Bombing in South Sudan Forces Departure of Humanitarian Group; U.N. Seeks Investigation

Bombing in South Sudan Forces Departure of Humanitarian Group; U.N. Seeks Investigation

By Zach Waksman
Impunity Watch Reporter, Africa

JUBA, South Sudan – Explosions rocked the border between Sudan and South Sudan after the bombing of a civilian refugee encampment in Yida.  The South Sudanese army estimates that five people were killed and 26 were wounded as a result.  Following the attack, Oxfam, a British humanitarian organization, removed its staff from the area.

Refugees from Sudanese military forces wait in line for food from a distribution program in Juba. (Photo courtesy of Rueters)

“New bombing raids and a buildup of troops along the border of Sudan and South Sudan over the past few days threaten to escalate what is already a significant humanitarian crisis in the newest country in the world,” a statement said.

Oxfam, which had been providing clean water to the area, was concerned by the attack, calling for a ceasefire so that humanitarian organizations such as it can return to the area, from which over 50,000 people have fled since hostilities began.

“Thousands of refugees are still coming across the border from Blue Nile. They have fled attacks and walked for days to reach a place they thought would be safe – but instead they are now facing more violence. In desperate need of food, water and shelter, the refugees now receive virtually nothing when they arrive,” said Sanjay Awasthi, head of the organization’s mission there.

South Sudan has been in existence for about six months, pursuant to a peace treaty that ended a long-running civil war.  But since then, new violence has taken its place, creating fear that its northern neighbor might attempt to take back its lost territory.  The United Nations was quick to accuse Sudan of conducting the bombing.  The country has denied the attack’s taking place.

“This information is completely false. We didn’t bomb any camps or any areas inside the borders of South Sudan,” said Sudan Armed Forces spokesman Sawarmi Khaled Saad.

Despite the claim, the U.N. mission in South Sudan (UNMISS) reported that two bombs fell inside the camp.  Three more fell outside the camp.  Oxfam said that workers saw planes flying overhead.  Camp residents told the media that they identified the planes as a kind that the Sudanese forces used as a bomber.  The U.N. agreed, and had been seeking to relocate the refugees away from the border.  But according to Adrian Edwards, spokesman for the U.N. High Commissioner for Refugees, heavy rains had made the trip impossible.

In the meantime, the Human Rights Council seeks an investigation of the incident, as human rights violations may have taken place.  High Commissioner Navi Pillay considered the available information a clear sign that a bombing had taken place.

“There needs to be an independent, thorough and credible investigation to establish the precise circumstances of this aerial bombing,” she said. “If indeed it is established that an international crime or serious human rights violation has been committed, then those responsible should be brought to justice.”

The border between the two countries has been the site of fighting between rebel groups ever since South Sudan’s formation.  Sudan believes that an organization based in Darfur formed an alliance with rebel groups in the south in order to overthrow the northern country’s government.

For more information, please see:

Gurtong Focus — Oxfam Removes Staff from South Sudan Border after Violence — 14 November 2011

New York Times — Major Humanitarian Group Leaves a South Sudan Region — 13 November 2011

BBC — South Sudan Unity State Bombing: U.N. Calls for Inquiry — 11 November 2011

New York Times — U.N. Officials Accuse Sudan of a Bombing — 11 November 2011

Oxfam — Oxfam Relocates Staff after Surge in Violence Along Sudan-South Sudan Border — 11 November 2011

United Nations — U.N. Calls for Probe into Sudanese Bombing of Refugee Camp — 11 November 2011

New York Times — South Sudan Accuses Sudan of Bombing Civilian Camps Amid Fears of War — 10 November 2011

Thousands of Forced Sterilization Cases Reopened in Peru

by Emilee Gaebler
Impunity Watch Reporter, South America

LIMA, Peru – In a decision dated October 21, Peru’s Attorney General re-opened the investigation into thousands of forced sterilizations that occurred during the presidency of Alberto Fujimori.  Fujimori, who served as President of Peru from 1990 until 2000, utilized this sterilization program in an attempt to reduce poverty rates throughout the country.

