War Crimes Prosecution Watch Volume 10 – Issue 18 November 16, 2015

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.

Central African Republic & UgandaDarfur, Sudan

Democratic Republic of the Congo

Kenya

Libya

Côte d’Ivoire (Ivory Coast)

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

Extraordinary Chambers in the Courts of Cambodia

Iraq

Syria

Islamic State of Iraq and the Levant

Special Tribunal for Lebanon

War Crimes Investigations in Burma

NORTH AND SOUTH AMERICA

United States

South & Central America

TOPICS

Piracy

Gender-Based Violence

National League for Democracy Party Wins Majority in Myanmar’s Parliamentary Election

 

By Christine Khamis

Impunity Watch Reporter, Asia

 

NAYPYIDAW, Myanmar –

Parliamentary election results indicate that military-backed rule in Myanmar will soon come to an end. Myanmar’s election commission made the announcement on Friday that Nobel Peace Prize winner Aung San Suu Kyi’s National League of Democracy Party had won a majority of Myanmar’s parliamentary seats. The elections were the first freely held elections to take place in Myanmar in 25 years, with 80% turnout among 30 million voters.

Aung San Suu Kyi of the National League for Democracy Party. (Photo courtesy of BBC)

The results of the election have not been completely counted, but the National League for Democracy (NLD) currently holds over 80% of the parliamentary seats. The ruling military backed party, the Union Solidarity Development Party (USDP), holds around 5% of the seats.

A presidential spokesman has stated that it will take at least another week to count the election results. When the outcome is made official, lawmakers will then begin the process of choosing Myanmar’s next president. Because the NLD has won the majority of the parliamentary seats so far, the party will be able to select the next president, who will then choose a new Cabinet and fill other official posts.

The new parliamentary government will not be official until January of next year. The pre-election parliament will continue to have full legislative power until then. At that point, the new parliament will choose a new speaker, who will go on to select two vice presidents and the president in March.

The current ruling party, led by President Thein Sein, has pledged to honor the results of the election. Ms. Suu Kyi is set to meet with President Sein and army Commander-in-Chief Min Aung Hlaing in Nay Pyi Taw next week to discuss the incoming government.

Current President Thein Sein. (Photo courtesy of BBC)

Even as the government will no longer be military-backed, Myanmar’s electoral system is still skewed in favor of the military. The military will have the power to appoint a quarter of the lawmakers in Myanmar’s parliament and will also continue to control the police and key bureaucratic offices.  In addition, the military’s commander in chief is autonomous from the president and the parliament under Myanmar’s current constitution.

Because she has two foreign-born children, Ms. Suu Kyi is unable to become president. There is a military drafted provision in Myanmar’s constitution that prohibits those with foreign family members from becoming the president. Ms. Suu Kyi was reelected to her own parliamentary seat for the Kawhmu constituency in Yangon, but she aspires to fill an office above the position of president and appoint the new president as her proxy. Although Ms. Suu Kyi intends to fill a role above the president, the military will still have the power to veto any proposed alterations to the constitution.

Friday marks the fifth anniversary of Ms. Suu Kyi’s release from house arrest, where she remained for almost two decades. Ms. Suu Kyi was placed under house arrest after her party won Myanmar’s national election in 1990, with the military annulling the results and refusing to hand over power.

President Sein’s government, in place since 2011, has marked a improvement from Myanmar’s international isolation caused by its military rule. Western sanctions have been lessened as President Sein has made efforts to move toward civilian-run government in Myanmar. He has initiated several political reforms by freeing prisoners, making peace deals, and relaxing media censorship.

 

For more information, please see:

BBC – Myanmnar Election: Suu Kyi’s NLD Wins Landslide Victory – 13 November 2015

CNN – Aung San Suu Kyi’s NLD Wins Historic Majority – 13 November 2015

New York Times – Myanmar Election Panel Says Aung San Suu Kyi’s Party Won Majority – 13 November 2015

NPR – Aung San Suu Kyi’s Party Wins Majority in Myanmar’s Historic Election – 13 November 2015

 

 

Chinese Activist’s Unexplained Death in Detention Center

By Christine Khamis

Impunity Watch Reporter, Asia

 

BEIJING, China –

Chinese rights activist Zhang Liumao died last week in a police detention center in Guangzhou, the capital of Guangdong Province. Police have given no information about Mr. Zhang’s death and his family has been prevented from seeing his body.

Guangdong Province (Map courtesy of China Connection Tours)

Mr. Zhang was detained during a police raid in August for “picking quarrels and stirring up trouble”. His family believes that he was detained in connection with a literary magazine that had been circulating in Guangzhou. Mr. Zhang’s sister, Zhang Weichu, told Radio Free Asia that the police department stated that he had been detained for opposing the Communist Party.

