News

Bolivian President Uses New Constitution To Seek Unprecedented Third Term

By Brendan Oliver Bergh
Impunity Watch Reporter, South America

SUCRE, Bolivia – A packed judiciary made their decision this week, despite constitutional restrictions, President Evo Morales would be able to seek a third term as President of Boliva.

Morales manipulation of Bolivian politics will allow him to seek an unprecedented third term. (Photo courtesy of CNN)

Following other Latin American leaders on the right and left, the Bolivian supreme court announced that despite term limits set forth by the Bolivian constitution, President Morales would be eligible to seek a third 5 year term after his current term expires. The language of the constitution allows that a Presidential candidate may only seek re-election once. However Supreme Court ruled that despite this being Morales second attempt at re-election, his first would not count as this was a new ratified constitution, that differed from the ones that were in place when Morales sought his initial term, and its subsequent re-election. Indicating that next year’s vote will be legally counted as Morales’ first re-election.

Opponents are claiming foul play are in order. The new constituoon was ratified via referendum in 2009, which lead many at the time to question whether Morales would attempt to circumvent the resitrictions. Insiders say that the constitution was only ratified because of a promise that Morales would not attempt to run for a third term. As for the court decision, opposition leader Samuel Doria Medina of the National Unity party accused the Morales government of stacking the judiciary in a way that favored Morales’ policies.

After the Constitutional Courts statement, the Senate of Bolivia immediately passed the Law Enforcement Legislation which would allow Evo Morales on the bill for the December 2014 Presidential election. The bill was passed quite quickly and is likely to be ratified by the parliamentary majority supporting Morales.

Should Morales win, he will be the longest sitting President in Andean politics, and be the longest sitting ruler in Bolivian history

For more information, please see:

La Republica – Evo Morales: Senate Approves Bill Allowing third Candidacy – 7 May 2013

Financial Times – Boliva court Clears Evo Morales’ bid To Run For Third Term – 30 April 2013

CNN – Court Clears Path For Bolivia’s Morales to Run For 3rd Term – 30 April 2013

Reuters – Court Allows Bolivia’s Morales To Seek Second Re-Election – 29 April 2013

After 37 Years And No Trial, Forgotten Prisoner Released

By Brendan Oliver Bergh
Impunity Watch Reporter, South America

LIMA, Peru – Forgotten, and alone, Juan Navarro languished in a Peruvian prison for 37 years without ever being convicted.  Charged with murder in 1976, he was incarcerated in the Lurigancho prison on August 3 of that year, where he would remain until his story was revealed, without a court date or trial.

The oldest residence of the Peruvian prison has been released after 37 years in prison without a trial. (Photo Courtesy of RPP)

His brain has to fail him as the 76 or possibly 78 year old man has the signs of dementia and can no longer remember details about his life. Only that he has been in prison surviving against the harsh conditions and that he has been incarcerated, “They ruined my teeth from so many hits and they chased me with a knife. … They wanted to slit my throat,” the problem with his incarceration, is that no one knows how he got to be there. Prison and judiciary  officials have no information or records concerning his imprisonment and confinement. A prison riot destroyed any records that would lead to information concerning his crime, or family.

Having spent 37 years in prison, he has officially spent more time in prison than Peruvian statutory regulations allow. Peruvian criminal sentencing statutes do not allow for a sentence over 35 years. Peruvian law also dictates that if you are imprisoned for over 36 months without an official sentence you would be freed. So even had Mr. Navarro been sentenced to the maximum possible sentence for the crime of murder, he would have had have been released two years ago. However these loopholes require someone to file paperwork on your behalf in order to streamline the process. Unfortunately until Mr. Navarro’s story was revealed on the radio, he had no family in order to file his writ.

These violations of habeas corpus are nothing new to Latin American prisons. According to the prison director at the San Pendro prison in Lima, only 1,291 prisoners of the approximately 8,6000 inmates have been sentenced.

Before anyone had the opportunity to file a writ of habeas corpus for Mr. Navarro the government took a proactive step and released the inmate. Demented and without family, Mr. Navarro has been taken in by residential care center that takes care of the elderly that have been forgotten and neglected by society.

For  more information, please see:

CNN – 37 Years In Prison, But Was He Sentenced? – 15 April 2013

La Republica – Freedom Granted To Oldest Lurigancho Prisoner – 11 April 2013

Peru 21 – Freed Old Man Who Was Imprisoned 37 Years Without Trial – 10 April 2013

RPP – Judiciary has Immediate Reease of Juan Navarro Acuna – 10 April 2013

Surviving Neo-Nazi Member Faces Life In Prison

By Alexandra Sandacz
Impunity Watch Reporter, Europe

MUNICH, Germany – On Monday, the surviving member of a neo-Nazi unit went on trial for numerous racist murders. Beate Zschäpe, 38, is accused of her association with National Socialist Underground (NSU) who killed 10 people, most of them of Turkish origin.

Demonstrators displayed photos of victims in front of the Regional Court in Munich. (Photo Courtesy of National Post)

Four male defendants, who face lesser charges of aiding the NSU, are also on trial with Zschäpe. Zschäpe could face life in prison if convicted. However, she denies the charges.

Sebastian Scharmer, one of the lawyers, said, “The idea that the N.S.U. only consisted of three very dangerous far-right extremists is very difficult to imagine.”

Prosecutors claim the three members assembled “to realize their racist ideals, influenced by the Nazis for a preservation of the German nation through carrying out murders and explosive attacks to bring about change in the government and society.”

Prosecutors also state that the NSU was behind two bombings in Cologne, Germany. Both bombing were intended to kill “as many people as possible only because of their non-German origin.” Although no one was killed, twenty-three people were wounded in the attacks.

