War Crimes Prosecution Watch: Volume 12, Issue 19 – November 27, 2017


FREDERICK K. COX
INTERNATIONAL LAW CENTER

Founder/Advisor
Michael P. Scharf

War Crimes Prosecution Watch

Volume 12 – Issue 19
November 27, 2017

Editor-in-Chief
James Prowse

Technical Editor-in-Chief
Samantha Smyth

Managing Editors
Rina Mwiti
Alexandra Mooney

War Crimes Prosecution Watch is a bi-weekly e-newsletter that compiles official documents and articles from major news sources detailing and analyzing salient issues pertaining to the investigation and prosecution of war crimes throughout the world. To subscribe, please email warcrimeswatch@pilpg.org and type “subscribe” in the subject line.

Opinions expressed in the articles herein represent the views of their authors and are not necessarily those of the War Crimes Prosecution Watch staff, the Case Western Reserve University School of Law or Public International Law & Policy Group.

Contents

AFRICA

CENTRAL AFRICA

Central African Republic

Sudan & South Sudan

Democratic Republic of the Congo

Burundi

WEST AFRICA

Côte d’Ivoire (Ivory Coast)

Lake Chad Region — Chad, Nigeria, Niger, and Cameroon

Mali

EAST AFRICA

Uganda

Kenya

Rwanda (International Criminal Tribunal for Rwanda)

Somalia

NORTH AFRICA

Libya

EUROPE

Court of Bosnia & Herzegovina, War Crimes Chamber

International Criminal Tribunal for the Former Yugoslavia

Domestic Prosecutions In The Former Yugoslavia

MIDDLE EAST AND ASIA

Iraq

Syria

Yemen

Extraordinary Chambers in the Courts of Cambodia

Special Tribunal for Lebanon

Bangladesh International Crimes Tribunal

War Crimes Investigations in Burma

Israel and Palestine

North Korea

Afghanistan

AMERICAS

North & Central America

South America

TOPICS

Truth and Reconciliation Commission

Terrorism

Piracy

Gender-Based Violence

Commentary and Perspectives


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Chile grants asylum to Venezuela’s opposition leader

By: Emily Green
Impunity Watch Reporter, South America

CARACAS, Venezuela – Chile’s Foreign Ministry granted political asylum to one of Venezuela’s most prominent opposition leaders, Freddy Guevara. He has taken refuge in the Chilean ambassador’s residence.

Freddy Guevara gives a press conference. Image Courtesy of Fernando Llano.

The Ministry said in a statement that “it had welcomed congressman Freddy Guevara as a guest, in line with Chile’s humanitarian tradition.” Mr. Guevara, 31, is the vice-president of Venezuela’s National Assembly. He has been accused of instigating violence during opposition protests, and asks for political protection because he feels there are imminent threats to his security.

Mr. Guevara arrived in Caracas On November 4 with his girlfriend to take refuge with the Chilean embassy. This concluded a suspenseful 24-hour period in which vehicles belonging to the Sebin intelligence police surrounded Mr. Guevera’s home and forced him into hiding.  Mr. Guevara is currently in the ambassador’s residence which is located in an exclusive country club neighborhood with walled-in estates and a golf course. There was no sign of activity at the refuge the following morning.

The Supreme Court of Venezuela is calling for Mr. Guevara’s arrest on allegations of inciting unrest and violence during months of anti-government protests. The National Assembly’s president, Julio Borges, claims President Maduro’s government is behind the court’s ruling. Several other key opposition members have been prosecuted, jailed, or stripped of their political rights since Maduro was elected in 2013. Mr. Borges stated, “Venezuela is hungry for food, but also freedom, justice and dignity.”

The government-stacked Supreme Court barred Mr. Guevara from leaving the country and has called on the Constitutional Assembly to strip his immunity from prosecution. The Constitutional Assembly was recently created to replace the National Assembly and is filled with pro-government members. President Maduro has given the Constitutional Assembly virtually unlimited power. However, law says that the opposition-controlled National Assembly should be the one to determine whether a legislator should lose constitutional immunity. This attempt to shift power away from the National Assembly and prosecute one of its leaders demonstrates Maduro’s effort to tighten his grip on power.

Venezuela’s Foreign Minister Jorge Arreaza spoke on behalf of the government and labelled Guevara a coward. He tweeted, “some people are brave when it comes to inciting violence, destruction and death, but when justice is done, they run away in shameful cowardice.” Other government authorities also publicly mocked him for taking refuge in the embassy.

