News

Ex-Guatemalen Soldier Convicted for Failure to Disclosure Involvement in Massacre

by Michael Yoakum
Impunity Watch Reporter, North America

RIVERSIDE, CALIFORNIA, United States –  Former Guatemalan special forces officer Jorge Sosa was sentenced Monday to 10 years in a federal prison for failing to disclose information in his immigration documents about his involvement in a massacre back in Guatemala. Sosa will also be stripped of his citizenship as part of the sentence.

Sosa, 55, is expected to be sent back to Guatemala after serving his ten year sentence. (photo courtesy of the LA Times)

Sosa was convicted of lying on his 2007 naturalization paperwork about his participation in the killing of at least 160 unarmed civilians in the village of Dos Erres in 1982.  The former second lieutenant was not tried for war crimes but instead found to have failed to disclose that he participated in the massacre.

Prosecutors said Sosa was able to become a citizen because he did not disclose his affiliation with the Kaibiles, an elite team of soldiers in the Guatemalan military.  During the trial, the prosecutors explained that Sosa’s unit was dispatched to Doe Erres to recover firearms but instead, at Sosa’s direction, his men raped and killed the villagers.  No weapons were ever recovered.

“These are the crimes the defendant lied about and didn’t disclose,” Judge Virginia Phillip said to the court. “The particular facts of what occurred on Dec. 7, 1982, at Dos Erres cannot be characterized in any other way than as crimes.”

Sosa is not the first to be prosecuted for his part in that massacre.  Several members of that unit have been prosecuted in Guatemala.

Sosa claimed innocence, saying he was not in the village during the massacre. His lawyer, Shashi Kewalramani, considered the sentence excessive and announced Sosa’s intention to appeal the conviction. Kewalramani added that the trial served as a forum to try Sosa for his alleged involvement in the massacre and not the charges at hand.

“Over our objections, the government made it a murder case, basically supplanted the Guatemalan court and decided to try that case up in the United States,” Kewalramani said.

For more information, please see:

Fox News – Ex-Guatemalan soldier linked to massacre is sentenced for lying on US citizenship forms – 11 February 2014

ABC News – Ex-Guatemalan Soldier Sentenced to 10 Years in US – 10 February 2014

LA Times – Ex-Guatemalan soldier linked to massacre gets 10-year sentence  – 10 February 2014

SF Gate – Ex-Guatemalan soldier sentenced to 10 years in US – 10 February 2014

USA Today – Ex-Guatemalan soldier sentenced to prison for lying – 10 February 2014

Rwandan Ex-Police Chief Acquitted of Genocide on Appeal

By: Danielle L. Gwozdz
Impunity Watch News Reporter, Africa

KIGALI, Rwanda – A Rwandan paramilitary police chief found guilty of genocide by a UN-backed war crimes tribunal has been acquitted on appeal.

Some 800,000 ethnic Tutsis and moderate Hutus were killed in 100 days in 1994 (photo courtesy of AFP)

The International Criminal Tribunal for Rwanda convicted Gen. Augustin Ndindiliyimana in 2011 of genocide, murder and other serious violations of international law for his role in the 1994 Rwandan atrocities.

The former commander of a military reconnaissance battalion, Francois-Xavier Nzuwonemeye, also was acquitted, along with Ndindiliyimana.

Ndindiliyimana was one of the highest ranking officers convicted of taking part in genocide. He was tried alongside Augustin Bizimungu, Rwanda’s former army chief of staff, who was sentenced in 2011 for 30 years. Bizimungu also appealed; however, the special court requested more information on his case.

The judgment said it took into account that Ndindiliyimana had “limited command over the gendarmerie after April 6, 1994 . . . and his opposition to the massacres in Rwanda.”

The BBC says Ndindiliyimana has been living in an International Criminal Tribunal safe house in the Tanzanian town since his release after he was sentenced nearly three years ago.

The appeals chamber said Tuesday that it reversed his conviction because the prosecution conceded that there was no evidence that supported his conviction.

“Consequently, Ndindiliyimana, who had been sentenced to time served by the trial chamber, was acquitted of all counts of indictment,” the court said in a statement.

Ndindiliyimana has been in custody for more than a decade.

Commemorations of the 20th anniversary of the genocide, in which 800,000 ethnic Tutsis and moderate Hutus were killed in just 100 days, have already begun, even as efforts to find and punish those responsible go on.

Last week in Paris, a French court opened to genocide trial of a former Rwandan intelligence chief in the first prosecution there of former officials and others who fled Rwanda.

BBC states that Ndindiliyimana is unable to return to Rwanda and that no other country will take him.

Rwanda’s genocide was sparked by the death of former President Juvenal Habyarimana who was killed when his plane was shot down close to the capital, Kigali, on April 6, 1994.

Within hours of the attack, certain members of the government organized ethnic Hutu militias across the country to systematically kill Tutsis and moderate Hutus.

