Amnesty International: Croatia: Key International Court Ruling Delivers Justice To Victims Of War Crimes

Amnesty International: Croatia: Key International Court Ruling Delivers Justice To Victims Of War Crimes

AMNESTY INTERNATIONAL
PRESS RELEASE

15 April 2011
AI Index: PRE01/210/2011

A judgement handed down today by the International Criminal Tribunal for the former Yugoslavia (ICTY) convicting two Croatian generals of responsibility for crimes against humanity is a strong victory for Croatia’s war victims, Amnesty International said.

The ICTY convicted Ante Gotovina and sentenced him to 24 years. Mladen Markač was also convicted and sentenced to 18 years’ imprisonment. A third general, Ivan Čermak, was acquitted.

Ante Gotovina and Mladen Markač were found guilty of having participated in a joint criminal enterprise during and after the military “Operation Storm,” carried out from August to November 1995 with the aim of forcibly and permanently removing the ethnic Serb population from the Krajina region of Croatia.

“This judgement is the first step to truth and justice for many victims of crimes committed during ‘Operation Storm’ in Croatia in 1995,” said Nicola Duckworth, director of Amnesty International’s Europe and Central Asia Programme.

“It shows that even the most high-level perpetrators of crimes under international law cannot evade justice.”

According to the indictment, crimes against humanity were committed during the 1995 military operation, including persecutions, deportation, murder and inhumane acts. The charges also included war crimes, such as unlawful destruction of civilian property.

In a recent report, Behind a Wall of Silence: prosecution of war crimes in Croatia, Amnesty International documented how justice in Croatia is slow and selective more than 15 years after the war ended, and how a lack of political will to deal with the wartime past prevents many victims from receiving justice, discovering the truth and obtaining reparation.

Only 18 cases are resolved on average each year, adding to a backlog of more than 500 cases. At the current rate of prosecution, some victims of alleged war crimes and crimes against humanity would need to wait another 30 years to see justice.

High-level Croatian political figures – including current Deputy Speaker of the Croatian Parliament Vladimir Seks – have yet to face investigation. Prosecutions target mostly Croatian Serbs and other minorities whereas crimes committed by the Croatian Army and police forces go unpunished.

Local courts lack witness support and protection measures. The well-known case of the August 2000 killing of Milan Levar, a potential ICTY witness remains unresolved.

“The international community must demand that Croatia investigates and prosecutes its backlog of hundreds of cases to give victims access to justice, truth and reparation,” said Nicola Duckworth.

“Justice must be sought – and delivered – for Croatia’s war victims.”

Only a very limited number of low-level perpetrators have been brought to justice in Croatia for crimes committed during Operation Storm.

Public Document

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For more information please call Amnesty International’s press office in London, UK, on +44 20 7413 5566 or email: press@amnesty.org
International Secretariat, Amnesty International, 1 Easton St., London WC1X 0DW, UK

UPDATE: Protests in Burkina Faso Escalate

By Laura Hirahara
Impunity Watch Reporter, Africa

Merchants set fire to busses as soldiers continue to riot; Photo courtesy of the AFP
Merchants set fire to busses as soldiers continue to riot; Photo courtesy of the AFP

OUAGADOUGOU, Burkina Faso–  Despite dissolving his government, hiring new military commanders and enforcing a curfew, Burkina Faso’s president Blaise Compaore has failed to put an end to the protests and riots that started last Thursday.  Police and students have joined the soldiers who began rioting Thursday night.  The growing discontent of many Burkinabe’s has merged and the violence has spread to other towns.  The protests began late Thursday night when soldiers, frustrated that their pay had been withheld, began shooting into the air in the military compound near Compaore’s presidential residence.  The soldiers then spread into the city, looting shops and stealing citizen’s cars.

After the government failed to reign in the soldiers, merchants in the capital of Ouagadougou retaliated on Saturday, setting fire to busses and the ruling party’s headquarters.  Since Saturday, the military rioting spread to the northern town of Kaya and the southern towns of Po and Tenkodogo.  Though the smaller towns have apparently calmed down since Monday night- when soldiers roamed through the streets firing in the air, looting businesses and firing on the homes of military commanders- merchants in the capital refused to open their stalls in the center market.  This is no surprise given the level of violence- one witness told Reuters, “They are moving through town and they continue to fire in the air. They are taking people’s motorbikes and cars and breaking up shops.”    Since Thursday, 45 people have been taken to the hospital with riot-related injuries.

Analysts are saying this could be the end of Compaore’s rule in Burkina Faso.  Compaore has been in power since 1987 when he took over through a coup.  Since then the government has enacted terms limits, but Compaore is exempt since he was in power before the current constitution took effect.  Opposition from the younger generation of soldiers coming in poses the most serious threat to Compaore’s power.  Said Ashley Elliot of Control Risks,

The loyalists that were with Compaore for the 1987 putsch still pull the strings, but the old guard is ageing and a gulf has opened up between them and the junior officers. . . .The negotiations between senior and junior officers that began this weekend are about conditions and pay, but between the lines they are about redressing a generational balance of power.