The United States has denounced the pro-government Constitutional Assembly for taking his immunity. Mr. Guevara was often on the front lines of protests demanding early elections, humanitarian aid to alleviate hunger, freedom for imprisoned dissidents, and respect for the National Assembly.

For more information, please see:

Guam Daily Post – Venezuela opposition leader seeks refuge in Chile – 7 November 2017

Voice of America – US Denounces Venezuela After Legislature Targeted Opposition Leader Guevara – 7 November 2017

The Guardian – Chile willing to grant asylum to Venezuelan opposition lawmaker – 7 November 2017

BBC – Venezuela opposition politician Freddy Guevara seeks refuge – 5 November 2017

ABC News – Venezuela opposition leader seeks refuge in Chilean embassy – 5 November 2017

Crackdown on anti-Putin protests leads to several arrests

By: Sara Adams
Impunity Watch News Reporter, Europe

Russian police pat down a protester. Image courtesy of Nikolay Koreshkov.

MOSCOW, Russia – Several protesters were arrested by the Russian police in Moscow on November 5th.

News outlets are reporting anywhere from 86 to 260 have been arrested at an unauthorized gathering at Manezh Square.

The rally was allegedly planned by a group known in Russia for their anti-Vladimir Putin stance. The group, called Artpodgotovka, has been labeled an “extremist” group by a Russian court.

Russia’s security agency also reported that it had arrested several group members suspected of plotting to firebomb government buildings.

This is not the first time President Putin has sent in law enforcement to arrest people who oppose him.

In early October, 290 protesters were arrested among 26 cities. The protests were marches against Mr. Putin, taking place on his birthday.

Thousands reportedly marched against Mr. Putin’s government.

Free speech and assembly rights in Russia have been severely limited since Mr. Putin took presidential power in 2012.

Before that, Mr. Putin served as prime minister since 1999.

Much of the anti-Putin sentiment is stoked by fears of another revolution.

This year marks the 100-year anniversary of the Bolshevik revolution, the event that led to a massive civil war with millions of casualties.

The Russian government, the Kremlin, will not commemorate this event for fears of stoking anti-government sentiment.

Dima Litvinov is the great-grandson of Maxim Litvinov, who was a Soviet foreign minister after the Bolshevik revolution.

He says that his great-grandfather would be “horrified by the extreme nationalism and religious intolerance that is going up in Russia.”

He adds, “Russia, in a way, hasn’t moved on. People feel detached from the ability to affect their fate and the government. The authorities like it that way.”

Mr. Litvinov may not be far off.

The November 5th protesters are alleged to have been led by nationalist politician Vyacheslav Maltsev. Mr. Maltsev is an outspoken critic of Mr. Putin.

Mr. Maltsev has called publicly for Mr. Putin to be impeached. He also has said that a “revolution is imminent.”

While several of the protesters are being released from detainment, Mr. Maltsev is reportedly living abroad after a Moscow court issued an arrest warrant for him.

For more information, please see:

BBC News – Russia protests: At least 260 nationalist Putin opponents held – 5 November 2017

The Washington Post – Russia struggles with legacy of 1917 Bolshevik Revolution – 5 November 2017

ABC News – At least 86 Russian nationalist protesters reported arrested – 5 November 2017

Reuters – Police detain dozens in Moscow amid fear of anti-government attacks – 5 November 2017

The New York Times – At Least 86 Russian Nationalist Protesters Reported Arrested – 5 November 2017

CNN – Russian police arrest hundreds in protests on Putin’s birthday – 8 October 2017

Children Trafficked from Uganda “Adopted” in U.S.

By Sarah Purtill
Impunity Watch Reporter, North America

WASHINGTON, D.C., U.S. – The Davis family wanted to add to their family by adopting a child. After being in contact with Debra Parris of The European Adoption Consultants (EAC), Jessica and Adam Davis were told about a little girl named Mata. EAC said that Mata’s father was deceased and that her mother was severely neglecting her. The EAC informed the Davis family they had to decide quickly if they wanted to adopted Mata and so they quickly adopted her.

Mata and the Davises after they “adopted” her. Photo Courtesy of Jessica Davis.

