News

Panama Charges North Korean Freighter Crew With Arms Trafficking

By Ellis Cortez
Impunity Watch Reporter, South America

PANAMA CITY, Panama – Panamanian authorities have charged the crew members of a North Korean ship, the Chong Chon Gang, detained at the Panama Canal after it was found to be carrying weapons.

North Korean ship
A Panamanian police officer stands guard aboard the North Korean-flagged freighter Chong Chon Gang. (Photo Courtesy of Arnulfo Franco / AP)

Police authorities found a large supply of outdated Soviet-era weapons systems, and two MIG fighter jets buried beneath 200,000 bags of Cuban brown sugar. The ship’s crew, armed with what officials called sticks, tried to fend off Panamanian marines investigating whether the vessel was carrying contraband. They forcefully resisted being boarded and sabotaged the ship’s cranes to make the search and cargo movement more difficult. The captain was also reported to have attempted suicide during the confrontation.

State prosecutor Javier Caraballo accused the 35 crew members of endangering public security by attempting to traffic undeclared weapons. Caraballo also reports that the weapons trafficking charges could result in sentences of up to six years if the crew members are tried and convicted. The crew was expected to remain in detention while the Panamanian authorities finished unloading the vessel, which could take days.

The 450-foot Chong Chon Gang had been awaiting permission to cross the canal for the voyage home after a visit to Cuba. The ship was impounded on July 14th, and on July 17th North Korea asked Panama to release the ship and its crew. A statement by the North Korean Foreign Ministry asserted that the ship had been transporting the Cuban weapons to North Korea for refurbishment under a legitimate contract. The North Korean statement also criticized Panama for using what it called the pretext of searching the vessel for narcotics and for Panama’s violent treatment of the crew.

The Cuban government admitted being behind the supply of weapons found on board the ship. They said the weapons were Soviet-era arms from Cuba headed for repair and upgrading in North Korea. The Cuban foreign ministry said the Chong Chon Gang was carrying two anti-aircraft missile batteries, nine missiles in parts and spares, two MiG-21bis fighter planes and 15 MiG engines.

Panama has requested that the United Nations Security Council investigate whether there has been a breach of the sanctions against North Korea. The United Nations sanctions prohibit the supply of arms to Pyongyang in the dispute over its controversial nuclear program.

Panama’s Security Minister Jose Raul Mulino said the ship and its cargo had broken Panamanian and international law. “This is not an official or military ship belonging to the North Korean government. It’s a commercial ship which wanted to pass through the Panama canal with a [cargo] declaration which failed to reflect what it was carrying, turning a blind eye to the fact that its cargo could be violating UN resolutions,” he said.

For more information please see:

Los Angeles Times Panama charges ‘contentious’ North Korean crew with arms trafficking 18 July 2013

BBC Panama charges North Korea weapons ship’s crew 18 July 2013

New York Times Panama Charges North Korean Freighter Crew 18 July 2013

La Prensa El buque norcoreano transportaba un radar de control de tiro, según Jane’s   17 July 2013

Gay Rights Activist Killed and Tortured in Cameroon

By Erica Smith
Impunity Watch Reporter, Africa

YAOUNDE, CameroonLembembe was the executive director of the Cameroonian Foundation for AIDS (CAMFAIDS), which campaigns for AIDS sufferers in the country. Lembembe was an outspoken activist for the rights of lesbian, gay, bisexual, transgender, and intersex people.

Eric Ohena Lembembe (photo courtesy of 76Crimes.com)

 

Mr. Lembembe’s body was found by his friends Monday evening after he had not answered phone for two days. His friends founds his door padlocked from the outside but could see his body laying on a bed. The police were called and the door was kicked in. According to a witness, Lembembe’s neck and feet appeared to have been broken, and his face, hands, and feet had been burned with an iron.

Mr. Lembembe was one of Cameroons most well known gay rights activists. With CAMFAIDS he worked with Human Rights Watch (HRW), Alternatives-Cameroun, and the Association for the Defense of Homosexuals (ADEFHO), in researching and launching a March 2013 HRW report on prosecutions for consensual same-sex conduct. He and CAMFAIDS also meticulously documented arrests and violence against LGBTI people in Cameroon. Lembembe was also a contributor to the blog “Erasing 76 Crimes” and authored chapters in From Wrongs to Gay Rights about LGBTI rights around the world.

