By Hannah Stewart
Impunity Watch Reporter, Africa

NAIROBI, Kenya — The High Court of Kenya dismissed arguments on Thursday that Deputy Prime Minister Uhuru Kenyatta’s pending trial in the International Criminal Court for charges of crimes against humanity renders him ineligible for the presidential elections.

Kenyatta and his running mate, William Ruto, are two of four accused at the International Criminal Court of orchestrating tribal fighting that killed 1,200 people after the last vote in 2007.  Both men deny the charges.

Kenyatta, a former finance minister and the son of the country’s founding president, is running a close second to Prime Minister Raila Odinga according to opinion polls for the March 4 presidential election.

Odinga and Kenyatta lead largely ethnic-based coalitions with few ideological differences, and there was concern regarding how Kenyatta’s supporters might react had he been barred from the elections.

Similar ethnic rivalries fueled the fighting after the last presidential elections five years ago.  The violence marred the image of the east African country, the region’s most powerful economy and a key western ally in the war against militant Islam in the region.

In reaching their decision to decline the case, the panel of five judges said in an oral statement, “the High Court lacks jurisdiction to deal with a question relating to the election of a president.”  Moreover, the judges stated that, “this is an issue that is within the exclusive jurisdiction of the Supreme Court.”

The Principal Judge of the High Court, Mbogholi Msagha, further explained that the court lacked jurisdiction over the petitions filed by various legal and rights groups.  He stated that the petitioners should have requested the electoral commission exclude Kenyatta and Ruto the ballot.

Msagha also said that the court could not deny Kenyatta and Ruto their right to contest the poll because they had not been convicted.  He added that, “they are presumed innocent until proved otherwise.”

It is not immediately clear whether an appeal will be submitted to the highest court.  However, it is likely that, if elected president, Kenyatta’s first foreign trip abroad will be to appear in the Hague at a hearing scheduled for April.

Likewise, the Kenyan government is being sued for police brutality in the violence following the 2007 election.  The families of seven people shot dead and eight wounded survivors of the post-election violence filed a lawsuit this week to sue the Kenyan government.  The petitioners claim that the police fired the shots during a dispute over who won Kenya’s 2007 presidential election.

Four human rights groups are also part of the suit against the government.  Moreover, there have been warnings from various international human rights groups that the police are not ready to prevent electoral violence while refraining from human rights violations.  Advocacy groups have criticized the Kenyan police for decades of ineffectiveness, corruption, human rights violations, and impunity.

For more information, please see:

ABC – Kenyan Government Sued for Police Brutality – 15 February 2013

BBC News – Uhuru Kenyatta Free to Run After Kenya Election Ruling – 15 February 2013

Reuters – Kenyatta Cleared to Run in Kenya Vote Despite Charges – 15 February 2013

The Guardian – Kenyan Court Clears Way for Uhuru Kenyatta to Run in Election – 15 February 2013

By Ryan Aliman
Impunity Watch, Africa

HARARE, Zimbabwe – Several members of the Women of Zimbabwe Arise (WOZA) were assaulted and detained after two consecutive protests against the new draft constitution.

On February 13, WOZA members in Harare marched towards the parliament to stage a demonstration against the draft constitution.

Believing that the draft constitution is a “result of negotiations behind closed doors and a deal that suits the principals and the political parties in the inclusive government”, around 50 women filled the streets and rallied against its enactment. “… it was written for a current political climate and not for the future generation. A constitution is supposed to be written by the people because they should determine how they want to be governed. It is their role to give the rule to the rulers,” read some of the flyers the WOZA members were distributing during their march.

However, as they were approaching the parliament building, they were blocked by police officers. In an attempt to disperse the group, the police fired tear gas at the WOZA members. Afterwards, they arrested a number of protestors. Reports say that the police also used baton sticks, locally known as “sjamboks”, to beat up the detainees as they were being bundled into police vehicles.

The arrested WOZA members were eventually released without charge on the same day. But according to Dr. Tarisai Mutangi from the Zimbabwe Lawyers for Human Rights, a number of women sustained major injuries from the assault.

The following day, members from the Bulawayo chapter held their annual Valentine’s Day protest. With the theme – One Love, the protest was set to be staged outside the police Headquarters in 9th Avenue, at Southampton House. It aimed to raise awareness about police brutality and to urge the police to respond to the group’s formal complaints about arbitrary arrests and the police’s use of indiscriminate violence against protesters. Although the march began smoothly and peacefully, as the members neared the venue, police officers started chasing them off with baton sticks. Once again, WOZA members were brought into custody without charge and released on the same day. However, according to WOZA leader Jennifer Williams, unlike the arrests the previous day, six of their male co-members and one female co-member remain in detention.

