War Crimes Prosecution Watch, Vol. 5, Issue 18 — December 6, 2010

War Crimes Prosecution Watch, Vol. 5, Issue 18 — December 6, 2010

Volume 5, Issue 18 – December 6, 2010

INTERNATIONAL CRIMINAL COURT

Central African Republic & Uganda

Darfur, Sudan

Democratic Republic of the Congo (ICC)

Kenya

AFRICA

International Criminal Tribunal for Rwanda

EUROPE

European Court of Human Rights

Court of Bosnia & Herzegovina, War Crimes Chamber

International Criminal Tribunal for the Former Yugoslavia

Domestic Prosecutions In The Former Yugoslavia

MIDDLE EAST AND ASIA

Extraordinary Chambers in the Courts of Cambodia

Iraqi High Tribunal

Special Tribunal for Lebanon

NORTH AND SOUTH AMERICA

United States

TOPICS

Terrorism

Piracy

Universal Jurisdiction

REPORTS

NGO Reports

UN Reports

TRUTH AND RECONCILIATION

COMMISSIONS

General

  • Solomon Islands
  • Togo
  • Canada

COMMENTARY AND PERSPECTIVES

WORTH READING

War Crimes Prosecution Watch is a bi-weekly e-newsletter that compiles official documents and articles from major news sources detailing and analyzing salient issues pertaining to the investigation and prosecution of war crimes throughout the world.  If you do not want to receive future issues of War Crimes Prosecution Watch, please email warcrimeswatch@pilpg.organd type “unsubscribe” in the subject line.

Colombian Lawmakers Block Legislation That Would Compensate Victims Of State Violence

By Patrick Vanderpool
Impunity Watch Reporter, South America

Memorial services for victims of violence in Colombia (photo courtesy of Colombia Reports)
Memorial services for victims of violence in Colombia (photo courtesy of Colombia Reports)

BOGOTA, Colombia – Earlier this week, twenty-three Colombian lawmakers blocked a vote on a law intended to regulate compensation for victims of violence in the country.  The proposed law establishes a process of reparation and assistance available to the more than 4 million Colombians affected by the country’s violence committed by guerrillas, paramilitaries and government forces will all be eligible under the law.

Last week, international NGO International Organization for Migration weighed in with their support for the proposed legislation by signing a memorandum with Colombia’s Vice President Angelino Garzon.  The memorandum also illustrates an initiative to create an agenda for promoting human rights, protecting migrant populations and preventing children from involvement in armed conflict.  Garzon went on record to say “the victims law would be an invaluable tool, but could have ended up being a dead letter if not for the support of international bodies such as the OIM.”

Although the law has seen significant support from international organizations, and perhaps most importantly from current Colombian President Juan Manuel Santos, members of the Colombian Legislature blocked the bill from moving forward citing a “conflict of interest.”  Elias Raad, one of the representatives who blocked the vote, said that he couldn’t vote because the husband of a fourth cousin would benefit from the law.

The majority of representatives responsible for blocking the vote are supporters of former President Alvaro Uribe, who publicly opposed the law.  Uribe refused to support the bill because it includes compensation for victims of state violence and Uribe simply found that these reparations would be “too expensive.”

Interior and Justice Minister German Vargas Lleras and Agriculture Minister Juan Camilo Restrepo were vocal in their anger about the congressmen’s blocking of the vote.  Restrepo called the legislators’ actions “filibuster politics,” claiming the only aim is to obstruct the approval of the law by delaying the necessary voting rounds.  Vargas Lleras claimed that he would call “extraordinary sessions” if the House wasn’t able to vote on the bill within its legal time limit.

For more information, please see:

Colombia Reports – Lawmakers Block Victims Law Vote – 8 December 2010

Colombia Reports – International NGO Supports Victims Law – 3 December 2010

Colombia Reports – Santos to Personally Defend Victims Law – 27 September 2010

A Divided Ivory Coast

By Daniel M. Austin
Impunity Watch Reporter,  Africa
Supporters of Mr. Ouattara burn tires in Abidjan. (Photo Courtesy of AP).
Supporters of Mr. Ouattara burn tires in Abidjan. (Photo Courtesy of AP).