As Mata’s English improved, the Davis’s learned more about Mata’s mother. The way Mata spoke of her mother did not reflect what the Davis’s were told. Jessica Davis then became suspicious. After a skype call between Mata and her mother, Jessica’s suspicions were confirmed. During the skype conversation, Mata’s mother revealed it was not her intention to give up Mata for good.

Instead, Mata’s mother explained how she was tricked into giving Mata up. Mata’s mother had been told that Mata would be given a great educational opportunity if she was sent away. Her mother was also told that Mata would one day return and that her mother would always be a part of her life. Mata’s mother unknowingly signed away her parental rights when she thought her daughter was being given a once in a life time experience.

When Jessica and Adam realized the information they had been told by the EAC was not true, they realized they had to reunite Mata with her mother. Jessica Davis contacted the U.S. State Department for guidance on how to proceed with the situation. The State Department told Jessica, “you can just keep her if you want.” She responded with, “I didn’t purchase her at Walmart.” Jessica was fearful that if the government notified EAC, something would happen to Mata’s mother. After a three-year journey, and $65,000, Mata was returned to her mother.

Mata reuniting with her mother and siblings after the Davis family brought her back to Uganda. Photo Courtesy of Keren Riley.

The Davis’s were crushed by this experience. They wanted to adopt a child as it was in line with their religious beliefs. Adam said, “We unwittingly placed an order for a child. The only trauma this poor kid ever experienced was because we essentially placed an order for a child.” The Davis’s had filed paperwork to vacate Mata’s adoption and the Ugandan government gave Mata’s mother her parental rights back. Jessica and Adam both believe that other Ugandan children like Mata are being trafficked without the American families who were “adopting” them being aware.

CNN investigated these claims and found that children were being taken from their homes in Uganda. Their mothers were being promised the same thing Mata’s mother was being promised, an educational opportunity for their children. The children were then placed in orphanages and sold for as much as $15,000. CNN also discovered that multiple families had been tricked by EAC. EAC was an adoption agency started by Margaret Cole. Cole started the adoption agency after she lost her child to SIDS.

EAC has been responsible for placing more than 2,000 children from overseas in homes across America since 1991. The agency continued to grow and handled adoptions from countries around the globe. CNN states, “tax records from 2000 to 2015 show that EAC reported more than $76.1 million in revenue and more than $76.3 million in expenses over that period.” In 2004, several families raised questions about their adoptions through EAC in story for Cleveland Magazine. Cole claimed back then that she had a “radar” for the shady businesses involved in adoptions but now stories like the Davis’s shows that this clearly is not the case. CNN has also been unable to locate Cole to receive commentary on CNN’s investigation.

EAC has been shut down by the State Department for 3 years. Since the shut down, the FBI has raided the building and taken away materials. The Ohio attorney general’s office filed suit in June to have the adoption agency ended for good. The EAC “failed to adequately supervise its providers in foreign countries to ensure” that they didn’t engage in the “sale, abduction, exploitation or trafficking of children,” according to the State Department. The Ugandan government shut down the orphanage that Mata had been placed in. In a letter to CNN, they said the orphanage had been closed for “trafficking of children,” “operating the children’s home illegally” and “processing guardianship orders fraudulently.”

The EAC building in Ohio has been abandoned since the agency has been debarred. Photo Courtesy of CNN.

A study done by the Ugandan government and sponsored by UNICEF in 2015 revealed that Ugandan parents were being deceived and bribed with financial incentives and orphanages were often complicit. The orphanages did not always verify information about children’s histories before putting them in the orphanage.

Mata’s story is similar to that of Violah. At 7-years-old, she was adopted by Stacey and Shawn Wells. Like the Davis’s, the Wells were coerced into making a decision quickly on whether or not they would adopt Violah. They paid EAC about $15,000 for the adoption. Violah lived with the Wells family for a year and during that time, they too saw inconsistencies with the adoption agencies story. They were told that Violah had been abandoned. But the longer Violah was with them, the more they learned how her mother took her to church and cooked dinner with her.

Violah also spoke about the day that she and her sister were taken away from their mother. After hearing Violah’s story, Shawn went on a Facebook page for the group Reunite. The page shared a post about a mother whose children were taken away from her against her will. Stacey knew that the woman in the post was Violah’s mother. The Wells thought they were adopting an orphan, but instead, Stacey says, “she was made an orphan.”

