News

Gadhafi Son Held by Militia Misses Court Date in Tripoli

By Erica Smith
Impunity Watch Reporter, Africa

TRIPOLI, Libya — The son of Libya’s former dictator, Moammar Gadhafi, missed a court hearing Thursday because the militia holding him refused to send him to Tripoli. The militia is reluctant to give up Gadhafi’s son because they view him as a trophy and bargaining chip with a central government that they do not trust and view as failing.

Saif al-Islam Gadhafi in court in Zintan. (Photo courtesy of Voice of America)

Seif al-Islam Gadhafi appeared at a separate hearing held in the town Zintan where the militia has been holding him since the end of the civil war. A judge at the hearing in Zintan postponed the trial until December due to a lack of evidence.

The charges Gadhafi faces in Tripoli are separate from the charges facing him in Zintan. In Zintan he is charged with “harming state security” because he gave sensitive information to an ICC attorney. In Tripoli and the Hague the charges are the more serious crimes against humanity related to events during the eight month civil war in 2011. The Tripoli trial also involves 38  former regime members including spymaster Abdallah Senoussi.

Al-Seddik al-Sur of the state prosecutor’s office told news media Thursday that authorities have asked for “justification” as to why Gadhafi was not transferred from Zintan.

Gadhafi has said that he wishes to stay in Zintan as “Zintan is part of Libya and I don’t have a desire to move to anywhere else.” It is believed that the militia in Zintan is in league with tribal groups that made up the base of support for Gadhafi’s father.

International rights groups have voiced concern about trial conditions facing Gadhafi. Amnesty International issued a plea on Wednesday that Gadhafi be handed over to the International Criminal Court (ICC) to face charges there.

“It is understandable that the authorities may want to proceed promptly and try these individuals in Libya. But such trials today will not serve justice…Libya’s justice system is in desperate need of an overhaul. There are serious concerns about the authorities’ ability to ensure fair trials compounded by the precarious security situation in the country. Both men should be handed over to the ICC immediately,” Amnesty said in their release.

This summer, judges at the ICC ruled that Gadhafi could not have a fair trial in Tripoli and asked that he be handed over to the Hague. Libya is appealing the ruling.

For further information, please see:

CNN — Libya Civil War Fast Facts — 20 September 2013

Fox News — Libya trial of Gadhafi’s son over “harming state security” postponed until December — 19 September 2013

Voice of America — Gadhafi Son Appears in Court in Tribal Stronghold — 19 September 2013

Abc News — Held by Militia, Gadhafi Son Misses Libya Hearing — 18 September 2013

Narharnet — Amnesty Urges Gadhafi Son Handover before Libya pre-Trial — 18 September 2013

 

 

EULEX Officer Shot and Killed by Unknown Assailants in Northern Kosovo

By Ben Kopp
Impunity Watch Reporter, Europe

PRISTINA, Republic of Kosovo – Unknown gunmen killed a EULEX police officer after shooting at his vehicle. A murder investigation has been opened in the northern region of Kosovo, where the death occurred.

EULEX vehicle fired upon, killing one officer. (Photo courtesy of Reuters)

In 1999, NATO ended the massacre and expulsion of ethnic Albians from Kosovo. Although 2008 saw Kosovo declare independence from Serbia, the Serb government rejected the secession and exerted control over the northern strip of Kosovo, which consists of 50,000 Serbs. Around the time of Kosovo’s independence, the EU deployed its largest ever civilian mission: the EU Rule of Law Mission (EULEX).

Approximately 100 countries and the United States recognize Kosovo as an independent country. However, UN Security Council veto-holder and Serbian ally, Russia has continued to block Kosovo’s entry to the United Nations.

In April 2013, Serbia agreed to cede its control over Kosovo’s northern Serbs in order to boost its status with the EU. In that region, the ethnic Serb minority has grown increasingly nervous over their anticipated integration with the rest of Kosovo and its Albian majority. As such, Serb leaders in northern Kosovo have called for a boycott of the November elections.

On 19 September 2013, in a northern region of Kosovo near Municipality Zvecan, gunmen opened fire on two EULEX vehicles and fatally shot Audrius Senavicius, a Lithuanian man serving with EULEX. A Czech officer with Senavicius was hospitalized. This is the first death in the EU’s mission since it began in 2008, even though recent years have seen criminal gangs working with near-impunity. Indeed, EU officials reported that recent months have been calm.