Amnesty International’s southern Africa director Noel Kututwa condemned the violent treatment of WOZA members by the police forces. “This most recent incident sounds yet another alarm bell for the exercise of internationally guaranteed rights to freedom of expression, association and peaceful assembly in advance of the referendum on a new constitution and elections later this year,” Kututwa stated. “Human rights violations by the police, including arbitrary arrests and raids at offices of human rights defenders, go against the calls for tolerance made by President Mugabe and Prime Minister Tsvangirai,” he added.

 

For further information, please see:

WOZA – 195 arrested during Valentines Day protest, 50 beaten, Bertha remains in custody – 15 February 2013

All Africa – Zimbabwe: Woza Valentine’s Day Protestors Beaten And Arrested in Bulawayo – 14 February 2013

Amnesty International – Zimbabwe: Eight women arrested after handing out teddy bears and roses in peaceful protest – 14 February 2013

The Zimbabwean – Police arrest and assault WOZA members – 14 February 2013

ZimEye – Woza Woman Strips Naked Before Police, 180 Arrested – 14 February

SW Radio Africa – WOZA women beaten & detained after anti-constitution demo – 13 February 2013

 

By Heba Girgis
Impunity Watch Reporter, Africa

HARARE, Zimbabwe—Recent reports from the country of Zimbabwe indicate the country’s intent in preparing to hold major constitutional reform in March of this year.

Zimbabwe’s constitutional affairs minister says that a referendum on a new constitution has already been “tentatively” set for March 16, 2013. Following this referendum, the country will partake in elections later in the year to end the country’s current shaky coalition government.

The nearness of this March vote, however, has raised some suspicion among activist groups that Zimbabwe voters will not have enough time to read and become informed on the stances of this new constitution, a document the government has slated for a print run of 90,000 copies for distribution to Zimbabwe’s six million registered voters. This plan was announced at a half day public awareness workshop for members of parliament.

The Constitutional and Parliamentary Affairs Minister Eric Matinenga said, “On my way from Mvurwi (in Mashonaland Central) I learnt that the Office of the President was looking for me. I was then advised through the Minister who stood in for me at that meeting that the principals wanted to convey to me that tentatively the referendum will be held on the 16th of March.”

Matinenga hopes to have a two-day referendum in order to allow people to express their opinions. He commented further saying, “I am trying to gain audience with the powers that be and try to argue with them for a two-day referendum.” He also noted that this draft Constitution would be publicized, for “any document of this nature must be officially publicized.” This explains the 90,000 copies ready for distribution.

However, currently the voting is scheduled for just one day. Advocacy groups expressed concern that such a quick polling period prevents adequate voter education on the new rewritten constitution.

The new document was just completed on February 6, after three years of debates and disputes. Democratic reforms to the constitution were a key demand of the country’s regional mediators after the violent and disputed elections that took place in 2008.

Finance Minister Tendai Biti told members of Parliament that the United Nations had responded to the government’s request for funds in order to finance the referendum and to keep harmonized polls for the vote.

 

For further information, please see:

ABC News – Zimbabwe Sets March 16 Vote Date – 14 February 2013

AllAfrica – Referendum Date Set – 14 February 2013

Fox News – Zimbabwe Sets March 14 For Constitution Referendum Vote – 14 February 2013

TRNS – Zimbabwe and Kenya Brace for Major Elections – 14 February 2013

By Ryan Aliman
Impunity Watch Reporter, Africa

ADDIS ABABA, Ethiopia – Despite a change in administration, Ethiopian officials have renewed criminal charges against the former editor-in-chief of the now-defunct newspaper, Feteh, for allegedly criticizing former Prime Minister Meles Zenawi.

A judge in the Federal High Court in Addis Ababa revived three charges against Temesghen Desalegn, the former editor-in-chief of Feteh. Desalegn faces charges of defaming the government, false publication of articles, and “outrages against the constitution”.

The original charges relate to various articles published in Feteh between July 2011 and March 2012 before former Prime Minister Zenawi passed away last August, 2012. State prosecutors alleged that the Feteh articles falsely accused the government of interfering in religious affairs and discrimination against certain ethnic groups, and incited violence.

