The National: Syria war crimes prosecutor vows justice for atrocities

Syria war crimes prosecutor vows justice for atrocities

Secretary-General Antonio Guterres appointed a French judge after UN General Assembly took rare action

French Catherine Marchi-Uhel, newly appointed head of the International, Impartial and Independent Mechanism, IIIM, on Syria crimes, talks to the media during a press conference at the European headquarters of the United Nations in Geneva, Switzerland
French Catherine Marchi-Uhel, newly appointed head of the International, Impartial and Independent Mechanism, IIIM, on Syria crimes, talks to the media during a press conference at the European headquarters of the United Nations in Geneva, Switzerland

War crimes prosecutors have set to work to establish cases against those accused of some of Syria’s worst atrocities, Catherine Marchi-Uhel, the judge who will run the unit, has revealed.

The International, Impartial and Independent Mechanism was created on the orders of the United Nation General Assembly. Mrs Marchi-Uhel, who was appointed to head the body last July by UN Secretary-General Antonio Guterres, has served as an international judge in Kosovo, Cambodia and at the war crimes court for the former Yugoslavia.

“It is tasked with collecting, consolidating, preserving and analysing information and evidence,” she said of the body. “On the other hand, with preparing files in order to facilitate and expedite fair and independent criminal proceedings, in accordance with international law standards, in national, regional or international courts or tribunals.”

Speaking in Geneva, she said the creation of the mechanism would promote prosecutions of the  most serious violations in Syria. Its mandate was to  “avoid perpetrators enjoying  impunity”.

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Read more:

Veteran prosecutor Carla Del Ponte quits Syria inquiry panel

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The team of some 50 people includes lawyers, analysts and computer specialists, some of whom will have to be Arabic speakers to study and analyse all the information collected about the crimes committed in Syria.

“We are talking about crimes against humanity, war crimes, attacks on schools or hospitals, summary executions, violence against women or children,” she said.

She said experience shows that when a prosecutor or an examining magistrate begins to gather evidence in a file, there is an “effect” on the situation.

Mrs Marchi-Uhel promised to work closely with the UN Commission of Inquiry on Syria. It publishes a report on its findings every six months and has concluded that all the warring parties have used torture, arbitrary executions or other atrocities.

The UN General Assembly in December set up the international panel to help collect evidence to be used in future cases of war crimes prosecution in a vote of all members in December.

The deaths of more than 320,000 people in Syria have been examined by the UN Commission of Inquiry that has documented cases of torture, summary killings and other atrocities by all sides in the conflict.

The French national previously worked as the ombudsman for a Security Council committee that deals with the Islamic State group and Al-Qaeda.

The Swiss judge Carla Del Ponte quit the commission in July, decrying the lack of political backing for its work. “We are powerless, there is no justice for Syria,” she said.

“Everyone in Syria is on the bad side. The Assad government has perpetrated horrible crimes against humanity and used chemical weapons. And the opposition is now made up of extremists and terrorists.”

Violence Erupts in India after Guru is Sentenced to 20 years for Rape

By: Brian Kim
Impunity Watch Reporter, Asia

NEW DELHI, India – On Friday, August 18th, India’s spiritual guru was sentenced to 20 years in prison. India’s Central Bureau of Investigation announced that Gurmeet Ram Rahim Singh was convicted of raping two of his followers. Two women accused Singh of rape at the headquarter of his sect. In India, the minimum sentence for rape is seven years.
Singh’s followers are protesting their leader’s 20 year prison sentence in northern India. Photo courtesy of CNN.

Singh, leader of the Dera Sacha Sauda sect, has an immense following in Haryana and Punjab states. He is an influential figure in the country as thousands consider him as a cult icon. Also known as “the guru of bling,” he is the star of five films and many popular music videos. He currently has 3.75 million Twitter followers and claims to have 60 million worldwide followers. On his website, Singh’s work is described as a “social humanitarianism and selfless services to others.”

