News

Detained Journalists’ Lawyers Argue for Case Dismissal

By: Katherine Hewitt
Impunity Watch Reporter, Asia

YANGON, Myanmar – Court hearings have been taking place since January for two Reuters journalists that were arrested on December  12, 2017.  Myanmar officials arrested Wa Lone and Kyaw She Oo for obtaining state secrets from two police officers working in the Rakhine state.  The journalists had been working on a story in relation to the mass killings of Rohingya in the Rakhine state.

Wa Lone pictured after April 4, 2018’s case hearing. Photo Courtesy of Reuter/ Ann Wang.

So far, 17 witnesses gave testimony in court in 13 hearings that have taken place.  Lone’s and Oo’s lawyers say that the witnesses called forth by the prosecution are weak.  There are inconsistencies in the testimonies. Additionally, several procedural mistakes were revealed during the court sessions. Testimonies included a witness who burned notes from the time of the arrest, another who wrote the information down on his hand, and one who signed the search form before the section detailing the items seized had been filled in. The defense attorney has called for the dismissal of the case based on this.  The judge will decide at the next hearing on 11 April.

The prosecution team responded to the request to dismiss the case by stating that the information that the two journalist had was secret and that the journalist intended to hurt the country with that information. The defense team presented that that the prosecution could not establish that the information that the journalist obtained was secret as it had been published by both state and private media outlets.

Wa Lone told journalist after the court hearing, “We only did our work as reporters. I want the people to understand that and want to tell them that I never betrayed the country.”  She Oo said, “We followed the news and uncovered the Inn Din story. The reason why we did it is to give the vitally important information to the country.”

For more information please visit:

Reuters – lawyers for Reuters reporters argue for Myanmar court to dismiss case –  4 April 2018

Democratic Voice of Burma – Court hears arguments on motion to dismiss charges against Reuters duo – 4 April 2018

Washington Post -Lawyers ask Myanmar to dismiss case vs. Reuters journalists – 4 April 2018

Following Public Outcry, France Sets Legal Age of Consent

By: Jenilyn Brhel
Impunity Watch Reporter, Europe

PARIS, France – Lawmakers in France are in the process of formalizing the age of sexual consent after public outcry over two cases involving preteens.

Demonstrators Gather to Protect Sexual Abuse and Harassment in France. Photo Courtesy of Claude Paris.

France’s government has proposed new laws, one of which makes the age of sexual consent fifteen years. The legislation will be one of several measures taken by the government to combat sexual harassment and violence in the country.

The current law in France criminalizes sex with children under fifteen. However, prosecutors in those cases must prove that the sex was by force.

New measures also include increased prison sentences for perpetrators. There will  be on-the-spot street fines issued for sexual harassment. Repeat offenders will face increasing fines.

The bill will also present sanctions for online harassment.

Additionally, underage rape victims will be able to report sexual violence until they are 48 years old, ten years longer than the current limit.

Prison sentences for rape involving penetration will  increase from the current sentence of five years to ten years.

The push for new laws has gained momentum recently in France due to two high-profile cases involving eleven-year-old girls. The perpetrators in those cases, who were 28 and 30, were acquitted, causing an uproar in France and prompted the government to discuss tightening laws aimed toward combating sexual violence.

Marlene Schiappa, French Equality Minister, said that “we want to fix an age in the law below which it’s always forbidden to have sex with children, with young girls. Below which it’s always considered as a rape.”

President Macron supports the bills and hopes that the new laws ensure that “women are not afraid to be outside.”

In polls conducted in the country, ninety-two percent surveyed support extension of the statute of limitations, ninety percent support on-the-spot street fines and sixty-nine percent support setting the age of consent at fifteen years of age.

It is crucial that the laws of the republic make it clear that it is not allowed to harass or intimidate women…whether in the public space, on public transport or online” Schiappa said. “There can be no lawless zones.”

Age of consent laws vary internationally. Neighboring European countries such as the United Kingdom, Spain and Russia set the age of consent at 16, whereas in Germany, Italy and Hungary it is 14.

Fore more information, please see:

BBC News – France to set Legal age of Sexual Consent at 15 – 6 March 2018

CNN – France to set age of Sexual Consent at 15 After Rape Outcry – 6 March 2018

Newsweek – France to set age of Sexual Consent at 15, Paving way for Rape Charges – 6 March 2018

NPR – France Moves to Make 15 Legal age of Consent for sex – 6 March 2018

USA Today – French Bull Puts 15 as age of Consent for sex, Includes on-the-spot Fines for Harassment – 21 March 2018

Vietnam Jails Six Human Rights Activists

By: Brian Kim
Impunity Watch Reporter, Asia

HANOI, Vietnam – In Vietnam, six human rights activists were sentenced to between 7 and 15 years in jail. The activists were charged for “attempting to overthrow the state” on Thursday, April 5th, 2018. The sentenced imposed on the activists is the harshest sentence in years in Vietnam. All of them will face up to five years under house arrest when they are released from prison.

