Human Rights Chief Condemns European Participation in U.S. Counter-Terrorism Efforts

September 3, 2011

By Alexandra Halsey-Storch
Impunity Watch Reporter, Europe

BRUSSELS, Belgium – On September 1, Thomas Hammarberg, the Swedish Diplomat and Commissioner for Human Rights at the Council of Europe, released a statement condemning European nations for aiding and committing countless crimes against humanity over the past ten years in collaboration with the United States and its War on Terror.

Thomas Hammarberg, Curtesy of World Peoples Blog — Thomas Hammarberg (Courtesy of World People's Blog).

He accused several EU nations, including Germany, Italy, Lithuania, Macedonia, Poland, Romania, Sweden, and Britain for permitting, protecting and participating in the United States’s Central Intelligence Agency’s (“CIA”) Rendition, Detention and Interrogation Program (“RDI”), which has deeply violated the systems of justice and human rights protection. There is “no doubt,” Hammarberg said, “that all 3 elements of this program have entailed systematic violations of human rights.”

For example, in June 2006, the Council of Europe released a report discussing the “unlawful inter-state transfers of detainees” by European nations bound by the European Convention on Human Rights and the European Convention for the Prevention of Torture. The report claimed that the United States had operated under the precept that combating terrorism was outside the scope of issues governed by international criminal laws and the Geneva Convention. Using new terminology and concepts like “enemy combatant” and “rendition,” the United States, with the help of European counterparts, was thereby able to generate a “spider’s web” of disappearances, secret detentions, and otherwise illegal inter-state transfers of detainees that run contrary to international principals of human rights.

The report determined that the spider’s web has included a “world-wide network of secret detentions on CIA ‘black cites’ and in military or naval installations.” Furthermore, some Council of Europe member States “knowingly colluded with the United States to carry out these unlawful operations” while some “tolerated them or simply turned a blind eye.” Regardless of the type of participation, “all involved nations have gone to great lengths to ensure that such operations remain secret and protected from effective national or international security.”

Being held at the “black cites,” kept the suspects “outside the reach of any justice system and rendered them vulnerable to ill-treatment,” said Hammarberg. The February 14, 2007 report issued by the International Committee of the Red Cross, details, in great depth, the treatment of “high value detainees” held by the CIA. Specifically, when initially captured, high value detainees were photographed with and without clothing, subjected to evasive body cavity checks (including rectal examinations), and thereafter shackled and blindfolded — in some instances so tightly that severe wounds resulted.

Hammarberg said that European governments were “deeply complicit” in U.S. counterterrorism strategies, including the pervasive torture techniques meant to coerce cooperation during interrogations. Often, detainees were not permitted to use the toilet and in some circumstances were forced to urinate or defecate into a diaper or on themselves. Interrogation methods included suffocation by water, prolonged stress standing (naked, with arms extended and chained above one’s head for two to three days at a time), beating and kicking, confinement in a box, which severely restricted movement, prolonged nudity, sleep deprivation, exposure to cold temperatures, and starvation.

As Hammarberg noted, it is evident that as we approach the ten-year anniversary of the devastating 9/11 attacks it is important to pay respect to those who lost their loved ones, but also crucial to reflect and analyze “whether the official responses to the attacks have been proper and effective.” In closing, he iterated that while “Europe has granted effective impunity to those who committed crimes in implementing the rendition policy” a “rethink is required to prevent this misjudged and failed counterterrorism approach from having a sad legacy of injustice.”

For more information, please see:

The Huffington Post – Rights Chief Slams EU for Cooperation in U.S. Renditions – 1 September 2011

International Committee of the Red Cross – ICRC Report on the Treatment of Fourteen “High Value Detainees” in CIA Custody – 14 February 2007

The Council of Europe – Alleged Secret detentions and un-lawful interstate transfers of detainees involving Council of Europe member states – 12 June 2006

Monk’s Self- Immolation Results in Murder Convictions and Crackdown on Fellow Monks

September 3, 2011

By: Jessica Ties
Impunity Watch Reporter, Asia

BEIJING, China – The self-immolation of a monk has led to three Tibetan monks being convicted as accessories to murder for allegedly helping a fellow monk burn himself to death in protest of government crackdown on Tibetan monks.

