News

Bosnia to Amend Constitution to Allow Minorities to Run For Office; Clears Path to EU

by Tony Iozzo
Impunity Watch Reporter, Europe

BRUSSELS, Belgium – Seven Bosnian leaders agreed to end their country’s constitutional ban on minorities running for elected office on Tuesday, which has effectively cleared the country’s last major obstacle to applying to join the European Union.

Enlargement Commissioner Fuele speaks at a conference last year. (Photo courtesy of Reuters)

The leaders, all from Bosnia’s main political parties, met in Brussels on Tuesday and agreed of “the necessity to implement the judgment urgently by providing every Bosnia-Herzegovina citizen with the right to stand for election to…Presidency and House of Peoples,” the leaders stated in a joint statement issued on Tuesday.

In 2009, the European Court of Human Rights ruled against discrimination against minority groups such as Roma and Jewish people. Bosnia, accordingly, has been blocked from applying to the join the EU due to this former constitutional provision. This has led to an impasse in accession discussions.

The talks occurred in part because EU officials had begun issuing warnings of a cut off in potentially hundreds of millions of euros in funding from the Union that has traditionally been used on reforms and development of local infrastructure.

As Bosnia’s economy is still recovering from the 1992 to 1995 war, EU accession accession and reforms have been essential for the country to attract foreign investors to the Bosnian economy. As far as Bosnia’s former Yugoslav neighbors, Montenegro has also begun accession talks, Croatia joined the EU this past July, and Serbia is to begin discussions in January.

The ethnicity of Bosnian citizens has been a hot-button issue in the country since the mid-90’s war that killed an estimated over-100,000 people and divided the country into two autonomous regions which are linked by a weak central government. This Brussels agreement has come just as Bosnia is launching its first census as an independent state, which has partially revived ethnic rifts.

Stefan Fuele, EU enlargement chief, stated he hoped the agreement would make it possible for the European Commission to issue a positive annual report on October 16 on Bosnia’s progress towards meeting EU standards on human rights and democracy.

Fuele stated he hoped the report would “open the way for a credible application of Bosnia-Herzegovina to become a member of the European Union”.

The Bosnian leaders’ joint statement did not go into specific detail on just how or when the proposed constitutional alterations would be made. The leaders promised to work out details of the agreement before resuming talks in Brussels on October 10.

For more information, please see:

EU Observer – Bosnia to Remove Barrier for EU Membership – 2 October 2013

European Union Examiner – Bosnian Deal Clears Obstacle to EU Application – 1 October 2013

Irish Independent – Bosnia Clears Final Hurdle on Road to EU Membership – 1 October 2013

Reuters – Bosnian Deal Clears Obstacle to EU Application – 1 October 2013

 

Torture Widespread in Libyan Jails

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

TRIPOLI, Libya – A new UN report has stated that torture and ill-treatment, sometimes resulting in death, is “widespread” in Libyan jails. Dozens have been tortured to death, including 11 this year and 27 in two years, in prisons run by militias.

In government-controlled jails run by trained police or prison officers, conditions were better (photo courtesy of Al Jazeera)

The militias that control these jails joined forces two years ago to overthrow leader Moammar Gadhafi. These are the militias that have triumphed in the eight-month civil war in 2011.

The UN estimates about 8,000 people are still being held in relation to the 2011 conflict which ended in the overthrow of Gadhafi.

The vast majority are being held without due process, the report claimed.

Torture is being used “as a means to extract confessions or other information”, the UN says.

The UN Report titled “Torture and Deaths in Detention in Libya” said the abuse of detainees persists despite the Government’s efforts. The report recommends swift action to transfer detainees held by armed brigades to State control, as well as renewed efforts to build the capacity of the criminal justice system.

“Torture is illegal, under any circumstance, with no exceptions,” said UN High Commissioner for Human Rights Navi Pillay.

“The situation of detainees in Libya is alarming and while there has been some progress, there is an urgent need to renew efforts to prevent torture, investigate allegations of torture and prosecute those responsible,” Pillay further stated.

