Europe

Proposed Russian Bill to Increase FSB Authority

By Kenneth F. Hunt
Impunity Watch Reporter, Europe

MOSCOW, Russia – A bill submitted to Russia’s Parliament would increase the power of the the Foreign Security Service (FSB) to clamp down on dissident media outlets, journalists, protesters, and extremist groups.

The bill was submitted to the Russian Duma on April 24 by the ruling Russian government.  The Duma is the lower house of Russia’s Parliament.

The legislation would allow the FSB to take preventive measures, including detention of some form, against any person or group that the Kremlin suspects of engaging in extremist activity.  Moreover, the bill would allow the FSB to punish any individual that does not comply with any “legitimate demands” of the FSB.  The bill would also allow the FSB to summon and issue legally binding warnings against both journalists and protesters.

Outrage over the proposed bill has come from both rights groups and Russian opposition parties.

For opposition parities, the bill appears to be a power grab by the Medvedev administration.  The bill grants powers to the FSB eerily similar to the notorious Soviet-era KGB.  Rights groups are also concerned that the bill will be used primarily to harass political rivals and citizens, especially those that are critical of President Medvedev and Prime Minister Putin.

The leader of the Yabloko Party, Sergei Mitrokhin, says the bill is designed to intimidate and prevent protest against the government.  Mr. Mitrokhin the says bill “will mostly affect political activists and opponents of current authority” and the FSB is attempting to “psychologically pressure a large circle of [opponents]”.

The Kremlin and FSB defend the bill, saying it is a necessary change in policy after the devastating March 29 subway bombings in Moscow. Moreover, the government cites a dramatic rise in extremist activities over the past several years to rationalize increasing FSB power.

The sponsors of the bills appended a public statement, which accused certain journalists and extremists groups of “propagat[ing] the cult of individualism, violence and mistrust in the government’s capacity to protect its citizens, virtually drawing the youth to extremism.”

The most controversial part of the bill is probably the breadth of the term “extremism”.  A legislator from the A Just Russia Duma faction, Ilya Ponomarev, expressed concern regarding the Kremlin and FSB’s consistent practice of “label[ling] normal social activist as extremists.”

Moreover, any individual who disobeys FSB orders or otherwise hinders their work under the legislation could be subjected to civil and criminal fines or other penalties.  This provision would likely be used against anti-establishment news outlets.

For more information, please see:

ASSOCIATED PRESS – Russia considers new powers for KGB’s successor – 27 April 2010

MOSCOW TIMES – Proposed Bill Could Increase FSB’s Power – 27 April 2010

RADIO FREE EUROPE – New Russian Legislation Would Increase FSB’s Authority – 27 April 2010

RIA NOVOSTI – New bill may give Russia’s FSB power to persecute dissidents – 26 April 2010

French Police Fine Muslim Driver For Wearing Niqab

By David Sophrin
Impunity Watch Reporter, Europe

NANTES, France – A French citizen was fined earlier this month for operating a automobile in the city of Nantes on the grounds that the niqab she was wearing impaired her vision.

The women, whose identity has not been disclosed, was fined 22 euros for wearing a niqab while driving.  A niqab is a veil that leaves only the area around the eyes uncovered.  Following the incident, the woman stated that the fine was not warranted.  “My eyes were not covered [by the niqab].  I can see just like you, and my field of vision was not obstructed.”

The police, however, concluded that the fine was appropriate since it was determined that veil would prevent her from having a complete line of vision while driving.

This arrest brings further attention to the national debate over a proposed law offered by French President Nicolas Sarkozy that would forbid any woman from wearing a full veil while in public.  Sarkozy has stated in the past that he believes the veil is discriminatory towards women and does not respect the values of French culture.

Jean-Michel Pollono, the lawyer for the women who was fined, stated that “this fine is not justified on road safety grounds and constitutes a breach of human and women’s rights.”  He also noted that other headwear, despite also diminishing a driver’s line of sight, has not been banned.  “If the veil is forbidden behind the wheel, then nuns should not be able to drive, and full helmets for motorcyclists should be banned, because you can’t see on the sides, and even some police units who drive with masks should be fined.”