The attack follows the acquittal of Fatmir Limaj and nine others accused of war crimes related to the 1998 killings of Serbian and Albanian civilians. Two EULEX judges and one Kosovo judge ruled that a diary on the alleged war crimes was unreliable because it contained inconsistent and contradictory information.

According to the Serbian government’s pointman for Kosovo, Aleksander Vulin, those responsible for the officer’s death are “the greatest foe of the Serbs and the Serbian state.”

Secretary-General Ban Ki-moon and his top envoy in Kosovo strongly condemned the attack, and urged that those responsible be brought to justice. In a statement, Ki-moon stressed “the importance for all concerned to cooperate with the investigation and ensure security and freedom of movement of EULEX and other international presences in the implementation of their respective mandates.”

Farid Zarif, the Secretary-General’s Special Representative in Kosovo, stated that “this abhorrent act of violence is a direct assault on the principles of peace, justice and civility that international missions are in Kosovo to serve. Any attack against representatives of the international community is an attack on the international community as a whole.”

Additionally, to ensure that investigators do their work unobstructed, the Secretary-General’s envoy urged the world to avoid speculation about motives or identities of those responsible.

For further information, please see:

BBC News – EU Police Officer Killed in Kosovo – September 19, 2013

CNN International – EU Officer Killed in Kosovo Shooting – September 19, 2013

InSerbia – Kosovo: EULEX Staff Member Audrius Šenavičius Killed Near Zvecan – September 19, 2013

Reuters – EU Police Officer Shot Dead in Kosovo, Testing Fragile Accord – September 19, 2013

UN News Centre – Kosovo: UN Officials Strongly Condemn Fatal Attack on European Union Convoy – September 19, 2013

Wall Street Journal – EU Customs Officer Dies Amid Gunfire in Kosovo – September 19, 2013

Human Rights Watch – Dispatches: For Kosovo Victims, No Justice Yet – September 18, 2013

RadioFreeLiberty/RadioEurope – Former Kosovo Rebel Commander Cleared of War Crimes – September 17, 2013

U.N. Report Calls For International Action Against North Korean Human Rights Abuses

By Brian Lanciault

Impunity Watch Reporter, Asia

PYONGYANG, North Korea– United Nations experts investigating human rights conditions in North Korea announced Tuesday that the “shocking” evidence they had collected from defectors and others suggested “large-scale” patterns of abuse. They called for an immediate international response.

Chair of the Commission of Inquiry on Human Rights in the Democratic People’s Republic of Korea Michael Kirby presents new findings of human rights abuses in North Korea. (Photo courtesy United Nations)

The Human Rights Council initiated the investigation in an attempt to bring greater attention to allegations of abuse at the North’s infamous gulags. Tales of abuse have been spilling out for years as more people have escaped the brutal police state. Until recently, world leaders, including the United States, had focused on attempts to dismantle the North’s nuclear weapons program, paying little mind to the alleged abuse.

The chairman of the three-member Commission of Inquiry, Michael Donald Kirby, told reporters that the testimony he heard regarding abuses evoked reactions similar to the discovery of concentration camps after World War II.

He cited the statements of a former prisoner who reported seeing another woman forced to drown her baby in a bucket, and the account of one man who said he was forced to collect and burn the bodies of prisoners who died of starvation. Experts say the number of prisoners in these camps has declined in recent years to an estimated 120,000 or fewer from a possible high of 200,000; however that might be partly attributable to high mortality rates in the camps.

“The great value” of the report, said Eileen Chamberlain Donahoe, a United States ambassador to the Human Rights Council, is that “it has begun to shed light on the horrifying realities of life in North Korea and raise international awareness of the ongoing tragedy and barbaric conditions there.” She also said the findings demonstrated a “small but significant crack” in the North Korea’s “information blockade.”

The findings of the three-member Commission were part of an interim report to the council; the final report in March is expected to be presented to the United Nations General Assembly.

It is unclear yet what actions the United Nations might take, if any. A referral to the International Criminal Court for human rights abuses would need approval from the Security Council, which includes North Korea’s greatest ally, China.

Although China did not oppose the investigation, a senior Chinese diplomat in criticized the interim findings. “Politicized accusations and pressures are not helpful to improving human rights in any country,” Chen Chuandong said, according to Reuters. “On the contrary, they will only provoke confrontation and undermine the foundation and atmosphere for international human rights cooperation.”