Victoria Vigo a victim of Fujimori's forced sterlization program. (Photo Courtesy of Global Post)

Attorney General José Bardales was able to re-open the cases due to a recent announcement, by the Inter-American Commission on Human Rights that crimes against humanity had occurred in Peru’s sterilization program.  The cases related to the program were closed back in 2009 on grounds that they were not a serious violation of human rights and under the statute of limitations.  With this new classification as a crime against humanity, the program is now reachable as it cannot be proscribed.

About 2,000 women have provided testimony that they were forced to undergo sterilization surgeries, although it is estimated by human rights groups that overall, 300,000 women were forcibly sterilized.  Additionally, evidence shows that at least 18 deaths occurred as a result of these surgeries.  The women were mainly from rural areas and illiterate.  Those who were indigenous Quechua speakers were also targeted by the program.  Amnesty International states that the program clearly violated human rights law in denying women their reproductive rights but was also racially motivated because of the victims being predominately indigenous Andeans.

“Instead of providing women with other methods of family planning, like birth control pills, Fujimori promoted surgical and definitive methods. Health officials gave women no other options, no alternatives, they pressured and threatened them into having the operation,” said Francisco Soberon, head of Peru’s biggest human rights group APRODEH, in a phone interview with TrustLaw.

The case receiving the most attention is that of María Mestanza.  Mestanza was a 33 year old woman with 7 children who died in 1996 from complications after undergoing a sterilization procedure.  Her family originally brought the case to the Inter-American Commission on Human Rights due to testimony that Mestanza only went through the surgery after being threatened by officials.  “Mestanza was told that a law had been passed and that she and her husband were going to be fined or imprisoned because they had (more than) five kids already,” said Alejandra Cardenas of the Center for Reproductive Rights based in New York.

In 2001, the Peruvian government reached a settlement with Mestanza’s family that consisted of a $100,000 compensation payment as well as free education for her children.  However, at the time of the settlement the regional human rights commission urged the Peruvian government to prosecute those responsible.

The issue of consent was hotly contested when the cases were first brought.  Officials of the Fujimori government claimed that all surgeries were done voluntarily as evidenced by signed consent forms.  However, investigators paint a different version of the story with the women being harassed, threatened and outright lied to in order to get the forms signed.

The sterilization policy to reduce poverty was started in 1995 and announced by then President Fujimori as a free program.  The United States originally supported it with USAID donating $35 million.  Shortly after the announcement, monthly quotas were enacted and enforced, driving doctors to forcibly sterilize many.

Another victim, Victoria Vigo was sterilized during a cesarean surgery in 1996.  Her baby was born prematurely causing the doctors to operate during which time the surgeon severed her fallopian tubes.  The baby died during surgery, and afterwards, Vigo accidently overheard a conversation between two doctors that she had been sterilized.

“He [the surgeon] had even omitted it from my clinical notes. He knew what he was doing. I could have gone on trying for years and years to have another child without even knowing that I had been sterilized. I felt mutilated, completely violated. What kind of values does a person like that have?” said Vigo to Global Post.

In 2003 Vigo sued the doctor and won $3500 in compensatory damages.  At the trial the surgeon argued that he was simply following orders and that the program was official policy which he was bound to follow.

Alberto Fujimori listens to the guilty verdict in 2009 during his trial for using a death squad. (Photo Courtesy of Guanabee News)

Fujimori himself is currently serving a 25 year sentence for other human rights abuses committed during his presidency.  At the end of his leadership in 2000, rampant corruption was exposed and Fujimori fled to Japan from where he faxed his resignation as President.  Japan granted him citizenship, forcing Peru to spend years trying to extradite him.