Libya’s central government has struggled to remove the presence of armed militias since Gadhafi’s death in 2011.

The report further presented information about the view on this torture from the armed brigade. It reported: “In some cases, members of the armed brigades freely admitted, and even tried to justify, the physical abuse of detainees.”

However, no one was immediately available for comment for the Libyan government.

The Libyan government had declared its commitment to ending torture and ensuring the proper working of the country’s criminal justice system, and praised its passage of a law making torture a criminal offense.

But both UN bodies feared that unless firm action was taken “there was danger that torture will become institutionalized within the new Libya.”

In government-controlled prisons run by trained police or prison officers, which UN staff have visited, conditions and treatment of detainees were better than those operated by the militia.

Conditions are improving, the report did say, for detainees held in prisons controlled by Libya’s Judicial Police. But it urged the government to speed up the takeover and the staffing of militia-run jails with trained police and correctional officers.

The report further recommends that Libyan authorities adopt a strategy to screen and, where appropriate, release or charge and prosecute conflict-related detainees, in implementation of the Law on Transitional Justice.

The report is based on information gathered first-hand during UNSMIL’s visits to nearly 30 detention centers over two years, including information from detainees, family members, officials and civil society, as well as documentation such as medical reports.

For more information, please visit:

BBC News – Torture ‘widespread’ in Libyan jails – UN report – 1 October 2013
Aljazeera – UN finds widespread torture in Libya jails – 1 October 2013
The New York Times – Libya: 27 Tortured to Death in Jails Run by Militias, U.N. Report Says – 1 October 2013
VOA News – UN Report: Torture Rampant in Libyan Jails – 1 October 2013
abc news – UN Finds Torture Widespread in Libya – 1 October 2013
UN News Centre – Despite Government efforts, torture widespread in Libya’s detention centres – UN report – 1 October 2013

Myanmar Security Forces Battle Another Bout of Unrest

By Brian Lanciault

Impunity Watch Reporter, Asia

NAYPYIDAW, Myanmar– A Buddhist mob killed a 94-year-old Muslim woman and set fire to more than 70 homes Tuesday as sectarian violence once again afflicted Myanmar’s Rakhine state in the immediate wake of a visit by President Thein Sein.

President Thein Sein is greeted by ethnic Rakhines as he arrives in the western state Tuesday. (Photo Courtesy of EPA)

Attacks were reported in several villages on the outskirts of Thandwe, an area where tensions have been mounting for days. Reports expect the number of causalities to continue to rise over the next few days.

Some 700 rioters, wielding swords and other weaponry, flooded the streets in Thabyuchaing, about 20 kilometers (12 miles) north of coastal Thandwe on Tuesday afternoon, said police officer Kyaw Naing. An elderly Muslim woman was stabbed, and later died from the wounds, in the ensuing clashes. Officer Naing estimated the number of houses set on fire at between 70 and 80.

Smoldering buildings — and several injured Buddhist Rakhines — were seen by The Associated Press in Shwe Hlay. A police officer, speaking on condition of anonymity because he did not have authority to talk to the media, said Linthi was similarly enveloped by rioters.

The two villages are about 17 kilometers (10 miles) from Thandwe.

The visit by Preisdent Thein Sein to the divided region was his first since violence broke out over a year ago. He arrived in the Rakhine state capital of Sittwe with a tight security unit early Tuesday morning, and was planning to travel to several more towns, including Maungdaw to the north and, on Wednesday, Thandwe to the south, said a senior official in the president’s office. Whether the plans remain intact has not been revealed yet.

He said Thein Sein “is going there to help find a long-term solution to the problem” and would meet with government officials and residents.

A strongsecurity presence failed to deter the attackers, and witnesses reported that soldiers and police made no efforts to step in. A 6 p.m. curfew was imposed.

Sectarian clashes that began in Rakhine in June 2012 have since evolved into an anti-Muslim campaign that has spread to towns and villages nationwide. So far more than 240 people have been killed and more than 140,000 have left their homes. The vast majority of them are Muslims.

Thein Sein, who has been otherwise praised for making efforts to transition from half a century of harsh military rule, has been criticized for failing to contain the unrest and protect the country’s embattled Muslim minority.