Homosexuality is punishable by a 5-year prison sentence in Cameroon. When anti-LGBTI prosecutions began to increase in Cameroon starting in 2005, Lembembe was one of the first to criticize the actions and shed light onto the issue. Lambembes death comes on the heels of other human rights organizations attacks in Cameroon in recent months.

The motive for his killing his unknown at this time but it is widely believed and speculated that he was murdered because of his sexuality and his work campaigning for LGBTI rights. “We don’t know who killed Eric Lembembe, or why he was killed, but one thing is clear: the Cameroonian authorities’ utter failure to stem homophobic violence sends the message that these attacks can be carried out with impunity,” said Neela Ghoshal from Human Rights Watch. “The police should not rest until the perpetrators of this horrific crime are brought to justice. President Biya should break his silence on the wave of homophobic violence in Cameroon and publicly condemn this brutal attack.”

There is fear among human rights groups that Lembembe’s murder will not be fully investigated by the police. “The friends who found Lembembe’s body have made a statement to the police, but at this point it’s hard to tell whether the police are really investigating,” said Ghoshal.

UNAIDS and the US Department of State both issued statements condemning the murder and urging Cameroonian authorities to fully investigate the case and speak out against violent actions taken toward LGBTI people.

 

For more information, please see:

Guardian — Cameroon gay rights activist found tortured and killed — 18 July 2013

UNAIDS — UNAIDS condemns killing of AIDS activist Eric Lembembe — 17 July 2013

Voice of America — Cameroon Urged to Assure Protection Following Death of Gay Activist — 17 July 2013

Advocate — Gay Rights Activist Killed in Cameroon — 16 July 2013

Human Rights Watch — Cameroon: LGBTI Rights Activist Found Dead, Tortured — 16 July 2013

U.S. Department of State — Murder of Cameroonian LGBT and AIDS Activist Eric Ohena Lembembe — 16 July 2013

 

 

 

Mayoral Candidate’s Release Pending Appeal Makes Unclear Whether Putin Wants Navalny Put out of Political Process

By Ben Kopp
Impunity Watch Reporter, Europe

MOSCOW, Russia – Anti-Putin blogger and Moscow mayoral candidate Aleksei Navalny is released from detention pending an appeal of his five-year prison sentence. Deputy Director Rachel Denber of the Europe and Central Asia Division at Human Rights Watch stated that she was shocked at Navalny’s sentence, but not his guilty verdict.

Aleksei Navalny and Pyotr Ofitserov released from detention, pending appeal of their embezzlement convictions. (Photo courtesy of Reuters)

Aleksei Navalny is considered a charismatic Russian blogger and anti-corruption activist who, in November 2010, claimed that an embezzlement scheme drained a state-owned oil pipeline company of $4 billion. Russian President Putin and the head of the company denied Navalny’s allegations.

In 2009, as an advisor to the Kirov Regional Governor, Navalny allegedly imposed a deal on a state-owned company, Kirovles. The resulting contract required that timber be supplied through a commercial intermediary. Navalny’s old acquaintance, Pyotr Ofitserov owned the intermediary company. Prosecutors charged Navalny and Ofitserov with embezzling over $500,000 from the state.

Although an initial investigation found Navalny not at fault, head of the Investigative Committee, Alexander Bastrykin re-opened the case after Navalny released several documents suggesting that Bastrykin acquired a right to reside in the Czech Republic based on property unknown to Russian officials.

On 17 July 2013, Navalny became officially registered as a mayoral candidate in Moscow’s September 8 elections. The following day, a trial court found Navalny and Ofitserov guilty of embezzlement. Navalny received a five year sentence, and Ofitserov four years.

In Moscow, between 2500 and 5000 activists appeared to protest the conviction. Across Russia’s nine time zones, 25 similar rallies were reported.

Human rights activists quickly drew parallels between Navalny in Russia and Edward Snowden in the US.