ABIDJAN, Ivory Coast – The results of recently held presidential elections in Ivory Coast have thrown the west African nation into chaos. When the election results were tallied, the initial winner was the challenger Mr. Allassane Ouattara. However, a day after the country’s top election official endorsed Mr. Ouattara as the winner, the Constitutional Council which oversees elections in Ivory Coast, reversed its decision and named the sitting President Laurent Gbagbo the winner. The Constitutional Council claims there was substantial voter fraud in the northern half of the country and because of this finding, votes cast in these areas were thrown out. Coincidentally, the northern half of the country is where Mr. Ouattara is popular and drew most of his support.

According to election observers from the United Nations, and the European Union, the election process was fair and there was minimal corruption reported. Moreover, dignitaries from around the world have endorsed Mr. Ouattara including President Barack Obama and United Nations Secretary General Ban Ki-Moon. The initial election results showed Mr. Ouattara with 54.1% of the vote and Mr. Gbagbo with 45.9% of the vote.

The reversal of the election results has led to violence. After word spread that the election results were being reversed, supporters of Mr. Ouattara took to the streets and protested. The protests have turned violent in the capital city, Abidjan where at least four people have been killed in election-related attacks. It has been reported that the head of the Constitutional Council is a close friend of the sitting President and many Ivorians believe the election results has been rigged. In response to election-related violence, the country’s military has sealed off the borders, and is not allowing in any foreign media or news coverage. Government forces loyal to Mr. Gbagbo are patrolling the streets and have instituted a curfew.

In yet another strange twist, on Saturday, December 4, both candidates were sworn into office. First, Mr. Gbagbo officially was sworn into office and then several hours later Mr. Ouattara swore himself into office. With the election results uncertain and the threat of violence likely, Thabo Mbeki, the former president of South Africa has stepped in to help mediate the crisis.

For more information, please see:
Al Jazeera –  Cote D’Ivoire on the brink – 3 December 2010

BBC –- Thabo Mbeki to mediate in Ivory Coast president crisis –- 4 December 2010

CNN International — Both candidates claim presidency in Ivory Coast –- 4 December 2010

New York Times — Standoff Set Up With 2 Ivory Coast Presidents –- 4 December 2010

RFI — Gbagbo sworn-in, Ouattara swears himself in –- 4 December 2010

 
 

14-year-old U.S. citizen detained as Cartel Hitman

By Erica Laster                                                                                                                         Impunity Watch Reporter, North America

CUERNAVACA, Mexico – Under orders from the South Pacific Cartel, a 14 year old U.S. citizen has been identified as the murderer behind a number of beheadings committed in Mexico.  After his arrest Thursday evening, the 14 year old faced a series of questions from photographers, without any attempt to maintain or protect his identity from retaliation.  “I slit their throats,” he answered point blank in response to a question regarding the murder of four people.

14-year-old detainee indicated he acted under threat of death by drug cartels.  Photo courtesy of msnbc.com.
14-year-old detainee indicated he acted under threat of death by drug cartels. Photo courtesy of msnbc.com.

United States State Department Official, Gini Staub stated that, “We have confirmed the boy’s U.S. citizenship but can’t say anything more about the boy’s situation in the absence of a (provisional arrest warrant) signed by at least one of the parents.”

Authorities arrested the teen at a local airport in central Mexico.  Officials discovered U.S. passports and two cell phones with photographs of the torture victims in his possession.  The teenager indicated that he joined the cartel under threat of death.  “I either work or he’ll kill me,” he stated.  “He,” is better known as Julio “El Negro” Padilla, one of the leaders of Pacifico Sur Cartel.  The teen claimed that Padilla kidnapped and recruited him at the age of 11, paying him weekly in dollars and in pesos.

According to a series of videos posted on the internet, the 14 year old’s arrest was coupled with that of his sisters.  His sisters were allegedly used as decoys to lure victims to their death and dispose of the bodies after being tortured.  In one such video other suspects confessed to being responsible for the deaths of several men found hanging from a Cuernavaca bridge.  The remaining suspects in custody admitted placing the youth in charge of beheading the victims and cutting off their genitals.