Mr. Kirby said the panel had submitted multiple requests seeking cooperation and access to North Korea, including a letter to the country’s leader, Kim Jong-un. The Pyongyang regime responded that it “totally and categorically rejects the Commission of Inquiry.”

A senior North Korean diplomat in Geneva, Kim Yong-ho, said Tuesday that the evidence suggested by the panel had been “fabricated and invented” by North Korea’ enemies, and dismissed the commission as “a hotbed of confrontation and distrust.”

Mr. Kirby said that he had invited North Korea to provide hard evidence that refuted any of the testimony received, but that none was forthcoming.

For more information, please see:

New York Times — U.N. Panel Urges International Action on North Korean Human Rights Abuses — 17 September 2013

Rappler — UN probe exposes shocking North Korea rights abuses — 18 September 2013

Reuters — North Korea rejects U.N. rights report political — 17 September 2013

ABC News — Michael Kirby delivers scathing assessment of North Korea human rights abuses to UN — 17 September 2013

BBC — North Korea: UN rights probe shows ‘unspeakable atrocities’ –17 September 2013

 

ICC Judge Warns Media After Attempt to Expose Witness Indentity in Ruto Trial

By: Dan Krupinsky
Impunity Watch Reporter, Africa

THE HAGUE, Netherlands — The International Criminal Court (ICC) issued a stern warning to the media on Wednesday, after the identity of a witness in Kenyan Deputy President William Ruto’s trial was apparently exposed on social media.

William Ruto in court at the ICC. (Courtesy: ICC-CPI on Flickr, Human IPO)

The woman, who was to be known only as Witness 536 for her protection, took the stand on Tuesday as the first witness for the prosecution in the trial of Ruto, accused of crimes against humanity. She testified about an attack in January 2008 by a mob on a church in Kenya’s Rift Valley region, which she and her children survived. The incident left at least 28 people dead.

Because of safety concerns, she testified from behind a curtain, and her image was pixilated and voice distorted on the court video.

However, after her testimony on Tuesday, which was broadcast live on Kenyan TV, speculation began about her true identity on Twitter and other Internet sites. By Wednesday, numerous Twitter posts had supposedly identified her, and one Kenyan blogger and the website of a tabloid newspaper published photographs supposedly of the witness.

The woman in the photograph was identified by name, but the name attributed to her was different than the actual name of the woman in the photograph. So, while the woman in the photograph is not Witness 536, it is still unclear if the reported name of the woman is accurate. But the woman whose photograph is being circulated has asked for police protection.

“The photograph is mine but I have nothing to do with the ICC cases. I am not a witness in any case,” the woman said.  “Some began condemning me for going to The Hague to testify even without asking me whether it was true I had gone to testify. I am in shock.”

The woman in the photograph was one of the survivors of the attack on the church, which is likely why she was mistakenly believed to be the witness.

On Wednesday, Presiding judge Eboe Osuji issued a warning to the media that anyone who acts to expose the identities of witnesses in the case will be held in contempt of court, and may face prosecution.

“Let me warn everybody: bloggers, journalists or anyone else intimidating witnesses, that you will be investigated and prosecuted,” Osuji said.

“Revelation of identity of a witness protected by the court is an offense and considered as contempt of court.”

The possibility that the protected identity of a witness has been uncovered after only one day of testimony will undoubtedly make an already difficult case for prosecutors even harder.

Claims by ICC prosecutor Fatou Bensouda of witness intimidation were already being investigated. Because of the controversial nature of the case, many potential witnesses were already scared to come forth. Four witnesses withdrew just before the trial began, with several more following before the prosecution even began its case.

For more on the charges and accusations, please read earlier reports from Impunity Watch.


For further information, please see:

All Africa – ICC Judge Warns Against Exposing Ruto Trial Witnesses – 18 September 2013

BBC – William Ruto trial: Kenyan’s fears over witness claims – 19 September 2013

Human IPO – ICC judge warns Kenyan media and bloggers against exposing Ruto trial witnesses – 19 September 2013

News24 – ICC warns journos after Kenya witness ‘outed’ – 19 September 2013

News Observer – Branded an ICC witness, Kenya woman fears for life – 19 September 2013

UPI – ICC judge: Witnesses names to be kept out of media – 19 September 2013