According To Justice Minister, Chilean Prison Conditions “Subhuman”

According To Justice Minister, Chilean Prison Conditions “Subhuman”

By Patrick Vanderpool
Impunity Watch Reporter, South America

Recent fire at a Chilean prison kills 81 prisoners (photo courtesy of http://morrisonworldnews.com)
A recent fire at a Chilean prison which killed 81 prisoners (photo courtesy of http://morrisonworldnews.com)

SANTIAGO, Chile – Monday, Justice Minister Felipe Bulnes called the overcrowding of Chilean prisons, which lead to the deadliest prison fire in the country’s history, “subhuman.”  Overcrowding in penitentiaries was officially recognized as a primary cause of last Wednesday’s fire that burned part of the capital’s San Miguel Prison and killed 81 prisoners.

The San Miguel Prison currently houses approximately 1,900 people, double its intended capacity.  This overcrowding can be seen in almost every jail in Chile.  Chile’s prison population totals approximately 54,000 people; however, it’s  infrastructure only has the capacity for 34,000 people.

Bulnes was quoted on a Chilean television network as saying, “of course we need more jails, because it would allow us to separate and rehabilitate. With rates of overcrowding like this, conditions are subhuman, an indignity.”  He also admitted the need to purge the Gendarmeria, the Chilean prison service, in response to accusations by inmates’ families that guards regularly accept bribes to bring drugs, cell phones and other prohibited items into the prisons.

Jaime Pincheira, the prison warden Calama, a city in Northern Chile, has denied reports that 500 inmates began a hunger strike Sunday in solidarity with the families of the San Miguel victims.  Pincheira told local reporters that only 200 of the prisoners there are fasting, some 40 percent of the prison population.

In a report on prison conditions last year, Supreme Court attorney Monica Maldonado found that some prisons have potable water only a couple of hours a day, a hundred prisoners share one usually infested toilet and the population in some jails easily doubles their capacity.

President Sebastian Pinera has responded to the recent criticisms and deaths by announcing a $460 million plan to improve conditions for Chile’s prisoners. The plan includes purchasing prefabricated modular prisons for minimum-security inmates to help reduce overcrowding in the country’s prisons.

The courts are currently investigating claims that prison police in San Miguel waited an hour before calling the fire department while 81 inmates suffered burns and smoke inhalation.

For more information, please see:

Global Post – The Story Behind Chile’s Prison Fire – 15 December 2010

Latin American Herald Tribune – Chilean Official: Prison Inmates “in Subhuman Conditions” – 13 December 2010

Associated Press – New unrest at Chile prison where 81 inmates died – 11 December 2010

Sri Lankan ‘War Criminal’ Gets U.N. Diplomatic Immunity

David L. Chaplin II
Impunity Watch, Asia

COLOMBO, Sri Lanka – Suspected Sri Lankan ‘war criminal’, Shavendra Silva, former top military commander, played an alleged key role in the slaughter of 40,000 civilians and is also accused of clipping down separatist political group leaders, killed at gun-point, in the midst of surrender; now sits in a pool of full diplomatic immunity at the United Nations. The Srilankan government has expressed no interest in holding this human rights abuser accountable, as evident with their latest appointment of a war criminal as ‘deputy permanent U.N. representative’.

The GOC of the 58 Division Brigadier Shavendra Silva shows President Mahinda Rajapaksa a tank captured from the LTTE.
The GOC of the 58 Division Brigadier Shavendra Silva shows President Mahinda Rajapaksa a tank captured from the LTTE.

“Thousands were killed or starved. There were massive human-rights violations and he’s the No. 1 suspect,” said the investigator, a human-rights group expert who asked not to be identified.

Now, the UN panel has a war criminal, a man with first-hand knowledge of the slayings, coming into the UN to represent Sri-Lanka.

Human-rights groups are outraged that Shavendra Silva, 46, a top ex-military commander, was named Sri Lanka’s deputy permanent U.N. representative in August, after which he moved to New York.

His arrival came a year after his troops defied international pleas and shelled a no-fire zone packed with women, children and elderly refugees, according to observers.

“It’s a slap in the face,” said an investigator familiar with Silva, who last year oversaw the final months of a brutal 26-year civil war against Tamil separatists on the island nation off India’s southeastern tip.

The war started in 1983 after the Tamils, a Hindu ethnic minority, were denied power by the ruling Sinhalese, Buddhists, and formed a violent resistance group, the Tamil Tigers.

