PERU: LEGISLATIVE DECREES ARE A GRAVE SETBACK FOR HUMAN RIGHTS

PERU: LEGISLATIVE DECREES ARE A GRAVE SETBACK FOR HUMAN RIGHTS

Amnesty International
Campaign for International Justice

The Peruvian Government should abandon any attempt to legislate in favour of human rights violators, Amnesty International said today.  Four legislative decrees issued by President Alan García, using powers delegated to him by the Peruvian Congress, could allow cases involving people under investigation for crimes against humanity to be closed.

“The legislative decrees adopted last Wednesday in Peru are a grave setback for respect of human rights and lay the foundations for a possible covert amnesty”, Susan Lee, Director of Amnesty International’s Americas Programme said.

The provisions approved by President García range from the sanctioning of a new Code of Police and Military Justice to the application of new procedural norms for cases involving human rights violations. 

Decree 1097 allows the dismissal of cases in which the period allowed for investigation of the accused by the Public Prosecutor’s Office and the judiciary has been exceeded. “The failure of the Peruvian State to make efforts to investigate human rights violations committed in the past is an excuse to close investigations of those accused of having committed such crimes which could amount to a covert amnesty”, Susan Lee said.

The decree, which establishes a new Code of Police and Military Justice, exceeds its powers because it proposes that military courts should not only try typically military crimes and offences but also all war crimes committed during internal armed conflicts that target the civilian population. Such offences should be tried in civilian courts. In addition, decree 1094 allows war crimes to be time-barred.

In 2006 the Constitutional Court had decided that the inclusion of war crimes in the Code of Military Justice was inconsistent with the Peruvian legal system and ruled it unconstitutional.

ADDITIONAL INFORMATION

Notwithstanding any detailed critique of the four legislative decrees adopted on 1 September by President Alan García that Amnesty International may publish at a later date, the organization believes that, in flagrant breach of the Convention on the Non-Applicability of Statutory Limitations for War Crimes and Crimes against Humanity and the Rome Statute of the International Criminal Court, to both of which Peru is a State party, the new Code of Police and Military Justice establishes a limitation period for war crimes and also allows amnesties and pardons to be granted to those responsible for such crimes.

Such practices are contrary to Peru’s obligations under both international treaty and customary lawand should be immediately shelved. For its part, the Inter-American Court of Human Rights has stated on several occasions that States cannot oppose amnesties, statutes of limitation orres judicata in cases involving grave violations of human rights.

According to the Comisión de la Verdad y Reconciliación, Truth and Reconciliation Commission, which was set up to determine the circumstances surrounding the human rights abuses committed during the 1980s and 1990s, of the 69,000 cases of people who were believed to have lost their lives or ‘disappeared’ during that 20-year period, 54 per cent were the work of the armed opposition group Sendero Luminoso, Shining Path, and 46 per cent that of the armed forces.

While at the moment hundreds of members of Sendero Luminoso are imprisoned, the first trials of members of the armed forces allegedly responsible for 47 of those cases began in 2005 in very difficult circumstances. Concerns were expressed that arrest warrants against members of the army and police accused of human rights violations were not being executed, that some cases were still being tried in military courts and that the Defence Ministry had reportedly failed to cooperate with the civilian courts. Nevertheless, the Peruvian justice system has taken important steps to end impunity over the past few years, including the trial of former President Alberto Fujimori that is currently taking place.

For more information, please see:

Amnesty International – www.amnesty.org – 03 September 2010

Senegal must stop delaying the trial of Hissène Habré

Amnesty International
International Justice Project

Ten years after a Senegalese judge charged former Chadian President Hissène Habré with torture and crimes against humanity, he continues to avoid trial in Senegal.

Thousands of Chadians were subjected to unlawful killings and systematic torture between 1982 and 1990 when Hissène Habré was President of Chad. Victims and their families have been campaigning for justice for 20 years.

In May 2006, the UN Committee against Torture concluded that Senegal had violated the Convention against Torture by failing to fulfil its obligation to either prosecute Hissène Habré before its courts or to extradite him to another country willing to do so.

