BRIEF: Khieu Samphan Halts Cooperation

BRIEF: Khieu Samphan Halts Cooperation

PHNOM PENH, Cambodia – Jacques Verges, the lawyer for Khieu Samphan, has said that his client will no longer cooperate with the Khmer Rouge Tribunalbecause thousands of pages of evidence had yet to be translated to French. Jacques Verges stated that without the translation, he is unable to effectively defend his client. The court documents are in English only thus far.

Tribunal co-investigating judge Marcel Lemonde told AFP that other suspects have invoked their right to “remain silent at every stage of the proceedings.” However, Marcel Lemonde said that it would not delay the court’s investigation into the crimes. In an email, he said, “We have to organize the investigation differently, that’s it.”

Jacques Verges has been nicknamed “devil’s advocate” because of his past work defending the world’s most notorious criminals. During his legal career, he has defended Nazi war criminal Klaus Barbie and Ilich Ramirez Sanchez, also known as Carlos the Jackal.

For more information, please see:

AFP – Khmer Rouge Leader Halts Cambodian Genocide Court Cooperation: Report – 20 February 2008

BRIEF: Pakistan’s Election

ISLAMABAD, Pakistan- Pakistan held parliamentary elections on Monday in what was called a free and fair process by the media and the international community.  The Pakistan People’s Party (formerly led byBenazir Bhutto) won the most parliamentary seats with 86, and Nawaz Sharif’s party came in as a strong second with 65.

President Pervez Musharraf‘s party won the least amount of seats with 37.  This loss shows that voters no longer believe in the party’s policies and raises doubts over whether or not Musharraf will be able to maintain power for much longer.

Although some critics have doubts over whether they will be able to reach an agreement, the opposition parties have stated that they will form a coalition government.  As it won the most seats, the Pakistan People’s Party will choose the new prime minister.  Benazir Bhutto‘s widower, Asif Ali Zardari, who is now leading the party, has said he will not accept the position and instead his party will pick another MP.

President Musharraf has accepted his party’s defeat and has called for reconciliation amongst the parties.  He has rejected any suggestion that he should step down as President.  As this was a parliamentary election it does not effect the President’s position; however if the parliament reached a two-thirds majority decision, it could remove Musharraf from office in the future.

For more information, please see:

BBC News – Bhutto widower ‘rejects PM role’ – 20 February 2008

Reuters – Musharraf urged to go as rivals win Pakistan poll – 19 February 2008

Chinese rights activist who spoke against Olympics Goes on Trial

By Ariel Lin
Impunity Watch Reporter, Asia

BEIJING, China – A former laid-off factory worker, Yang Chunlin was involved with farmers outside Jiamusi demanding redress for farmland taken from them by officials for development. He collected more than 10,000 signatures for his petition against illegal land seizures by officials and writing essays denouncing official wrongdoings.  To rally support, he posted the petition on the Internet with the title: “We want human rights, not the Olympics.”

Yang was arrested in July 2007 for charges of “inciting subversion against state power.” In recent months, Human Rights Watch has documented the use of similar charges against six other dissidents and activists, indicating a trend of suppressing speech in advance of the August 2008 Beijing Olympic Games.

According to Yang’s family, in eight months in detention, Yang has been given little contact with his lawyer and family.  He was tortured by being shackled to an iron bed for a long period of time while in detention awaiting trial.  Police were accused of intimidating his relatives and threatening his lawyers prior to the trial.  However, Human Rights Watch said it was unable to verify the claim but also said the use of the so-called shackle boards or “disciplinary beds” was well documented in Chinese prisons.

The case was originally scheduled to take place behind closed doors.  But the Intermediate Court decided to open the trial to the public mainly due to Chinese government’s fear of bad publicity related to the Olympics.  Human Rights Watch repeatedly reported, grave and uncorrected procedural violations throughout Yang’s case that amounted to a denial of due process.  Those included serious allegation of torture and the court’s refusal of investigation, denial of access to his defense lawyer, police intimidation against relatives, and threats made against the defense lawyers.

The trial of Yang on February 19 lasted less than a day.  About 30 to 40 people attended the trial, including members of Yang’s family.  Yang appeared at the court hearing with his hands and feet shackled.  After his lawyers protested, Yang was unshackled but then made to sit with his legs tied to a metal chair.  Yang and his lawyer pleaded not guilty.  A verdict is expected in the coming weeks.

