Impartial Investigation Urged in Murder of Activist Floribert Chebeya

Impartial Investigation Urged in Murder of Activist Floribert Chebeya

Floribert Chebeya, courtesy of www.rtbf.be
Floribert Chebeya, courtesy of www.rtbf.be

By Celeste Little
Impunity Watch Reporter, Africa

KINSHASA, Democratic Republic of Congo– Floribert Chebeya, a prominent Congolese human rights activist, was found dead in his car, in the Mont Ngafula area of Kinshasa, on Tuesday. He was forty seven. Chebeya sent a text message to his wife stating that he was at police headquarters for a meeting he had scheduled with the national police chief, John Numbi, but they had “not been able to meet.” His driver, Fidele Bazana, is still missing.

Chebeya had written to the police chief regarding the improvement of detention conditions in prisons and had received a letter acknowledging his concerns. On June 1st, the police called Chebeya to invite him to meet with Numbi. Chebeya left his office at 5 p.m. to attend the meeting, called his wife to let her know he was on his way and sent the text message to say they hadn’t been able to meet at 8 p.m. After 9 p.m. all communication from Chebeya ceased. The scheduled meeting never occurred, according to the police and members of Chebeya’s organization, the Voice of Voicelessness.

Chebeya founded the Voice of the Voiceless in 1983. The organization was based in Kinshasa and was one of the most renowned human rights organizations in the Democratic Republic of Congo (DRC). Chebeya fought against illegal arrest, unjustified detention and corruption. He had been subject to threats, surveillance, and police abuse for over twenty years because of the radical opinion he held.  The DRC has been preparing to celebrate 50 years of independence from Belgium and though Cheyeba received an invitation to festivities that were being held by Belgian king, Albert II, he refused to attend. He denounced the celebration, saying that “this was not a time for parades but an opportunity to discuss the social ills still facing the country,” according to Thomas Fessy for BBC News.

A senior UN investigator who spoke to BBC believes that the circumstances surrounding Chebeya’s death, “strongly suggest official responsibility.” On Thursday, members of Chebeya’s family were allowed access to his body at the main morgue in Kinshasa. They were only allowed to see his face because the rest of his body was covered by a sheet that they were not allowed to remove, said Fessy. Dolly Ibefo, one of Chebeya’s collegues from the Voice of Voicelessness, said that when he viewed the body, he noticed blood in Chebeya’s ears, nose and mouth. Anneke Van Woudenberg, senior Africa researcher at Human Rights Watch, claims that. “the Chebeya family’s very limited access to his body and conflicting statements about the cause of death raise serious concerns about what really happened. These irregularities indicate there may already be an attempt to cover up the truth.”

Her concerns regarding this case are not unfounded because this isn’t the first time a human rights activist or journalist has been murdered for his opinion. In November of 2005, journalist Franck Ngyke and his wife, Helene Mpaka, were murdered outside their home in Kinshasa. On July 31, 2005, human rights activist Pascal Kabungulu Kimembi, was shot and killed in his home in Bukavu, in eastern Congo. In June 2007 and November 2008, respectively, two radio journalists from Radio Okapi, Serge Maheshe and Didace Namujimbo were also killed in Bukavu.

Organizations like Human Rights Watch and Amnesty International, have been joined by the United Nations, the European Union and France in investigating Chebeya’s death to insure that the investigation and trial of his murder is not handled in the same way as it was in each of these killings.  The government of the DRC has not officially responded to Chebeya’s death, but has called for an inquiry into it.

For more information, please see:

AFP-Driver of murdered DRC rights activist missing4 June 2010

BBC News- UN calls for DR Congo probe into activist’s death– 4 June 2010

Human Rights Watch- DR Congo: Prominent Human Rights Defender Killed– 3 June 2010

U.S. Kills Civilians in Drone Strikes over Pakistan and Afghanistan

By David L. Chaplin II
Impunity Watch Reporter, Asia

WAZIRSTAN, Afghanistan – Nine people were killed one Friday night when a suspected U.S. drone struck North Waziristan, near the border of Pakistan and Afghanistan, according local officials.  The dead consisted of two children, two women and five men, Pakistani intelligence and administrative officials said.  Investigators from the US military have found that “inaccurate and unprofessional” reporting by US operators of a drone was behind a missile strike that killed 23 Afghan civilians in February.”

US crew faulted for drone deaths

(Image courtesy of apakistannews.com)

Four American officers – two described as senior – received formal reprimands over the incident.  Ge.neral Stanley McChrystal, the top US and Nato commander in Afghanistan, called for the Air Force to investigate the actions of the crew involved in the incident.  “Our most important mission here is to protect the Afghan people,” he told reporters.  McChrystal had apologized to Hamid Karzai, the Afghan president, shortly after the attack.

“Inadvertently killing or injuring civilians is heartbreaking and undermines their trust and confidence in our mission. We will do all we can to regain that trust.”