Human rights lawyer Nguyen Van Dai was sentenced to 15 years in prison on Thursday, April 5, 2018. Photo courtesy of Lam Khanh via REUTERS.

The six activists were connected to the Brotherhood for Democracy group. They were accused of pushing multi-party democracy and receiving money from overseas. Blogger Pham Van Troi, priest Nguyen Trung Ton, journalist Truong Minh Duc, entrepreneur Nguyen Bac Truyen, and human rights worker Le Thu Ha were all sentenced on Thursday.

The Hanoi People’s Court gave Nguyen Van Dai, a human rights lawyer, the longest sentence for “trying to overthrow the people’s administration.” He was sentenced to 15 years in prison. Ms Vu Minh Khanh, Dai’s wife, expressed her disappointment with the trial. She claims that “he is innocent and he pleaded innocent at the trial.”

Since the end of the Vietnam War in 1975, the Communist Party of Vietnam has ruled the country. Although the country has been reforming its economy and its social policies, the government retains a tight grip on media censorship.

Amnesty International believes that there are around 97 prisoners being held in jail for their human rights work in the country.

On the recent actions taken by the Vietnamese government, the United States State Department stated that “the United States is deeply concerned by the Vietnamese government’s efforts to restrict these rights, through a disturbing trend of increased arrests, convictions, and harsh sentences of peaceful activists.” Moreover, the spokesperson went further by stating that “individuals have the right to the fundamental freedoms of expression, association, and peaceful assembly, both online and offline.”

CNN – Six activists jailed in Vietnam amid crackdown on dissent – 5 April, 2018

The Guardian – Vietnam jails six activists for up to 15 years for trying to ‘overthrow state’ – 5 April, 2018

The Straits Times – Vietnam jails human rights lawyer, five other activists – 6 April, 2018

Measles outbreak in Venezuela’s indigenous community

By: Emily Green
Impunity Watch Reporter, South America

CARACAS, Venezuela – An outbreak of measles struck an indigenous tribe in a remote jungle region of eastern Venezuela. Sources report that somewhere between 50 and 70 children have died as a result.

A Warao boy from Venezuela at a shelter in Pacaraima. Image Courtesy of Eraldo Peres.

Armand Obdola, head of the Kape Kape NGO, has been recording the deaths of the Warao indigenous community in the state of Delta Amacuro. He says children of this community have been dying since the beginning of the year. He reports, “the propagation started in early January and we are calling for a health alert. The most recent deaths were of six children, but since January the toll is 54.”

Measles is a highly contagious viral disease that usually affects children and is preventable with vaccination. Latin America was declared free of measles in 2016 after a massive, decades-long campaign. However, it has come back with a vengeance. Venezuela has the highest number of confirmed cases among the nine Latin American countries. The country reported 159 deaths in the first three months of 2018. Also, the Pan American Health Organization reports that Venezuela has seen 886 cases of measles since June.

Venezuela’s economic crisis has been a source of blame for this outbreak. A critical shortage of medicine leaves doctors and nurses unprepared to fight the illness. Jose Felix Oletta, who used to be minster of health and runs a nonprofit, said the country is incapable of providing even basic medical attention. He calls the outbreaks “clear examples” of how basic health programs have broken down. Correspondingly, the National Survey of Hospitals found that 88% of the 134 medical centers in Venezuela were missing basic medicines, while 100% of centers said their pathology labs were inoperative.

Also, it is becoming increasingly difficult to access the affected areas. The Warao settlements are located on the Orinoco River which is an eight-hour trip from the regional capital Tucupita. Obdola explained that it is often impossible to reach a sick person because the boats do not have fuel. His colleague at the NGO, Naveda, says “the indigenous people are populations that are adrift. They are almost waiting for death.”

Obdola says that authorities have done nothing in response despite the seriousness of the situation. However, Venezuela’s Health Minister Luis Loez said that Maduro’s government is fine-tuning details for the launch of a national vaccination plan for diphtheria, measles and yellow fever.