Three monks have been sentenced on murder charges for allegedly assisting in the self-immolation of a fellow monk (Photo Courtesy of Human Rights House).

Two monks, Tsering Tenzin and Tenchum, were sentenced to ten and thirteen years respectively for “plotting, instigating and assisting” in the self-immolation of the monk.

The third monk, Drongdru, was sentenced to eleven years for “intentional homicide” after a trial lasting only one day. According to authorities the sixteen year old monk, Rigzin Phuntsog, was kept in the Kirti monastery by Drongdru, his uncle, for eleven hours following his March 16 self-immolation.

There is disagreement between Chinese authorities and local Tibetans regarding the circumstances surrounding the monk’s death.

While Chinese authorities maintain that he died as a result of self-immolation combined with being hidden by monks to prevent authorities from taking him to the hospital, rights groups are reporting a different story.

Tibetan rights groups insist that police put out the flames and then began to beat the young monk before other monks. They say local villagers took him to the monastery to avoid the beating and then took him to the hospital a few hours later.

The U.S. State Department has expressed concern that the procedural rights of the three monks were not properly upheld. Other rights groups have expressed concern that the sentencing was a ploy to detract attention from the cause of the self-immolation and that sentences were handed down without evidence of the monks involvement.

Others however, found the sentences to be fair, expressing that “a monk who goes against dharma and against the law should be penalized.” The practice of self-immolation has been condemned by the Dalai Lama.

The death of Rigzin Phuntsog has caused renewed and heightened clashes between Chinese and Tibetans resulting in over 300 monks being taken from the monastery and the death of two villagers who were attempting to prevent the detention of the monks.

China repelled requests made by a U.N. human rights panel in June to provide information about the status of the 300 monks who had been taken from the monastery stating only that the monks were undergoing “legal education.”

“Legal education” refers to the Chinese government’s practice of systematically rounding up monks and forcing them to attend education sessions in which they are ordered to pledge their allegiance to China and denounce the Dalai Lama. This practice has largely fueled the conflict between China and Tibetans who feel that they are having their culture taken from them by the Chinese.

Although, the exact reason for the monk’s self-immolation is unknown, human rights groups have stated that the monk was protesting government policies in Tibet.

The relationship between Tibet and China has been severely strained since 1950 when the Chinese marched into Tibetan territory. Many Tibetans feel that their culture, freedom and worship are being suppressed by the Chinese government. Since fleeing Tibet after a failed uprising, the Dalai Lama has traversed the world advocating for increased Tibetan autonomy.

Some experts, such as Robert Barnett of Columbia University, fear that the stiff sentences given to the three monks at the monastery will aggravate tensions between China and Tibet because the sentences will “…be seen by the Tibetans as a manipulation of the law to intimidate people further.”

For more information, please see:

The Tibet Post –Int’l Rights Groups Condemn Unjust Sentencing of 3 Tibetan Monks – 1 September 2011

BBC – China Jails Two More Tibetan Monks Over Fire Death – 31 August 2011

The New York Time – China: Two Tibetan Monks Receive Lengthy Prison Terms – 31 August 2011

China Daily – Two Tibetan Monks Sentenced in Murder Case – 30 August 2011

Los Angeles Times –Tibetan Monks Get Stiff Prison Terms in Burning Death – 30 August 2011

BBC – Q&A: China and the Tibetans – 15 August 2011

New Libyan Government Reaffirms Vow of Democracy to World Leaders

September 2, 2011

By Zach Waksman
Impunity Watch Reporter, Middle East

PARIS, France – Yesterday, the leaders of Libya’s National Transitional Council (NTC) met in Paris with representatives of 63 countries to discuss the country’s transition to a democratic regime. The nations in attendance agreed to give the provisional government $15 billion worth of frozen assets so that the rebuilding process can begin. During the meeting, NTC chairman Mustafa Abdel-Jalil vowed that Libya would have a new constitution and elections for a permanent government within the next 18 months.

While former leader Colonel Muammar al-Gaddafi’s regime is all but dead, the man himself remains at large. The NTC has promised to continue its search for the recently deposed despot until he is found “dead or alive,” and would not consider the present conflict to be over until then. Despite this, Guma El-Gamaty, its representative in London, said that starting to undo the damage he wrought during his 42-year rule and the last six months of internal strife should not wait until that time comes.