Most widely known as the home of many wealthy families, Cuernavaca is generally used as a site at which families residing in Mexico City maintain second homes.  However, Cuernavaca is involved in a fierce drug war as traffickers fight for control of the Arturo Beltran Leyva cartel, whose leader was recently killed by military forces.

Martin Perez, director of Mexico’s Children’s Rights Network denounced the decision to parade the boy in front of the cameras, risking his safety and inviting retaliation from drug cartels.  “Everyone has the right to be presumed innocent,” he said. “Also, it could put his life at serious risk. We have to remember that this is a fight between criminal organizations.”

President Calderon acknowledged “in the most violent areas of the country, there is an unending recruitment of young people without hope, without opportunities.”  Mexico currently has no system for trying juveniles, who are simply placed in detention centers and released upon reaching 18.   No formal charges have been filed against the youth, pending the outcome of further investigative measures.

For More Information Please Visit:

MSNBC – 14 -year-old: Mexican drug gang made me behead 4 – 3 December 2010

CNN – U.S.: Accused teen hit man in Mexico is an American citizen – 6 December 2010

FOX – Mexico Nabs 14-Year-Old Cartel Hitman – 3 December 2010

Chilean Forces Storm Easter Island

By R. Renee Yaworsky
Impunity Watch Reporter, South America

Chilean riot police have been evicting Rapanui by force.  (Photo courtesy of Stuff)
Chilean riot police have been evicting Rapanui by force. (Photo courtesy of Stuff)

EASTER ISLAND, Chile—Indigenous residents of Easter Island have suffered violence at the hands of Chilean authorities who are attempting to drive them out of government buildings they began inhabiting three months ago.  The indigenous individuals, or Rapanui, claim that Chilean officials stole those buildings from their ancestors.  The authorities have been tear-gassing and shooting rubber bullets and buckshot at indigenous individuals, and at least 24 have been injured.  Leviante Araki, president of the Rapa Nui Parliament, suffered two shots and had to be flown to Santiago for medical attention.

The Rapanui have been occupying several buildings such as the Hangaroa Hotel and government offices.  Chilean forces, acting on a court order, have stormed the buildings and subdued the occupants by force before arresting them.

According to the website Saverapanui.org, “When the Rapanui gathered to protest this action, Chilean Special Forces started firing their guns and using tear gas.  The Rapanui responded by throwing rocks.  [The Forces] are hunting for individuals who have been involved with the reoccupation and those they are targeting who have helped share the story with the international press.”

On Saturday, Chile sent a plane to the island to evict the indigenous people.  Filmmaker Santi Hitorangi, who was wounded in a clash on Friday, reported that the indigenous residents have not complied, saying, “The arrival of the C-130 cargo plane with more police and armed swat teams adds to the psychological duress that’s happening here. ”  He alleged that Chile is trying to “stop any attempt of the Rapanui people to reassert their right to the land.  All we’re asking for is title to the land.  It’s a rightful claim.”  He added:   “Many including women were shot in their faces, in their heads.”

Chile’s government has been unsympathetic.  Interior Minister Rodrigo Hinzpeter called the acts of the indigenous individuals “illegal takeovers that cause damage to the island,” and said:  “The police forces acted in compliance with a court order.  That’s how institutions function, and we all must follow them.”

Easter Island is located about 7000 kilometers east of New Zealand and was annexed by Chile in 1888.  Each year, approximately 50,000 tourists visit the island, which is a Unesco World Heritage Site and famous for its monolithic sculptures.

There is concern among indigenous people that Chile is not properly regulating immigration to the island, which is incapable of sustaining such a population influx.  Indigenous individuals make up 2200 of the 5000 residents of Easter Island.  Some Rapanui have expressed fear that indigenous residents of the island could be wiped out by such practices.

For more information, please see:

Radio New Zealand-Rapa Nui activists fear uncertainty as Chilean troops remain on island-6 December 2010

Stuff-24 injured in Easter Island land protests-6 December 2010

Epoch Times-Easter Island Clashes Leaves Two Dozen Injured-6 December 2010

Press Association-Evictions continue on Easter Island-5 December 2010