Because the drone strikes kill innocent civilians and bystanders along with leaders from far away, they “infuriate the Muslim male”, said Addicott, thus making them more willing to join the movement. The men in Pakistan’s tribal region “view Americans as cowards and weasels”, he added.

The UN says at least 2,412 civilians were killed in the Afghan conflict in 2009 – a 14 per cent increase over the previous year.  Nato and Afghan government forces were responsible for 25 per cent of the deaths and of those, about 60 per cent were due to airstrikes, the UN said in a report published in January.

While using drones to attack what amounts to military targets might not be strictly illegal under existing laws of war, Alston says, because such practices “make it easier to kill without risk to a state’s forces, policymakers and commanders will be tempted to interpret the legal limitations on who can be killed, and under what circumstances, too expansively.” Moreover, Alston says, “Because [drone] operators are based thousands of miles away from the battlefield and undertake operations entirely through computer screens and remote audio feed, there is a risk of developing a ‘PlayStation’ mentality to killing.” Alston recommends that governments should also make public “the number of civilians collaterally killed in a targeted killing operation, and the measures in place to prevent such casualties.”

For more information, please see:

CNN World News – 9 killed in suspected U.S. drone strike in Pakistan – 22 May 2010

IPS News – CIA Drone Operators Oppose Strikes as Helping al Qaeda – 3 June 2010

Al Jazeera English – US crew faulted for drone deaths – 30 May 2010

Image Courtesy of A Pakistan News

‘Operation Condor’ Torture Garage Trial Opens in Argentina

By R. Renee Yaworsky
Impunity Watch Reporter, South America

BUENOS AIRES, Argentina — Five Argentine ex-military officials have gone to trial, accused of human rights abuses and the deaths of 65 people under a clandestine co-operative by several South American dictatorships. Operation Condor, which operated between 1976 and 1983, was an effort to eliminate dissidents seeking refuge in neighboring countries.  There are hopes that the trial will bring to light the secrets of the notorious Automotores Orletti torture center, one of many similar prisons used by the military dictatorship.

The Automotores Orletti, nicknamed “the garden” by the military, appeared as an auto-body shop in a popular middle-class neighborhood of Buenos Aires.  But behind its metal garage door, bound, blindfolded prisoners were held alongside car parts and engines that ran to mask their screams.  Prisoners were interrogated and tortured, given electrical shocks and submerged headfirst in water.

Rodolfo Yanzon, a human rights attorney representing the plaintiffs, said, “This trial is even more important since the clandestine center was used by intelligence services of other Latin American countries, and people from those countries were detained there.”  Among the 200-plus people held at Automotores Orletti were Argentines, Uruguayans, Chileans, Paraguayans, Bolivians and Cubans.  John Dinges, author of “The Condor Years,” estimated that only 10 percent of them survived.  Dinges explained that Orletti “was the place that housed the international prisoners, those who were detained using the international network of Condor.”

A prosecutor described what took place in the secret prison as “calculated and planned and amounted to a death sentence.”  The center was shut down after two Mexicans escaped, grabbing a firearm and firing at guards.  In 2008, the center was converted into a museum.

Those charged on Thursday were Raul Guglielminetti, Ruben Visuara, Eduardo Cabanillas, Nestor Guillamondegui, Honorio Martinez Ruiz, and Eduardo Ruffo.  They were charged with illegal detention, torture and the killing of 65 people.  Guillamondegui was excused from the trial because of bad health.  Court officials said his health would be monitored to determine if he would face trial later.

Operation Condor was a coordinated repression by South American dictatorships against left-wing activists.  Argentina, Chile, Paraguay, Brazil, Bolivia and Uruguay all participated.  Rights activists say that between 1976 and 1983, 30,000 people were killed or disappeared under the Argentine dictatorship.

The trial, expected to last months, reflects Argentina’s effort to resolve crimes of the 1976-1983 military junta.

For more information, please see:

BBC-New ‘Operation Condor’ trial starts in Argentina – 4 June 2010

AP-Argentina court opens dirty war torture garage trial – 3 June 2010

Nine MSN-Argentines face trial for Condor deaths – 3 June 2010

CRIME OF AGGRESSION & THE UNITED STATES’ BATTLE ABROAD: INTERNATIONAL CRIMINAL COURT SEEKS AN EXPANSION OF JURISDICTION

Hague: International Criminal Court
Hague: International Criminal Court

by Erica Laster

Impunity Watch Reporter, North America

KAMPALA, Uganda – The first International Criminal Court (ICC) Review Conference is now underway in Uganda. The eight day conference has sparked controversy and a flurry of lobbying of other countries by the United States in anticipation of the amendment to the Roman Statute, a discussion which will define the crime of aggression.  A division exists over whether the crime will be determined by the court or the United Nations Security Council. Uganda was among the countries courted by the United States, to seek agreement in blocking the amendment including the crime of aggression as falling under the ICC’s jurisdiction. Uganda and the U.S. have an agreement in which American nationals will not be handed over to the ICC.

