US Congress Introduces Ground-breaking Global Magnitsky Human Rights Bill To Fight Impunity All Over the World

2 February 2015 – Both chambers of the US Congress have introduced the Global Magnitsky Human Rights Accountability bill, a deterrent for kleptocrats and human rights abusers around the world. The new bill expands and globalizes the Magnitsky Act of 2012, which created targeted visa and financial sanctions on corrupt officials and human rights violators in Russia.

 

“This is a poignant legacy for Sergei Magnitsky, a man who gave his life for his ideals, to have his name on a piece of legislation which will fight impunity of human rights abusers and corrupt officials around the world,” said William Browder, leader of the global Magnitsky justice movement.

 

The Global Magnitsky Bill has been introduced in the House of Representatives by Chris Smith, Chairman of the U.S. Helsinki Commission   (http://www.csce.gov/), and Jim McGovern, Co-Chairman of the Tom Lantos Human Rights Commission (http://tlhrc.house.gov/),  and in the Senate by U.S. Senators John McCain and Ben Cardin, with co-sponsors U.S. Senators Dick Durbin (D-Ill.), Roger Wicker (R-Miss.), Jeanne Shaheen (D-NH), Marco Rubio (R-Fla.), Ed Markey (D-Mass.), Mark Kirk (R-Ill.) and Richard Blumenthal (D-Conn.) (http://www.cardin.senate.gov/newsroom/press/release/cardin-mccain-reintroduce-global-magnitsky-human-rights-accountability-act).

 

The House version of the Global Magnitsky Bill (H.R. 624) contains stronger language, in particular, directing rather than permitting the U.S. President to impose sanctions on kleptocrats and gross human rights violators. It also assigns the U.S. Comptroller General to examine and report on the implementation of the legislation. The House version of the Global Magnitsky Bill also requires the sanctions list to be published annually on 10 December, which marks the Human Rights Day in commemoration of the adoption by the United Nations of the Universal Declaration of Human Rights in 1948.

 

The previous Magnitsky Act of 2012 was a precedent setting piece of legislation requiring the U.S. government to confront impunity, and create consequences for those involved in human rights atrocities in Russia, including the torture and killing of Russian anti-corruption lawyer Sergei Magnitsky, and the $230 million corruption he had uncovered. The targeted sanctions included visa bans and asset freezing, as well as a mechanism through which the sanctioned individuals are publicly named, creating a real consequence for human rights abusers in Russia.

 

The Global Magnitsky Bill extends these tools to foreign government officials and their senior associates responsible for or complicit in ordering, controlling or directing “acts of significant corruption, …bribery, or transfer of the proceeds of corruption to foreign jurisdictions” and those who “materially assisted, sponsored, or provided financial, material, or technological support” for such activities.

 

The genesis of the 2012 Magnitsky Act and the extraordinary story of Sergei Magnitsky, whose name now lives in the U.S. law, are featured in the explosive new book by William Browder, “Red Notice,” which will be published on 3 February 2015.

 

U.S. Senator McCain said ahead of the book launch this week:

 

“In ‘Red Notice’, Bill Browder tells the harrowing and inspiring story of how his fight for justice in Russia made him an unlikely international human rights leader and Vladimir Putin’s number-one enemy.”

 

To learn more about ‘Red Notice,’ visit the book website: http://billbrowder.com

African Leaders call on International Criminal Court to drop against Omar al-Bashir and William Ruto

By Kathryn Maureen Ryan
Impunity Watch, Managing Editor

ADDIS ABABA, Ethiopia – African leaders have called on the International Criminal Court to  drop or suspend charges against Sudanese President Omar al-Bashir and Kenyan Deputy President William Ruto until African concerns about the court and proposals to amend the court’s founding treaty are considered. President Bashir is accused of failing to respond to summons to answer to charges of genocide, war crimes and crimes against humanity, and has evaded arrest the issuance of an arrest warrant by the International Criminal Court. Deputy President Ruto is currently on trial, facing charges of crimes against humanity for post-election violence that occurred in Kenya in 2007-08 in which more than 1,000 people were killed and more than 600,000 were displaced. Kenya’s President Uhuru Kenyatta has argued that the case against Ruto is very weak. Kenyatta himself faced charges for crimes against humanity, but the charges were dropped by the court in December of last year. Kenyatta and Ruto were on opposing sides of the postelection violence but ultimately joined forces to lead the country in the March 2013 polls.