For more information, please see;

AljazeeraFresh Riots Reported in Burkina Faso– 18 April, 2011

ReutersANALYSIS- Burkina Faso Unrest Threatens Compaore Government– 18 April, 2011

Mail & GuardianBurkina Faso Mutiny Spreads as Police, Students Riot– 18 April, 2011

BBCBurkina Faso Mutiny Spreads to Fourth City– 18 April, 2011


Libyan Leader Employs Cluster Bombs in Campaign Against Rebels

By Daniel M. Austin
Impunity Watch Reporter, Africa

Remains of a cluster bomb found in Misrata, Libya. (Photo courtesy of HRW).
Remains of a cluster bomb found in Misrata, Libya. (Photo courtesy of HRW).

MISRATA, Libya – Libyan leader Muammar Gaddafi has shelled the city of Misrata with cluster bombs according to a report published by Human Rights Watch (HRW). Witnesses in Misrata claim several cluster bombs exploded in the city on April 14th and 15th. It remains unclear how many civilians or rebel fighters were killed in these attacks. The cluster bombs were use during a push by Gaddafi-led forces to retake Misrata from the rebels. Fighting between forces loyal to Colonel Gaddafi and the opposition continues in both eastern and western Libya.

According to reports from Human Rights Watch and the British newspaper, The Guardian, on Thursday and Friday, witnesses in the city of Misrata saw at least four explosions believe to be from cluster bombs. The use of cluster bombs has been banned by most countries because of their potential to inflict damage over a large area. As noted by HRW, cluster bombs “explode in midair, indiscriminately throwing out dozens of high-explosive bomblets” and the submunitions then either explode upon impact or are detonated when an unsuspecting person steps on them or picks them up.

Making this scenario even more troubling is these cluster bombs are being used in an urban environment against both rebel forces trying to defend the city and civilians who have been unable to flee the violence. According to Steve Goose, HRW’s arms division director, the use of cluster bombs in a residential area poses “a huge risk to civilians.”

 HRW believes the cluster bomb munitions were manufactured in Spain before their use was condemned by the international community. Specifically, HRW believes the cluster bombs are “Spanish-produced MAT-120, 120mm mortar projectiles, which open in mid-air and release 21 submunitions over a wide area. Upon exploding on contact with an object, each submunition disintegrates into high-velocity fragments to attack people and releases a slug of molten metal that can penetrate armored vehicles.”

Moussa Ibrahim, a spokesman for the Libyan government has denied cluster bombs are being used in the fighting. He claims “We can never do this, morally, legally. We challenge them [HRW] to prove this. We know the international community is coming en masse to our country. We’re not using them.” It is important to note that Libya has not signed on to the Convention on Cluster Munitions which prohibits the use of cluster bombs and requires states that have stockpiled these munitions to destroy them.

Along with the cluster bombs, more than 100 government rockets have been fired into the city or Misrata as forces loyal to Col. Gaddafi are struggling to retake the city from rebel forces. According to rebels in Misrata, at least eight fighters have been killed as Gaddafi forces continue to push towards the center of the city.

For more information, please see:

Human Rights Watch — Libya: Cluster Munitions Strike Misrata – 15 April 2011

Guardian — Libya: Gaddafi forces ‘using cluster bombs in Misrata’ – 15 April 2011

Mail Online– Gaddafi accused of using cluster bombs on civilians, fuelling calls for allied ground troops to move in – 15 April 2011

New York Times – Qaddafi Troops Fire Cluster Bombs Into Civilian Areas -15 April 2011

The Sydney Morning Herald — Libya denies using cluster bombs – 17 April 2011

Swaziland’s King Continues to Crackdown on Protesters; ANC Speaks Out

By Laura Hirahara
Impunity Watch Reporter, Africa

Swaziland Protesters; Photo courtesy of the AP
Swaziland Protesters; Photo courtesy of the AP

MBABANE, Swaziland– In the midst of pro-democracy uprisings, Swaziland’s King Mswati II and his administration are taking a strict stance against the protesters and adopting an isolationist policy.  Despite attempted intervention from several African groups and international organizations, Mswati’s officials maintain the problem is ‘outsiders’ and not the need for reform.  Said Mswati’s Foreign Affairs Minister Lutfo Dlamini, “We have been threatened as a nation by outsiders that there will be an uprising. . .We needed to guarantee the safety of all Swazis[.]”

This statement was made on Wednesday in what has proven to be a tumultuous week for the small, land-locked country.  On Tuesday and Wednesday, police fired upon crowds of thousands with tear gas and water cannons.  Police entered the crowd and started beating the protesters with batons, arresting many.  The protesters are calling for reform from the government, namely in the areas of civil service pay and political parties.  Mswati has banned political parties, effectively eliminating the possibility of a multi-party democratic system in Swaziland.  Additionally, civil servant pay has been cut drastically.  The protesters are demanding that political parties be made legal again and the pay cuts be reversed.