The Wells wanted to reunite Violah with her mother like the Davis’s reunited Mata with her mother. Stacey and Shawn reached out to Reunite’s Riley who told the Wells that Violah’s mother was lied to. She had been told Violah would get an education in America. It’s the same lie the traffickers told Mata’s mother. Violah’s mother had four children taken from her and she has only been reunited with two of them.

Violah and her mother are reunited in Uganda and embrace with each other and Stacey Wells. Photo Courtesy of Stacey Wells.

Violah and Mata are from the same village in Uganda. They have become friends since their return home. Mata’s mother said she was “very, very, very happy” that Mata has been returned to her. Violah’s mother also said she was “very happy and very grateful.” Now that the girls have been reunited with their mothers, they have kept in touch with the Davis and Wells families. The girls have blossomed since returning home.

Violah and Mata have become fast friends since returning to their mothers in Uganda. Photo Courtesy of Jessica Davis.

For more information, please see:

CNN – Kids For Sale: ‘My Mom Was Tricked’ – 13 October 2017

Ugandan Government – Information About God’s Mercy Children’s Home – 28 July 2017

Court of Common Pleas, Cuyahoga County, Ohio – EAC Lawsuit – 1 June 2017

Cleveland Magazine – Families In Crisis: When Foreign Adoption Goes Wrong – 2 March 2004

Miss Peru contestants use stage to protest gender violence

By: Emily Green
Impunity Watch Reporter, South America

LIMA, Peru –Peru’s Miss Universe Pageant broke from tradition in early November and dedicated the stage to raising awareness for gender violence. Instead of the standard answers, participants gave hard-hitting statistics about femicide that plagues their country.

Miss Peru Beauty Pageant 2018. Image Courtesy of Canal Peru.

The opening segment of Sunday night’s Miss Peru 2018 contest presented an unexpected set of figures to the audience. The time came for contestants to reveal their most intimate measurements on stage including bust, waist, and hip size. One woman responded, “my name is Camila Canicoba and I represent the department of Lima. My measurements are: 2,202 cases of murdered women reported in the last nine years in my country.” Each participant answered in the same way, offering horrific statistics about violence against women in place of their measurements. Another woman offered, “my measurements are: the 65 percent of university women who are assaulted by their partners.”

The pageant organizers later explained that the protest was planned. As each woman spoke, images of brutalized women and newspaper clippings about femicide killings flashed across the enormous screen. Pageant organizer and former beauty queen Jessica Newton sees the event as an opportunity to empower women. In a country with an appalling record for gender violence, the pageant is an effective way to reach the country. The program concluded with a question and answer portion where women were asked how they would change the legal code to better protect women.

Latin American beauty pageants are sometimes criticized as sexist and patriarchal in their portrayal of women. Many are quick to criticize the pageant for maintaining a swimwear segment where contests pose in bikinis. However, pageant supporters disagree. They argue that they should be treated with respect regardless of what they are wearing. Newton responds, “if I walk out in a bathing suit I am just as decent as a woman who walks out in an evening dress.”

Gender violence is an escalating problem in Peru, but awareness is growing. One of the most widely publicized cases was that of Lady Guillen. After showing photos of her bruised face that spanned all the way back to 2012, the judge decided that there was not enough evidence to prove her life was in danger. Her ex-boyfriend was released after only four years in prison. This case, along with many others, sparked the women’s rights campaign in Peru. In August, more than 50,000 people took part in a march in the capital, Lima, to protest the lenient sentences given to perpetrators of violence against women. The movement has continued under the slogan #NiUnaMenos (Not One Less).

The ultimate winner of the competition, Romina Lozano, said her “measurements were 3,114 female victims of trafficking that have been registered since 2014”. She also answered in her final question that she would “implement a database containing the name of each aggressor, not only for femicide but for every kind of violence against women”.

Accordingly, Human Rights Watch released a report that around 700 women were murdered in Peru between 2009 and 2015. Also, more than 50% of Peruvian women will experience severe domestic violence in her lifetime. These startling statistics make the #NiUnaMenos movement even more crucial.

For more information, please see:

Green Left – Miss Peru contestants place femicide centre stage – 4 November 2017

PRI – The dangers of reporting femicide in Argentina – 3 November 2017

The Guardian – Miss Peru contestants accuse country of not measuring up on gender violence – 1 November 2017

Independent – Beauty Pageant Contestants Use Stage Time To Inform Crowd About Women’s Rights – 1 November 2017

Vox – Miss Peru hopefuls chose to highlight women’s safety onstage instead of their measurements – 31 October 2017