Sudan’s President Omar al-Bashir arrives for the Intergovernmental Authority on Development (IGAD) summit, held on the before the African Union summit, in Addis Ababa, Ethiopia. (Photo courtesy of The Washington Post)

African leaders made the call at the African Union Summit in Ethiopia on Saturday. The theme of this year’s summit is: “2015 Year of women’s Empowerment and Development towards Africa’s Agenda 2063.” African Union Summit brings together all the African States except Morocco which is not a member of the union. The world will be watching to see how the African Union will handle the ICC agenda and continue to respond to cases against African leaders. Some fear that the African Union members could take the drastic move of exiting the Rome Statute regime.

During Jamhuri Day celebrations in Kenya last year, Ugandan President Yoweri Museveni, who has led Uganda since 1986m threatened to introduce a motion during the African Union Simmit co call on African states to move out of the Rome Statute treaty regime en-masse.

The African Union has faced heavily criticism from human rights groups for calling for a halt to ICC cases against African leaders, saying by doing this the African Union encourages impunity. Last year, the AU passed a resolution not to allow a sitting head of state or deputy to be prosecuted at the International Criminal Court. Some African States have been criticized for failing to respect the legitimacy of the International Criminal Court and the Rome Statute by failing to arrest President Bashir who has freely traveled to some African States.

For more information please see:

Jurist – ICC should drop cases against Bashir, Ruto: African leaders – 1 February 2015

The Washington Post – African leaders to court: Drop cases against top Africans – 1 February 2015

United Nations News Centre – In Addis Ababa, senior UN officials pledge ongoing cooperation with Africa on all fronts vital – 30 January 2015

Capital News Kenya – Uhuru heads to Addis for African Union summit – 29 January 2015

 

UN Yugoslav Tribunal Upholds Convictions Stemming from Srebrenica Massacre

By Kyle Herda

Impunity Watch Reporter, Europe

AMSTERDAM, Netherlands – Five convicted in the 1995 massacre at Srebrenica have had their sentences upheld by a judge at the UN Yugoslav tribunal in The Hague.

Drago Nikolic, former Bosnian Serb chief of security, had his sentence of 35 years of imprisonment affirmed. (Photo courtesy of Seattle PI)

In just three days in Srebrenica, around 8,000 Bosnian men and boys were killed in what was the worst atrocity on European soil since World War Two. Towards the end of the conflict, around 20,000 refugees fled to Srebrenica to escape the Serbian forces, and UN Dutch forces subsequently protected the area. However, Bosnian Serb commander Ratko Mladic led his troops to take Srebrenica from the Dutch, and word of the massacre soon followed the occupation by Mladic. The European Parliament has since decided to recognize July 11 as a day of remembrance for the victims.

Not all of those responsible have received their sentences yet, as evidenced by former Bosnian political leader Radovan Karadzic remaining on trial and Mladic as well, both facing charges such as genocide. However, the five appeals finalized today kept the men in prison, and four of the five kept their sentences. Former Bosnian Serb army security chief Drago Nikolic and brigade commander Vinko Pandurevic retained 35 and 13 year sentences, while Vujadin Popovic and Ljubisa Beara had their life sentences affirmed. Only Radivoge Miletic received a lesser sentence, having his imprisonment reduced from 19 to 18 years.

Altogether, the UN Criminal Tribunal for the former Yugoslavia has charged 19 people. 315 witnesses have testified in trials for those charged, and some remains on trial. There have already been 141 proceedings, and another 15 are still ongoing for crimes stemming from the conflict, but the trials for those responsible for the Srebrenica massacre seems to stand out particularly.

For more information, please see:

The Daily Star – Verdicts upheld at UN tribunal – 31 January 2015

BBC – Srebrenica massacre verdicts upheld at war crimes tribunal – 30 January 2015

The New York Times – The Hague: Srebrenica Massacre Verdicts Are Upheld – 30 January 2015

Die Deutsche Welle – Srebrenica perpetrators lose appeals – 30 January 2015

Mexican Drug Kingpin Wont Be Extradited To The United States

By Lyndsey Kelly
Impunity Watch Reporter, North America

MEXICO CITY, Mexico – After his February arrest in the Pacific Coast tourist resort of Mazatian, notorious drug lord Jaoquin Guzman, best known as El Chapo, will be serving out his jail sentence in Mexico. Guzman headed the Sinaloa Cartel, one of the most powerful drug smuggling enterprises in the world. Captured for the first time in 1993, Guzman was on the run as Mexico’s most wanted man after he escaped from prison in 2001. Jaoquin is currently being housed at a maximum-security prison near the capital.

