Amnesty International calls for justice for victims of paramilitary sexual violence in Colombia

Amnesty International calls for justice for victims of paramilitary sexual violence in Colombia

By Paula Buzzi
Impunity Watch Reporter, South America

BOGOTA, Colombia — Amnesty International released a new report today demanding more action from the Colombian government and justice for women and girls in Colombia who have been long-time victims of physical and sexual abuse through out the country’s 45-year civil war.

Colombia fails victims of sexual abuse. (Courtesy of Colombia Reports).
Colombia fails victims of sexual abuse. (Courtesy of Colombia Reports).

Despite claims of progress by the Colombia government, Amnesty reports that acts of sexual violence have almost doubled in the past decade. In 2010, the National Institute of Legal Medicine and Forensic Science reported 20,142 cases of sexual crime in Colombia compared to 12,732 cases in 2000. The actual number of sexual crime cases, however, is most likely a much larger number since eight out of ten cases typically go unreported by victims due to fear or shame.

Susan Lee, a director at Amnesty International, stated in the report that women are being used as “trophies of war” and that the issue of sexual violence within the military is being swept under the rug by government officials.

Included in the report were gruesome testimonies of emotional and physical suffering by Colombian women who have fallen victim to rape by paramilitary.

Shirley (name change) came forward in 2008 and told her story “so people would know this sort of thing happens.”  She stated that she was raped continuously by over 35 men for three months in 2005 until she managed to escape. None of the men she identified to authorities, however, are in jail.

“I couldn’t even tell when I was having my period, because I bled all the time. There were so many men,” she stated.

In response, the Colombian government placed Shirley in “safe housing” with other victims and — ironically– her rapists that had left the paramilitary years earlier.

Other testimony include that of women who were raped and tortured for attempting to report crimes of sexual violence to the authorities. According to a victim, although the Office of the Attorney General rehoused her, she was only afforded protection for a year and then kicked out of the protection program.

Obstacles to justice for women of sexual crime include: a lack of political and historical tradition of taking initiative in addressing these crimes, poor judicial training, and the fact that rape is not considered a crime under International law.

Amnesty International is calling for the International Criminal Court to step in and take action if the Colombian authorities continue to make crimes of sexual violence by armed men an invisible issue.

For more information, please see:

Amnesty International – Colombian authorities fail survivors of sexual violence – 21 September 2011

BBC News – Amnesty: Colombian women treated as ‘war trophies’ – 21 September 2011

Colombia Reports – Colombia is failing victims of sexual violence: Amnesty International – 21 September 2011

Trust Law – Colombia failing victims of sexual violence- Amnesty – 21 September 2011

United Kingdom Amends Outdated War Crimes Law

By Greg Hall
Impunity Watch Reporter, Europe

LONDON, England – After World War II, the United Kingdom (UK) passed a law that would enable anyone, even private individuals, to apply for an arrest warrant.  The arrest warrant could be issued to anyone, whether or not the alleged crimes took place in the UK or not.  The warrant, if issued, would bring that person back to the UK to be prosecuted upon approval of the Attorney General. An amended version of the law, which took effect last Thursday, limits the rights of citizens to seek the arrests of foreign politicians accused of allegedly committing war crimes.

Former Israeli foreign minister Tzipi Livni. (Photo courtesy of The Guardian)
Former Israeli foreign minister Tzipi Livni. (Photo courtesy of The Guardian)

Problems arose with the original law because of the very low standard of proof needed for an arrest warrant to be issued. Such problems included the alleged wrongdoer being needlessly put under public scrutiny and individuals purposely making allegations to tarnish another’s reputation. Even the Pope was threatened.  An arrest warrant, which was later dropped, was even issued to such high profile officials as former Israeli foreign minister Tzipi Livni.

The new law is likely to ameliorate British-Israeli relations. After fears that Livni could have been arrested had she not cancelled a trip to the U.K. in 2009, Israel stopped sending delegations to Britain and demanded that Britain amend the law. Israel’s fear stemmed from pro-Palestinian activists seeking arrest warrants for Israeli officials.

The amended bill will still allow for arrest warrants to be issued in countries outside the UK as if the crimes took place in the UK under the banner of “universal jurisdiction.” However, before any arrest warrant is issued, the consent of the Director of Public Prosecutions will be required.  Ideally this will raise the level of scrutiny on allegations and raise the standard of evidence required for an arrest warrant to be issued.  The goal is to reduce the number of unmerited claims and maintain integrity in the criminal justice system.