Many of those targeted so far have been ethnic Rohingya Muslims, considered by many in the country to be illegal migrants from Bangladesh, though many of their families arrived generations ago. But in this latest incident, the victims were Kamans, another Muslim minority group, whose citizenship has been long recognized.

The trouble began Saturday, when a Buddhist taxi driver alleged he’d been verbally abused by a Muslim shop owner while trying to park his vehicle. Hours later, rocks were thrown at the man’s home. By Sunday anger spread through the village, and two houses, owned by Muslims, were burned to the ground.

The violence has proven to be a major challenge for Sein’s government, which rights groups say has done little to crack down on the religious intolerance. Rights groups attest that he has failed to bridge a divide that has left hundreds of thousands of Muslims marginalized, many of them trapped in prison-like camps for those who have been “displaced.”

For more information, please see:

Reuters– Myanmar security forces battle to quell deadly sectarian unrest — 1 October 2013

Times of India– Buddhist mob kill 1, torch 70 homes in Myanmar — 1 October 2013

Herald Sun– Fresh unrest in Myanmar kills four — 1 October 2013

ABC News– Myanmar Hit by Fresh Round of Sectarian Violence — 1 October 2013

Bangkok Post– Violence shakes western Myanmar — 1 October 2013

Protests in Sudan Intensify

By: Dan Krupinsky
Impunity Watch Reporter, Africa

KHARTOUM, Sudan – Protests against Sudanese President Omar al-Bashir, representing the largest protests in the capital in years, are one of the most serious challenges yet to the president’s authority during his 24-years in office.

Anti-government protesters chant during a demonstration on Sunday. (Photograph: Khalil Hamra/AP)

In the latest wave of protests that have persisted for over a week, national security forces fired tear gas in an attempt to break up a demonstration held inside a women’s university in the capital on Monday.

The Associated Press is reporting that two students, speaking only on the condition of anonymity out of fear of retribution, told them in a phone call that hundreds of students were clapping and chanting in opposition of al-Bashir, until the building was inundated with tear gas.

“I saw students falling, fainting from the heavy gas. Ambulances rushed to the university,” said one of the students.

Protests, many of them deadly, have taken over several Sudanese cities since last Sunday, when the government lifted subsidies on gasoline, which resulted in a price increase that was almost doubled the price, and is expected to have a similar effect on other goods.

According to international rights groups, at least 50 protesters have been killed by government forces. Doctors and activists put the death toll higher, claiming that over 100 people have died so far. The government has acknowledged 33 deaths, including police officers.

“The protests will continue and will reach a general strike. This is our aim,” said Ghazi al-Sanhouri, a nephew of the dead protester, to The Guardian. “We will keep uncovering the regime’s brutal tactics in suppressing the protests by killings and atrocities.”

Additionally, journalists say that a media blackout has been imposed on them by the government, banning them from covering the actions.

“The government feels that its own existence is endangered and the press is playing a role in influencing public opinion…they want papers to turn into official gazettes that reflect only [the government’s] point of view with no criticism or negative feedback,” said Diaa Eddin Belal, editor-in-chief of al-Sudani newspaper, to The Guardian.

The government said on Sunday that it would give out payments to families in need, raise the minimum wage and boost public sector salaries, in an effort to please the frustrated and increasingly violent and irritable public.

Schools have been closed since for almost a week after high school students led protests against al-Bashir in different parts of the capital, and are expected to stay closed until late in October.

For further information, please see:

ABC News – Sudan Security Fires Gas at University Protest – 3o September 2013

Al-Jazeera – Sudan defends crackdown amid more protests – 1 October 2013

The Guardian – Sudan protesters call for president Omar al-Bashir to step down – 30 September 2013

New York Times – Sudan Erupts in Deadly Protests as Gas Prices Rise – 26 September 2013

Magnitsky Sanctions Briefing in Swedish Parliament Cancelled as a Result of the Swedish Government’s Refusal to Grant William Browder Safe Passage

PRESS RELEASE
For Immediate Distribution

30 September 2013 – Briefings in the Swedish Parliament on the Magnitsky
justice campaign have been cancelled as a result of the Swedish
Government’s refusal to provide a safe passage guarantee to William
Browder, the leader of the campaign.