For more information, please see:

Human Rights Watch – China: Olympic Activist Deprived of Due Process – 19 February 2008

The International Herald Tribune – Chinese land rights activist who opposed Olympics goes on trial – 19 February 2008

AFP – Activist who spoke out against Olympics stands trial – 19 February 2008

Associated Press – China Land Rights Activist Goes on Trial – 19 February 2008

BRIEF: Sierra Leone Special Court Convenes International Conference

FREETOWN, Sierra Leone – The Sierra Leone Special Court, an independent tribunal established jointly by the United Nations and the Government of Sierra Leone, is convening an international conference this week in order to consider “residual issues” that will need to be addressed once the court closes down. The conference, made possible by the Canadian Government’s financial contribution, will be attended by delegates from the U.N. Security Council and Sierra Leone government officials. Other attendees include legal experts, including officials from the International Criminal Tribunals for Yugoslavia and Rwanda and the International Criminal Court, as well as diplomats, human rights workers, and members of society from Sierra Leone and the world.

A focal point of the conference is the identification of a way to prosecute Johnny Paul Koroma, should he be found after the court closes down. Koroma was indicted in 1997 for leading a military Junta which removed the former government from power. Following the coup, he led armed attacks on civilians throughout Sierra Leone, including murders, mutilations and sexual violence. Koroma’s present status is “in hiding or dead, fate uncertain.”

Other questions to be addressed at the conference include issues arising from the enforcement of sentences, how requests for reviews of judgment would take place and witness protection for those who testify before the Court.

For more information, please see:

AllAfrica.com – Sierra Leone: Special Court Convenes International Conference to Consider Residual Issues – 19 February 2008

Trial Watch – Johnny Paul Koroma – accessed 20 February 2008

Afrol News – Tortured journalist flees Gambia – 19 February 2008

Uganda’s Government and LRA Rebels Agree to Special Court for War Crimes

By:  Lindsey Brady
Impunity Watch, Managing Editor – News

KAMPALA, Uganda – Conflict between the government of Uganda and the rebel Lord’s Resistance Army (“LRA”) has resulted in twenty years of fighting and the displacement of nearly 2 million people in Northern Uganda.  The LRA is a splinter group of the Ugandan People’s Democratic Army (“UPDA”) led by Joseph Kony.  According to BBC News, the LRA is notorious for mutilating its victims and kidnapping children to be soldiers, porters and sex slaves.

Kony and two lieutenants of the LRA have been charged with atrocities by the International Criminal Court (“ICC”).  International law requires that those charged be turned over to the ICC in the Hague immediately once captured or upon surrender.  Kony is believed to be hiding in the Democratic of Congo.  The LRA has refused to disarm while the three LRA leaders are wanted by the ICC.

On Monday the Ugandan government and the LRA signed an agreement outlining how war crimes would be dealt with.  Under the agreement the Ugandan government would establish a unit to investigate and prosecute those individuals who have planned or carried out “widespread, systematic or serious attacks.”  The unit will focus particularly on violations against women and children.  According to BBC News, Captain Chris Magezi, the spokesman for the government negotiating team, said “a  special division of the Ugandan High Court would be set up to deal with serious rebel crimes.”  Traditional courts would be used for lesser offenses.

The Ugandan government views this agreement as a practical approach to ending the long brutal war with the LRA.  Yahoo! News quoted Norbert Mao, chairman of the Gulu District – which has been ravaged by the war – hailed the agreement as a major step towards peace”  Human Rights Watch concurs with Mao but believes the true test will come in time as the world watches how the agreement is enforced.

The agreement, however, has been met with great criticism.  Amnesty International views the agreement as allowing the LRA leaders a deal to avoid punishment for crimes against humanity and war crimes that would be tried under the ICC.  Christopher Keith Hall, Senior Legal Adviser for Amnesty International’s International Justice Project, stated “at the moment, we have no evidence to suggest that even a new court established in Uganda to deal with these cases would be able and willing to do so in fair proceedings that are not a sham.”

For more information, please see:

BBC News – Ugandans Reach War Crimes Accord – 19 February 2008

Yahoo! News – Ugandan Rebel Deal Met with Skepticism, Hope – 20 February 2008

All-Africa.com – Uganda:  Government Cannot Negotiate Away International Criminal Court Arrest Warrants for LRA – 20 February 2008

Refugees International – Uganda:  Challenges of Peace and Justice – 20 February 2008