Swaziland’s government has maintained throughout the unrest that this is the result of foreign agitators coming into the country to promote violence and treason.  However, the police and security forces seem to be targeting Swazi’s in crackdowns on unions.  On Wednesday, a unions’ headquarters was raided by police where approximately 300 teachers were gathered for a rally.  The forces again used tear gas and water cannons to disperse everyone from the meeting.

These actions have prompted the African National Congress (ANC) to speak out.  ANC Deputy of International Relations, Ebrahim Ebrahim, said on Thursday,

We call on the government of Swaziland to work towards the normalisation of the political environment by unbanning opposition political parties, releasing political activists and engaging in a meaningful dialogue with opposition political and trade union leaders to find a collective solution to the socio-economic situation faced by that country. . .The use of security forces to quell any form of political dissent and failure to address legitimate concerns of citizens can only lead to the worsening of relations between government and civilians, something that does not augur well for economic stability.

This is a strong statement from the ANC, which until Thursday had remained silent, allowing its partner, the trade union group Cosatu to work with the pro-democracy protesters.  Some hope this will change the king’s view of South Africa and the ANC.  Cosatu’s deputy international secretary, Zanele Mathebula, said up until Thursday, the ANC’s silence has given Swaziland’s government a reason to blame Cosatu.  “[The Swazi government] cannot understand how South Africa can allow Cosatu to be so vocal. They blame us- as if we are forcing the Swazi people to revolt against the king.”

Underlying the unrest are the stark realities of economic inequality in Swaziland.  King Mswati is Africa’s last absolute monarch and after years of funneling the country’s profits into private royal accounts, Mswati has become the 15th richest monarch in the world, with an estimated personal fortune of $200 million.  However, a majority of Swazi’s live in poverty, subsisting on less than $1 a day.  Life expectancy in the country is 32 years, a statistic supported by the HIV infection rate of 33 percent, the highest in the world.  Almost half the country is unemployed and up to a quarter of Swazi’s rely on food aid and donations for their survival.  Many believe the protests are the natural consequence of this growing gap between the wealthy royalty and the impoverished Swazis.  Said Deprose Muchena, acting Executive Director of the Open Society Initiative for Southern Africa (OSISA), “The Swazi government has shown its true colors to the world – it is repressive and authoritarian and only interested in its own survival.”

For more information, please see;

Mail & GuardianTime For Change in Swaziland, ANC Says– 15 April, 2011

NYTPolice Fight Teachers as Unrest Begins to Mount– 13 April, 2011

Christian Science MonitorIn Swaziland, Heavy Crackdown Beats Back Egypt Inspired Protests– 14 April, 2011

Bahrain Arrests Human Rights Lawyer and Doctors


By Eileen Gould
Impunity Watch Reporter, Middle East

MANAMA, Bahrain – In an effort to thwart the efforts of pro-democracy protestors, Bahrain has detained a human rights lawyer and two doctors.  Many Shi’ite protestors were inspired by the revolutions in Egypt and Tunisia to rise up against Bahrain’s Sunni-led government.

Last month’s uprising was the worst that Bahrain has seen since the 1990s.  The government imposed martial law in the capital city and also invited the troops of its Sunni allies, including Saudi Arabian troops, to prevent the protestors from getting out of hand.

Activists claim that at least four people have died from the government’s crackdown and have arrested hundreds more.  Amnesty International has issued a statement, requesting that Bahrain provide information about the whereabouts and status of over four hundred opposition activists who have been detained over the last few weeks.

Human rights lawyer, Mohammed al-Tajer, was arrested on Saturday, when military forces stormed into his home.  Tajer represented the leader of a Bahraini opposition group, Hassan Mushaimaa, who returned from exile in London in February and was subsequently arrested.  Some protestors claim that the government arrested Tajer to instill a sense of fear in lawyers.

In addition, opposition protestors claim that the government has tried to intimidate doctors, and have even detained a few doctors, to prevent them from providing medical treatment to protestors.

Bahrain claims that Iran is instigating the pro-democracy demonstrations.

Meanwhile, Iran has requested that the United Nations Security Council take action to protect the opposition protestors.

Earlier this week, Bahrain’s Ministry of Justice and Islamic Affairs also announced that it planned to dissolve the Al-Wefaq opposition party.  Wefaq is the largest of seven Shi’ite opposition group in Bahrain and controls eighteen of the forty seats in parliament.  The United States, among other nations, opposed the government’s plans to dissolve Wefaq, and on Friday, Bahrain abandoned its plan.  In March, Wefaq parliament members resigned from their positions in the legislature to protest the government’s handling of the protests.

For more information please see:
Reuters – Bahrain Arrests Prominent Lawyer, Doctors: Opposition – 16 April 2011

Radio Free Europe – Bahrain Backs Off On Closure of Opposition Group – 15 April 2011

Voice of America – Bahrain Backs Away from Opposition Party Ban – 15 April 2011

CNN – Daughter of Prominent Rights Activist in Bahrain on Hunger Strike – 12 April 2011