligns itself with President Chavez’ political ideals.

To add insult to injury, more than 90 percent of Venezuelan murders go unsolved.  While some of the country’s most brutal killings remain open, the courts seem to tirelessly pursue individuals who are critical of President Chavez.

Bernardo Álvarez Herrera, the Venezuelan Ambassador to the United States, wrote an open letter to the New York Times claiming that the Venezuelan government is undertaking initiatives, including creating a national security force and funding a training program for law enforcement officials, to end some of the violence.  Herrera claims that stories highlighting the high murder rates understate the Venezuelan government’s efforts to solve the violence problem.  Human rights advocates are not impressed and say that the measures are too timid.

For more information, please see:

Island Crisis – Venezuelan Ambassador to U.S. Writes Open Letter to New York Times – 24 August 2010

New American – Murder Out of Control in Venezuela – 24 August 2010

New York Times – Venezuela, More Deadly than Iraq, Wonders Why – 22 August 2010