“As long as Tripoli, the capital, is stabilized and secure and safe, which it almost is now, and the overwhelming majority of other cities and towns, then Libyans can get on with the process of transition and stabilization and the new political process,” El-Gamaty told the BBC.

Today, reconstruction minister Ahmad Jehani and rebuilding team member Aref Nayed, met with experts in post-conflict rebuilding from several groups, including the International Monetary Fund. Libya’s financial situation was further buoyed when the European Union lifted sanctions on 28 entities, including its oil companies and banks, which should ease the financial burden on its reconstruction needs. Five international oil companies have already arrived in order to help resume its operations.

“The issue of damage is not much and you can get procurement very fast,” Jehani reportedly said. “This is helped by the fact the producing wells are under contract to international firms, if they feel they can deploy their people.”

In the short term, the temporary government must restore supply lines for food, water, and medicine, while also ensuring continued security. Over the long term, the country expects to be capable of funding its own reconstruction because it is an oil-rich country with a small population.

Despite the positive vibes that emanated from the conference, which was held on the anniversary of Gaddafi’s ascension to power, the NTC remains in a tenuous position. Libya is a historically tribal nation. During the rebellion, these various tribes and ethnicities did not always fight as a single force, so unity is unclear. Because so many interests exist, the NTC will have to first gain their trust before they can continue with its ambitions plan to set up a government, which include having a draft constitution within eight months and full elections in 2013.

The road to prosperity may be long, but the NTC is optimistic. Though he said the world’s bet that the rebellion against Gaddafi would succeed paid off, Jalil did not consider the fight to be over yet.

“It’s up to you [the Libyan people] to accomplish what we promised: stability, peace and reconciliation,” he said. “We have to make sure that we fulfill our side of the deal. We must have security in Libya. Tolerance and forgiveness must be promoted. The state of law must be respected.”

More than 70 countries, including the United States and Russia, have recognized the NTC as Libya’s legitimate government.

For more information, please see:

BBC — Libya interim leaders vow tolerance and respect for law — 2 September 2011

Reuters — WRAPUP 3 – Libyans pledge democracy as they win Gaddafi billions — 2 September 2011

Tripoli Post — European Union Lifts Sanctions on Libya Imposed Under Al Qathafi — 2 September 2011

Tripoli Post — Libya’s New Leaders Reaffirm Commitment to Democracy, Good Governance — 2 September 2011

New York Times — Libya’s Supporters Gather in Paris to Help Ease New Government’s Transition — 1 September 2011

New York Times — Russia Recognizes Libya Rebels as World Leaders Meet — 1 September 2011

Extradition Refusal Shows “Impunity is Institutionalized” in El Salvador

September 2, 2011

By Brittney Hodnik
Impunity Watch Reporter, North America

SAN SALVADOR, El Salvador – El Salvador’s Supreme Court has refused to arrest nine men who voluntarily admitted to killing six Jesuit priests in 1989. The Court said that without a formal extradition request from Spain, the men would not be arrested, according to the Associated Press. Judge Eloy Velasco indicted 20 former soldiers to be tried in Spain under “universal jurisdiction,” reserved for those crimes that are so grave they can be tried anywhere.

Activists want the former soldiers extradited and brought to justice to end impunity in El Salvador. (Image Courtesy of BBC News)

El Salvador underwent a civil war from 1980-1992 between guerillas and U.S.-backed Salvadoran soldiers. On November 16, 1989, Salvadoran soldiers shot six priests, their housekeeper, and the housekeeper’s 15-year-old daughter. Over 70,000 deaths and 8,000 disappearances are a result of El Salvador’s civil war.

The right-wing sector and military in El Salvador considered the priests allies to the guerillas because of their criticism of human rights abuses throughout the country. However, 12,000 documents given to Judge Velasco show that the crime was premeditated, reported Latin America Press.

In May, Spain issued arrest warrants for the men through Interpol under the authority of universal jurisdiction. This principle allows crimes that are so egregious to be prosecuted in countries other than where the crime took place. In this case, Judge Velasco wants to prosecute the men in Madrid, Spain, rather than El Salvador. Five of the priests were Spanish, and one was Salvadoran.