“Of course, there were other cases that made that parallel obvious,” said Rachel Denber, deputy Europe and Central Asia director for Human Rights Watch. “On the day before Snowden met human rights groups in Moscow airport, Russia found Sergei Magnitsky guilty of tax fraud, after he died. And Magnitsky was also a whistleblower. It’s certainly a dark day today. We knew that it was going to happen, but that doesn’t prepare you for the shock of seeing him led away in handcuffs.”

However, the prosecutors who argued to place Navalny in detention soon argued to release Navalny and Ofitserov until their appeals were decided. While Navalny thanked the protestors who “forced them to release Pyotr” and himself, analysts saw the prosecutors’ change of heart more likely the result of Navalny’s mayoral candidacy, which ends if he is imprisoned.

“For now, he is still a candidate — he can campaign, his headquarters can work. Even the Moscow Election Commission has said this on the basis of the law,” explained Russian election-law expert Leonid Kirichenko. Nevertheless, if upheld, Navalny’s conviction would bar him from holding public office.

Currently, Navalny is the strongest Putin opponent, and is speculated to become a presidential candidate if elected mayor.

Absent an upheld conviction, Navalny will have difficulty showing that Putin himself wants to remove Navalny as opposition. With a conviction, such showing is a fruitless endeavor.

For further information, please see:

RadioFreeEurope Radio Liberty – Criticism of Navalny Trial Pours in from Russia, West – July 20, 2013

Bloomberg BusinessWeek – Putin Foe Navalny Vows Battle for Power on Return to Moscow – July 20, 2013

CNN International – What’s Behind Conviction of Russian Opposition Activist Aleksei Navalny? – July 20, 2013

Reuters – Navalny Embodies Generation of Rebellious Russians – July 20, 2013

RadioFreeEurope Radio Liberty – News Analysis: Twists in Navalny Case Leave Heads Spinning – July 19, 2013

Huffington Post UK – Alexei Navalny Jailed: Fury in Moscow as Demonstrators Protest Five-Year Sentence – July 18, 2013

RadioFreeEurope Radio Liberty – Explainer: What Comes Next for Aleksei Navalny? – July 18, 2013

Telegraph – Anger as Russian Activist Aleksei Navalny is Sentenced to Five Years – July 18, 2013

Dubai: Norwegian Woman Who Reported Rape Sentenced to 16 Months in Prison

By Thomas Murphy
Impunity Watch Reporter, Middle East

DUBAI, United Arab Emirates – In March, Marte Deborah Dalelv, a 24-year-old Norwegian woman, was on a business trip when she reported to Dubai police that she was raped by a colleague.  This week, she was sentenced to sixteen months imprisonment after a United Arab Emirates court convicted her of extra marital sex, drinking alcohol, and perjury.  The ruling was immediately appealed, which means the sentence is delayed until after her appeal is heard on September 5th.

The beautiful city of Dubai has proven unkind to female sex crime victims. (Photo Courtesy of Alamy)

When she reported the rape, police did not believe her and instead threw her in jail and confiscated her passport.  It wasn’t until four days later that she was allowed to call home and alert her parents to the situation.

“She called after four days in jail and told me that she had been raped and was in jail. I was totally shocked,”  said Stefar Toregier Furesund, the woman’s father, who has visited his daughter several times since the arrest.

Dalelv’s employer, The ONE Total Home Experience, was aware that she was imprisoned in Dubai, but neglected to inform the her parents.  Then, the company terminated her employment because of what it deemed “unacceptable behavior”.  The ONE has refused to comment on the matter despite harsh criticism.

The victim’s parents notified Norwegian authorities of their daughter’s arrest and their foreign consulate was able to secure her release to the Norwegian Seamen’s Church in Dubai.  Dalelv has lived with the Church for the past six months while she awaited trial.

“This verdict flies in the face of our notion of justice,” said Foreign Minister Espen Barth Eide. “It appears very odd that a person who reports rape is convicted for crimes that in our part of the world are not considered crimes.”