In September of 2007, Fujimori was brought to Peru and tried for his crimes involving a death squad.  The 73 year-old was then diagnosed with cancer.  His family is urging the current President Ollanta Humala to release him early on medical grounds.

Humala, who won elections this past June, narrowly beating Fujimori’s daughter Keiko, has yet to respond to the request.  The sterilization program was arguably a huge reason why Fujimori’s daughter lost.  Throughout her campaign she remained vague about the program, responding with apologies to victims but insisting the sterilizations were done by individual “bad doctors” acting independently.

 

For more information, please see;

Trust Law – Investigation Reopens Wounds of Peru’s Forcibly Sterilized Women – 9 November 2011

Global Post – Peru: Forced Sterilization Cases Reopened – 8 November 2011

Latin America Press – Forced Sterilization Cases Reopened – 3 November 2011

Amnesty International – Peru to Reopen Investigation Into Forced Sterilization of Women – 31 October 2011

Gulf Times – Pardon Sought for Fujimori – 31 October 2011

Antara News – Fujimori Family Wants Pardon for Peru Ex-Leader – 30 October 2011

Associated Press – Peru Reopens Probe of Forced Sterilization – 28 October 2011

Latin American and Caribbean Womens Health Network – Peru: Forced Sterilization Cases Reopened – 28 October 2011

Jailed UAE Activists Plan Hunger Strike, Demand Release For Allegedly “Insulting” Government Officials

By Adom M. Cooper
Impunity Watch Reporter, Middle East

ABU DHABI, United Arab Emirates–Five activists who were jailed seven months ago for “publicly insulting” United Arab Emirates officials plan to begin a hunger on Sunday 13 November 2011. According to Human Rights Watch, the activists will let the strike continue until the authorities release them unconditionally and cease all judicial proceedings against them.

The wife of detained activist Nasser bin Ghaith discussing the hunger strike. (Photo Courtesy of Reuters)

The five activists, who were arrested earlier this year in April and whose trial opened on June 14, are: Ahmed Mansoor, an engineer and blogger; Nasser bin Ghaith, an economist, university lecturer at Sorbonne Abu Dhabi, and an advocate for political reform; and online activists Fahad Salim Dalk, Ahmed Abdul-Khaleq, and Hassan Ali al-Khamis.

The charges against the activists are under Article 176 of the Penal Code, which deems it a crime to publicly insult top officials. The charges stem from the usage of the banned online political forum known as UAE Hewar. According to Human Rights Watch, a review of the messages posted by these activists did no more than criticize government policy or political leaders. No evidence exists that shows the activists used or incited violence in the course of their political activities.

Article 176 permits a sentence of up to five years in prison for “whoever publicly insults the State President, its flag or national emblem.” Article 8 broadens the application of the provision to encompass the vice president, members of the Supreme Council of the Federation, and others.

On Friday 11 November 2011, the activists released a joint statement, declaring their intention to begin the hunger strike. Also, they detailed violations of their basic rights by judiciary, prosecution, and prison officials, including their prolonged detention on politically motivated charges and an unfair trial. According to Human Rights Watch, the five activists felt “compelled” to go on a hunger strike after suffering in prison for seven months and having “exhausted all possible means of redress.”

The statement also detailed how the activists have endured a “vicious, orchestrated smear campaign” through text messages, social media, and satellite channels since their detention. Their lawyers have made numerous criminal complaints to officials, including the attorney general, public prosecutors, and police officers. These complaints have been ignored. Government authorities have reportedly also failed to investigate threats, including death threats, against the activists.

“The pressure and mobilization of public opinion to ensure our conviction for a crime that we have not been proven to have committed-all of this has stifled public liberties in general, and particularly freedom of opinion and expression, in our dear country to which we pledge our exclusive allegiance.”

On Sunday 13 November 2011, Weded al-Muhairi, the wife of Nasser bin Gaith, shared these sentiments with Al-Jazeera.

