News

Open Letter to President Obama Reignites Interest in Closing Guantanamo

By Michael Yoakum
Impunity Watch Reporter, North America

HAVANA, Cuba – Negative press continues to mount for the Obama administration amidst details of the treatment of prisoners in Guantanamo Bay.  The Lancet medical journal published a letter signed by more than 150 doctors that called upon President Obama to use doctors that Guantanamo inmates could trust.

The US military has been force feeding protesting Guantanamo inmates for three months. (Photo courtesy of Al Jazeera)

The letter, published Wednesday, was a response by medical practitioners to new information that has come to light detailing the US military’s practice of force feeding prisoners.  The force feedings began three months ago when inmates began a hunger strike prompted by the implementation of tougher prison searches.

Ahmed Belbacha, an Algerian detainee, told BBC through his attorney that enduring the forced feedings “hurts a great deal.”  Belbacha was detained in 2001 and cleared to be released in 2007.  He remains in Guantanamo because Belbacha says he cannot return to Algeria and the US has been unable to find a country willing to accept him.

Belbacha states that he told the military doctors that force feeding him violated medical ethics but the doctors said they had no control in the matter.

The doctors who authored Lancet article said that detainees had “very good reason” not to trust the US military doctors because they must follow orders from their military superiors.  The doctors who signed the article offered a solution: allow them to travel to Guantanamo and treat the hunger-striking inmates.

The doctors’ request is likely in response to an open letter sent by 13 inmates to the UK-based newspaper, the Guardian, in May.  The letter begins “Dear Doctor, I do not wish to die, but I am prepared to run the risk . . .because I am protesting the fact that I have been locked up for more than a decade, without a trial, subjected to inhumane and degrading treatment and denied access to justice.”  The letter continues, “For this reason, I am respectfully requesting that independent medical professionals be allowed in to Guantanamo to treat me.”

President Obama campaigned in 2008 on a platform that promised to close Guantanamo.  Since the hunger strike began, President Obama has renewed efforts to permanently close Guantanamo but has been met with resistance from Congress.

For further information, please see:

BBC News – Guantanamo detainee describes ‘ordeal’ of force feeding – 19 June 2013

CNN – Doctors to Obama: Let us treat hunger-striking detainees at Guantanamo – 19 June 2013

Fox News – As hunger strike roils Guantanamo, ex-prisoner talks of his long protest and forced feeding – 15 June 2013

The Guardian – Guantánamo Bay prison detainees protest – open letter full text – 31 May 2013

Al Jazeera – Physician dismisses force-feeding concerns – 21 May 2013

Reuters – Analysis: In force-feeding detainees, Obama has courts on his side – 26 April 2013

Czech Prime Minister’s Resignation Amid Bribery Scandal Leaves Country in Political Uncertainty

by Tony Iozzo
Impunity Watch Reporter, Europe

PRAGUE, Czech Republic – Petr Necas stepped down as Prime Minister of the Czech Republic on Sunday after his top aide has been heavily implicated in a bribery and spying scandal.

Czech Prime Minister, Petr Necas, resigned on Sunday. (Photo courtesy of Reuters)

Mr. Necas’ chief of staff, Jana Nagyova, has been charged with bribing members of parliament and giving orders to intelligence agents to spy on certain individuals. Nagyova allegedly offered government posts to these members of parliament, contingent upon relinquishing their parliamentary seats. She then allegedly ordered military intelligence to spy on three people.

The charges were brought after armed police raids in which roughly 400 police officers searched government offices, bank safes, and 31 different houses. Approximately $6 million in cash and tens of kilograms of gold were seized during the raids.

Seven other individuals were also arrested in connection with the bribery scandal, including the current and former heads of military intelligence, and former lawmakers in Necas’ Civic Democratic Party.

The Prime Minister is reported to be involved on a personal level in addition to his professional relation to the case. One of the spy targets in the scandal is said to be Necas’ wife, Radka, whom he is now divorcing. Though Necas has denied any sort of personal relationship with Nagyova, he stated upon his resignation, “I am fully aware how the twists and turns of my personal life are burdening the Czech political scene and the Civic Democratic Party.”

Necas has maintained his innocence as well as his party’s, however, stating: “I am personally convinced that I did not do anything dishonest and that my colleagues have not done anything dishonest either.”

Members of Necas’ coalition had indicated that they could no longer support him amidst the scandal, and members of the opposition Social Democrats coalition planned to raise a “no-confidence” motion in parliament. The resignation, which will send the country into a period of political uncertainty, will necessarily induce the entire government to step down as well, pursuant to the Czech Constitution.

Necas has stated that his coalition would attempt to form a new government with new leadership, to take charge until June 2014 and new elections. However, the Czech President Milos Zeman, a member of the Social Democrats, is not obligated to agree with Necas’ recommendations and can name his own interim government. Reports indicate that President Zeman has asked Necas to remain a “caretaker” until a new administration is in place.