The woman said that she believed the actions of the police were motivated in part by discrimination.  There are also concerns that Sarkozy’s proposed legislation would give French law enforcement broad authorities to discriminate against France’s minority Muslim population and immigration groups in general.

The proposed ban on niqabs is set to be introduced in the national parliament next month.  Some political observers have stated that Sarkozy, who has recently been struggling in national approval polls, is pushing for this ban as part of a broader political effort to portray him as a protector of French culture.  Regional elections are being held this month.

For more information, please see:

WASHINGTON POST – Suspicion of polygamy stokes France’s veil debate – 25 April, 2010

AP – Driver wearing Islamic face veil fined in France – 24 March, 2010

IRISH TIMES – Veiled French driver fined fro not having clear field of vision – 24 April, 2010

BBC – French police fine Muslim driver for wearing veil – 23 April, 2010

THE GLOBE AND MAIL – French police fine women for driving while veiled – 23 April, 2010

REUTERS – Veil Leads to Fine for French Driver – 23 April, 2010

Chechen Leader Accused of, Denies Political Slayings

By Kenneth F. Hunt
Impunity Watch Reporter, Europe

GROZNY, Chechnya – The President of Chechnya was accused this week of killing two of his political opponents and ordering the murder of a third.  The accusations were quickly and summarily denied.

Mr. Ramzan Kadyrov, Chechnya’s President, was accused on Wednesday of ordering and organizing the killings of Sulim Yamadayev in March 2009 and Ruslan Yamadayev in March 2008. Kadyrov quickly denied the allegations without a statement.  His spokesman confirmed this denial today.

Both of the men were political enemies of Mr. Kadyrov, who has been the Kremlin-backed leader of Chechnya since 2007.  Sulim, a former general in the Russian army, was shot in Dubai.  Ruslan was shot in Moscow by an unidentified assailant.

The brother of the two men, Isa Yamadayev, sent a letter to a Moscow daily newspaper, Moskovsky Komsomolyets, claiming that he has video evidence that links Mr. Kadyrov to the slayings.  The video was obtained legally from a Russian Investigative Committee.

Moskovsky Komsomolyets posted the video on its website.  The video shows footage of an interrogation of Isa’s bodyguard, who claimed that Mr. Kadyrov ordered him to kill Isa for $1 million or otherwise his family would be killed.

The bodyguard did attempt to kill Isa in 2009, but Isa survived the murder attempt when he overpowered the bodyguard in his house.

During a meeting with Kadyrov in 2007, the bodyguard claims that the President Kadyrov also told him that Ruslan and Sulim were killed by Kadyrov’s “personal order”.

Previous links between Mr. Kadyrov and the killings have been more speculative.  Earlier this month, a Dubai trial court convicted Adam Delinkhanov of organizing the 2009 shooting of Sulim.  Mr. Delinkhanov was a close advisor to President Kadyrov.

For more information, please see:

RADIO FREE EUROPE – Chechen Leader’s Spokesman Rejects Assassination Allegations – 23 April 2010

MOSCOW TIMES – Kadyrov Accused of Ordering 3 Yamadayev Murders – 21 April 2010

NEW YORK TIMES – Chechen President Denies Ordering the Killings of 2 of His Opponents – 21 April 2010

Nuremberg Prosecutor Whitney Harris Leaves Legacy of Justice and Hope

By Sovereign Hager
Impunity Watch Managing Editor, News

Photo Courtesy of University of Washington Alumni
Photo Courtesy of University of Washington Alumni

ST. LOUIS, Missouri – On April 22, 2010 the world lost Whitney Harris, a leading advocate of international criminal justice. Harris was the last surviving prosecutor of the principal surviving Nazi war criminals at Nuremberg. He was ninety-seven years old.

