News

Spanish Universal Jurisdiction May Soon Become Undone

By Ben Kopp
Impunity Watch Reporter, Europe

MADRID, Spain – Faced with political and economic pressure from China, Spanish legislatures continued support changes to Spanish universal jurisdiction law. Human rights groups chastised the move as a step backward in international law.

 

China has rebuked Spanish courts for a decision to issue arrest warrants for Chinese officials in Europe, on grounds of universal jurisdiction. (Photo courtesy of Reuters)

Almost two decades ago, Spain enacted legislation to support universal jurisdiction. The doctrine allowed Spanish judges to reach beyond their borders to investigate serious human rights abuses. In 1998, Spain made headlines by using the doctrine to arrest Chilean Dictator Augusto Pinochet in London.

When faced with pressure from the US regarding cases relating to Guantanamo Bay prisoners around 2009, Spain limited universal jurisdiction to cases that had a relevant connection to Spain, as long as no other national court would take the case.

In January 2014, the People’s Party (PP) tabled legislation that would curb the use of universal jurisdiction. The new law would essentially erase Spanish universal jurisdiction, applying the doctrine only for defendants who were Spanish citizens or residents, and only victims and public prosecutors could bring a case.

On 11 February 2014, Spanish Members of Parliament voted to continue support for a bill that limits the Spanish judicial power to try extra-territorial criminal cases. According to human rights organizations, the move would end Spain’s role as a leader in enforcing international justice.

PP Spokesman Alfonso Alonso defended the change, calling universal jurisdiction “inefficient” and something that “promises a lot but leads to nothing more than diplomatic conflicts.”

The vote came after a Spanish court ordered Interpol to issue arrest warrants for Chinese officials, including former President Jiang Zemin, for decades-old human rights abuses. While Spain sought to deepen trade relations with China to boost the European country’s economy, the court order caused China to issue a sharp rebuke.

“China is strongly dissatisfied and firmly opposed to the erroneous acts taken by the Spanish agencies in disregard of China’s position,” said a foreign ministry spokeswoman, Hua Chunying. “But I believe this incident concerns the sound development of bilateral relations, so we hope that the Spanish government can properly deal with this matter and tell right from wrong.”

“This reform makes it even harder to probe into severe human rights abuses,” said Ignacio Jovtis, of Amnesty International Spain. AIS is among nearly two dozen human rights groups urging the government to abandon the change. “It’s a step backwards for human rights and justice.”

Reed Brody, of Human Rights Watch, expressed concerns over the double standards in international justice. “It’s OK to use international justice for El Salvador, Chile and Chad, but when it comes to US or China or Russia, there’s no justice. That really threatens to undermine the entire architecture of international justice.”

To ensure accountability for atrocities committed in the world, the world must deeply consider whether those with great power should run in the face of great responsibility.

For further information, please see:

Euronews – Spain Bows to Chinese Pressure and Backs Law to Curb Pioneering Judges – February 12, 2014

Guardian – Spain Moves to Curb Legal Convention Allowing Trials of Foreign Rights Abuses – February 11, 2014

Reuters – China Bristling, Spain Seeks to Limit Its Judges’ International Rights Powers – February 11, 2014

CNN International – Spanish Judge Issues Arrest Warrants for China’s Former President, Prime Minister – February 10, 2014

North and South Korea Engage in ‘High-Level’ Talks

By Brian Lanciault
Impunity Watch Reporter, Asia

SEOUL, South Korea--North and South Korea have held their first “high-level talks” in almost seven years, in an apparent effort to improve strained relations at the suggestion of the North.

The talks, held Wednesday at a border village, came as South Korea and the United States prepared to engage in another round of military drills that have antagonized Pyongyang, Reuters reported.

The meeting was set up with unusual speed and great secrecy at the North’s suggestion last week. This is just the latest example of conflicting signals from Pyongyang, which abruptly cancelled an invitation for a US envoy to visit a few weeks ago.

Kim Jong-un, who requested the negotiations with the South, is believed to be using the talks as a jump-off for future plans to visit China. (Photo Courtesy Reuters)

The North is expected to repeat demands for the South and the United States to abandon their military drills. Both sides have numerous incentives to seek a deal that could break their long stalemate.

“For the North, if it comes back with an accomplishment in terms of improved South-North ties, it will mean a better atmosphere for Kim Jong-un to visit China and a justification to pursue high-level talks with the United States,” Cheong Seong-chang, an expert at the Sejong Institute outside Seoul, reported.

Kim is believed to be plotting a visit to China, Pyongyang’s largest ally and main benefactor, to reinforce his legitimacy as dictator in the eyes of a skeptical international community. Kim took power when his father died suddenly in 2010.

Al Jazeera’s Harry Fawcett, reporting from the South Korean capital Seoul, said while the atmosphere surrounding negotiations appeared “calm,” any major announcement was unlikely to be brought out in the near future.

“We’re all a bit in the dark” as to the content of the discussions, correspondents said.

Seoul officials told the Associated Press that the meeting was requested by the North, which has launched a recent “charm offensive” after raising tensions last spring with threats to fire nuclear-tipped missiles at Seoul and Washington.

Pyongyang, which has repeatedly vowed to expand its nuclear arsenal and further develop nuclear technology, is trying to build nuclear-armed missiles that can reach the continental US. Most experts say the country has yet to master the technology needed to mobilize an atomic bomb via missile.

In addition to demanding a halt to the military drills, North Korea was expected to demand that South Korea agree to restart a lucrative joint tourism project and increase humanitarian aid efforts.

South Korea, meanwhile, was looking to discuss ways to ensure that planned reunions of families separated a half-century ago in the Korean War went smoothly, Seoul’s Unification Ministry said.

The South Korean delegation is led by President Park Geun-hye’s deputy national security adviser, while North Korea has sent its second-highest ranking official in the ruling Workers’ Party department, who is also in charge of maintaining ties with the South.

The meeting is the highest level in years between the Koreas, which held a series of similar meetings in 2007.

For further information, please see:

ABC–Koreas Hold Senior-Level Meeting at Border Village–11 Feburary 2014

BBC News–North and South Korea hold rare high-level talks–12 February 2014

Al Jazeera–Koreas hold rare talks to ease tensions–12 February 2014

CNN–North and South Korea to hold ‘high-level’ meeting–11 February 2014

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