The briefings were scheduled to take place in Stockholm last week.

Mr Browder’s campaign seeks to impose visa and financial sanctions in
Sweden and across the EU on Russian officials responsible for the
Magnitsky’s false arrest, torture and killing in Russian police custody.
Such sanctions have been already imposed by the United States Government
under the Sergei Magnitsky Rule of Law Accountability Act of 2012 passed by
the US Congress. Sergei Magnitsky was arrested after he blew the whistle on
the $230 million theft with the involvement of Russian officials. Some of
the same officials Sergei Magnitsky had implicated in his testimony, were
involved in his arrest.

The Russian authorities have responded angrily to Bill Browder’s campaign
for Magnitsky sanctions by convicting him in absentia along with late
Sergei Magnitsky himself in the first-ever posthumous trial in Russian
history. The Russian authorities have also opened a spurious criminal case
against Mr Browder alleging that he “stole” Gazprom shares and harmed
Russian economic security, justifying the case by a regulation that never
stipulated criminal liability and was repealed eight years ago.

Given the sentencing in absentia of Mr Browder to 9 years in prison by the
Russian authorities alongside with the posthumous prosecution of Sergei
Magnitsky, in advance of his visit to Sweden Mr Browder sought a formal
assurance that the Swedish government will not cooperate with Russian
requests to extradite Mr Browder on a Russian warrant and will not assist
with any other Russian requests.

In a surprising development, the Swedish Justice Ministry rejected Mr
Browder’s request and stated that “The Government or the Minister may not
intervene or give instructions in these cases.”

The Swedish refusal is in contrast to safe passage letters being issued by
the German government and the Dutch government earlier this year. It also
is contrary to the INTERPOL’s refusal to post worldwide search warrant
issued by the Russian Federation on 24 May 2013 for Mr Browder when
Interpol’s independent Commission for the Control of Files determined that
the Russian warrant should be refused because the case against Mr Browder
was of a “predominantly political nature”. Interpol’s General Secretariat
made a further announcement in July 2013 that Interpol cannot be used to
arrest Mr Browder.

Mr Browder was invited to come to Sweden by Swedish MP Mats Johansson. Mr
Johansson was also the author of a petition sent to the Swedish Prime
Minister on the Magnitsky Case in 2012
(http://russian-untouchables.com/rus/docs/D398.pdf) calling for sanctions
against the Russian officials responsible for Sergei Magnitsky’s death. The
petition was co-signed by Olle Thorell, a foreign affairs spokesperson from
Social Democrats party, and Kerstin Lundgren, from the Centre Party. The
petition was supported by 59 Swedish MPs from 7 parties. The Swedish
Government has so far ignored this parliamentary call for Magnitsky
sanctions.

“The Swedish government has refused to sanction to people who killed Sergei
Magnitsky, but are effectively sanctioning me in my fight to get justice.
The perception that Sweden is a country that fights for human rights is
profoundly challenged in the way the Swedish government is dealing with the
Magnitsky case,” said William Browder.

“Sweden should be supporting human rights activists with a just cause, not
hindering them. We should not be giving in to Russian pressure when
fundamental human rights issues are at stake,” said Mats Johansson, MP.

Mr Johansson was also one of the initiators of the Magnitsky Declaration at
the Parliamentary Assembly of the Council of Europe two years ago, which
was supported by 53 deputies from 29 countries (
http://assembly.coe.int/Mainf.asp?link=/Documents/WorkingDocs/Doc11/EDOC12744.htm
), calling upon the Russian government to cease the posthumous prosecution
of Mr Magnitsky and the intimidation of his family and to allow the family
access to his medical archive for an independent evaluation. Since then,
the Russian authorities prosecuted Mr Magnitsky posthumously, pressured his
relatives with summonses and questioning, and refused them access to his
medical archive.

For further information, please see:

Law and Order in Russia