Under UAE law, a rape conviction requires either a confession or four adult, male witnesses to the attack.  The alleged rapist has been sentenced to only thirteen months in prison for having sex outside of wedlock.

The UAE has seen similar cases arise over the past few years.

In December, a 28-year-old British woman who was reportedly kidnapped and raped by three men was found guilty of drinking alcohol without a license.

In 2010, an 18-year-old Emirati woman reported that she was gang-raped by six men, but she was sentenced to one year in prison for having sex outside of marriage.

In 2008, an Australian woman reported that she was drugged and gang-raped, but was sentenced to a year in prison for having sex outside of marriage and drinking alcohol.  Her sentence was pardoned after eight months, but so were the men that raped her.

Human Rights Watch has called for the UAE to reform its rape laws and has accused the country of condoning sexual violence.

For further information, please see:

Local – Norway slams Dubai jailing of rape victim – 18 July 2013

NRK –There is no forgiveness for such behavior  – 18 July 2013

USA Today –Dubai imprisons Norwegian woman who reported rape – 18 July 2013

Daily Mail – Norwegian woman who reported being raped in Dubai is jailed for 16 months – 17 July 2013

NRK – Reported rape – was sentenced to prison in Dubai – 17 July 2013

Judge Refuses to Dismiss “Aiding the Enemy” Charge Against Manning

by Michael Yoakum
Impunity Watch Reporter, North America

WASHINGTON, D.C., United States – A military judge Thursday denied a motion by Army Private First Class Bradley Manning’s attorneys to dismiss the key charge of “knowingly aiding the enemy.”  This charge is the most severe of the more than twenty charges levied against Pfc. Manning, who now faces a potential sentence of life in prison.

Pfc. Manning, 25, being escorted to his trial before Judge Colonel Denise Lind, who sits as judge and jury his case. (Photo courtesy of Associated Press)

Pfc. Manning made headlines in May 2010 when he was arrested in connection with the leaking of classified military to the information disclosure system WikiLeaks.

Pfc. Manning most notably provided a video, named “Collateral Murder” when it was released by WikiLeaks, which showed an American helicopter firing on a group of men in Baghdad which included two Reuters journalists.  “Collateral Murder” is widely viewed as the video that garnered WikiLeaks fame with free information supporters and infamy with national security proponents.

In the motion hearing Thursday, prosecutors presented evidence that information leaked by Pfc. Manning and posted on WikiLeaks ultimately ended up in computer networks owned by former Al-Qaeda leader Osama bin Laden.  The LA Times reported that Captain Angel Overgaard said in the hearing “[Pfc. Manning] knew exactly what he was doing in exposing that information.  The enemy was looking for this specific information.”

The Obama administration came under fire following Judge Col. Lind’s decision with many accusing the President of trying to deter whisteblowers.  Judge Col. Lind asked prosecutors on two separate occasions whether they would have prosecuted Pfc. Manning if he had leaked information to The Washington Post or the New York Times.  Prosecutors assured the Judge that they still would have prosecuted Pfc. Manning.

Many whisteblower advocates worry that Judge’s decision Thursday means that any classified information that ends up online could be met with charges of “aiding the enemy.” Ben Wizner, an attorney for the American Civil Liberties Union, told the Washington Post “By pressing forward with this dangerous and overbroad legal theory, the government has virtually ensured that any conviction of Manning will be vulnerable on appeal.”

Wizner went on to say that the “aiding the enemy” charge was designed to “transform what was widely seen around the world as a valuable leak into treason.”

For more information, please see:

BBC News – Wikileaks accused Bradley Manning loses challenge to most serious charge – 18 July 2013

CBS News – Judge won’t dismiss most serious charge against Bradley Manning in WikiLeaks case – 18 July 2013

LA Times – Bradley Manning must face aiding-enemy charge, military judge rules – 18 July 2013

The Guardian – Bradley Manning trial judge refuses to drop ‘aiding the enemy’ charge – 18 July 2013

The Washington Post – Judge in Bradley Manning trial declines to dismiss key charge – 18 July 2013

The Washington Post – Bradley Manning is at the center of the WikiLeaks controversy. But who is he? – 8 May 2011