By Pearl Rimon
Impunity Watch Reporter, Europe

THE HAGUE, Netherlands – The U.N. war crimes trial of Ratko Mladic had its first witness take the stand this week. Mladic, 70, the former Bosnian Serb army chief is charged with 11 counts of war crimes and crimes against humanity, if convicted he could face the maximum sentence of life imprisonment.

Mladic is alleged to be the mastermind behind the Serb atrocities in the Bosnian war that took place between 1992-1995, that left 100,000 people dead. Mladic faces charges relating to the 1995 Srebrenicia massacre, where nearly 8,000 Muslim men and boys were killed. This is worst single atrocity committed in Europe since World War II.

Elvedin Pasic took the stand and broke into tears as he described fleeing his village in 1992 as it was under fire by Mladic’s troops. Pasic and his father were captured and put in a makeshift prison in a school with the other villagers, The women and children were separated and taken away.

“Your honors, after being there that night, there is no doubt in my mind they were all killed,” Pasic told the three-judge panel.

Mladic is believed to be the mastermind behind the plan to rid Bosnia of Croats and Muslims. He allegedly ordered troops to drive  them and other non-Serb residents from Bosnian towns. He is also alleged to have used 200 U.N. peacekeepers as human shields.

Mladic’s lawyers filed a motion on Monday to adjourn the war crimes case for six months. The motion demanded for more time due to the trial judges changing the rules governing documentary evidence that prosecutors can file. The trial was already halted in May due to irregularities by the prosecution in the transfer of documents to the defense.

The defense motion said the change “is unprecedented in the history of the tribunal and threatens to be a significant blight to the integrity of these proceedings. Urgent action by the Chamber is required to avoid a very (great) potential miscarriage of justice.”

The U.N. indicted 161 people for their involvement in the Bosnian war. The Bosnian war led to the deaths of 100,000 people and left another 2.2 homeless.

Mladic spent 16 years on the run before being found and indicted in May 2011. He has pleaded not guilty to the charges.

For further information, please see:

BBC News — Ratko Mladic Trial: Witness Recalls Bosnia Killings – 09 July 2012

Huffington Post– Ratko Mladic Trial: Elvedin Pasic, First Witness, To Testify At War Criminal’s Trial – 09 July 2012

Washington Post — First Witness Weeps As He Testifies in Mladic Trial About Being Separated From Father – 09 July 2012

By Connie Hong
Impunity Watch Reporter, Europe

ATHENS, Greece – The Greek government’s failure to acknowledge the widespread cases of police brutality in Greece has led to the routine use of excessive force, including the use of chemical sprays and stun grenades, on peaceful demonstrators, migrants, asylum-seekers, and members of other vulnerable groups.

A case study done by Amnesty International detailed the amount of mal-treatment, physical abuse, and even torture that protestors and migrants have suffered at the hands of police.  The report also listed the brutal methods that the police use during peaceful demonstrations, which includes using tear gas and other types of chemical weapons.

In one case, a protestor was hit by a police motorbike during a demonstration in central Athens.  She suffered serious head injuries, a fractured collarbone, and fractured ribs as a result of the collision.  A doctor, also a participant in the demonstration, was beaten by the police with batons when he tried to provide medical aid to the woman.

Such brutality continues to exist mainly due to the lack of investigation, prosecution, and punishment in these types of cases.

Greek authorities have minimized the issue of police brutality, claiming that while such cases do exist, they are rare and isolated.  As a result, authorities have refused to adequately address the issue.  Investigations, if launched, are often conducted with biases.  Authorities have even denied victims prompt medical care and access to lawyers.

Amnesty International stated that the government’s lack of response led to the creation of a “climate of impunity.”

The lack of identification is a common obstacle to prosecuting and punishing those that engage in police violence.  Demonstrators, especially those who have been severely beaten and gassed, often have a hard time in making out the identification number of the offending officers.  Even if the protestor can see clearly after enduring the gas and pain, the identification numbers are still difficult to find because they have been strategically placed, if at all, on the back of the officers’ helmets.

Being unable to provide any identification numbers makes reporting an abusive officer virtually impossible.  Other reasons why many cases go unreported are either lack of faith that reporting would bring any change, or, as in the case of illegal immigrants and asylum-seekers, fear of retribution.

Although Greek police have not issued a response to Amnesty International’s report, Greece’s new justice minister, Antonis Roupakiotis, called on prosecutors to address the issue of police brutality.

“Justice officials must investigate incidents of police violence rapidly and effectively without the long and dubious procedural delays that reinforce a sense of impunity,” Roupakiotis told a newspaper.

 

For further information, please see:

Greek Reporter — Greek Justice Minister Speaks Out Against Police Violence — 8 July 2012

Amnesty International — Greece: New government should address police violence — 3 July 2012

Jurist — AI: Greece police routinely use excessive force, violence — 3 July 2012

Washington Post — Human rights group Amnesty International criticizes violence by Greek police — 3 July 2012

 

By Pearl Rimon
Impunity Watch Reporter, Europe

GENEVA, Switzerland – The Human Rights Council of the United Nations’ approved a resolution to appoint a special rapporteur to focus on Belarus’ allegations of human rights violations.