Joaquin Guzman is pictured during his detention in Mexico City (Photo Courtesy of Reuters).

Guzman is wanted in the United States on a number of criminal charges including drug smuggling, money laundering, running a criminal enterprise and murder. US Congressional leaders have called for Guzman’s extradition, but a formal request has yet to be made. Mexican Attorney General, Jesus Murillo, said that a request from Washington was imminent for the extradition of Guzman. Washington wants to prosecute Guzman on drug trafficking charges; however, the Mexican government has no plan to extradite Guzman in the imminent future. Mexican lawyer, Murillo told reporters that El Chapo will remain in Mexico to complete his sentence, and only after his sentence has been completed, which he states is “about 300 or 400 years” from now, will he be extradited to the United States.

Murillo has strongly argued that keeping Guzman in the Mexican prison system is the correct response to the situation. He has adamantly dismissed any concerns that Guzman may escape from prison a second time, stating that the risk “does not exist.” Guzman has stated that while sending the United States would save Mexico money, keeping him in the country is a mater of national sovereignty.

 

For more information, please see the following:

BUSINESS INSIDER – The World’s Most Notorious Drug Kingpin Won’t Be In the US Anytime Soon – 28 Jan. 2015.

DAILY PROGRESS – Mexico: Captured Drug Lord ‘Chapo’ Guzman To Stay Put – 29 Jan. 2015.

THE GUARDIAN – Mexico Rules Out ‘El Chapo’ Extradition – 28 Jan. 2015.

REUTERS – Mexico Not Planning to Extradite Drug Kingpin Guzman: Official – 28 Jan. 2015.

CAR Government Rejects Militias’ Ceasefire Deal

By Ashley Repp

News Desk Reporter, Africa

 

Bangui- Central African Republic

For over a year, the Central African Republic has been in a state of turmoil, chaos, and religious conflict.  In 2013, the Seleka group, a primarily Muslim militant organization, overthrew the government, and installed their choice of president, Djotodia.  The country’s first Muslim president, Djotodia stepped down in January 2014 in response to international pressure.  Djotodia was criticized for his inability to quell the violence and tension that had begun to spiral out of control in CAR in 2013.  Crimes included widespread rape and murder.  Compounding the issue, poverty was severe and widespread as well.

CAR ceasefire
President Catherine Samba-Panza- Photo courtesy Voices of America

 

An interim government, with President Catherine Samba-Panza at the helm, stepped in an effort to attempt, once more, to ease the violence.  Despite these efforts, the Seleka group and the anti-Balaka Christian group, have been struggling against one another, further thrusting the unstable CAR into crisis.  As a result, significant and widespread murder, poverty, and instability have dominated the lives of many CAR citizens.  Nearly a quarter of the population has fled in an effort to avoid the violence.

On Friday of last week, heads of both the Seleka group and the anti-Balaka group, met in Kenya to conduct a meeting on the possibility of a cease-fire.  This appears to be one of the first sincere ceasefire agreements between the two groups.  Previous peace talks have been low level and unsuccessful.  Though the details of the engagement are currently unknown, the two groups drafted an ‘accord,’ which calls for a ceasefire between the warring factions that have led to thousands of lives lost.

Despite the efforts of these groups to agree to a ceasefire arrangement, the CAR official interim government refuses to acknowledge the validity of the agreement between the Seleka and the anti-Balaka.  The government is refusing to acknowledge the accord, asserting that the agreement has no legal or functional basis, as it was agreed to and drafted outside of the scope of the official government and had not relationship to government peace talks and efforts.  In fact, government officials have candidly expressed their opposition to the validity of this accord, contending that it is nothing more than an arrangement between two groups that have terrorized, and held hostage, the CAR since 2013.

For more information, please visit:

VOA- Central African Republic’s government rejects militias’ cease-fire accord– 29 Jan. 2015

Reuters- Central African Republic government says rejects ceasefire deal- 29 Jan. 2015

BBC News- Central African Republic factions announce ceasefire deal- 24 Jul, 2014

Daily Mail- Central African militias agree ceasefire days mediator– 28 Jan. 2015