“We are clear about our international obligations and these new changes to existing law will ensure the balance is struck between ensuring those who are accused of such heinous crimes do not escape justice and that universal jurisdiction cases are only proceeded with on the basis of solid evidence that is likely to lead to a successful prosecution,” said U.K. Justice Minister Kenneth Clarke.

The impetus behind the original version of the law was the notion that some crimes are too heinous to go unpunished.  The amended law seeks to maintain that intent and purpose but will also put an end to allegations that have no real chance of succeeding.

British Ambassador to Israel Matthew Gould emphasized that the UK remains committed to ensure those guilty of war crimes will be brought to justice.  He stated, “The Police Reform and Social Responsibility Act, which has now received Royal Assent, includes an important amendment to ensure that the UK’s justice system can no longer be abused for political reasons, the change will ensure that people cannot be detained when there is no realistic chance of prosecution, while ensuring that we continue to honour our international obligations.”

For more information, please see:

UK Human Rights Blog – War Crimes Arrest Warrant Law Changes – 15 September 2011

YNet News – UK Amends Law That Allows Arrest of Israeli Officials – 15 September 2011

Reuters – UK law on rights arrests ends row with Israel – 15 September 2011

The Guardian – British Court Issued Gaza Arrest Warrant for Former Israeli  Minister Tzipi Livini – 14 December 2009

Ghana Moves to Abolish “Witch” Camps

By Carolyn Abdenour
Impunity Watch Reporter – Africa

ACCRA, Ghana – Last week, Ghanaian leaders and civil society groups gathered at the Towards Banning “Witches” Camps conference to develop a plan to abolish the six witch camps in the Northern Region.  Women and children reside in these witch camps after their communities banished them based on witchcraft accusations.  Deputy Minister for Women and Children’s Affairs Hajia Hawawu Boya Gariba plans to develop legislation to close witch camps, reintegrate women into their communities, and outlaw accusing women of being a witch.

Pajoe, a woman accused of witchcraft, with Gladys Lariba, Gambaga Outcast Home manager. (Photo Courtesy of Witches of Gambaga)
Pajoe, a woman accused of witchcraft, with Gladys Lariba, Gambaga Outcast Home manager. (Photo Courtesy of Witches of Gambaga)

However, witchcraft is not limited to the Northern Region.  Last year, five adults burned a 72-year old woman to death in Tema, a suburb of Ghana’s national capital Accra, because they believed she was a witch.  Another woman suffering from Alzheimer’s disease was tortured in Accra under witchcraft accusations after she got lost in the city.

Accusing a woman of witchcraft violates Section 5 of Ghana’s 1992 constitution, which ensures human rights and makes cultural practice that dehumanizes or injures the physical or mental health of a person illegal.  The constitution also states that a person is not guilty of a crime until a court of competent jurisdiction proves guilt.

A community member accuses the women of witchcraft when a sudden death, misfortune, or calamity occurs in the community, or based on the woman’s behavior resulting from old age, menopause, or psychological disorders.  A woman can be stoned, lynched, tortured, or banished from her community when she is accused.  After she is accused, the woman receives a trial to determine if she is a witch.  The trial consists of cutting the head off a chicken.  If the chicken lands face down or on its side, the woman is guilty.  If it falls on its back, the woman is innocent.

Once the trial is complete, the woman returns to her home or builds a new home at a “witch” camp.  The woman settles into a thatched mud hut with her possessions and children until she can reintegrate into her community, if ever.

Yaba Badoe directed and co-produced the film Witches of Gambaga.  This film depicts the stories of the women in the Gambaga Outcast Home in the Northern Region of Ghana.

Regarding the witchcraft accusations in Ghana, Ms. Gariba said, “The labeling of some of our kinsmen and women as witches and wizards and banishing them into camps where they live in inhuman and deplorable conditions is a violation of their fundamental human rights.”

