Al-Qaida Claims Responsibility for Kidnapping in Niger

January 13, 2011

By Daniel M. Austin
Impunity Watch Reporter, Africa

Restaurant where Frenchmen were kidnapped in Niamey, Niger. (Photo courtesy of Guardian).

NIAMEY, Niger -On Thursday, a spokesman for al-Qaida in the Islamic Maghreb, or AQIM, claimed responsibility for the abduction of two French nationals from a restaurant in Niamey, Niger’s capital. The abduction, which occurred on January 7, ended when French Special Forces and Niger security personnel assaulted a convoy of vehicles containing the hostages. The hostages, along with several others were killed in the struggle. French government officials have not determined if the hostages were killed by the kidnappers before the firefight began or during the skirmish itself.

The two Frenchmen, Antoine de Leocour and Vincent Delory were forcibly removed from the eatery after two white pick-up trucks pulled up and the kidnappers stormed the restaurant. The two vehicles then left the Niger capital and began heading north towards the Mali-Niger border. It is believed that the convoy was headed to a region in southern Mali where AQIM has several hidden base camps. As the vehicles were reaching the border Niger security forces caught up to the kidnappers. The initial assault was conducted by Niger security forces and then French Special Forces arrived by helicopter and began shelling the vehicles from the air. According to the French government, the convoy’s movement was being monitored by French spy planes and Niger military personnel as it traveled towards the Mali border.

The firefight left both hostages dead along with four kidnappers and two men dressed in Niger military uniforms. It remains unclear if the two men wearing the military uniforms were killed in a friendly fire incident or were working with AQIM to help the kidnappers escape. Among the hostages, one was shot in the face at close range while the other died from burns, possibly when a gasoline storage tank exploded after being hit by a bullet from the French military.

Along with this incident, AQIM has claimed responsibility for kidnapping several other foreigners in the Sahel region. The Sahel region is an area that includes parts of Niger, Mali, Mauritania and Algeria. Authorities believe that AQIM has kidnapped and is holding five French citizens, a Togolese and a Madagascan in northern Mali. These individuals were kidnapped in September 2010 from Arlit, a uranium mining town in northern Niger.

For more information, please see:

AFP — One French Niger hostage burnt, other shot — 13 January 2011

AP — Report: al-Qaida claims Niger kidnapping — 13 January 2011

BBC Africa — Al-Qaeda claims responsibility for Niger kidnappings — 13 January 2011

The Telegraph — Al Qaeda claims kidnap of French hostages in Niger – 13 January 2011

Indonesian Soldiers charged over Papua torture tried

January 13, 2011

The video uploaded on Youtube last October where Indonesian solders tortured Papuan civilians. (Photo courtesy of the Jakarta Times)

By Joseph Juhn
Impunity Watch Reporter, Asia, Oceania

JAYAPURA, Papua – Three Indonesian soldiers who were accused of torturing two Papuan men were brought before a military court in Papua province on Thursday.

In October 2010, these soldiers featured in a 10-minute video in which they poke a burning stick to the genitals of unarmed bound Papuans and threatened to kill another with a knife. The video was uploaded onto Youtube by human rights activists and it immediately created an international furor.

The incident occurred earlier last year near Gurage village in Papua where Indonesian troops often violently clashes with poorly armed separatist rebels from the indigenous Melanesian majority.

The charge against the soldiers has been subject to doubts, however, as military prosecutors have charged the men with insubordination, which carries a maximum penalty of 30 months in prison.

“Before they were sent to their post, their commander instructed them not to commit any acts of physical or emotional violence against civilians. But they were disobedient,” said the lead prosecutor, Maj. Soemantri.  

On the question of whether the soldiers should be charged with the more serious offense of assault under the civilian Criminal Code, Mr. Soemantri said he and other prosecutors had been unable to obtain the necessary physical evidence and statements from the victims.

“We need physical evidence like medical examinations and witness testimonies, that is what we failed to get,” he said.   “We only have the video to rely on as evidence.”  

Human rights activists say, however, the video is clear evidence of human rights abuse and that the three soldiers should face Indonesia’s Human Rights Tribunal. In addition, members of the Papuan Customary Council were able to meet with Kiwo, one of the victims in the video who had gone into hiding, and recorded his testimony.   