The evidence against Desalegn cited Feteh articles discussing subjects including how Ethiopians should be angry about the Government’s repressive practices; the role of the youth as agents of change and in popular uprisings in Ethiopia and abroad; and the lessons that should be learned from the overthrow of Hosni Mubarak in Egypt.

In the charge, the government cited two articles discussing the peaceful struggles of youth movements for political change in Ethiopia in the wake of the Arab Spring.

In addition, the government made reference to two columns criticizing the killing and imprisonment of student protesters; the massacres of ethnic minorities by government forces; and the ethnic federalism system introduced by the Meles Administration.

Desalegn was arrested on August 1, 2012, a few days after Ethiopian authorities closed the weekly newspaper and blocked the distribution of around 30,000 printed copies that contained conflicting reports on the health of the late prime minister.

With the same month, state prosecutors suspended the original charges against Desalegn without explanation. However, with the revival of the charges, Desalegn is currently facing the same charges he was facing last year.

The next court date is scheduled for March 26, according to local journalists.

Shimeles Kemal, a government spokesman, said that the charges had been renewed based on further incriminating evidence. Kemal offered no additional details.

Ethiopia, a close ally of the United States, has been repeatedly criticized by international human rights groups for legislating broad anti-terrorism legislation to punish critical journalists and opposition groups.

The Ethiopian government has denied all allegations that it is targeting journalists because of their reporting or affiliations with political groups.

However, with seven journalists currently behind bars and 79 that have fled the country, Ethiopia is the second-leading jailer of journalists in Africa after neighboring Eritrea, which has jailed at least 30 journalists, according to the Committee to Protect Journalists.

 

For further information, please see:

Sudan Tribune – CPJ Denounces Politicized Trial of Ethiopian Journalist – 10 February 2013

Committee to Protect Journalists – Charges Renewed Against Ethiopian Journalist Temesghen – 8 February 2013

Amnesty International – Ethiopia: Detention of Editor Signals Continuation of Meles-era Crackdown – 24 August 2012

All Africa – Ethiopia: In Ethiopia, Feteh Editor Jailed During Trial – 23 August 2012

 

By Heba Girgis
Impunity Watch Reporter, Africa

CAPE TOWN, South Africa—South African police today, Sunday, February 10, announced that the “ringleader” of a group of 19 Congolese rebels today faces charges of plotting a war with the goal of unseating the Congolese President, Joseph Kabila.

The ringleader, who the police declined to identify, was arrested on Friday. Captain Paul Ramaloko, a spokesman for the South Africa Police Service said that the leader did not fight the arrest, however, he did not offer any further details. The Captain did mention that, “he cooperated with us.”

The group of 19 individuals, including a United States citizen, also appeared before the South African court to face charges under the Foreign Military Assistance Act with their leader. The group was arrested in South Africa’s northern Limpopo province under the suspicion of running an illegal military operation. A law enforcement official said that they were actually members of the M23 rebels that have been working to overtake parts of Mali’s eastern region. The group members were not asked to enter any pleas, but rather have been ordered to return to court later this week on February 14, 2013.

These 19 individuals were arrested before their “leader” on February 5. South African prosecutors commented that the group believed that they had been on their way to a training camp, where they would learn the tactics they would need in order to wage a full scale war against the Kabila government. What the men did not know was that they were set up. The people that the group of 19 were in touch with were actually undercover police officers.

The rebel suspects asked the undercover officers for thousands of machine guns and grenades as well as missiles, cash, radios and satellite phones. In return, the group offered the officers mining rights in eastern Congo, where mining experts estimate mineral deposits worth trillions of dollars. One of the suspects is James Kazongo, a United States citizen who lives in Middletown, Delaware. He denied the charges against him and has been in contact with the United States Embassy in South Africa.

The arrested “ringleader,” Ramakolo said, is one of the main players in the plot, “in organizing the coup attempt.” He also will be expected to appear in court early this week.

 

For further information, please see:

ABC News – South Africa Police: Congo Rebel Ringleader Arrested – 10 February 2013

Business Day Live – South African Police Arrest Another Suspect in Alleged DRC Coup Plot – 10 February 2013

Calgary Herald – South Africa Police Say ‘Ringleader’ of 19 Congolese Rebels Allegedly Plotting Coup Arrested – 10 February 2013

Mail & Guardian – DRC Rebel Ringleader Arrested in Cape Town – 10 February 2013