For further information, please see:
Yaba Badoe – Witches of Gambaga –21 Sept 2011
GBC News – Abolish Witch Camps – 21 Sept 2011
Christian Science Monitor – Ghana aims to abolish witches’ camps – 15 Sept 2011
Ghanaian Chronicle – My Grandma is Not a Witch – 12 Sept 2011

UPDATE: CEASEFIRE IN YEMEN HOPES TO STOP THE KILLING OF PROTESTERS BY TROOPS LOYAL TO PRESIDENT SALEH

By Adom M. Cooper
Impunity Watch Reporter, Middle East

SANAA, Yemen–A ceasefire procured by Yemen’s vice president and Western diplomats has gone into effect in the capital of Sanaa, ending three deadly days of violence. Security forces backing Alu Abdullah Saleh, the president of Yemen, have fired upon a crowd of protesters in Sanaa, killing as many as 25 individuals while leaving hundreds of others wounded on Sunday 18 September. Some tens of thousands of protesters calling for the conclusion of Saleh’s 33-year reign poured into the streets of the Yemeni capital several days after protesters descended upon Yemen’s main university.

Yemeni doctors treat wounded protesters at a field hospital in Sanaa. (Photo Courtesy of NYT)
Yemeni doctors treat wounded protesters at a field hospital in Sanaa. (Photo Courtesy of NYT)

The ceasefire was put into effect at 1600 local time on Tuesday September 20, although witness still reported sparse gunfire among an otherwise relatively calm change in the status quo. Envoys from the UN and Gulf Cooperation arrived on Monday September 19 to attempt to get a deal done to end the bloodshed. Roughly 24 hours later, they were successful.

Early on Tuesday September 20, heavy shelling and machine gun fire shook Sanaa. At least 26 individuals were killed and several others were injured, according to witnesses and various medical personnel. The International Committee of the Red Cross (ICRC)’s deputy head of delegation in Yemen, Valerie Petitpierre, shared these words concerning the continued bloodshed.

“ICRC called on Yemeni authorities, pro-democracy protesters and others involved in the violence to spare lives after scores were killed in the past 72 hours alone.”

The violence on Sunday September 18 began as the anti-government demonstrators marched down Agriculture Street, which is located on the eastern edge of a long-running sit-in protest, protected by Maj. General al-Ahmar of the opposition. The protesters said that they were attacked as they moved past the area controlled by the army’s First Armored Division, led by al-Ahmar.

The security forces reportedly used heavy-caliber machines guns and other weapons to punish the protesters for their peaceful demonstration. Sakher al-Oldany, a 20-year-old protester, said the protesters moved beyond the area protected by the First Armored Division, hoping to “escalate the rebellion against the government.”

Mohammad al Qadhi, a Yemeni journalist, said the government was using snipers to target and fire upon demonstrators from the rooftops.

“I talked to one of the protesters. He told me shots were fired on chests, legs, and other parts of the body.”

Witnesses reported that forces loyal to Saleh as well as armed civilians opened fire on protesters who left Change Square. The protesters had setup camp in Change Square since earlier this year in February, demanding regime change and marched towards the center of the city.

More than 100,000 protesters gathered on Sunday 18 September around the state TV building and government offices in Sanaa. Freelance journalist Tom Finn reported that he was able to count at least 16 bodies piled up in a mosque, most of them bearing headshot wounds.

“Most of them are under 22. I saw one that was 16 years old. There are three hospitals in Sanaa filled to the brim with the injured. One doctor said he expects the death toll will rise over 50 by tomorrow morning.”

The march was the first in several months since demonstrators had gathered outside a portion of the capital controlled by Maj. Gen. Mohsin al-Ahmar. al-Ahmar is widely recognized as the second most powerful person in the country after President Saleh and he has sided with the opposition.

al-Ahmar said that his fighters chose not to return fire after they were shelled by the Republican Guard. He cited that he did not want to give President Saleh any excuse not to sign a deal to transfer power.

The crackdown on the protesters come as Abdrabuh Mansur Hadi, Yemen’s vice-president, will sign a Gulf Arab initiative to arrange for a transfer of power in Yemen “within a week,” according to a high-level Saudi official. Requesting anonymity, the high-level Saudi official shared these words.

“Within a week, the vice president will sign the Gulf Initiative in the name of the president.”

Last week, President Saleh authorized his vice-president to negotiate a transfer of power with the opposition contingents. The Gulf Arab Initiative was proposed by the six-nation Gulf Cooperation Council and sets the path for a peaceful removal of Saleh from power, a position he has held since 1978.  Saleh fled the country approximately three months ago for Saudi Arabia, where he had been recovering from a June assault on his presidential compound.