According to Latin America Press, in 1991, four officials and five soldiers went on trial for the crime. Two of them were found guilty but were released shortly thereafter under the 1993 Amnesty Law. The Supreme Court has previously denied the re-opening of this case, stating that the statute of limitations has already passed.

Another man involved in the killings is former Salvadoran military officer, Inocente Orlando Montano who had been living in Massachusetts. As reported by The New York Times, Montano appeared in United States District Court in Boston on August 23 for immigration violations. Upon his arrest, Spain can now seek extradition to Madrid.

A handful of conservative sector personnel have applauded El Salvador’s Supreme Court for refusing the extradition and protecting these men. Many however, feel outraged and want to see these men brought to justice. Ima Guirola from the Women’s Studies Institute told Latin America Press, “The ruling shows that impunity is institutionalized in the country.” Furthermore, Ramon Villalta of the Social Initiative for Democracy told Latin America Press, “I believe that impunity has been a characteristic of El Salvador for years.”

The men who turned themselves in did so because they knew the Salvadoran government would protect them, according to Latin America Press. The fight will continue between El Salvador and Spain as to whether the men will be extradited or not.

For more information, please visit:

Latin America Press — Impunity Rules in Jesuits’ Murder Case — 1 Sept. 2011

BBC News — Spain Pushes El Salvador Jesuit Murders Case — 25 Aug. 2011

The Associated Press — Spain Seeks El Salvador Clarification on Suspects — 25 Aug. 2011

The New York Times — Salvadoran Tied to Killings Faces Immigration Charge — 23 Aug. 2011

Bolivian Ex-officials sentenced for their role in the Black October deaths

September 2, 2011

By Paula Buzzi
Impunity Watch Reporter, South America

LA PAZ, Bolivia – Bolivia’s Supreme court of Justice convicted five ex-military commanders of genocide on Tuesday for their role in the deaths of at least 64 unarmed civilians in an army crackdown during an October 2003 riot.

2003 riot sparked by a government plan to export natural gas through a proposed pipeline to Chile. (Photo courtesy of Aljazeera) — 2003 riot sparked by a government plan to export natural gas through a pipeline to Chile. (Photo courtesy of Aljazeera).

The October 2003 riot, also known as “Black October,” was sparked by public outrage after the Bolivian government announced its plans to export Bolivia’s natural gas through a pipeline into Chile. Protestors who were fueled by years of anger over poverty and political marginalization, took to the streets of El Alto with sticks and rocks to demonstrate their disapproval.

Authorized by former president Sanchez de Lozada, soldiers opened fire on the protestors, killing 64 and wounding approximately 405. Among those killed were women and children. Sanchez claimed the use of force was justified because the protestors had cut off food and fuel supply to La Paz.

On Tuesday, three of the five former military officials responsible for ordering the crackdown, were each given 10 years in prison. The other two higher ranked military officials, Roberto Claros, a former armed forces chief, and Juan Veliz, a former army commander, were each given 15-year sentences.

Also convicted of complicity in the killings were two former environment and labor Cabinet ministers, Erick Reyes Villa and Adalberto Kuajara, who were each given three year sentences.

Gonzalo Rocabado, one of the former military officials who received a 10-year sentence, stated that the trial was misguided because it was “a trial against the armed forces that followed the law.”

Family and friends of the victims of Black October cried out of mixed emotions at the verdict; some cried out of anger that the prison sentences were too short. Many had held a vigil outside the court house in Sucre for two months prior to the trial.

Indicted in the case but not tried because of Bolivia’s absentia law include Sanchez and Carlos Sanzhez Berzain, a former defense minister.

Both Sanchez and Berzain were forced into exile after the riot and currently reside in Florida. Bolivia has sought their extradition but strained relations between the U.S. and Bolivia may hinder this request.

For more information, please see:

Fox News – 5 Military Officers Convicted of Genocide in Bolivia; Two Ministers Guilty of Complicity – 31 August 2011

Aljazeera – Bolivia officers convicted over 2003 massacre – 31 August 2011

New York Times – Bolivia: 5 Officers Guilty of Genocide – 30 August 2011

Associated Press – Ex-military chiefs convicted for Bolivia crackdown – 30 August 2011