Maj. Gen. Shavendra Silva’s presence in New York coincides with U.N. Secretary-General Ban Ki-moon setting up a panel of experts to advise him on accountability for human rights violations during the final stages of the conflict in Sri Lanka.

It was after the New York Times published an article critical of the Sri Lankan Government’s appointment of Major General Shavendra Silva as the Deputy Permanent Representative to the UN that a journalist questioned the acting Dpt. Spokesman of UN Chief Ban Ki-Moon whether Silva will be interviewed by the expert panel.

The United Nations Secretary-General Ban Ki-moon appointed a panel of experts to advise him on Sri Lanka’s alleged violations of human rights and humanitarian law during the last stages of the war against LTTE.

He was further questioned on whether the final report of the findings of the Expert Panel will be made public, the Farhan Haq, Acting Deputy Spokesperson for the Secretary-General said that, “We’ll have to see.  As you know, it is an internal body, but it will be up to the Secretary-General to determine what he makes public once he received that information.”

In a phone interview from London, Mr. Keenan said it appeared to be more than a coincidence that Gen. Silva would be appointed to the mission in New York at the same time as Mr. Ban set up the panel of experts.

“So it seems fair to assume that he is trying to influence it, which is the right of the Sri Lankan government. But I think that is disturbing that someone who himself was involved in the very incidents that the U.N. has begun looking into should have any chance to influence the panel’s operations,” Mr. Keenan said.

For more information, please see:

The Washington Times – Sri Lankan war crimes suspect get post as representative to U.N. – 5 December 2010

Live Lanka – UN not sure whether Expert Panel will interview Shavendra Silva – 11 December 2010

FOX news – ‘War criminal’ gets a UN job – 21 November 2010

Free Malayasia Today – ‘War Criminal’ gets a UN job – 8 December 2010

WikiLeaks Exposes Southern Sudan Arms Deal

By Daniel M. Austin                                                                                                                                                                                                Impunity Watch Reporter, Africa

The MV Faina arrives in Kenya in February 2009. (Photo Courtesy of AFP).
The MV Faina arrives in Kenya in February 2009. (Photo Courtesy of AFP).

KHARTOUM, Sudan – The website WikiLeaks has released diplomatic cables describing the hijacking of a merchant ship in the Gulf of Aden by Somali pirates in September 2008. This act of piracy was especially alarming because the merchant ship was transporting a large arms shipment destined for southern Sudan. The cables go on to describe both the contents of the arms shipment and the Kenyan government’s role in helping to deliver the weapons to southern Sudan.

The merchant ship attacked by Somali pirates was the MV Faina, a Belize flagged Ukrainian tanker. According to the cable, the merchant ship contained a huge arms shipment including 33 T-72 tanks, 42 anti-aircraft guns, 36 rocket-propelled grenades, six rocket launchers and 13,000 125mm rounds of ammunition. The MV Faina was bound for Kenya when it came under attack. U.S. diplomats believed that if the cargo landed in Kenya, the arms would have been off-loaded onto rail cars and transported through Uganda to Juba, Sudan. U.S. officials claim an earlier arms shipment, that included tanks, was delivered to southern Sudan along the same route.

In early 2009, the MV Faina was released after a $3.2 million (U.S. dollars) ransom was paid. After being freed, the MV Faina traveled to Kenya and unloaded its cargo. The tanks and other weapons still remain in Kenya and have not been transported outside of the country. The Wikileak’s cables also describes how diplomats and military commanders in the United States were contemplating a military strike on the  MV Faina in order to prevent the weapons from falling into the hands of al-Shabab, an Islamic militant group operating in Somalia.
 
Along with detailing the arms shipment, the diplomatic cables illuminate the work of U.S. diplomats in Africa. Specifically, the cables describe the United States tacit approval of Kenya’s effort to supply weapons to southern Sudan during the Bush administration. However, when President Obama took office in 2009, his administration reversed course and became much more critical of Kenya’s actions.

The release of these sensitive diplomatic cables is coming at a crucial time for Sudan. On January 9, 2011, a referendum will be held to decide whether southern Sudan will break away from the north and become an independent state. The referendum was part of a peace deal negotiated in 2005 after 50 years of civil war.