The appeals chamber also found that the trial chamber committed errors of law and fact and concluded that Ndindiliyimana could not be held criminally responsible.

For more information, please visit:
BBC News – Rwanda’s Augustin Ndindiliyimana cleared of genocide – 11 February 2014
CitifmOnline – Rwanda’s Augustin Ndindiliyimana cleared of genocide – 11 February 2014
ICTJ – Rwanda’s Augustin Ndindiliyimana cleared of genocide – 11 February 2014
GhHeadlines – Rwanda’s Augustin Ndindiliyimana cleared of genocide – 12 February 2014
Nets247.com – Rwanda’s Augustin Ndindiliyimana cleared of genocide – 11 February 2014
UPI – Rwandan genocide court reverses charges – 11 February 2014
NY Times – U.N. Court, on Appeal, Acquits 2 Rwandans in 1994 Genocide – 11 February 2014
Africa Press Review – Rwanda’s Augustin Ndindiliyimana cleared of genocide – 11 February 2014

 

Saudi Arabia, Qatar, Turkey Call For Emergency U.N. Meeting on Syria War Crimes

By Thomas Murphy
Impunity Watch Reporter, Middle East

RIYADH, Saudi Arabi – Saudia Arabia, Turkey and Qatar have requested an emergency meeting of the United Nations General Assembly to deal with the growing evidence of Syrian war crimes. The request was made in a letter to the U.N. General Assembly dated February 7.

Civilians in Homs gather to evacuate the city during a three-day ceasefire agreement. (Photo Courtesy of Reuters)

 

“U.N. officials have been repeatedly expressing their frustration and disappointment at the lack of progress in addressing the grave humanitarian situation and growing body of evidence pointing to war crimes and crimes against humanity,” the request said.

It also expressed frustration with the lack of implementation of U.N. sanctions required by “the Security Council presidential statement date Oct. 2, 2013,” which is “unacceptable.”

The request was sent directly to President of the U.N. General Assembly John Ashe. Ashe will reply to the request after consulting other U.N. members including the Security Council.

The letter also cited the Syrian parties inability to reach a long-term agreement during the first round of peace talks in Geneva.

“Although the parties agreed to reconvene in Geneva on Feb. 10 of 2014 for the second round of talks, the inability to reach an agreement in the first round to alleviate the suffering of the Syrian people is an urgent issue of serious concern for the international community.”

The Syrian delegation arrived in Switzerland on Sunday ahead of this week’s peace talks. The request for an emergency meeting may increase pressure on both sides to reach an agreement.

On February 7, the Syria government and opposition agreed to a three-day ceasefire in Homs to allow humanitarian aid into the besieged city. Reportedly, 600 residents, including elderly men, women and children, were placed on buses and removed from the combat zone. Syria’s Red Crescent delivered food and medical aid to the areas of the city under rebel control.

However, the cease fire agreement has been broken several times. Eleven people were killed during operations conducted by the U.N. and Syria’s Red Crescent. The emergency vehicles also had difficulty entering and traveling throughout the city. Despite the violence, the cease was extended for another three days on Monday.

For further information, please see:

Inquisitr – Saudi Arabia Calls Emergency UN Meeting On Syrian War Crimes – 10 February 2014

CNN – Cease-fire in Syrian city of Homs extended for another three days: U.N.  – 10 February 2014

Kuwait News Agency – S. Arabia, Qatar, Turkey ask GA President to convene urgent meeting on Syria – 10 February 2014

Al Aribiya – Saudi Arabia calls for urgent U.N. meeting on Syria – 9 February 2014

Guatemalan Court Upholds Top Prosecutor’s Ouster

By Brandon R. Cottrell 
Impunity Watch Reporter, North America 

GUATEMALA CITY, Guatemala – The Guatemalan Supreme Court has upheld its ruling that Attorney General Claudia Paz y Paz must step down in May, which is seven months prior to her term’s natural expiration.

Guatemala’s Attorney General Claudia Paz y Paz was recently ousted (Photo Courtesy AP).

U.S. Ambassador Arnold Chacon, in a statement this week described Paz as “an example of an honest, capable public servant of integrity.”  Paz y Paz, since taking office in May 2010, has put four civil war era generals and organized crime suspects on the stand to face charges of crimes against humanity and for genocide.  Prior to her appointment, these cases had been at a stand still for decades.  As of now, however, only one of those cases has been brought to trial.

Additionally, Paz y Paz has moved for international training of prosecutors, so that the prosecutors will “carry out more scientific prosecutions.”  This movement has resulted in the successful prosecution of several high profile cases.

The prosecution of General Efrain Rios Montt, who ruled from 1982 to 1983, is perhaps Paz y Paz’s highest profile case.  That case resulted in an eighty-year sentence for Montt, who knew about the slaughter of nearly two thousand Mayans during the Civil War.  That sentence, however, was annulled on appeal.

