News

Does the Pistorius Case Decision Serve Steenkamp’s Death Justice?

By: Ashley Repp

News Desk Reporter, Africa

pistorius

PRETORIA- South Africa

This week, in a tense courtroom, Judge Thokozile Masipa found Oscar Pistorius, not guilty of murder in the fatal shooting of his girlfriend, Reeva Steenkamp, in 2013.  Instead, with regard to her death, he was found guilty of a lesser charge of “culpable murder,” which is the equivalent of manslaughter in the United States.  Some, including Steenkamp’s family, expressed that justice was not served here.

On February 14, 2013, Steenkamp went into the bathroom of the master bedroom where she and Pistorius slept.  According to Pistorius, he though an intruder was hiding in the small bathroom, took his gun, and shot into the bathroom four times through the door.  The prosecution pushed the premise that Steenkamp had locked herself in the bathroom, in an attempt to get away from Pistorius.  The prosecution brought text messages between Steenkamp and Pistroius that indicated a rocky and jealous relationship.

The defense argued that Pistorius was raised in a violent and unsafe part of South Africa and as a result, was wary and afraid of the possibility of intruders, which he claimed he believed Steenkamp was the night he shot her.  While the judge held that this particular piece of information was immaterial to the trial, she did find that he behaved negligently in shooting into the bathroom four times.

The trial’s outcome turned on the legal finding that not all of the elements to find Pistorius guilty of premeditated or common law murder, were present.  Under South African law, to find someone guilty of premeditated murder, the killer must intend and plan to kill the target, which in this case would have been Steenkamp, or whoever Pistorius claimed was behind the door.  To find common law murder, the killer must act in the heat of the moment, but lack the “malice aforethought” requisite for premeditated murder.  Under this theory, the judge would have to find that Pistroius should have known that shooting into the bathroom would kill whoever was behind the door.

While Masipa did not find these elements entirely fulfilled, she did find Pistorius guilty of culpable murder, a classification that does not require that the actor intended to kill the individual, but acted negligently, counter to how a reasonable person would behave in the same circumstance.  Therefore, the decision turned on the finding that Pistorius did not intend to kill, and did not know that his actions would lead to the death of Steenkamp, and that by shooting into the bathroom four times, Pistorius behaved negligently.

Though this decision came as a relief to Pistorius and his family, the verdict was heartbreaking for many who simply cannot come to terms with the notion that Pistorius could have shot into the bathroom without the intent to kill.  There is no minimum sentence for culpable murder, and Pistorius will be sentenced in October, pursuant to the decision reached this week.

 

For more information, please visit:

BBC News- Oscar Pistorius: Minister says verdict is ‘disappointing’- 13 Sept 2014

CNN World- Judge: Pistorius was negligent, but Steenkamp’s killing was not murder– 12 Sept 2014

CNN Wrold- What’s next for Oscar Pistorius– 11 Sept 2014

New York Daily News- Oscar Pistorius murder trial: ‘I can’t believe that they believe it was an accident,’ says Reeva Steenkamp’s mother– 13 Sept 2014

Who is Marina Silva? Probably Brazil’s Next President

By Delisa Morris

Impunity Watch Reporter, South America

BRASILIA, Brazil – Marina Silva is on track to become Brazil’s next President.  However, Silva’s childhood was far from presidential.  Silva and her family lived deep in the Amazon rain forest, where her father, brother and six sisters followed miles of trails through the forest to find rubber trees.  The family would tap rubber trees for their latex as income.

Marina Silva, front-runner in Brazil’s presidential election | Image courtesy of Forbes

At 16 years of age, Silva was illiterate and her mother had just died.  After tragically contracting hepatitis, Silva traveled alone to the nearest city for treatment, there she learned to read and right so she could become a nun, her biggest goal.

At 56, Silva is on the verge of a much larger goal, becoming Brazil’s first black president.

Silva’s path took many turns after arriving in the city: she worked as a maid, and then became a teacher and grass-roots campaigner against deforestation in the Amazon alongside the idolized activist Chico Mendes.  She is perhaps the most prominent defender of the threatened rain forest.

Silva has spring-loaded to front-runner of the presidential election, to be decided in October, following the death of her running mate, Eduardo Campos, who died in a plane crash Aug. 13.

Before, Silva and Campos, of the Brazilian Socialist Party, had been polling as low as 8 percent, now leading polls show Silva winning a second-round victory against current President Dilma Rousseff.

Silva’s platform stems from her humble background and green credentials.  She vows to institute fiscally conservative economic reforms.  Silva has called for an end to “creative accounting” and has pledged to cut taxes on investment, eliminate government waste and boost foreign trade.

Brazil has slipped into recession under the leadership of Rousseff, eroding his support base among the poor and working class.  Younger voters, who took to the streets last year to protest poor public services and political corruption, appreciate Silva’s distance from a political elite mired in scandal.

Unlike her competitors Silva has pledged to remain in office for only one term.

“She’s speaking our language, she’s saying things the youth want to hear,” Andre Dutra, former president of the Socialists Party’s youth division, told VICE News.  “She’s talking about a new way to do politics.”

