Witnesses Are Threatened in Congolese Warlord Trial

Witnesses Are Threatened in Congolese Warlord Trial

By Jared Kleinman
Impunity Watch Reporter, Africa

THE HAGUE, Netherlands — Witnesses testifying against two Congolese warlords at the International Criminal Court have been threatened and the court does not have the resources to fully protect them, a senior investigator testified Wednesday.

The investigator spoke on the second day of the trial of Germain Katanga and Mathieu Ngudjolo, who are accused of planning and directing a February 2003 attack on the village of Bogoro in Democratic Republic of Congo’s (DRC) northeastern Ituri region. Hundreds of people were killed and many women forced into sexual slavery in that February 24th, 2003 attack.

Prosecutors plan to call 26 witnesses to testify and 21 of them will be given protective measures in court to shield their identity to try to prevent possible retaliation. The investigator testified Wednesday as the first witness to outline how her team built its case against Katanga and Ngudjolo. Her identity also was shielded.

Investigators and prosecutors at the tribunal give witnesses advice on how to protect themselves but the unidentified investigator and first witness said sometimes “these quite simply have been not enough.” She did not elaborate on whether any witnesses had suffered physical harm, but her comments showed the difficulties of building cases in conflict zones.

Katanga, the alleged commander of the group known as the Force de Résistance Patriotique en Ituri (FRPI), faces three counts of crimes against humanity and six counts of war crimes for a deadly assault on the village of Bogoro, in the province of Ituri. Ngudjolo, the alleged former commander of the rebel National Integrationalist Front (FNI), faces three counts of crimes against humanity and six of war crimes, and is alleged to have played a key role in designing and carrying out the Bogoro attack.

Among those crimes, the two men are accused of using children under the age of 15 in active hostilities, including as bodyguards and combatants, during the deadly assault on Bogoro. Ten child soldiers will be among the 345 people authorized to take part in the trial.

Katanga and Ngudjolo both have pleaded not guilty to three counts of crimes against humanity and seven war crimes including murder, rape, pillage, sexual slavery and using child soldiers in the slaughter. Defense attorneys have denied the two men were involved in the attack on Bogoro and instead blamed Ugandan forces that had been occupying Congo’s mineral-rich Ituri region where the village was located.

The prosecution says more than 1,000 fighters of Katanga’s Patriotic Resistance Force (FRPI) and Ngudjolo’s Nationalist and Integrationist Front (FNI) entered Bogoro on February 24th six years ago “with one communicated and agreed goal: to erase the village”.

The ICC is an independent, permanent court that tries persons accused of the most serious crimes of international concern – namely genocide, crimes against humanity and war crimes. This particular trial is expected to take several months.

For more information, please see:

Associated Press – Congo massacre witnesses were threatened – 25 November 2009

AFP- ICC Trial of Congolese Militiamen to Reveal ‘The Truth’ – 24 November 2009

PressTV – Congo Warlords Stand Trial – 24 November 2009

Reuters- Congo Warlords in the Dock At Hague Court – 23 November 2009

AllAfrica – International Criminal Court Trial of Two Former Leaders Opens Tomorrow – 23 November 2009

Opposing Demonstrators March in Nicaragu

25 November 2009

Opposing Demonstrators March in Nicaragu

By Brenda Lopez Romero
Impunity Watch Reporter, North America desk

MANAGUA, Nicaragua – Last Saturday afternoon, estimates of over 40,000 people demonstrated against and for the government and the bid for reelection President Daniel Ortega.  Local press reported that at least one person died and unknown number was injured when the opposing demonstrators meet each other on the streets.

Nic against(PHOTO: Courtney of Voice of America)

Rafael Anibal Luna Ruiz, Sandinista supporter, died in the northern city of Ciudad Dario from wounds when he was hit with stones thrown by Liberal supporters.  The secretary of the Liberal opposition party reported that three of its members were injured when two buses were attacked by alleged Sandinista stone-throwers and indicated she would file a complaint with the police.

The opposition is party members of the Sandinista and Liberal groups.  They marched to support their position in favor or against Ortega.  The Liberal party demonstrators say they protest the harassment of the current Sandinista government and the Nicaraguan Supreme Court order that will permit Ortega to run for reelection in 2011.  Dora Maria Tellez, former Ortega organizer but now lead the opposition said, “the only way for the government to change, as it has been shown in all these years, is for the people to go to the streets.”   On the other side Sandinistas marched to celebrate the judicial victory and their party’s election victory in the midst of allegations of fraud.  Sandinista supporter insist the Ortega government is acting on country’s behalf.

Ortega served as president from 1985-90, after leading the guerrilla movement that ousted Nicaraguan dictator Anastasio Somoza in 1979.  Then, he had three unsuccessful campaigns until he won the presidency again in 2006.

For more information, please see:

Voice of America News – Thousands March in Rival Nicaraguan Rallies – 25 November 2009

CNN – Thousands march for, against Nicaraguan government – 22 November 2009

Latin America Tribune Herald – One Dead, Several Injured in Nicaragua Protests – 22 November 2009

Iraqi Parliament Amends Election Law

By Bobby Rajabi
Impunity Watch Reporter, Middle East

BAGHDAD, Iraq – On November 22 the Iraqi parliament amended an election law that governs the general elections scheduled for January 2010. An earlier version of the law was previously vetoed by Iraq’s Sunni vice president, Tariq al-Hashemi. The amended law, however, fails to address the concerns of Vice President Hashemi.

Hashemi claims that the version of the law passed on November 8 failed to give sufficient voice to Iraqis living abroad. Many of those living abroad are Sunnis. The amendment passed by the Iraqi parliament on November 22 called for Iraqis living abroad to have their vote counted toward their home province. The law also increased the number of member of parliaments elected by the Kurdish region of Iraq.