On the day of his sentencing, thousands of troops were deployed to control Singh’s supporters. Since the conviction, 30 people were killed and 200 were injured when clashes occurred across northern India. Many followers came out to the streets and smashed cars, torched buses and attacked police officers. An army officer stated that the troops were deployed because “the police couldn’t control the situation.”

His followers mostly sit at the bottom of the social hierarchy in India. They have relied on Singh and his sect for basic needs, such as food, medicine, and a sense of equality.

Indian Prime Minister Narendra Modi reminded the Indian people on his monthly address that India was the home of “Gandhi and Lord Buddha.” He went on to condemn the violence.

Singh is also facing murder charges in connection with the death of a reporter.

NYT – Violent Protests in India Turn Deadly After Guru’s Rape Conviction – 25 August, 2017

The Guardian – Indian states in lockdown for guru’s rape sentencing after deadly protests – 27 August, 2017

CNN – Indian guru Gurmeet Ram Rahim Singh sentenced to 20 years for rape – 28 August, 2017

NPR – After ‘Guru Of Bling’ Sentencing, Indian State Stays On Alert For Violence – 28 August, 2017

Chile Faces Final Obstacle in Reforming Draconian Abortion Law From the Pinochet Era

By: Max Cohen
Impunity Watch Reporter, South America

SANTIAGO, Chile – In the early days of August 2017, and after two years of debate, lawmakers in Chile overwhelmingly approved a dramatic change in the country’s abortion laws allowing women to terminate a pregnancy under certain conditions. Before becoming law however, the Constitutional Tribunal must approve of the law.

A woman participates in a pro-abortion march in Santiago, Chile. Photo courtesy of AP.

Currently, Chile has an absolute ban on abortion in all circumstances. Abortions were originally allowed for medical reasons in Chile since 1931, but in 1989 during the last years of the Pinochet dictatorship the ban was implemented and has remained law ever since. Anyone who participates in an abortion could serve up to 15 years in prison, although in recent years courts have tended to order therapy rather than incarceration for the women involved. Between 2010 and 2014 there were nearly 500 people charged and 73 convictions for abortion related offenses, 12 of which are men currently serving prison sentences.

The new law would only allow for abortion in certain circumstances such as if the pregnancy endangers the life of the mother, or if the fetus is not viable, or if the pregnancy resulted from rape. If a pregnancy may endanger a woman’s life however, abortion would not be allowed. It’s only when the woman’s health is in danger that the law would allow her to get an abortion, and even then, only after requiring the opinion of two doctors.

According to a survey poll taken last month about 70% of Chileans support the change in the country’s abortion laws. Approximately 60,000 – 70,000 illegal abortions are performed each year in Chile. Despite this, the new law has its share of opposition which forced it to be referred to the Constitutional Tribunal.

However, whether the law will be approved by the Constitutional Tribunal is uncertain. Even though proponents seek to argue that it is a human right to be able to have an abortion, opponents point to a clause in Chile’s constitution which protects the life of the unborn. However if the ban is approved it will end Chile’s status as the only South American country with an outright ban on abortion.

For more information, please see:

New York Times – Thrust Into Chile’s Abortion Fight, Women Who Urged Change May See It – 17 Aug, 2017

The Guardian – Endgame nears in Chile president’s fight to temper draconian abortion ban – 16 Aug, 2017

CNN – Chilean lawmakers vote to ease abortion ban – 3 Aug, 2017

New York Times – Chile’s Congress Approves Abortion In Limited Cases – 3 Aug, 2017

Hong Kong Jails Three Young Activists

By: Brian Kim
Impunity Watch Reporter, Asia 

HONG KONG – On August 17, 2017, three Hong Kong activists were sentenced to prison. Joshua Wong, Nathan Law, and Alex Chow led a pro-democracy protest in 2014. The three were among a group of students who occupied Hong Kong’s legislative headquarters in 2014. The forcible removal of these students from the premise angered the public.

Joshua Wong, a pro-democracy activist, led a demonstration in 2014. Photo courtesy of NYT.

After the incident, the activists were convicted of unlawful assembly.