The second biggest outbreak is in Brazil with 14 confirmed cases, all of them imported from Venezuela. The Pan American Health Organization reported that “all confirmed cases were reported in unvaccinated Venezuelan citizens between the ages of nine months and 18 years.” Colombia has also attributed its three cases of measles to Venezuelan refugees.

For more information, please see:

The Economic Times – At least 54 children dead in Venezuela measles outbreak: NGO – 6 April 2018

News24 – At least 70 children dead in Venezuela measles outbreak – 6 April 2018

The Times – Return of measles is blamed on Venezuela – 29 March 2018

Washington Post – Brazil struggles to care for Venezuela’s indigenous Warao – 27 March 2018

Miami Herald – A measles outbreak in ailing Venezuela is threatening Colombia  and Brazil – 26 March 201

L.A. County Sheriff’s Deputy Charged with Sexually Assaulting Six Inmates

By: Karina Johnson
Impunity Watch Reporter, North America

LOS ANGELES, California — On Wednesday, September 13, 2017, a Los Angeles County sheriff’s deputy was initially arrested for allegedly sexually assaulting two inmates at the Century Regional Detention Facility.  As of February 21, 2018, Giancarlo Scotti has been charged with sexually assaulting a total of six inmates and faces six felony counts and two misdemeanor counts of sexual activity with a detainee in a detention facility.

The Century Regional Detention Facility in Lynwood, California is part of the United States’ largest jail system and has an average population of 2,500 inmates. Photo Courtesy Gabriel Bouys, Getty Images.

As a matter of state and federal law, inmates cannot legally consent to sexual intercourse with jail staff while detained.

Two of the former inmates—who have since been released from jail—have also filed a federal civil rights lawsuit against the LA County Sheriff’s Department.  Their attorney, Justin Sterling, issued a statement to ABC 7 News about the charges against Scotti: “This tragedy is about more than one rogue cop. [. . .] As just one example of systematic failure, a federal law designed to prevent the sexual abuse of inmates requires local jails to undergo an audit. The LA County Sheriff’s Department has admitted that none of the jails it operates have undergone this federally mandated audit.”  A month after Scotti’s arrest, he was accused of assaulting a third inmate.

When the initial charges were filed in September 2017, no LA County jail had been audited under the 2003 Federal Prison Rape Elimination Act (PREA).  In October, an independent review was conducted at the request of the LA County Sheriff’s Department and found that the Century Regional Detention Facility, as well as six other detention centers, failed to meet any of the federal standards under PREA.  An interim report released to the Los Angeles Times showed that jail staff is untrained in how to respond to victims of sexual assault or preserve evidence in instances of sexual assault. According to the report, “At least two Century Regional Detention Facility inmates revealed that allegations of sexual abuse and sexual harassment had been made to staff and summarily ignored.”  Jail officials also failed to provide documentation to auditors supporting their claim to not hire anyone with a history of prior sexual misconduct.

The Sheriff’s Internal Criminal Investigations Bureau launched an investigation into Scotti in November 2017 and identified three additional inmates assaulted by Scotti. Detectives for the investigation interviewed 150 witnesses and submitted the case to the district attorney’s office in December.

Giancarlo Scotti has worked in his department for over ten years.  He remains on paid administrative leave pending an October 2018 court appearance, and if convicted of all charges, may be sentenced up to seven years and four months in a state prison.

Similarly, in New York, lawmakers have proposed State Bill S7708 which explicitly states that anyone under arrest or otherwise detained by law enforcement is incapable of giving consent.  This bill follows the September 28, 2017 incident where two plainclothes NYPD officers claimed that they had consensual sex with an 18-year old they had arrested.

For more information, please see:

Los Angeles Times – L.A. County women’s jail lags behind national standards on preventing sexual abuse, report finds – 1 April 2018

New York Daily News – State lawmakers pass bill barring cops from having sex with detainees – 31 March 2018

Los Angeles Times – Read the preliminary report about Century Regional Detention Facility and prison rape – 29 March 2018

Newsweek – Los Angeles Sheriff’s Deputy Charged With Sexually Assaulting 6 Inmates At Women’s Facility – 22 February 2018

ABC 7 News – LA County sheriff’s deputy charged w/ sexually assaulting 6 female inmates at Lynwood facility – 21 February 2018

Los Angeles Times – L.A. County sheriff’s deputy charged with sexually assaulting 6 female inmates – 21 February 2018

Los Angeles Times – Deputy accused of sexually assaulting a third inmate inside Lynwood jail – 1 November 2017

Los Angeles Times – Sheriff’s deputy arrested on suspicion of sexually assaulting 2 inmates – 14 September 2017