The changes made differ from Hashemi’s request. The Iraqi vice president request that the new law create seats allocated for voters outside of Iraq. It is expected that Hashemi will veto the law again and send it back to the parliament. Analysts say that even if a law is eventually approved, it now appears unlikely that it will happen in time for elections to be held by the end of January, as required by the Iraqi constitution.

Sunni government officials do not agree with the amendments plan to add seats to the Kurdish-run province. Osama al-Nujefi, a Sunni parliamentarian, said that the amendment would have the effect of stealing seats from Northern provinces where Sunni’s have a strong presence and giving them to the Kurds. According to Nujeifi, the taking of seats would be done in “an illegitimate way.”

A veto by Hashemi would serve as a second veto of the law. Under Iraqi law, if a second veto is used, Iraqi parliamentarians can overturn it with a sixty percent majority vote in the two hundred seventy five seat assembly. An alliance of Shi’ite and Kurdish members would pass threshold with thirty votes to spare.

The United States has linked the pace of troop withdrawal from Iraq to the elections planned for January a hopes to take a more active role in ensuring that they take place on time. Christopher Hill, the US Ambassador to Iraq, has warned against “slippage” in staging the country’s election. US Secretary of State Hilary Clinton said that the US will present “a number of ideas” with the goal of ending the stalemate.

For information, please see:

AFP – US Warns Against Iraq Election ‘Slippage’ – 24 November 2009

AP – Iraq Election Law Faces Second Veto – 24 November 2009

Al Jazeera – Iraqi MPs Amend Election Law – 23 November 2009

BBC – Iraq Parliament Passes Amended Election Law – 23 November 2009

Katanga and Ngudjolo Plead Not Guilty In First Day Of Trial

By: Jonathan Ambaye
Impunity Watch Reporter, Africa Desk

THE HAGUE, Netherlands-Today marked the first day of the human rights and war crimes trial of two Congolese militia leaders, Germain Katanga and Mathieu Ngudjolo.  Katanga and Ngudjolo both plead not guilty to charges stemming from an accusation that they directed an attack on the village of Bogoro in 2003, in which more than 200 people were killed. The specific charges the two face include, ordering attacks on civilians, sexual slavery, rape, and enlisting child soldiers. Today both Katanga and Ngudjolo denied the allegations and expressed sympathy for the victims.

Chief Prosecutor Luis Moreno-Ocampo opened the case against the two defendants, alleging they tried to wipe out the entire village of Bogorao. Ocampo used the prosecution’s opening to give a graphic illustration of the horrors that took place in the village of Bogorao. During the course of the attack he said, “some villagers were shot dead in their sleep, some cut up by machetes to save bullets. Others were burned alive after their houses were set on fire by the attackers. “He described the defendants, Katanga and Ngudjolo, as the top commanders of the troops that killed, raped, and pillaged. He further alleged in his opening, “they used children as soldiers, they killed more than 200 civilians in a few hours, they raped women; girls and the elderly, they looted the entire village and they transformed women into sex slaves.

Katanga’s defense attorney claimed that Katanga was “merely defending his own people” and had no part in the Bogoro attack. Ngudjolo’s defense attorney also said that Ngudjolo had not been involved in the attack at Bogoro, and that he had a “clear conscience”.

For more information please see:

AP – 2 Warlords Plead Innocent In Congo Massacre Trial – 24 November 2009

BBC – Congo Warlords Deny Atrocities – 24 November 2009

VOA – Rebel Leaders Plead Not Guilty In Congo Massacre Trial – 24 November 2009

Department of Education Investigating Military College

24 November 2009

Department of Education Investigating Military College

By Stephen Kopko

Impunity Watch Reporter, North America

VIRGINIA, United States – For the past sixteen months the federal Department of Education has been investigating allegations that policies and procedures at the Virginia Military Institute (VMI) are discriminatory. The probe began over a year ago and will determine whether certain practices are sexist and hostile to women.

The Virginia Military Institute was founded in 1839 as an all male higher educational facility that is partially supported by government money. It is known for its highly regimented and military atmosphere. In 1996, the United States Supreme Court ruled that VMI had to admit females into the school or it would lose its government support. In 1997 VMI admitted its first female students.

The recent investigation of VMI’s policies and procedures centers around a range of issues. The complaint asserts that there is an overall hostile environment to women, that the physical standards are unfair to women, and that the promotion and tenure polices discriminate against women. The Department of Education also is investigating whether the school’s marriage and parenthood policies discriminate against women. Currently, VMI expects those cadets that marry or become pregnant to resign from the school. Promoting this policy, the school wrote that “the responsibilities of parenthood are deemed to begin upon a cadets learning that a child has been conceived.” In regards to the allegations of discriminatory promotion practices, VMI stated that it takes in account teaching ability, scholarly engagement, professional citizenship and contributions to the development of the cadets.

Since VMI admitted women, one hundred and fifty nine females have graduated from the institution. Also, about twenty two percent of current full and part time faculty are female. This past year VMI dropped its fitness requirement of five pull-ups to one pull-up for women. VMI received one hundred and sixty nine female applications this year and admitted fifty females.

Some women at the institution were surprised by the investigation. Senior cadet Elizabeth Dobbins stated that there “was no male model here.” She believed that the school was so open that any mistreatment would be noticed. Professor Mary Ann Dellinger also stated that there was no discrimination in promotion practices. The Council for the Advancement and Support of Education awarded VMI its top honor for recruitment this past June.

For more information, please see:

Inside Higher Ed – Education Department Probes Allegations About VMI – 24 November 2009

MSNBC – Virginia Military Institute Faces Sexism Accusations – 22 November 2009

Roanoke Times – VMI is Subject of Sexism Probe – 8 August 2009