Recently Silva’s party has been mentioned in an alleged corruption scheme involving the state-owned oil firm Petrobas and officials receiving cash kickbacks.  So far Silva has not been directly implicated.

For many working –class Brazilians, Silva’s political ascendance as a poor, black woman suggests that anyone can become president.  We will find out in October.

For more information please see,

Forbes – Marina Silva Likely to Become Brazil’s Next President -11 Sept. 2014

Vice News – Marina Silva, Former Illiterate Rubber Tapper, Reshapes Brazil’s Presidential Race – 11 Sept. 2014

Bloomberg.com – Silva’s Clean-Politics Pledge Clashes With Growth Agenda – 10 Sept. 2014

Aljazeera – Marina Silva’s Swift Rise Aided by Leftists, Evangelicals and Billionaires – 10 Sept. 2014

Italy’s Good Intentions and Humanitarian Efforts May Ultimately Harm Europe

By Kyle Herda

Impunity Watch Reporter, Europe

ROME, Italy – With all of the turmoil and fighting currently widespread throughout the Middle East and Northern Africa, many citizens have flocked from countries like Libya, Syria, Iraq, South Sudan, and elsewhere. In an effort to help these refugees, Italy has opened up its borders for refugees to enter into Europe, particularly in Southern Italy around Sicily.

Mehdi Nemmouche, the shooter in the Brussels Jewish Museum murders, stands with his ak-47 during the attack. (Photo courtesy of Breitbart)

Italy’s new immigrant policy, dubbed “Mare Nostrum”, or “Our Sea”, came last year after Pope Francis flew to the scene of a sunken migrant vessel off the coast that went down unaided. Pope Francis asked, “Who has wept for the people who were on the boat?” Italy took this as inspiration to help refugees who make it across the Mediterranean Sea. Now, Italy takes in refugees, offers them medical treatment, food, water, and temporary shelter. Further, Italy has decriminalized migrants, and also adopted a de facto “don’t ask, don’t tell” policy where refugees may stay a few nights and then move onwards to other European nations, such as Germany and Sweden, that often grant asylum.

While this initially seems great, and for many it is a wonderful thing, there also comes skepticism. Italy is taking in nearly 1,000 migrants per day, and has already taken in 119,939 migrants since January, far more than the 42,000 from all of 2013. The problem lies in that the nearly 120,000 migrants have entered into Europe with relative ease as far as security checks goes, and now may be moving fairly undetected and unaccounted for throughout Europe. With a particular eye on some of the nations where the refugees are coming from, countries where ISIS is growing and expanding at a scary rate, this creates a serious security concern for Europe.

One of the countries with many emigrants to Italy is Libya, a nation that France calls a ‘terrorist hub’. And while it may be unclear exactly if or how many dangerous migrants may have snuck through already, one thing is clear: there has already been at least six serious attacks planned against member states of the European Union. British Prime Minister David Cameron warned the British people, “be in no doubt about the threat that so-called Islamic State poses to us.” Cameron went on to cite the deadly attack in a Brussels Jewish museum as a successful ISIS attack on European soil.

Even without new ISIS members coming into Europe, there already exists a serious problem throughout Europe as Europeans continue to be recruited into ISIS. Two Austrian girls of 15 and 16 years in age, Samra Kesinovic and Sabina Selimovic, have recently been recruited by ISIS and have already led at least two additional girls, ages 16 and 14, to try and follow to Syria to convert.

It is quite clear that the ISIS problem in Europe is a present problem and very likely to get much worse as ISIS’s presence and influence continues to spread. ISIS is already in Europe and influence is spreading throughout Europe in the form of recruiting, and increasing via immigration through open borders like Italy. While Italy is helping many who are in dire need of help, it must be careful to prevent the same people from coming over who caused the massive flocks to begin with.

For more information, please see:

New York Post – Gun-wielding teen girls from Europe join ISIS – 10 September 2014

RT – France calls for new Libya intervention, calls it ‘terrorist hub’ on Europe’s doorstep – 10 September 2014

The Washington Post – Amid flood of refugees to Europe, Italy opens a back door – 9 September 2014

Breitbart – Prime Minister: Six ISIS Attempted Attempts Against European Nations Already – 9 September 2014

Bomb Blast in Chile Train Station Speculated as an Act of Terrorism

By Delisa Morris

Impunity Watch Reporter, South America

SANTIAGO, Chile – On Monday Afternoon, a bomb exploded next to an underground train station in the Chilean capital of Santiago at least ten people were wounded.

Aftermath of train station bomb explosion in Chile. Photo courtesy of Reuters

The blast occurred during lunchtime at a fast-food restaurant in a small shopping and eating plaza next to the Escuela Military metro station.  The area, Las Condes, is known as an affluent residential and shopping neighborhood.

Some Chilean officials believe that this was an act of terrorism.  Currently, no group has claimed responsibility, and the police said the attack was being investigated.