They were originally sentenced to community service and a suspended jail term, but in a rare move by the Hong Kong government, an appeal was filed to reconsider their “lenient” sentences.

A Hong Kong court recently sentenced Joshua Wong to six months in prison, Law was sentenced to eight months, and Chow was sentenced to seven months. In Hong Kong, one is ineligible to run for local elections for the following five years if they were sentenced to more than three months in jail.

After the ruling, Amnesty International referred to the appeal for jail terms as a “vindictive attack” on freedom of expression. Many other organizations have condemned the authorities.

However, the government stated that “there is absolutely no basis to imply any political motive.” The authorities went further by stating that freedom of speech is guaranteed in Hong Kong.

Hong Kong, a former British colony, returned to Chinese rule under a “one country, two systems” principle. Although this governing principle assured a degree of autonomy, the public has been skeptical as the Chinese government has been asserting their power.

For example, the Chinese government removed seven dissident lawmakers from Hong Kong’s citywide elections last year. Nathan Law, who was the youngest-ever legislator, was removed last month.

For more information, please see: 

CNN – Joshua Wong and two other Umbrella Movement leaders jailed in Hong Kong – 17 August, 2017

NYT – Joshua Wong and 2 Others Jailed in Hong Kong Over Pro-Democracy Protest – 17 August, 2017

BBC – Hong Kong activist Joshua Wong jailed for six months – 17 August, 2017

Argentine Man Disappears After Detention by the Government and Citizens Demand Information

By: Max Cohen
Impunity Watch Reporter, South America

BUENOS AIRES, Argentina – The government of Argentina is currently being accused of “disappearing” a human rights activist named Santiago Maldonado on August 1st. On Friday August 11th, thousands of people marched through the capital demanding information regarding the whereabouts of Maldonado. The disappearance of Maldonado after being detained by Argentine border police, aka the National Gendarmerie, brings back painful memories for many of the dictatorship that ruled the country from 1976 to 1983 and “disappeared” around 30,000 people.

Protestors march through Buenos Aires with Santiago Maldonado’s picture and the message “Appear alive now” as they demand answers regarding his disappearance. Photo courtesy of the Associated Press.

Santiago Maldonado was taking part in a protest supporting the land claims of the indigenous Mapuche Indians when he was allegedly grabbed and detained by border police for blocking a road along with other protestors. The Mapuche Indians were being evicted from lands in Patagonia owned by the Italian clothing company Benetton, and used to produce wool, but which they’ve claimed as being their ancestral lands and have occupied since 2015. According to the human rights group Center for Legal and Social Studies, on the day Maldonado appeared about 100 government agents entered the indigenous community shooting rubber and lead bullets. Maldonado and the other protestors were also demanding the release of Facundo Jones Huala, a Mapuche leader currently imprisoned for illegal possession of firearms and wanted in Chile on charges of terrorism. However, Argentine activist Adolfo Perez Esquivel, who won the Nobel Peace Prize in 1980 for his defense of human rights during the dictatorship, has accused the current government of repressing indigenous peoples.

Since Maldonado went missing Argentine authorities have denied any wrongdoing and even offered a $27,000 reward for information on his location. Security Minister Patricia Bullrich has also said that there’s no indication the border police captured Maldonado, or that he was even at the protests.

However, his family as well as other witnesses claim that he was there and was detained. In addition to the thousands of civilians who marched through Buenos Aires, the UN Committee on Enforced Disappearances has expressed concern for Maldonado’s health and demanded action from the Argentine government. On Monday August 7th, a protest demanding Maldonado’s safe return had turned violent when protestors hurled Molotov cocktails at police, attacked a journalist and smashed the window of a television van. There are presently no indications that the August 11th protest was similarly violent.

For more information, please see:

Reuters (UK) – Thousands of Argentines march to demand answers on missing protestor – 11 Aug, 2017

The Guardian – Argentina activist missing after indigenous people evicted from Benetton land – 8 Aug, 2017

Washington Post – Argentina rights groups demand info on missing activist – 8 Aug, 2017