The government of Senegal refused to extradite Habré to Belgium where charges have also been filed against him.

In the same year, the African Union called on the government of Senegal to prosecute Hissène Habré “on behalf of Africa.” Four years later, Senegalese authorities have yet to commence the case.

Each month that passes, victims or their relatives die without being able to see Hissène Habré face the charges against him.

Victims should not have to wait any longer. Senegal must bring Hissène Habré to trial immediately.

Please sign Amnesty International’s petition to Senegalese President Abdoulaye Wade and circulate it to your friends, families and networks: http://www.amnesty.org/en/node/18650

Aid Requested as Thousands Flee Clashes in Yemen

By Eric C. Sigmund
Impunity Watch Reporter, Middle East

SANA’A, Yemen – More than 8,000 civilians were forced to flee their homes as Yemeni forces launched an assault on a suspected al-Qaeda stronghold in the town of Hota in Shabwa province.  The government contends that over 100 al-Qaeda fighters were hiding in the town.  The outbreak in fighting comes as John Brennan, President Obama’s top counter-terrorism advisor, was visiting Yemen. 

Authorities suspect that radical Muslim cleric, Anwar al-Awlaki, a U.S.-Yemeni citizen wanted by the U.S. has been hiding in his home province of Shabwa.  Analysts have been monitoring the development of Al-Qaeda in the Arabian Peninsula (AQAP) which has considerable influence in the country’s tribal regions.   AQAP is responsible for a series of attacks inside Yemen, the latest happening in June.  Today, the government detailed that it had engaged “armed elements” of al-Qaeda inside the town killing at least three militants. 

The government has been giving notice to citizens since Saturday urging them to flee in anticipation of the anti-terror offensive.  Civilians fled to nearby towns creating cramped conditions.  The Red Crescent has been calling for food and medical supplies to support the growing populations.

This attack is just the latest in a larger campaign against AQAP within Yemen.  With U.S. military and intelligence support, the Yemeni government has been able to step up its attacks against al-Qaeda in the last year.   Yemen remains critical battlefield in the War on Terror as al-Qaeda continues to grow its ranks in the region.   The Christmas Day Bomber, Umar Farouk Abdulmutallab was found to have spent time training in Yemen.   

Last month fighting in Loder left 19 militants and 11 Yemeni soldiers dead.   The United States has expressed its confidence in the Yemeni government stating that it is “convinced” that the government can defeat the militant forces.   As the government steps up its military strategy it must remain aware that it not only has to manage the conflict but also the humanitarian fallout. 

For more information, please see:

Agence France Presse – South Yemen Clashes Send Thousands Fleeing: Govt Official – 20 Sept. 2010

BBC Middle East – Thousands Flee Fighting in Yemen’s Shabwa Province – 20 Sept. 2010

CNN – Obama Counterterror Aid Visits Yemen – 20 Sept. 2010

Reuters Africa – Thousands Flee in Qaeda Clashes in South Yemen – 20 Sept. 2010

Agence France Press – Yemen Troops Kill Two at Checkpoint in Troubled Town – 19 Sept. 2010

Papua Prisoner Calls for Attention to Indonesia’s Abuses

By Joseph Juhn
Impunity Watch Reporter, Asia

Prisoner Filep Karma in prison in 2009, while enduring difficulties urinating. (Photo courtesy of Bintang Papua/Hendrik Yance Udam)

JAKARTA, Indonesia – A Papuan political prisoner in Jayapura’s Abepura prison says ongoing pressure by the international community is crucial to force Indonesia to address human rights abuses.

Filep Karma, age 51, has been in the Abepura prison for over five years after the district court found him guilty of treason when he raised the outlawed Papuan Morning Star flag and organized a pro-independence rally in late 2004.

Karma has been openly advocating for Papua’s independence from Indonesia. He has been on numerous occasions arrested and held in detention by the Indonesian military, most notable one being in 1999, when the Biak district court found him guilty of treason for leading and giving speeches at the Biak protests. Despite being sentenced for six and a half years in jail, he successfully appealed this sentence, won his appeal, and was freed that year.