“This is an act that has all the hallmarks of a terrorist deed,” Alvaro Elizalde, the government’s chief spokesman said in remarks made to journalists outside La Moneda presidential place.  “There is no doubt.  And it has been carried out with the intention of hurting innocent people.”

He added that the government will invoke anti-terrorism laws.  Apparently, anti-terrorism laws give prosecutors additional powers to allow for harsher sentencing for persons guilty of terrorism.

“It was an abominable act, and we will apply the full weight of the law, including antiterrorist laws,” said President Michelle Bachelet.  “What happened today was horrible, but Chile is and will remain a stable nation.”

Chile has not suffered an attack of this magnitude for at least 20 years.  The country, which returned to democracy in 1990 after a 17-year dictatorship under Augusto Pinochet, is normally one of Latin America’s most stable countries.

However, there have been a few low-level attacks by anarchist groups in recent years, including one this past July.  Monday’s blast may put pressure on Bachelet to respond at a time when her popularity is drooping.  Currently her plate if full with a reform drive and Chile’s ever worsening economy.

“At 2pm local time an explosive device was detonated in the centre by the metro station, and at the moment investigations are being carried out to determine the origin,” said Mario Rozas, head of police communications.

Interior Minister Mahmud Aleuy said review of security cameras near the bomb cite revealed two suspects planting the device in a metal container, possible a trash can, outside the fast-food restaurant and escaping in a car.

Luckily, none of the injuries were fatal.  A Venezuelan man in his 30s suffered trauma to his leg and a woman had at least one of her fingers amputated.  A few other people suffered from hearing loss.

By coincidence, this week Chile commemorates the 41st anniversary of the 1973 military coup that removed socialist President Salvador Allende from power.  The events of the coup still divide the country.  Traditionally, the anniversary is a time of protests that often turn violent.

The metro was operating normally on Monday evening.

For more information, please see:

the guardian – Chile: bomb explodes in Santiago metro station – 8 Sept. 2014

The Wall Street Journal – Chile Subway-Station Blast Injures at Least Seven – 8 Sept. 2014

LA Times – Chile official says subway blast apparently a ‘terrorist act’ – 9 Sept. 2014

TIME – Suspected Anarchist Bombing Wounds at Least 10 People in Santiago – 8 Sept. 2014

Estonia – Russia’s Next Target?

By Kyle Herda

Impunity Watch Reporter, Europe

TALLINN, Estonia – Following a tense week featuring NATO and Russia with Ukraine at the center of it all, it seems that a new player has been dragged into the spotlight: Estonia. Both sides seem to be turning focus towards Estonia, Latvia, and Lithuania as things in Ukraine have currently settled in a cease-fire that many are still unsure will hold.

Estonian President Toomas Hendrik shakes hands with Eston Kohver, who was arrested by Russia on Friday. (Photo courtesy of The Guardian)

On Friday, the Estonian-Russian border at Luhamaa saw action as Russian soldiers arrested Eston Kohver, an Estonian security officer. Armed men from Russia allegedly crossed the border into Estonia, used smoke bombs and jammed radios in Estonia, and took Kohver at gunpoint with them back into Russia. Kohver has been seen since in Russia being paraded on TV and accused of spying on Russia.

Kohver is a counter-intelligence officer in Kapo, an Estonian agency similar to the FBI in the United States. Until now, Kohver’s job has typically been to keep an eye on smuggling cartels going through the border. Russia’s post-Cold War KGB, now called the Russian Federal Security Service (“FSB”), have claimed that Kohver was arrested in Russian territory with “special equipment for concealed audio recording and documents that bear evidence of an intelligence mission…”

On Wednesday, President Obama traveled to Tallinn to pledge NATO support to Estonia, Latvia, and Lithuania should they be invaded. Citing Article 5 of NATO’s founding treaty, all members must defend any ally that faces a foreign attack. While Ukraine is an ally to NATO, Ukraine is not a full member who shares in this Article 5 protection. Estonia, however, is a NATO member under the protection of Article 5.

Claiming to have been invaded in this capture, however, Estonia remains in a tough position as NATO has not responded militarily and there has yet to be any strong response from its members. Considering that thousands of Russian soldiers and tanks in Ukraine were called an “incursion” rather than an actual invasion, Estonia’s recent incident is likely far from anything NATO would consider an “invasion”.

The current position in Estonia is far from the position that Ukraine is in, but Kohver’s arrest has managed to raise an already-high level of concern in the Baltic region. Latvia, another border-nation of Russia, is also worried about Russia’s recent aggression, and Lithuania has voiced concern as well. Russia’s uses of force this year have yet to be met by NATO or any forces other than Ukraine, and so this may be just another test by Putin to see how far he can get away with.

For more information, please see:

The Guardian – Russia says detained Estonian police officer is a spy – 7 September 2014

The Guardian – Russia parades detained Estonian police officer before TV cameras – 7 September 2014

Time – Russia Is Testing NATO’s Resolve in Eastern Europe – 6 September 2014

International Business Times – Ukraine Crisis: Estonia Intelligence Officer Kidnapped at Gunpoint and Taken to Russia – 5 September 2014