This raid was a part of a larger anti-corruption operation, the largest the country has had since Czech dissident Vaclav Havel led a “Velvet Revolution” that overthrew Communist rule over 20 years ago. Since this revolution, however, the Czech Republic has experienced great corruption.

For more information, please see:

BBC News – Czech PM Petr Necas Resigns Over Aide Scandal – 17 June 2013

The Independent – Czech PM Petr Necas to Resign: ‘Mr. Clean Hands’ to Quit in Effort to End Political Turmoil Over Aide Spying and Corruption Scandal – 17 June 2013

Al Jazeera – Czech PM Resigns Amid Aide Scandal – 16 June 2013

New York Times – Czech Premier to Resign Amid Scandal – 16 June 2013

Reuters – Czech Prime Minister Steps Down After Graft Scandal – 16 June 2013

Impunity Watch – Czech President Impeached and Charged With Treason For Amnesty – 4 March 2013

Latvian Regulator Imposes Largest Possible Fine on a Latvian Bank involved in Money Laundering Connected to the Magnitsky Case

PRESS RELEASE

Latvian Regulator Imposes Largest Possible Fine on a Latvian Bank involved in Money Laundering Connected to the Magnitsky Case

19 June 2013 – Following a probe into six Latvian banks, Latvia’s financial markets regulator, the Financial and Capital Market Commission, has imposed a fine of 100 thousand Lats (around $191,000) the maximum fine possible on one Latvian bank for its role in laundering the $230 million stolen from the Russian government directly connected to the Magnitsky case.

The probe was based on a complaint filed by Hermitage Capital Management with the Latvian authorities in July 2012 naming six banks (Aizkraukles Bank, Baltic International Bank, Baltic Trust Bank, PrivatBank, Rietumu Bank and Trasta Komercbank) that received funds directly or indirectly from the $230 million illegal tax refund exposed by the late Sergei Magnitsky.

The name of the sanctioned bank has not been disclosed by the regulator.

The aim of the probe was “to clarify whether the banks had complied with regulatory requirements for anti-money laundering and combating terrorist financing,” said the Financial and Capital Market Commission.

“Following inspections of six Latvian banks conducted in relation to Magnitsky case, Financial and Capital Market Commission (FCMC) adopted a decision to impose an administrative penalty for deficiencies in internal control system on one occasion, i.e. customer due diligence. A maximum fine of 100 000 lats is imposed for violations in the area of laundering the proceeds from criminal activities and terrorist financing,” said the Financial and Capital Market Commission of Latvia.

Commenting on the transnational nature of the money laundering conspiracy exposed by Sergei Magnitsky and which had victimized Hermitage in Russia, the Latvian regulator pointed out it spans “several dozens of banks” and many countries in Europe highlighting the need to unite forces against the common threat to EU financial systems.

A company that received the illicit funds in Latvia on accounts of PrivatBank, one of the banks inspected by the Latvian Financial and Securities Market Commission, called Technomark Business, was registered in the UK, had a parent company registered in Cyprus, which in turn had a Latvian director Erik Vanagels, named in this week’s Sunday Times (http://www.thesundaytimes.co.uk/sto/news/uk_news/People/article1274719.ece) for his involvement in other “several thousands (mainly UK) companies.”

It was previously reported that illicit funds stolen via a scheme exposed by Sergei Magnitsky were wired through six Latvian banks, including: Baltic International Bank: $8.5 million, Trasta Komercbank: $6.2 million, Rietumu Bank: $2.1 million, Aizkraukles Bank (now – ABLV Bank): $1.2 million, Baltic Trust Bank (now – GE Money Bank): $0.9 million, PrivatBank (previously Paritate bank): $0.5 million.

When this information was revealed last September by the Latvian investigative report “Nothing Personal” aired on TV3, none of the banks wanted to talk on camera, according to Latvian publication IR (http://www.ir.lv/2012/9/24/raidijums-magnitska-lieta-iesaistitas-vairakas-latvijas-bankas). ABLV Bank replied last September as follows: “Previously we had known this information. Currently, we are conducting the background investigation.”

The Trasta Komercbank’s comment at that time was: “At the moment we can only comment that, according to Latvian legislation, any kind of information on bank clients is confidential… TKB’s operation is in full compliance with national regulations and international banking standards.”

The news of the Latvian sanctions has been featured in the Latvian media (http://www.ir.lv/2013/6/16/fktk-magnitska-lieta-soda-vienu-latvijas-banku).

For further information, please see:

Law and Order in Russia

South Sudan Government Prevent Medical Aid to Thousands in Need

By Danielle Gwozdz
Impunity Watch Reporter, Africa

JUBA, South Sudan – 120,000 South Sudanese hiding out in malaria-infested swamps cannot receive medical attention because the South Sudan government has prevented humanitarian aid from entering the outside areas of Pibor County, where the victims are hiding. The medical charity Medicins Sans Frontieres (MSF) stated that the thousands of displaced people will die unless the government allows aid in.