The annulment of Montt’s sentence is seen by many as a sign of the lingering influence of the military and its backers.  This is only further verified when considering that Ricardo Sgastume, the lawyer who brought the constitutional challenge to out Paz y Paz is a member of the National Convergence Front Party, which was founded by former military officials.

Jorge Santos, a member of the Convergence for Human Rights, has criticized the Supreme Court’s ruling saying that they (the Convergence for Human Rights) “believe the court’s decision doesn’t do anything to defend the Constitution and instead works in favor of vested interests that want to maintain impunity.”

In a statement, Paz y Paz did not comment as to whether or not she thought her ouster was motived by political reasons.  She did say, however, that “the magistrates have to interpret laws according to their values and criteria and according to what the Constitution says and they can’t act based on other types of influences.”

A commission has since been formed to find Paz y Paz’s replacement.  The commission was formed after 94 of 158 lawmakers voted in favor of replacing Paz.

 

For further information, please see:

ABC News – Guatemala Begins Process To Replace Top Prosecutor – 10 Feb. 14

AP – Guatemalan Court Upholds Top Prosecutor’s Ouster – 8 Feb. 14 

Washington Post – Guatemalan Court Upholds Top Prosecutor’s Ouster – 8 Feb. 14  

Neutral Nation Nixes Immigration from Neighbors by Narrow Margin

By Ben Kopp
Impunity Watch Reporter, Europe

BERN, Switzerland – By narrow margin, Switzerland passed a referendum that curbs immigration from European Union countries. As several leaders threatened retaliation, others hoped that they might take political office on a wave of anti-immigrant hatred.

Though many were told to ignore anti-immigration advertisements, 50.3 percent of Swiss voters supported a referendum to limit immigration from EU Member States. (Photo courtesy of Washington Post)

On 9 February 2014, Switzerland voted narrowly to limit workers from its European Union neighbors by limiting the country’s open-borders treaty; specifically, by removing EU citizens’ equal footing in the Swiss labor market. Leaders throughout Europe threatened to retaliate, and EU officials warned that the referendum could threaten Switzerland’s access to the bloc’s 500 million consumers.

Anchored by economic powers Germany and France, the bloc stretches from Portugal to Latvia and from Ireland to Greece.

While Switzerland is a neutral non-EU country, the referendum’s motivating hatred toward immigration has been increasing in EU Member States throughout the region.

The vote aroused fear that Swiss citizens might reflect the zeitgeist of Europe, where right-wing populists fill the political spotlight has become with an anti-immigration agenda.

“Switzerland is playing the role of a pioneer for the whole of Europe now,” said Chairman Toni Brunner of the Swiss People’s Party, which backed the referendum measure and has launched an initiative to ban mosque minarets. “EU open borders, in the form they exist in today, will have to be discussed.”

Large Swiss companies argued against the referendum, stating that the country is in desperate need of employable talent from nearby countries. Switzerland’s unemployment rate is currently 3.5 percent. However, the Swiss People’s Party argued that the referendum was necessary to preserve Swiss identity in the face of 80,000 EU citizens moving through the Alps and changing the social fabric of Swiss cities, villages, and towns.

Although polls several weeks ago indicated the referendum would fail, a 50.3 percent vote of support allowed it to pass.

Since the multi-year debt crisis began, hard economic times have persisted in Europe, leaving immigrants the scapegoats. The stream of Syrian refugees into the region—particularly around Bulgaria—has also added to anti-immigrant nationalism.

In Greece, Golden Dawn’s paramilitaries declared war against immigrants, with several well-document attacks taking place in Athens.

Hungary’s far-right Jobbik party, known for its anti-Semetic, anti-Roma, and anti-immigrant positions, has moved from the outer rim of politics into Parliament, with heavy campaigns appearing well ahead of elections.

While binding treaties prevent EU Member States from legally blocking immigration within the bloc, several European leaders have sought ways to curb the flow of immigrants from the EU’s poorest countries, Romania and Bulgaria. Those leaders are expected to take up to one-third of the European Parliament’s seats following the May 2014 elections.

“Immigration is the big theme of 2014 in Europe,” said Director of Open Europe Mats Persson. “One of the big risks is that the European Parliament becomes quite polarized after the May elections, filled with federalists who want a closer union in Europe and nationalists who want exactly the opposite.”

The free movement of people remains under attack. But as history teaches, the constriction into oppression always re-opens and expands into freedom.

For further information, please see:

BBC News – EU to Review Swiss Ties after Immigration Vote – February 10, 2014

Expatica – Swiss Move to Limit Damage after EU Migrant Curb Vote – February 10, 2014

Geneva Lunch – Emotional Swiss Day: Votes, Olympic Medal – February 10, 2014

Reuters – Swiss-EU Power Talks on Hold after Immigration Vote – February 10, 2014

Washington Post – Swiss Vote to Limit Foreign Workers Captures Growing European Fears about Immigration – February 10, 2014

Euronews – EU Warns Switzerland All Treaties Will Be Reviewed after Anti-Immigration Vote – February 9, 2014