“They began a hunger strike to get their voices through to UAE President Sheikh Khalifa bin Zayed Al Nahyan, and not to challenge the authorities. The decision came after all our efforts have been thwarted, after we have knocked on every door and exhausted all possible means of redress, after we have lost all hope of a fair trial and even civilized, humane treatment.”

Joe Stork, Deputy Middle East Director at Human Rights Watch, shared these words about the developing situation.

“Every month that these men remain locked up on absurd charges of insulting UAE rulers further undermines the government’s claim that this is an open and tolerant country. This trial is all about zero tolerance for political dissent and has nothing to do with justice or security.”

Under UAE’s Constitution as well as international human rights law, the prosecution of the five activists violates guarantees of free speech. The Federal Supreme Court is trying the case and has stated that it will issue a verdict on 27 November 2011.

The court has not allow the defendants to review the evidence, not allowed them to review the charges against them, and not allowed the defense lawyers to cross-examine one prosecution witness and did not provide sufficient time to cross-examine others. Without any sort of explanation, the authorities closed the first four hearings to the public, journalists, international observers, and the families of the accused activists.

According to Human Rights Watch, on several occasions, the court has denied or even failed to rule on motions to release the defendants on bail, even though none of them are charged with a violent offense. The authorities have not suggested once that the activists are potential flight risks.

Article 32 of The Arab Charter on Human Rights guarantees the right to freedom of opinion and expression, and to impart news to others by any means. The United Arab Emirates has ratified this charter, submitting itself to the rights listed therein. The only restrictions the charter allows on the practice of this right are those imposed for “respect for the rights of others, their reputation, or the protection of national security, public order, public health, or public morals.”

With the progress of the Federal Supreme Court thus far, one can only hope that its expected verdict on 27 November 2011 recognizes that the five activists have done nothing listed under Article 32’s exceptions, as reflected by the current evidence available.

 

For more information, please see: 

Al-Jazeera – Jailed UAE Activists Begin Hunger Strike – 13 November 2011

Human Rights Watch – UAE: Activists Planning Hunger Strike – 11 November 2011

Financial Times – UAE Democracy Activists Plan Hunger Strike – 11 November 2011

Press TV – UAE Prisoners To Go On Hunger Strike – 11 November 2011

Amnesty International – UAE: Trial Observer Finds Flagrant Flaws in ‘UAE 5’ – 2 November 2011

 

Syria Calls for Arab League Meeting to Discuss Political Solution to Unrest

By Tyler Yates
Impunity Watch Reporter, Middle East

DAMASCUS, Syria — Syria is calling for an emergency meeting of the Arab League’s heads of state to discuss the continuing unrest throughout the country.  The request comes a day after the regional organization threatened to suspend its membership if Syria did not stop its deadly crackdown on anti-government protests.

Syrian protesters continue to rally despite the harsh government crackdown (Photo courtesy of the United Nations News Centre).

The Arab League gave Syria three days to end its crackdown or face sanctions.  The action, which is the Arab League’s strongest against Syria since the violence began in mid-March, does not amount to a full suspension of Syria’s membership from the organization.

Human Rights Watch (HRW) recently classified the systematic nature of abuses by Syrian government forces as an indication of crimes against humanity.  It urged the United Nations Security Council to impose an arms embargo and sanctions, as well as referring Syria to the International Criminal Court.

The report released by HRW focused on abuses in the Syrian city of Homs and its surrounding areas. Homs has become the focal point for insurgencies against Syrian President Bashar al-Assad, and in the period between mid-April to August security forces killed approximately 587 civilians.  Since 2 November at least another 104 people have been killed.

“Homs is a microcosm of the Syrian government’s brutality,” said Sarah Leah Whitson, the Middle East director at HRW.

Security forces have conducted large-scale military operations in the area surrounding Homs.  These operations involve the usage of heavy machine guns and anti-aircraft guns to fire into neighborhoods with the intention of frightening people.  The security forces have also cut off communications, and restricted the movements of people, food, and medicine by establishing checkpoints.