Mr. Zhang was not allowed to meet with his lawyers during his detainment, and his family never received a formal arrest warrant or any information on his detainment. Chinese law mandates that a person must be either officially arrested or freed within 37 days.

When informed of his death, Mr. Zhang’s family and their lawyers traveled to No. 3 Detention Center, where he had been held, for an explanation of his death. They requested to meet with the detention center’s prosecutor, but their request was denied. When Mr. Zhang’s family asked for his personal belongings, detention center staff told them that it was against the rules to return the items and that they would place them in storage instead.

Mr. Zhang’s family has requested a document detailing the causes of his death and has also requested access to surveillance videos of the center and his body. Mr. Zhang’s body was taken to a funeral parlor when he died, and his family has not been allowed to view it. His family has refused permission for the cremation until they have more information about the circumstances of his death.

Mr. Zhang’s family and hundreds of supporters have demanded that authorities give an explanation for his death and allow them to see his body. An online petition in support of those demands had over 200 signatures on Friday.

While China’s Rules on the Handling of Deaths in Detention Centers require authorities to investigate deaths of detainees, Mr. Zhang’s death is not the first to occur under unexplained circumstances. Last year, Beijing activist Cao Shunli died after months in detention. Similarly, the esteemed Tibetan monk Tenzin Delek Rinpoche died earlier this year after many years in prison. Both had been known to be ill, but their deaths remain unexplained.

Mr. Zhang’s death comes as the United Nations Committee Against Torture prepares to evaluate China’s implementation of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment on November 17-18.

 

For more information, please see:

The New York Times – Backers of Detained Chinese Activist Demand Explanation for His Death – 6 November 2015

Asia News – Guangdong activist dies in prison before trial: no explanation given to the family – 5 November 2015

Human Rights Watch – Dispatches: An Activist’s Death in Custody in China – 5 November 2015

Radio Free Asia – Family Demands Information After Chinese Activist Dies in Police Custody – 4 November 2015

 

 

Press Release: Sergei Magnitsky Human Rights Awards Will Be Launched on the 6th Anniversary of Sergei Magnitsky’s Murder in Russian Police Custody

2 November 2015 – On the eve of the 6th anniversary of the murder of Russian anti-corruption lawyer Sergei Magnitsky, the Justice for Sergei Magnitsky campaign is launching the ‘Sergei Magnitsky Human Rights Awards.’

The awards will celebrate international politicians, journalists and civil society activists who have worked in the spirit of Sergei Magnitsky — with faith, strength and integrity, to reinforce and advance his legacy, and bring about significant change in the international justice and human rights field.

The winners of the 2015 Sergei Magnitsky Human Rights Awards will be announced next week, on Monday, 16 November 2015, marking the 6th anniversary of Sergei Magnitsky’s death in Russian police custody at the age of 37.

“Sergei Magnitsky’s impact on the world has only gained in significance in the years after his death. We hope that the Sergei Magnitsky Human Rights Awards will serve as a beacon of support for all those who fight injustice around the world,” said Sergei Magnitsky’s mother Nataliya.

The organising committee of the Global Sergei Magnitsky Human Rights Awards this year consists of activists from major international organizations, including Transparency International, the Henry Jackson Society, Fair Trials International, the Central and Eastern European Council of Canada, and the British Parliament’s All-Party Group on Anti-Corruption.

The Sergei Magnitsky Human Rights Awards will be given in 9 categories, including Outstanding Investigative Journalism; Top Campaigning US Politician, Top European Politicians; Best Human Rights NGO; Outstanding Contribution to the Global Magnitsky Campaign; Outstanding Coverage of Magnitsky Case in Britain and in Europe; the Best Human Rights Lawyer; and the Top Campaigner for Democracy.

Alan Mendoza, Executive Director, Henry Jackson Society, said:

“The inaugural Sergei Magnitsky Award is an important event, and we are very happy to be involved. The Award ceremony represents the pinnacle of years of support that The Henry Jackson Society has given to the Global Magnitsky Campaign, and we look forward to continuing that support for years to come.”

Robert Barrington, Executive Director of Transparency International UK said:

“Investigative journalists are a vital part of the efforts to uncover and ultimately fight corruption in all its forms. Whether it’s exposing the lavish lifestyle of a corrupt state official, or unearthing widespread bribery in businesses, investigative journalists have proved effective campaigners against corruption. Often they will work in extremely restricted environments, putting life and limb on the line to unmask the corrupt. That’s why Transparency International is proud to be supporting the award for investigative journalism at the Sergei Magnitsky Human Rights Awards this year.