The United States has come under fire in recent years regarding its policy of preemptive strike in international affairs and most recently regarding its approach to the Iraq War. The New Vision reports that Stephen J. Rapp, the United States Ambassador for War Crimes, urged the ICC review conference to tread carefully in defining the crime of aggression. Rapp cautioned that giving the ICC powers to prosecute states and individuals under such a vague term may have unintended consequences. Radio Netherlands Worldwide reports that United States delegate Elisabeth van Schaack indicated to reporters that the U.S. is concerned that the court is already overwhelmed in dealing with genocide, war crimes and crimes against humanity. Inclusion of the crime of aggression may distract the court from other more heinous crimes.

Expanding the jurisdiction of the International Criminal Court comes at a time when many countries are exercising broad discretion in invading and attacking enemies worldwide. Many of the review conference’s participants agreed that a consensus in defining the crime of aggression must be reached, speaking candidly about the issue.

Guan Jin, speaking on behalf of China as Deputy Director General of the department of Treaty and Law called for more time to discuss the amendment and negotiations rather than rush into an expansion of jurisdiction. Georgian representative Alexander Lomaya indicated the necessity of explicitly defining the crime of aggression. Kuwait authorities said that while they value the ICC’s work and efforts, they are “keen to have a reasonable definition of the crime of aggression, which is a source of concern and a threat to peace.”

Despite such opposition and concern, the European Union was the first to announce its approval for the proposed amendment to give the ICC the power to handle the crime of aggression.

For more information please see:

New Vision – US wants aggression handled by UN – 1 June 2010‎

Daily Monitor – US cautions on crime of aggression – 2 June 2010

Radio Netherlands Worldwide – ICC: crime of aggression under debate – 2 June 2010

 
 

Colombia’s Security Forces Still Culpable for Unlawful Killings Despite Progress

By Ricky Zamora
Impunity Watch Reporter, South America

 

BOGOTA, Colombia – While Colombia has made efforts to combat unlawful killings, its security forces continue to be implicated in such acts.

Colombia, long plagued by armed conflict and the deadly drug trade, is no stranger to human rights violations.  While the country has taken steps to reduce unlawful killings, it has been an uphill battle against decades of unlawful killings committed with virtual impunity.

Recently, Professor Philip Alston, UN Special Rapporteur on extrajudicial, summary, or arbitrary executions, reported that the rate of impunity for alleged killings by Colombian security forces may be as high as 98.5%.

An investigation led by Alston revealed that while these killings are not committed pursuant to official policy, many victims were murdered by the military, often for soldiers’ personal benefit or profit.  In fact, within the military, success was equated with ‘kill counts’ of guerrillas and promoted an accountability-free environment.

The investigation revealed that while Colombia’s efforts to reduce such killings include dismissal of senior military officers and the monitoring of military activity by the UN, they appear to be ineffective.

This indicates that current efforts are undermined by the very policies set forth to reduce unlawful killings.  Alston reported that there is an “alarming level of impunity for former paramilitaries.”

He added that “The vast majority of paramilitaries responsible for human rights violations were demobilized without investigation, and many were effectively granted amnesties. Today, the failure in accountability is clear from the dramatic rise in killings by illegal armed groups composed largely of former paramilitaries.”

Alston believes that “unless the Government ensures effective investigation and prosecution of killings by security forces, it will not be able to accomplish the goals it seeks to achieve and family members deserve justice. Colombian society and the international community need to know that security operations are lawful, or they will not be considered legitimate.”

This problem is not merely a threat to those typically vulnerable to guerrilla exploitation – the poor and ignorant.  In fact, human rights defenders, trade unionists, and other rights activists have fallen victim to the guerillas, paying with their lives.  This, then, tends to cause grave instability not only in Colombia’s remote areas, but everywhere, including the political arena, Alston added.

The Rapporteur did, however, commend the Colombian government for the part is has done; namely, that it is open to external suggestions for reform and willing to open itself to international scrutiny of its security policies.  This, he noted, is especially important as it sets an example for neighboring states to embrace the notion of transparency in regards to their security policies.

Professor Alston was appointed UN Special Rapporteur on extrajudicial executions in 2004 and reports to the United Nations Human Rights Council and the General Assembly. He has had extensive experience in the human rights field, including eight years as Chairperson of the UN Committee on Economic, Social and Cultural Rights, principal legal adviser to UNICEF in the drafting of the Convention on the Rights of the Child, and Special Adviser to the UN High Commissioner for Human Rights. He is Professor of Law and Faculty Director of the Center for Human Rights and Global Justice at New York University School of Law.

For more information, please see:

Office of the High Commissioner for Human Rights – UN Expert finds progress, but also pattern of unlawful killings and ongoing “serious problems” with Colombia’s Security Policies – 27 May 2010

UN News Centre – Colombia takes steps on killings but security forces still culpable – 27 May 2010

Huffington Post – Colombia Commits “Crimes Against Humanity” as Free Trade Pacts Are Debated – 13 May 2009