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New transitional justice system to prosecute war crimes in Colombia
By: Emily Green
Impunity Watch Reporter, South America
BOGOTA, Colombia — Colombia’s new transitional justice system will bring justice to the country after 52 years of armed conflict with the revolutionary armed forces, FARC. It will establish three courts, a truth commission, and special units to search for ties between state officials and illegal armed groups.
The purpose of this system is to bring what is called “restorative justice.” This method “seeks to empower victims of the conflict by facilitating testimonies and reparations from perpetrators, rather than doling out traditional punishments such as jail time.” It is designed to provide alternative and usually shorter sentences for war criminals by allowing them to turn themselves in, plead guilty, explain in detail their crimes, and work to make reparations to their victims. The goal is to get a full account of the atrocities from the five-decade-long armed conflict and provide closure to victims.
The crux of this initiative is the Special Jurisdiction for Peace, also known as the JEP. This will establish courts whose sole purpose is to investigate and try those who committed human rights violations during the conflict. It will be up to the judges in this tribunal to decide what cases they will and will not hear.
The draw for guilty parties to come forward is the alternative and lenient sentencing of the court. A person who admits a serious crime can receive a sentence of up to eight years in prison. This is far less than what would normally be imposed in a criminal court. With full cooperation, alternative sanctions can be granted as well. These sanctions may include confinement to a community with mandated community service or reparations to the victim in whatever way is asked.
The system aims to ensure that women and minorities are fully represented as magistrates, commissioners, and victims in the tribunal. This is crucial because of the disproportionate effect the conflict had on women. The tremendous amounts of sexual violence used as a weapon affected 800,000 sexual assault victims between 2010 and 2015.
JEP plans to prosecute only those who were directly involved in the political conflict. FARC provided the government with information listing its active members to serve as a basis. Members already arrested by the government prior to December 2016 will be eligible for the court as well.
One of the most prominent atrocities JEP will address is known as the “false positives” scandal. During the war, the defense minister began a policy of “cash-for-kills.” It awarded $1,500 to Colombian Army personnel who could prove they had made a “positive combat kill.” This policy led to the slaughter of some of Colombia’s most vulnerable citizens such as the mentally ill. They would be killed, photographed, and falsely presented as enemy combatants for the reward. One study determined that “the false positives scandal led to more than 5,763 extra-judicial executions between 2000 and 2010.”
Elections for JEP’s members occurred on September 26 and signify a positive step forward for this new justice system. The Selection Committee, made up of jurists and professionals from the United Nations and other entities, chose these members.
There is no doubt that this will be an uphill battle. There will be considerable budgetary and administrative problems to overcome, but this might be the only way for Colombia to move on from its violent past.
For further information, please see:
Colombiano – Today the names of the magistrates of the JEP are known – 26 September 2017
Afghan Refugee Children Die in Syria while Fighting for Iran
Matthew Sneed
Impunity Watch Reporter, The Middle East
TEHRAN, Iran – According to the Human Rights Watch, Iran has recruited children as young as 14 to fight in Syria. Iran’s Islamic Revolutionary Guard Corps (IRGC), has been recruiting the teenagers to the Fatemyioun division. This division is made up of exclusively Afghan troops who fight with the government in Syria.
According to international law, military recruits must be at least 18 years olf and recruiting children under the age of 15 to participate in battle is a war crime. Researchers for Human Rights Watch looked at the photographs of tombstones in Iranian cemeteries and they identified eight children who reportedly fought and died in Syria. Five of those eight children are believed to have died at the age of fourteen. In addition, the phrase “defenders of the shrine” was written on seven of the eight tombstones. This is the saying the Iranian government uses for the fighters it sends to war.
It is believed that some children and volunteers lie about their age in order to enlist. Some believe it will prevent them being deported back to Afghanistan. Tara Sepehri Far, a Human Rights Watch Researcher, said “[w]e spoke to one person who fought as part of the Fatemiyoun Division and he said that he was able to receive a residency permit upon return.” She further stated that she does not believe that the children are intentionally recruited and, “[i]t’s more of a sloppiness that the authorities and recruiters don’t care enough to ask for proof of age.”