In the testimony, Kiwo said he had been tortured for more than 48 hours, was repeatedly beaten, suffocated and burned with cigarettes. He said his toes were crushed with pliers and that soldiers rubbed chili paste, detergent and salt into his open wounds.  

Despite these ample evidence of inhumane torture, defendants claim that they believed the victims were members of the Free Papua Movement (OPM) because Kiwo was wearing a type of blue necklace commonly worn by OPM members.

Many are coming together to condemn this trial.

Haris Azhar, chairman of the Commission for Missing Persons and Victims of Violence (Kontras), is one of them.   “This trial is biased, unreliable and offers no protection for the victims,” he said.   Mr. Azhar added that the National Commission on Human Rights should declare the incident a gross human rights violation, take over the investigation and push for the military chief to move the prosecution to the civilian courts.

 Another joining this condemnation is Rafendi Djamin, Indonesia’s representative to the Asean Intergovernmental Commission on Human Rights, who claims the government needed to hand out harsher punishments to stop such violations in the future.   

The Military Tribunal Law is not enough of a deterrent and should be revised, he said. Most of the articles in the law treat infringements by soldiers as disciplinary violations, he added.   

The closed-door trial is scheduled to resume on Monday.  

For more information, please see:

ABC News – Torture accused soldiers front Papua tribunal – 5 November 2010

The Jakarta Times – Military Court Tries Soldiers Accused of Papua Torture – 14 January 2011

Radio New Zealand – Three Indonsians charged over Papua torture – 14 January 2011

Abuse against Migrant Workers Takes Center Stage in Saudi Arabia…Again

January 13, 2011

By Eric C. Sigmund
Impunity Watch Reporter, Middle East

RIYADH, Saudi Arabia – A Saudi court on Sunday issued a three year prison sentence to a female employer of an Indonesian maid. Reports indicate that the ruling may be the first time in the country’s history that a punishment has been handed down to a Saudi citizen for abusing a migrant worker. The employer was found guilty under a new law issued by the Kingdom to fight human trafficking. Observers contend that Sunday’s ruling is a small step in the right direction for a country which continues to face international pressure to secure rights and protections for migrant workers.

Indonesian Migrant Worker Beaten by Saudi Employer (Photo Courtesy of The Telegraph)

The maid, 23, suffered internal bleeding and broken bones after she was severely beaten and burned by her employer. This latest case of abuse against migrant workers has sparked international condemnation for a problem which has been prevalent in the Middle East in recent months. Migrant workers continue to be subjected to poor treatment, abuse, arrest and deportations throughout the region. A comprehensive report published by Human Rights Watch last year found that migrant workers who suffer abuse at the hands of their employers are likely to suffer emotional trauma and substantial psychological effects. The report indicates that such abuse may also contribute to forced labor and human trafficking.

While the ruling appears to be a small win for rights activists, both sides are appealing the ruling. Indonesian officials have declared the sentence to be unsatisfactory. Didi Wahyudi, the head of citizen protection services at the Indonesian Consulate in Jeddah stated that “[t]he punishment is not strict enough, it’s a very light punishment.” Other’s however, appear to embrace the ruling with an optimistic view towards the future. The Saudi daily newspaper, Arab News, reported that the case “may become something of a watershed.” The government in Riyadh has kept its distance in the controversy, failing to comment about the court’s decision. Although the Saudi government is unlikely to announce any significant change in its policies towards migrant workers in the near future, Sunday’s ruling may be a starting point to guaranteeing greater rights and legal protections for migrant workers in Saudi Arabia.

For more information, please see:

BNO News – Indonesia to Appeal Sentence in Saudi Arabia Tortured Migrant Worker Case – Jan. 13, 2011

Adnkronos International – Non-govt Groups Fundraise to Repatriate Migrants Stranded in Saudi Arabia – Jan. 12, 2011

CNN World – Woman Gets Three Years for Abusing Indonesian Maid – Jan. 12, 2011

People’s Daily Online – Indonesia Files Appeal on Tortured Migrant Worker Case in Saudi Arabia – Jan. 12, 2011

Environmental Suit Against Chevron Continues in Ecuador

January 12, 2011

By R. Renee Yaworsky
Impunity Watch Reporter, South America

QUITO, Ecuador—Locked in a lawsuit over their allegedly environmentally unsound oil practices, Chevron Corp. has now turned up the heat against their legal opponents. Chevron has subpoenaed and published numerous documents privately exchanged between members of the plaintiffs’ legal team. The documents include emails and letters, and even a diary. Also released are cut scenes from a documentary about the case.