In 2001, when members of the Indonesian special forces (Kopassus) killed then-Papuan-leader Theys Eluay, which dramatically raised political tensions in Papua, Karma became more involved with the independence movement.

Three years later, Karma helped organize an event on December 1, 2004, to celebrate the anniversary of Papua’s independence from the Dutch. The event was joined by hundreds of Papuan students, who chanted “freedom” and displayed the Morning Star Flag, which led to Karma’s arrest.

Today Filep Karma is probably one of Papua’s most popular pro-independence leaders as he never advocated violence as a means of obtaining liberty and independence.

“We want to engage in a dignified dialogue with the Indonesian government, a dialogue between two peoples with dignity, and dignity means we have no use of violence,” Karma said.

There have been critical moments, too. In August 2009, after experiencing difficulties urinating, Karma requested medical assistance from the staff of Abepura prison, only to be denied of any treatment or transfer to other medical clinic for diagnosis.

After long fight and intervention of various NGOs, Karma finally received prostate surgery in September 2010, a year after he first made requests for urgent treatment which prison authorities repeatedly denied.

He claims that international awareness of his plight has substantially helped improve the prison’s treatment of his health condition and brought positive change at the notorious prison.

“Because every time we report everything to people in the world, it makes shame for the Indonesian government. They changed the head of the prison. That’s why now, they will try to do best for the people,” he said.

For more information, please see:

Radio New Zealand – Papua prisoner calls for pressure to halt abuses by Indonesia – 20 September 2010

Human Rights Watch – Prosecuting Political Aspiration – 22 June 2010

Ecuador, Colombia Address Rights of Colombian Refugees

By Patrick Vanderpool
Impunity Watch Reporter, South America

Displaced Colombian Refugees (Photo courtesy of Colombia Reports)
Displaced Colombian Refugees (Photo courtesy of Colombia Reports)

 QUITO, Ecuador – Delegates from a bilateral commission recently convened to establish a plan to help the tens of thousands of Colombian refugees who are currently living in Ecuador. 

As many as 15,000 additional refugees are expected to flee war-torn Colombia for Ecuador this year alone. 

The talks were chaired by senior officials from both nations and although no solution was reached, the delegates involved agreed to deepen cooperation to lobby governments for aid to the refugees.

Currently, 53,000 Colombians are officially living in Ecuador as refugees, although many experts suspect that there are 135,000 Colombians who have fled to Ecuador.  There are also 80,000 additional refugees still living on Ecuadorian soil who are in need of protection.  Colombians are fleeing their home country in droves to escape rebel violence.

Although the refugee problem has been long-recognized, solutions have been slowed by Colombia’s refusal to accept responsibility.  Alfonso Morales, the head of the Ecuadorian Foreign Ministry’s department for refugees, said this week that the country has spent $40 million to attend to the refugees’ needs, while its neighbor to the north has contributed just $625,000 since 2000.  By many accounts, however, this meeting is an important first step towards a resolution.

The delegates’ primary objective for these meetings is to develop a comprehensive strategy to return displaced Colombians back to their home country and to ensure that the rights of the refugees are fully protected.

In addition to the tens of thousands of Colombians that continue to be forced to flee the country due to the ongoing violence, reports claim that the population of internally displaced Colombians has grown from 1 million to more than 4 million since 2004.  The human rights group Codhes says that 2.4 million Colombians were driven from their home country from 2002 to 2009, estimating that the total number of displaced people is now up to 4.9 million.

The delegates said that the next bilateral meeting will be held on Oct. 14 in Bogota and include the participation of representatives from the U.N. Refugee Agency and the International Organization for Migration.

For more information, please see:

 Inside Costa Rica – Firm Steps Toward Normalization of Ecuador-Colombia Relations – 17 September 2010

Latin American Herald Tribune – Ecuador, Colombia Begin to Address Refugee Issue – 17 September 2010

Colombia Reports – Ecuador Expects 15,000 more Colombian Refugees this Year – 13 September 2010