“Ali” a 29-year-old soldier in the Fatemyioun division, has said he has spoken with children who were 16 and 17 years old while they were training to go to Syria. He also discussed the lack of verification protocols before enlisting troops, “They never asked me to show any documentation, but they wanted to make sure we were Afghan nationals,” Ali told Human Rights Watch. “We had to be above the age 18 to be recruited, but they only asked for our age, not any documentation.”
Sarah Leah Witson, the Middle East director at Human Rights Watch called for Iran to end the practice of recruiting children. “Rather than preying on vulnerable immigrant and refugee children, the Iranian authorities should protect all children and hold those responsible for recruiting Afghan children to account.”
The civil war in Syria has now lasted six-and-a-half years, with both sides facing accusations of numerous human rights violations.
For more information please see:
Human Rights Watch – Iran: Afghan Children Recruited to Fight in Syria – 1, Oct. 2017
The New York Times – Afghan Teenagers Recruited in Iran to Fight in Syria, Group Says – 1, Oct. 2017
Austria Criminalizes the Wearing of Burqas in Public
By Jenilyn Brhel
Impunity Watch Reporter, Europe
VIENNA, Austria – On Sunday, October 1st, Austria implemented a law prohibiting Muslim women from wearing Burqas in public.
The “Prohibition for the Covering of the Face” law, commonly known as the “Burqa Ban,” was approved in May of 2017 and implemented on October 1st. It prohibits women from wearing burqas and niqabs in public.
The decision to prohibit burqas comes at a time when anti-Muslim bigotry is at an all-time high, both in Europe and the United States. The law has thus far garnered strong support in the predominantly Catholic country, reflecting anti-Muslim attitudes.
Similar sentiments have become increasingly prevalent in other European countries. In the midst of elections in Germany in September, the anti-migrant Alternative for Germany party campaigned with posters featuring the slogan “Burqas? We prefer Bikinis.”
The upcoming national election in Austria is looking favorably to those who are campaigning on an anti-migrant message.
Five out of seven of those polled that support the law also said they will vote for the two parties that are linked to anti-Muslim rhetoric, the Freedom Party and the People’s Party.
Muslim women leaders are condemning the law, viewing the claim that it is intended to help women as insincere.
Carla Amina Baghajati, spokeswoman for the Austrian Islamic Religious Authority, criticized the law. “They believe that they are ‘freeing these women’ and that they’re taking action to secure the identity of Austria, but this is hypocritical as the idea of an open society is that everybody has the liberty to act and dress as they please as long as nobody else is harmed,” she said.
Activists and experts say that the ban violates religious rights and will only perpetuate the problem of Islamophobia.
Farid Hafez, a senior research fellow at Georgetown University’s Bridge Initiative, said that “Islamophobia is a problem in Austria as it is a problem and a challenge to democracy, human rights and religious freedom in many European countries today.”
Sebastian Kurz, Foreign Minister of Austria, said that the burqa “is not a religious symbol but a symbol for a counter-society.”
Those who defy the law and continue to cover their faces can be fined up to $175. Police are authorized to use force for anyone resisting the law.
Laws such as these are already in effect in France and Belgium. The Alternative for Germany is also calling for such measures.
The ban affects approximately 150 women.
For more information, please see:
The Guardian – Austria’s Full-Face Veil Ban is a Kneejerk Reaction to the Rise of the Far Right – 1 February 2017
USA Today – Austria Becomes Latest European Country to Ban Burqas – But Adds Clown Face Paint, Too – 27 September 2017
PBS – ‘Burqa Ban” Law Signals Rightward Political Turn in Austria – 30 September 2017
Aljazeera – Austria Face Veil Ban ‘Criminalizes’ Muslim Women – 1 October 2017
BBC – Austrian Ban on Full-Face Veil in Public Places Comes Into Force – 1 October 2017
New York Times – Austria’s ‘Burqa Ban’ Law Comes Into Force – 1 October 2017
Washington Post – ‘Burqa Ban’ Law Signals Rightward Political Turn in Austria – 1 October 2017
Syria Justice and Accountability Centre: Team Syria’s Success Highlights Deep Fractures in Society
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