Generals on Trial in Peru for Murders of 37 Students

Generals on Trial in Peru for Murders of 37 Students

By Sovereign Hager
Impunity Watch Reporter, South America

HUANCAYO, Peru-Three generals and other army officers are on trial for the murders of thirty-seven university students from 1989 to 1993.  Generals Manuel Delgado, Luis Pérez, and David Jaime Sobrevilla commanded an army brigade during those years in Huancayo where the Universidad Nacional del Centro is located. Formal charges were filed on March 4th.

The murdered students were allegedly targeted because they were suspected of being connected to or sympathising with the Sendero Luminoso (Shining Path) or Tupác Amaru Revolutionary Movement guerrillas. The three Generals allegedly ordered former intelligence Commander Col. Elías Espinoza of seizing and killing the students. Ordering deaths are the same charges that led to the conviction of former Peruvian President Alberto Fujimori for two army massacres.

The National Human Rights Coordinator for Peru told IPS that evidence against the former military officials includes “testimony of relatives who witnessed the kidnappings of their children . . . and who later found their bodies dumped on the outskirts of the city.” The prosecutors also have army operation manuals that describe how to kidnap and kill detainees and “accounts of students who after being hauled in and tortured by the military, managed to regain their freedom.”

Prosecutors allege that the thirty-seven murders took place as a part of a “systemic and generalized practice of kidnappings and homicides.” The Maoist movement Sendero Luminoso was reported to have a strong presence at the University in Huancayo, where it targeted any person opposed to its efforts.

During the government’s struggle against Sendero Luminoso, it entered the University fifteen times and over one hundred people were murdered and kidnapped. After the military’s first incursion on the campus, it set up a “civil action base,” after which student and staff disappearances began.  The occupation was legalized in 1990 through a law authorizing the military to stay on campuses if “terrorist elements or groups disturb the peace and internal order.”

Protection has been ordered for the five individuals testifying against the generals who are former kidnapping victims.

For more information, please see:

Rebelión-Generales Enjuciados por asesinatos a 37 estudiantes-5 April 2010

IPS-Generals on Trial for Murders of 37 Students-2 April 2010

Correo-Caso UNCP:Justicia Tras Diesisiete Años-25 March 2010

Afghan Leader Under Fire from Kandahar Elders

By Michael E. Sanchez
Impunity Watch Reporter, Asia

KANDAHAR, Afghanistan- Afghan President Hamid Karzai, under criticism for remarks made against the West, joined the commander of U.S. forces in a meeting with tribal leaders Sunday in the volatile south.  This meeting occurs amid the tension which arose after Karzai’s accusations of foreign interference in last year’s elections.

President Karzai and General Stanley McChrystal flew together to the southern city of Kandahar, a city deep within the heart of the Taliban insurgency, to meet with tribal elders.  This meeting was an effort to build political support ahead of an expected U.S. and NATO push into the area. While visiting Kandahar, the birthplace of the Taliban, he was told few would join the army for fear of being killed by the militants.

Unlike the previous offensive in neighboring Helmand which began with a military push, the Kandahar campaign has contained a major emphasis on politics.

The tribal gathering, which is known as a shura, was held under tight security at the governor’s compound.  During the gathering, one tribal elder after another stood up, speaking loudly and angrily shouting at the president, complaining of police corruption, official bribes and insecurity.  At one point in the meeting, the president urged “Tell me what is in your heart.”  However, one of the tribal elders retorted ” I can’t, I will be killed by the terrorists,”- a reference to the growing power of the Taliban in the area.

The overall message that was taken away from this gathering of 1,500 tribesman is they are not ready for any major military operation by Afghan and NATO led forces any time soon.

The president’s younger brother, a key source of support in the south was also in attendance.  He has been publicly accused of being a major drug lord — part of the corruption and cronyism that undermines support for the government and drives Afghans to the Taliban. He denies any involvement in drugs.

The Kandahar visit is at risk of being overshadowed by the fallout from Karzai’s Thursday remarks.

Karzai lashed out against the U.N. and the international community, accusing them of perpetrating a “vast fraud” in last year’s presidential polls as part of a conspiracy to deny him re-election or tarnish his victory.

For more information, please see:
Associated Press- Afghan Leader Meets US Commander Amid Tensions-04 April 2010
The New York Times-Karzai Rallies Tribes, Distances Self From West– 04 April 2010

Lawyer Charges Human Rights Tribunal with Contempt

By William Miller

Impunity watch reporter, North America

VANCOUVER, Canada – A Canadian lawyer representing a comic in a human rights tribunal suit has filed a complaint against the Human Rights Tribunal accusing them of contempt of court. James Millar, who represents comedian Guy Earl, filed  a suit seeking to throw out the human rights suit on the grounds that it conflicts with the Canadian Charter of Rights and freedoms protection of free speech and alleging that the Tribunal has ignored previous court rulings holding that the tribunal must determine whether it has jurisdiction before hearing a case.

Last fall the Canadian courts determined that the Human Rights Tribunal must determine whether it has jurisdiction before hearing a case. On Monday, the Tribunal decided that it would proceed with hearing the case and determine jurisdiction after arguments had been hear. This prompted Millar to leave the proceeding.

In walking out Millar said, “You are proceeding illegally and I have to leave the proceeding because it is against the rule of law… I do so regretfully and I do so with the greatest respect to the tribunal.”