Outtakes being used from the documentary “Crude” include a scene of plaintiffs’ attorney Steven Donziger saying that Ecuadoran judges respond better to fear than the law. Donziger goes on to say that any judge ruling against the plaintiffs might not be killed by angry Ecuadorans, but “[the judge will think] he will be [killed] . . . which is just as good.”

Although Chevron thinks that their line of documents and film scenes add up to fraud and misconduct by the plaintiffs’ legal team, the team’s spokesperson explained: “The comments were all born out of a frustration with Chevron’s efforts to undermine the trial in Ecuador. The real fraud in this case is Chevron’s intentional contamination of the rain forest and its efforts, now on display in the United States, to cover it up.”

In 2003, a class action lawsuit was brought against Texaco, which was acquired by Chevron in 2001. The lawsuit was brought in Ecuador by claimants alleging that the company contaminated the land where it was performing oil operations. The claimants believed that the environmental pollution increased cancer rates and other medical issues in those who lived in the area. After judicial inspections of the region, an independent expert in 2008 recommended that the court demand Chevron pay $27 billion as compensation for their activities.

The initial judge in the case recused himself after allegations were made about judicial misconduct; the current judge has intimated that a verdict may be expected sometime this year.

This present chapter in the lawsuit is preceded by a history dating back to a similar lawsuit filed against Texaco in 1993. Texaco drilled for oil in an Ecuadoran rain forest from 1964 until 1992, unloading a petroleum and water mix into pits near the oil wells.

For more information, please see:

Business & Human Rights Resource Centre-Case profile: Texaco/Chevron lawsuits (re Ecuador)-12 January 2011

Westlaw News & Insight-Film outtakes steal stage in Chevron Ecuador case-11 January 2011

San Francisco Chronicle-Chevron tries to use foe’s words against them-29 December 2010

Update: Congolese Soldiers Charged and Arrested for New Year’s Day Mass Rape

January 12, 2011

By Laura Hirahara
Impunity Watch, Africa

KINSHASA, DR Congo- Government soldiers in the Democratic Republic of the Congo (DR Congo) have been accused of the New Year’s Day mass rape in Fizi of over a dozen women. The coordinated attack also left many more injured and included the looting and burning of several town homes and businesses. A spokesperson for the military, Vianney Kazarama, has confirmed that eight soldiers have been arrested in connection with the attack. Meanwhile, the UN Office for the Coordination of Humanitarian Affairs (OCHA) has stated that thirty-six individuals were treated for rape at the Fizi hospital and the Doctors Without Borders (MSF) clinic in Fizi. U.N. spokesman Martin Nesirky said that among the suspects in custody, all are government soldiers and at least one is a ranking officer.
Rape as a weapon of war has been prevalent in DR Congo and under-reporting makes it difficult to track. Of the almost 16,000 cases of war rape reported in 2008, 65% of those were children, most of them girls. Unmarried women who are raped face being ostracized in their communities and are seen as undesirable for marriage. Married women who are raped are routinely abandoned or divorced by their husbands.
This attack highlights a pattern of rape and looting by soldiers in DR Congo. Last month, a Congolese military commander was ‘blacklisted’ by a U.N. Security Council committee for orchestrating mass rapes in the eastern regions of the country. Several months prior, during the summer, hundreds were raped by Rwandan Hutu rebel forces and the Congolese troops who were fighting them. Nicholas Kristoff, New York Times Reporter on human rights violations in Africa and Asia, has said of the human rights violations occurring in DR Congo, “…no humanitarian crisis generates so little attention per million corpses, or such a pathetic international response.”

For more information, please see;

AFP– DRCongo Troops Blamed For Rapes, Looting in Sud-Kivu– 12 Jan., 2011

Reuters Africa- Congo Soldiers Held Over Alleged Rapes, Looting- U.N.– 12 Jan., 2011

AllAfrica.com- Rape. Re-rape. Gang Rape. But, Really, Who Cares?– 12 Jan., 2011