Sergei Magnitsky’s torture and death in Russian police custody, and the subsequent cover-up of his murder and the theft of the $230 million corruption he had exposed, has led to the worldwide Justice for Sergei Magnitsky Campaign. Launched in 2010, it spearheaded the adoption in the United States of the Sergei Magnitsky Rule of Law Accountability Act of 2012. The U.S. Magnitsky law imposes targeted sanctions in the form of visa bans and asset freezes on those involved in his case, as well as in other gross human rights abuses against democracy defenders in Russia. 34 Russian officials and private individuals have been placed on the U.S. Magnitsky sanctions list since the enactment of the law.

The OSCE Parliamentary Assembly has called on all its member states to adopt similar sanctions on those involved in Sergei Magnitsky’s case.

Sergei Magnitsky was posthumously given the 2010 International Integrity Award by Transparency International for taking a personal stand against Russian corruption and paying for it with his life.

Earlier this year Sergei Magnitsky was honoured by the Allard Prize Committee for International Integrity (Canada), which recognizes individuals and organisations who show exceptional courage and leadership in combating corruption.

This year Sergei Magnitsky was also posthumously awarded one of the world’s most prestigious individual achievement prizes, the Joshua Heintz Humanitarian Award, for distinguished achievement in the field of international justice awarded by the organization of former Chief Prosecutors of the UN War Crimes Tribunals.

In Russia, Sergei Magnitsky was tried posthumously, three and a half years after his death, in the first-ever posthumous trial in Russian history. Russian authorities also closed the investigation into his death in police custody finding “no signs of crime,” in spite of conclusions to the contrary drawn by two independent domestic commissions, including the Moscow Public Oversight Commission and the President’s Human Rights Council, as well as by the international investigation carried out in 2012-2013 by the Parliamentary Assembly of the Council of Europe which urged Russia to conduct proper investigation or face US-like Magnitsky sanctions.

For more information please contact:

Justice for Sergei Magnitsky

+44 207 440 1777

e-mail: info@lawandorderinrussia.org

website: www.lawandorderinrussia.org

Facebook: http://on.fb.me/hvIuVI

Twitter: @KatieFisher__

Ecuador Set To Try Human Rights Violations, Postpones Start Date

By Kaitlyn Degnan
Impunity Watch Reporter, South America

QUITO, Ecuador — Ecuador will try five former military officers and an ex-police officer on charges of crimes against humanity. This is the first trial of its kind in Ecuador.

The trial, which was to begin on November 9 in front of the National Court of Justice, was postponed after one of the accused fell ill. Javier Arregui, legal counsel for accused Mario Apolo presented the court with a medical certificate stating that Apolo suffered health issues that prevented him from attending the preocedings.  The trial start was rescheduled, but the start date was not released.

Cordero-era victim Susana Cajas. (Photo courtesy of Latin American News Dispatch).

Ecuador’s Attorney General Galo Chiriboga said of the delay, “the logical thing would have been to begun the trial, and wait on a reaction by the hospital to know when the officer could be available.”

The charges surround alleged human rights violations committed against Luis Vaca, Susana Cajas and Javier Jarrin. All three were members of Alfaro Vive Carajo, a leftist guerilla group, active during the 1980s. The violations were reported to have occurred between 1985 and 1988, during the presidency of Leon Febres Cordero.

The defendants are accused of subjecting Vaca, Cajas and Jarrin to physical and psychological torture, as well as sexual abuse. The three were forcibly disappeared in 1985. Cajas and Jarrin were released after 15 days in detention, while Vaca remained detained for three years.

The detentions were confirmed in a statement by Ecuador’s fiscal general of state.

The trial will hear from 69 witnesses, 11 expert testimonials, and review more than 70 documents related to the incident.

The trial is the result of the Truth Commission launched by current President Rafael Correra in 2007 to look into allegations of rights abuses under the Cordero administration.

The victims and their families are hopeful for justice after almost 30 years of impunity.

 

For more information, please see:

TeleSur – Truth, Justice and Repatriation in Ecuador for Human Rights Day – 14 December 2014

La Republica – Ecuador celebrará juicio por crímenes de lesa humanidad denunciados por Alfaro Vive – 6 November 2015

La Hora – Militares retirados respaldan a procesados – 7 November 2015

Fiscalía General del Estado – El caso ‘Vaca, Cajas, Jarrín’, por lesa humanidad, cumple 30 años de impunidad – 9 November 2015

International Business Times – First Ecuador Human Rights Trial Begins for Crimes Against Humanity in Alleged 1980s Abuses – 9 November 2015

Latin America News Dispatch – Ecuador Proceeds with Historic Rights Abuse Case Against Former Officers – 9 November 2015

TeleSur – UPDATE: Trial in Ecuador for Crimes Against Humanity Postponed – 9 November 2015