On Saturday 17 September, thousands of protesters crashed onto the main university in Sanaa, preventing the first day of school and called for the end of Saleh’s reign. The protesters shut the doors of administrative buildings and tore down images of Saleh in the dean’s offices.  As many as six students were injured during the protests, while many others enthusiastically chanted for change.

“No studying, no teaching until the president goes.”

In other areas around Sanaa, at least 20 other schools were kept closed to students on Saturday 17 September. According to Fata Mutahar, principal of Ayesha School in Sanaa and an official with the Education Ministry, government gunmen and troops whom have defected to the opposition are using many educational buildings as outposts.

“Schools are for learning, not to serve as barracks.”

It is clear that the protests and demands for Saleh’s ouster are taking their toll on Yemen’s population, especially its youth. Until a peaceful and substantive removal of Saleh from power, the youth of Yemen should expect continued denial of their education. While many of the youth may only be able to understand that their education is the only thing at risk due to the status quo, the opposition struggles for every aspect of life.

They struggle to ensure that the future leaders of Yemen will one day read about the revolution in a history book, knowing that they were affected in many more ways than just school closings.

For more information, please see:

Al-Jazeera-‘Ceasefire’ halts third day of Sanaa violence-20 September 2011

BBC-Yemen unrest: ‘Ceasefire’ halts fighting in Sanaa-20 September 2011

CNN-Dozens killed as international pressure mounts in Yemen-19 September 2011

Al-Jazeera-Many protesters shot dead in Yemen-18 September 2011

The Guardian-Yemeni protesters ‘fired on by troops’-18 September 2011

NYT-Yemeni Forces Open Fire, Killing at Least 15 Protesters-18 September 2011

Reuters-At least 25 killed in anti-Saleh march in Yemen-18 September 2011

BBC-Yemen unrest: Protesters wounded in Taiz-15 September 2011

CNN-Yemeni troops wound 12 protesters-15 September 2011

Vatican Decision Condemns Chilean Priest – Chilean Government Quick to Follow, Opens Investigation

by Emilee Gaebler
Impunity Watch Reporter – South America 

SANTIAGO, Chile – Archbishop Fernando Karadima was sentenced by the Vatican on March 18, 2011 for his sexual assault of minors.  He was moved into retirement far away from his community, immediately upon the release of the decision.  The Vatican stated he was to spend the remainder of his life in “prayer and penitence” for his actions.

Karadima celebrating mass. (Photo Courtesy of Media Project)
Karadima celebrating mass. (Photo Courtesy of Media Project)

The 80 year old priest was an influential religious figure in Santiago.  His parishioners were from the upper -class of the city.  Karadima was a leader and mentor to five bishops and dozens of priests.  He was accused by four men  who were former parishioners.  They claimed they were sexually molested by Karadima as young boys, abuse that began over 30 years ago.

The Vatican decision has spurred the Chilean courts into action.  Karadima has not yet been prosecuted criminally for his sexual abuse of children.  A previous investigation was started back in 2010 but was dismissed shortly after for failure to prove misconduct.  The current investigation started once the Vatican decision came out.

Karadima has consistently maintained his innocence, attributing the claims leveled against him to jealousy and the devil.  Recently he has come forward to the judge, hearing his criminal prosecution, with claims that Cardinal Francisco Javier Errázuriz paid more than $1million US to stop publication of a book about Karadima’s abuse of parishoners. 

Other disturbing news surrounding the delayed investigation and prosecution has emerged.  Allegations have been made by Karadima’s lawyer, Juan Pablo Bulnes, that his office was illegally searched by police forces with no legal warrant. 

Bulnes wanted the transcripts of the Vatican trials, which he had refused to turn over and were confiscated in the serach, deemed inadmissible.  However, the Chilean Supreme Court ruled on 7 September that the evidence will be permitted in future trials, despite the controversial manner in which they were obtained.

The actual court proceedings against the priest ended back on July 19 and two months later there has still not been an announced verdict. 

 

For further information, please see;

The Santiago Times – New Scandal Rattles Chile’s Catholic Church – 11 September 2011

The Santiago Times – Controversial Evidence Permitted in High-Profile Sex Abuse Case – 8 September 2011

Vatican Insider – The Karadima Scandal: The Vatican Model of Justice – 1 July 2011

The New York Times – Chilean Priest Found Guilty of Abusing Minors – 18 February 2011