Harris was originally from Seattle and attended the University of Washington. He went on to obtain his law degree from the University of California, Berkeley in 1936. Harris joined the Navy after the bombing of Pearl Harbor, and was charged with investigating war crimes after the war.

Harris was one of the first members of the staff for the trial of major German war criminals, trying twenty-two high ranking Nazi officials, leading to nineteen convictions. During the Nuremberg war-crime trials in 1945, Harris, then just thirty-three years old, served as a lead prosecutor and tried the senior leader of the Nazi Security Police. He was instrumental in getting the confession of Rudolf Franz Ferdinand Hoess, head of the Auschwitz concentration camp, and aided in the cross examination of Hermann Goering, Hitler’s second in command.

Following his service as a prosecutor, Harris continued a life of public service and continued to address war crimes and genocide. He served as Chief of Legal Advice during the Berlin Blockade and was a law professor at Southern Methodist University. Harris also served as chairman of the International Law Section of the American Bar Association. He authored “Tyranny on Trial, the Evidence at Nuremberg,” considered by the New York Times to be the first “complete historical and legal analysis of the Nuremberg trial.”

Harris’s later work centered on speaking, writing, and teaching about international law and justice. He gave numerous speeches on human rights and in 1980 established the Whitney R. Harris Collection on the Third Reich of Germany at Washington University in St. Louis. Today the Whitney Harris World Law Institute continues his legacy. The current director remembers Harris’ consistent emphasis of the good that came out of Nuremberg. “I think he had a truly undying faith in the ability of humankind to do better.”  Harris was an outspoken supporter of international tribunals, which he saw as building and growing from the principles and achievements of Nuremberg.

In June of 2006, Harris recorded an essay for NPR’s “This I Believe Series,” where he shared these powerful words: “We must learn to end war and protect life; to seek justice and find mercy; to help others and embrace compassion.”

Acquittal of Dutch Arms Dealer who Supplied Liberia’s Charles Taylor Overturned

By Elizabeth Conger
Impunity Watch Reporter, Europe

Koer
Photo: Alleged arms dealer to Charles Taylor, Guus Kouwenhoven.

THE HAGUE, Netherlands – The Dutch Supreme Court has ordered a retrial of Guus Kouwenhoven, the Dutch businessman convicted in 2006 for illegal arms dealing to Liberia during the Second Liberian Civil War. Kouwenhoven appealed his eight year sentence in 2008 and was released. The Dutch Prosecutor’s office subsequently appealed the acquittal, and was granted an appeal by the Supreme Court on Tuesday.

Guus Kouwenhoven, a timber trader who was in charge of the Oriental Trading Corporation between 2000 and 2003, was accused of  breaking a UN arms embargo by supplying anti-tank weapons and rifles to Charles Taylor’s regime in exchange for Liberian timber. During that period Liberia was embroiled in a bloody civil war.

Kouwenhoven acknowledged his close ties with Charles Taylor, but denied the charges against him. The Hague acquitted Kouwenhoven in 2008 on the grounds that it was not convinced of the credibility of the testimony provided by certain witnesses in his original trial.

The Supreme Court says that the Prosecutor’s appeal will allow two more witnesses to testify regarding Kouwenhoven’s complicity. The two witnesses allegedly saw Kouwenhoven take delivery of large shipments of weapons bound for Liberia. These two witnesses, who have chosen to remain anonymous, previously made their statements regarding the arms dealing to the Sierra Leone Tribunal.

A date has yet to be set for the Kouwenhoven appeal. Charles Taylor is currently on trial in The Hague before the Special Court for Sierra Leone.

For more information, please see:

BBC – New trial for Dutch ‘arms smuggler’ Guus Kouwenhoven – 21 April 2010

AP – Dutch court: New appeal for alleged arms smuggler – 20 April 2010

Radio Netherlands Worldwide – Supreme Court annuls arms dealer’s release – 20 April 2010