Throughout Syria, people have been subjected to arbitrary arrests, enforced disappearances, and systematic torture in detention.  Most are released after several weeks in detention, but many are still missing.  The detainees are mainly composed of young men in their 20s and 30s, but witnesses report that people in their 60s and 70s have also been detained.

Allegations of torture of detainees are rampant throughout Syria.  Former detainees report the use of heated metal rods to burn various parts of their body, the use of electric shocks, the use of stress positions for hours or even days, and the use of improvised devices such as car tires to force detainees into positions that make it easier to torture specific sensitive body parts.

There are a large number of reported deaths occurring in custody.  HRW was able to confirm around 17 such deaths independently, and in many of the cases it reviewed video or photos of the bodies that revealed signs of torture.

The Syrian government has repeatedly argued that armed terrorist gangs funded from outside countries are carrying out the violence.

The United Nations human rights office reports that the death toll in Syria has surpassed 3,500.

For more information, please see:

Al Jazeera — Syria calls for Arab League meeting — 14 Nov. 2011

CNN — Report says Syrian crackdown amounts to crimes against humanity — 11 Nov. 2011

Human Rights Watch — Syria: Crimes Against Humanity in Homs — 11 Nov. 2011

United Nations — Death toll passes 3,500 as Syrian crackdown continues, says UN human rights office — 08 Nov. 2011

Wilson Ramos’ Abduction Highlights a Pressing Problem in Venezuela

By Paula Buzzi
Impunity Watch Reporter, South America

VALENCIA, Venezuela — Five alleged abductors, including a Colombian linked to paramilitary and kidnapping groups, were arrested on Friday in connection to the kidnapping of Washington Nationals’ catcher Wilson Ramos. Ramos, 24, was abducted at gunpoint outside his home on Wednesday night and held for ransom by his abductors until police managed to save him in a violent rescue mission on Friday.

Wilson Ramos abducted in Venezuela. (Photo Courtesy of AP).

Ramos, a Venezuela native, had returned to his homeland to play during the offseason in a Venezuelan league. He was with relatives outside his house, located in a working-class neighborhood in Valencia, when he was thrown into an SUV by the abductors and taken into the mountains. For two days, he was put in a room with a bed and was told that he was going to be ransomed out for “a ton of cash.”

Venezuelan police were able to track down and rescue Ramos on Friday after locating the stolen SUV which was used for the kidnapping. They exchanged heavy gun fire with the kidnappers outside the home where he was being held. President Huge Chavez authorized the aerial search mission.

Ramos, who was unharmed, has been reunited with his family. His mother, Maria Campos de Ramos, thanked God, her country, her neighbors, and her family for all the support on national television.

According to Justice Minister Tareck El Aissami, authorities have arrested five of the captors. They are still searching for four Colombian men who escaped during the rescue.

Ramos’ kidnapping is the first known kidnapping of a Major League Baseball player in Venezuela. His kidnapping ordeal ended happily for him and his family with a successful rescue, but it is not a common ending for many of Venezuela’s hostages who typically die when a large ransom is not paid.

Kidnappings in Venezuela have soared in the recent years and have become a huge problem for the Chavez administration. Government statistics reveal that 859 kidnappings were reported last year; a number 20 times higher since Chavez first came to power 13 years ago.

One of Ramos’ representatives announced on twitter today that, despite the kidnapping ordeal, Ramos still intents to play for the Venezuelan Winter League on Wednesday, November 16.

 

For further information, please see:

NPR – In Venezuela, An Abduction Highlights A Scourge – 13 November 2011

The Boston Globe – Ramos Thankful After Kidnapping Ordeal – 13 November 2011

Yahoo Sports – Kidnapping Ordeal Over, Wilson Ramos Intends to Play in Venezuela – 13 November 2011

Fox News – Venezuelan Police Free Major Leaguer Wilson Ramos – 11 November 2011