The Human Rights Council’s vote was based on the human rights report released in April that documented human rights violations since the 2010 presidential elections. Belarus President, Alexander Lukashenko was the winner of the elections despite protests alleging voting fraud. Forty-three opposition leaders, activists and journalists were sentenced during the election protests, as well as five out of the nine opposition candidates.

The April report was compiled by the U.N. Office of the High Commissioner for Human Rights lists the following violations: political opponents beaten, sentenced to prison where they were further tortured and denied medical treatment.

Tensions between the European Union and Belarus have been on the rise. The EU added sanctions against Belarus by adding 21 names to a list of Belarussian officials who face assets freezes and are banned from traveling to EU countries due to alleged human rights violations. The EU has also announced the recalling of its ambassadors to Belarus due to the country asking the EU and Polish ambassadors to leave.

Twenty-two of the 47 member council approved the resolution. China, Russia, India, Ecuador and Cuba voted against it, the remaining 20 members abstained.

“The cross-regional support to the establishment of the special rapporteur clearly shows that the concerns over the deterioration of the human rights situation in Belarus go far beyond Belarus’ neighborhood,” a statement from the EU delegation said. “The council sends a clear political signal to Belarus’ authorities that continuous suppression of fundamental rights, harassment of the opposition, civil society and free media and disrespect for a fair trial and the use of torture are not acceptable,” it said.

In response to the U.N.’s actions, Belarus ambassador, Mikhail Khvostoy said, “Belarus will not recognize the mandate of the special investigator and will not cooperate with him.” If Belarus stays true to this, they would be going the same route as Iran and North Korea.

The U.N. previously appointed a rapporteur in 2004 but was discontinued in 2007 due to a request from the Belarussian government.

 

 

For further information, please see:

Expatica UN rights body votes to appoint Belarus investigator – 05 July 2012

Reuters Africa UN sets rights probe on Belarus, Russia against – 05 July 2012

Washington Post UN expresses ‘grave concern’ at human rights in Belarus, appoints special investigator – 05 July 2012

Press Release
Hermitage Capital

2 July 2012 – The Russian Interior Ministry reported this morning that the UK authorities had refused their mutual legal assistance request in the case of posthumous prosecution of late whistle-blowing lawyer Sergei Magnitsky and in-absentia prosecution of his client William Browder who is campaigning for targeted visa and financial sanctions on the Russian government officials involved in the false arrest, torture and in-custody murder of Magnitsky.

In spite of the refusal from the UK to cooperate in this high-profile matter, the Russian Interior  Ministry stated their intention to move the first-in-history posthumous case to trial, saying they see no “legal” obstacle to it.

The UK refusal to execute the Russia’s mutual legal assistance request was issued by the UK State Secretary on national security grounds.

The Russian Interior Ministry announced the UK refusal of mutual legal assistance to Russia on the official website this morning, saying:

“UK competent bodies replied to us: The UK can not provide the requested legal assistance, because the State Secretary considers that the execution of the request is likely to prejudice the sovereignty, security, public order or other essential interests of the UK.”

The refusal by the UK of Russia’s legal assistance request was issued under the 1959 European Convention on Mutual Legal Assistance in Criminal Matters (http://conventions.coe.int/Treaty/en/Treaties/html/030.htm), to which both the UK and Russia are parties, which provides for the refusal of requests if they are likely to prejudice security, public order and essential national interests.

The Russian Interior Ministry further said in their official announcement:

“Nevertheless, in accordance with Russian judicial norms, this fact [the refusal of mutual legal assistance] does not pose an obstacle for sending the case to court, because Russian investigators have followed juridical formalities in full.”

The posthumous prosecution of Sergei Magnitsky was launched on orders from Viktor Grin, Russia’s Deputy General Prosecutor, on 30 July 2011, three days after the U.S. State Department announced visa bans on Russian officials associated with Magnitsky’s death, which include Viktor Grin himself. Prosecutor Grin is No 33 on the U.S. Helsinki Commission list of those involved in persecution of Magnitsky and corruption he had uncovered.

In spite of 30 complaints from the Magnitsky family and calls from Amnesty International and members of the Council of Europe and the European Union, Russian courts and government bodies have the posthumous prosecution of Sergei Magnitsky.

Conclusions from the Russian Human Rights Council of gross violations of human rights and breaches of the European Human Rights Convention in the Magnitsky case have been rejected by the Russian General Prosecutor’s Office. Russian Interior Ministry Officers involved in the false arrest, torture and death of Mr Magnitsky have been promoted and decorated with state honours.

 

For further information please contact:

Hermitage Capital
Phone:             +44 207 440 17 77
E-mail:             info@lawandorderinrussia.org
Website:          http://lawandorderinrussia.org
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