A refugee woman and her child wait for medication (courtesy of Thomson Reuters)

In early May, thousands of South Sudanese fled because of the fighting between the government and South Sudan’s rebels. Now the government’s army has refused to allow or facilitate the provisions of emergency medicines, food, and water to the displaced South Sudanese. Those hiding have no access to safe water, food, or medical care.

“MSF knows from years of experience in Jonglei that without medical care people will not be able to live for long and will die of pneumonia and other respiratory diseases,” MSF’s director of operations, Bart Janssens, said in a statement.

This time of the year is the rainy season, which means the area where people are hiding will flood. Also,  malarial mosquitos will be in the area and those sleeping outside will be easy targets for the mosquitos.

Aid agencies were in this area until May 10th, when security forces went on a rampage and looted several agencies’ compounds and homes, including MSF’s hospital. However, the army denies regular soldiers were involved in this attack, claiming a state wildlife force caused this damage.

Further, people are too afraid to walk into town to seek medical care because they fear being confused for rebels or being caught in cross-fire.

This violence began when South Sudan separated from Sudan in 2011, causing widespread ethnic violence centering in Pibor County. The rebel leader, Yau Yau, is Murle: a minority ethnic group. Yau Yau launched a rebellion in 2010 after failing to secure a seat in the state parliament.

Now the Murle are believed to be angered by the activities of the South Sudanese troops stationed in the area, who are mainly drawn from the Nuer ethnic group, which clashes with Murle.

MSF has made repeated requests to the government to allow them to travel to the areas the South Sudanese people are hiding, but the government still denies them access.

“This will not be a place where people can remain alive,” Janssens further stated.

 

For further information, please see:

KBC (Kenya National Broadcaster) – South Sudan ‘blocks aid to 120,000′ – 16 June 2013

Africa Review – South Sudan ‘preventing aid to Jonglei victims’ – 15 June 2013

The Frontier Post – South Sudan preventing aid – 15 June 2013

BBC News – South Sudan ‘preventing aid to Jonglei victims’ – 14 June 2013

Thomson Reuters Foundation – Thousands face death in swamps as South Sudan govt blocks aid – MSF – 14 June 2013

Argentina’s Ex-President Menem Sentenced to 7 Years in Prison for Arms Smuggling

By Ellis Cortez
Impunity Watch Reporter, South America

BUENOS AIRES, Argentina – An Argentine court has sentenced former President Carlos Menem to seven years in prison for illegally smuggling weapons to Ecuador and Croatia in violation of international embargoes in the 1990s.

 Former Argentine President Carlos Menem says he is innocent.
Former Argentine President Carlos Menem says he is innocent. (Photo courtesy of CNN)

Menem, 82, is currently serving as a senator for his home province of La Rioja. He will not be jailed unless his fellow senators vote to remove the immunity he holds as an elected member of Congress. However, it is unclear how the senators would vote on immunity.

The ruling can still be overturned by Argentina’s Supreme Court, and, given Menem’s age, he would likely serve the sentence at home, invoking a right that nearly all prisoners over 70 have in Argentina.

Menem served two terms as Argentina’s president from 1989 to 1999. Prosecutors alleged that Menem authorized the illegal sales of weapons to Ecuador and Croatia between 1991 and 1995. Both Ecuador and Croatia were involved in armed conflicts at the time, and prosecutors stated that the weapons sales violated United Nations and Organization of American States embargoes.

In 2011, Menem told judges at a Buenos Aires court that his actions as president were “limited to signing decrees exporting weapons to Venezuela and Panama.” He had no idea the weapons shipments, which contained tons of rifles and ammunition made in Argentina, would be sent to countries under international embargoes.

Argentina was barred from supplying Ecuador with weapons because it played a peacekeeping role after Ecuador and Peru fought a brief war in 1995. Arms sales to Croatia were internationally banned during the wars that tore apart the former Yugoslavia from 1991 to 1995.

The case against him and other government officials began in October 2008. An appellate court found Menem guilty in March of this year, overturning his earlier acquittal at trial in 2011. The appellate court said that much of the evidence had been mistakenly dismissed and that there was no logical way the weapons could have been smuggled without Menem’s direct participation and approval.

The appeals court called his defense “incomprehensible,” given evidence that customs procedures weren’t followed, and found that Menem’s brother-in-law, Emir Yoma, acted as his intermediary with the government authorities and others involved in the scheme.

Menem has also been charged with corruption in other cases, but this case marked his first conviction. The trial judges also sentenced Menem’s former defense minister, Oscar Camilion, to 5 1/2 years in prison.

For more information please see:

CNN – Argentina: Ex-president gets 7 years in prison for arms smuggling  13 June 2013

BloombergArgentina’s Ex-President Menem Sentenced to 7 Years of Prison 13 June 2013

Reuters Argentine ex-President Menem could face 7 years in prison for arms smuggling 13 June 2013

USA Today Former Argentine president sentenced to 7 years prison 13 June 2013