For more information, please see:

Associated Press — US considered military action on pirated arms ship –- 10 December 2010

BBC Africa – Wikileaks: US ‘aware of’ Kenya-Southern Sudan arms deal – 9 December 2010

New York Times — Pirates’ Catch Exposed Route of Arms in Sudan – 8 December 2010

The Christian Science Monitor — WikiLeaks documents roil Nigeria, Kenya, and South Africa – 9 December 2010

Voice of America — Leaked Cables Detail Kenya’s Role in Arming South Sudan – 9 December 2010

Croatia urged to speed up war crimes prosecutions

Amnesty International
December 9, 2010

Full report: http://www.amnesty.org/en/library/info/EUR64/003/2010/en
Video: http://www.youtube.com/watch?v=hFAEhT2bh9s

The Croatian authorities should speed up the prosecution of war crimes suspects and make it their top priority, Amnesty International has said in a report published today.

Behind a wall of silence: Prosecution of war crimes in Croatia
, shows how the country’s justice system is failing to provide many of the victims of the 1991-1995 war with justice amid continued delays, threats against witnesses and concerns over standards.

Government statistics currently indicate that on average 18 war crimes cases are concluded each year. With almost 700 cases yet to be prosecuted, most of those responsible may never face trial.

“People need to know the truth about events from the recent past that have marred the lives of many. Victims and their families need justice. It is the responsibility of the Croatian authorities to deliver both,” said Nicola Duckworth, Europe and Central Asia Programme Director.

“The authorities have the support of the international community, however despite the often declared commitment by officials to deal with impunity for war crimes and despite progress in some areas justice has been slow in coming and very selective.”

Crucial concepts such as command responsibility, war crimes of sexual violence and crimes against humanity are also not defined in national law in accordance with international standards. This results in impunity for many of the crimes.

The overwhelming majority of war crimes proceedings in Croatia take place before county courts, where trial panels are rarely formed exclusively of criminal judges, and panel judges all too often lack sufficient expertise in international criminal law and other relevant international standards.

Witnesses in war crimes proceedings continue to face intimidation and threats. County courts do not have the basic facilities to provide witness support and protection.

Prosecutions of war crimes in the period of 2005-2009, on which this report focuses, have disproportionately targeted Croatian Serbs who were the accused in nearly 76 per cent of all cases.

At the same time, despite the existence of publicly available information, including evidence from public court proceedings in Croatia, allegations against some high profile military and political officials have not been investigated.

The allegations are detailed more fully in the report, but examples include Vladimir Šeks, Deputy-Chairman of the Croatian Parliament, who is alleged to have been involved in crimes committed in Osijek in 1991.

General Davor Domazet-Lošo, who was identified in a trial judgment as, effectively being in command of the 1993 military operation in Medak Pocket, and Tomislav Merčep, a war time Assistant Minister of the Interior and reportedly under investigation by the International Criminal Tribunal for the former Yugoslavia, have also so far also escaped thorough, independent and impartial investigations for similar allegations.

While some people indicted for war crimes continue to enjoy state support, many victims of war crimes are denied access to reparation.

“War crimes have no ethnicity. They affect people regardless of their origin and the perpetrators must be prosecuted regardless of their ethnicity or their social position,” Nicola Duckworth said.

Amnesty International calls on the Croatian authorities to bring the country’s legislation in line with international standards; develop a state strategy for prosecution of war crimes cases and bring to justice all those, including senior officials, allegedly responsible for committing crimes during the 1991-1995 war.

“Many of the failings of the Croatian justice system may result in large part from a lack of political will to deal with the legacy of the war,” Nicola Duckworth said.

“Croatia must deal with its past in order to move forward. Impunity for war crimes is a stumbling block towards membership in the European Union. By removing it, the authorities will prove that the country is unequivocally on a path that closes the gaps in delivering justice. The victims expect, and deserve, no less.”

Croatia’s declaration of independence from the Socialist Federal Republic of Yugoslavia in June 1991 was followed by an armed conflict between the Croatian Army and Croatian Serb armed forces, aided by the Yugoslav People’s Army, which ended in 1995.

During the 1991-1995 conflict, massive and serious human rights violations were perpetrated by both sides such as arbitrary killings, torture including rape, enforced disappearances, arbitrary detention and forcible expulsions; hundreds of thousands of people became refugees abroad or internally displaced.

Since the early stages of the conflict, Amnesty International has been campaigning against impunity for war crimes committed in Croatia and elsewhere during the wars that accompanied the disintegration of Yugoslavia.

Campaign for International Justice
Amnesty International
1 Easton Street
London WC1X 0DW
United Kingdom