The case, which has stirred controversy as to whether the tribunal is too repressive of the right to free expression, started two years ago after an encounter at a comedy club in Vancouver. Lorna Pardy brought the suit claiming that comic Guy Earle discriminated against her by making homophobic and sexist remarks to her and her same sex partner. She has filed the suit claiming that the comic violated the Human Rights Code by discriminating against her in the provision of a service.

Earle admits that the argument occurred between him and Pardy but claims that the two were heckling him and other comics and that his right to free speech is protected by the charter of rights which trumps the Human Rights Code.

In arguing that the tribunal encroaches to far on free speech Millar said “the Human rights tribunal could go onto YouTube and apply discrimination as the standard to restrict free speech on the internet or in any of the arts and entertainment when the Charter says the standard is hate.”

The Human Rights Tribunal began hearing arguments in the case last Monday and adjourned on Thursday. Final arguments are scheduled for Monday. Millar has said he will not participate. No date has been set for hearings on Millar’s complaint.

For more information please see:

The Chronicle Journal – Comedian’s Lawyer wants B.C Human Rights Hearing Into Anti-lesbian Rant Quashed – 1 April 2010

Montreal Gazette – Comic’s Lawyer Walks Out of B. C. Discrimination Case – 30 March 2010

Montreal Gazette – B.C. Human Rights Tribunal to Hear Discrimination Case Against Comic Who Insulted Two Lesbians – 29 March 2010.

Gender Discrimination Suit Filed Against Ukrainian Prime Minister For Statements On Role Of Women In Government

By David Sophrin
Impunity Watch Reporter, Europe

KIEV, Ukraine – An international women’s rights organization filed a discrimination lawsuit last week against the Ukrainian Prime Minister in response to recent statements he made regarding the role of women in government.

During a economic speech on 19 March, Prime Minister Mykola Azarov speech focused on a theme that women may not be able to properly handle the current economic issues that Ukraine is facing.  Azarov declared that “some say our government is too large; others that there are no women.”  He then went on to state that “with respect to women, conducting reforms is not women’s business.”

Yekaterina Levchenko of La Strada-Ukraine International Human Rights Protection Center, one of the women’s rights group that filed a suit, stated that Azarov’s statements were evidence of “direct discrimination against Ukrainian women.”  Another suit against the Prime Minister was brought by Olena Suslova, a leader of the Information and Advisory Women’s Center, in response to his statements.

The lawsuits state that the Prime Minister’s comments violated Ukraine’s constitutional mandate for equality among men and women.

After drawing increasing criticism from both national and international rights groups, Azarov spoke publicly in an attempt to clarify his earlier comments.  He stated that the remarks in his speech were only meant to establish his belief that he did not wish for any woman to work more than 15 hours a day, as his cabinet ministers often do.

Azarov’s statements come in the midst of increased political pressure in favor of greater roles for women in Ukraine’s national government.  Protests, organized by national women’s rights leaders, were held in front of the federal Cabinet buildings in Kiev earlier this month calling for greater diversity on the all-male national Cabinet.

For more information, please see:

AP – Ukraine Premier Accused on Discrimination –  1 April 2010

ITAR-TASS: Female activists sue Azarov for violation of women’s rights – 31 March 2010

THE GUARDIAN – Ukrainian women berate ‘Neanderthal’ PM for sexist remarks – 24 March 2010

Foreign Journalists’ E-Mail Accounts Hacked in China

By Hyo-Jin Paik
Impunity Watch Reporter, Asia

BEIJING, China – The Foreign Correspondent’s Club of China (FCCC) said that e-mail accounts of eight foreign journalists working in China and Taiwan were hacked.

The FCCC said in an e-mail sent to its members, “We have confirmed eight cases in which journalists . . . have had their e-mail accounts hacked . . . with several accounts disabled by Yahoo . . . .” 

In addition, the FCCC has told its members to change their e-mail passwords and use other means of communication when arranging for interviews or conducting other “sensitive business.”

Yahoo was not available for comment, and the company has not answered FCCC’s questions or informed individual journalists how their accounts were hacked.

Although there is no evidence linking this incident to the Chinese government, FCCC’s warning to its members is reflective of increasing concern over Internet surveillance by the Chinese government, especially of human rights activists and foreign journalists working in China.

The hacking of Yahoo e-mail accounts also coincides with Google sending Internet search engine requests out of mainland China to Hong Kong, which has angered the Chinese authorities.

Google justified their action by explaining that this move is a response to Google’s objections against Chinese government’s censorship rules and to series of cyberattacks on Google suspected to have originated from China.

A freelance American journalists, Kathleen McLaughlin, who also sits on FCCC’s board, said, “Someone is clearly targeting journalists.  It makes me feel very uncomfortable.”

In addition to attacks on Yahoo and Google, there is circumstantial evidence on a spying network which appears to have originated in China.  This spying network affected users from over 100 countries where data was transferred to servers in China. 

In a cypersecurity report issued by Symantec, China is the world’s biggest source of targeted attacks, including malicious mails sent in small numbers which are aimed at gathering or accessing sensitive information.  The report said 28% of those attacks are from China.

For more information, please see:

Financial Times – China, Taiwan Yahoo users report hacking – 31 March 2010

NYT – Journalists’ E-Mails’ Hacked in China – 30 March 2010

PC World – E-Mail Accounts of Foreign Journalists in China Hacked – 30 March 2010