Although Zschäpe is not accused of her direct involvement in the murders, the group’s decisions were made jointly.

Zschäpe’s lawyer said she will not testify at her trial.

Outside the courthouse, German-Turkish community groups and anti-racism demonstrators gathered to display banners. One read, “Hitler child Zschaepe, you will pay for your crimes”.

Osman Can, a leader of Turkey’s governing party, believes the trial is a “question of humanity.” He continued, “The violent methods that are seen in this case are not only aimed at Turks. They are against Jews or Roma, or any viewed as ‘others’ in German society.”

In addition to the demonstrators, around 500 police officers provided security and members of the public and media lined up for a chance to attend.

After the trial began, the judge subsequently adjourned the trial until May 14 after the defense team accused the judge of bias. Zschaepe’s lawyers filed a motion, which complained about a search for possible weapons or other objects while the prosecutors and police were not present.

This NSU case originally caused controversy when the police wrongfully accused the Turkish mafia for the murders. As a result, the head of Germany’s domestic intelligence service was forced to resign.

Lawyers for the family of the first victim, Enver Simsek, stated, “With its historical, social and political dimensions, the NSU trial is one of the most significant of post-war German history.”

Mehmet Daimagüler, another lawyer who represents several of the victims’ survivors, compared this trial to the Allies’ prosecution of Nazis in 1945 and 1946 in Nuremberg.

For further information, please see:

BBC – Neo-Nazi Murders: Beate Zschaepe Goes On Trial In Germany – 6 May 2013

National Post – High-Profile Neo-Nazi Murder Trial Begins in Germany Amid Tight Security – 6 May 2013

NBC News – “Hitler Child” Goes on Trial in Germany for 10 Racist Murders – 6 May 2013

The New York Times – Neo-Nazi Trial Begins in Germany – 6 May 2013

“No Soup for You!”; Neo-Nazi Soup Kitchen Shut Down

By Madeline Schiesser
Impunity Watch Reporter, Europe

ATHENS, Greece – Police were called in on Thursday morning to break-up a food distribution event catering exclusively to Greeks and run by ultra-nationalist party, Golden Dawn, in Syntagma Square, across from Parliament.

Members of Golden Dawn hand out food outside Athens party headquarters after Mayor Kaminis forced them to move their Greek-only food distribution from Syntagma Square. (Photo Courtesy of Kathimerini)

About 200 members of the fascist political party, Golden Dawn, dressed in black tee-shirts, arrived earlier than announced and began distributing bags of food for the Greek Orthodox Easter Holiday to only people who had identity cards proving their status as Greek nationals.  This policy ensured that no non-Greek immigrants or migrants could receive the handouts.

The Greek-only food distribution in the social and cultural heart of Athens violated a municipal ban, and riot police were called in to close down the food pantry.  The police prevented Golden Dawn’s truck from unloading and in the resulting scuffle between police and party members, the police used riot shields and pepper spray to repel party members who fought back with thick wooden poles still attached to rolled up Greek flags.

Eventually, the Golden Dawn members moved their distribution site to party headquarters in a different Athens neighborhood.  Traditional Easter foods including potatoes, lamb, eggs, and sweets were distributed.

Last year, Golden Dawn also operated the Easter soup kitchen in Syntagma Square.  However, this year, after the party announced Wednesday that there would again be a food distribution this year, Athens Mayor Giorgos Kaminis publicly vowed to stop the “hate-filled” event.  Kaminis further explained that the event, in addition to being “arbitrary, racist and illegal” was not permitted because Golden Dawn had failed to seek permission from the City of Athens.

Concerning shutting down the food pantry, Kaminis later stated, “What happened today is a victory for the democratic state.” He continued, “Thuggery will not prevail in this city as long as I am mayor.”

Kaminis also said that the municipality of Athens feeds about 9,000 people a day at its own soup kitchens.  He further asserted the authority of the city: “Syntagma Square will never be used again by anyone to hand out goods. This square belongs to the city’s residents. Only the municipality can decide how it is used.”

Later in the day, Kaminis was at a municipal charity distribution center when a Golden Dawn deputy and MP, Giorgos Germenis, attempted to punch Kaminis and to draw a handgun, according to Kaminis.  Germenis’ punch landed on a 12-year-old girl, who suffered some bruising, and Germenis was apprehended by security before he could harm anyone else.

Of the incident, Kaminis commented, “The only thing these people know is the language of violence.”

Golden Dawn has seen a surge in popularity in the past year as Greece has faced increased unemployment and harsh austerity measures.  Blaming immigrants for Greece’s financial woes, the party has pledged to rid the country of foreigners—a promise some Greeks find increasingly appealing as jobs become harder to find.

One pensioner explained why he accepted the Golden Dawn handouts: “I couldn’t afford to have Easter this year, so I came here to get some food so I could sort of celebrate it.  I don’t know if people can be satisfied with this, but I know I’m not happy about it.  We used to be able to enjoy the Easter holiday, but now we don’t.”

Golden Dawn has avowed that its food distribution was completely legal on Wednesday, and cited how agricultural producers often hold similar events in the capital.  The party went on to claim that Kaminis was elected “with the votes of migrants.”

Head of the Golden Dawn parliamentary group, MP Christos Pappas, asserted the legitimacy of the food handout: “We organized a completely legal food handout here in the center of Athens to hand out food and help struggling people during the holidays.  The Mayor of Athens disagreed.  He thinks Syntagma Square is for immigrants, junkies, and anarchists, but we tell him no, the center of Athens, Syntagma Square, belongs to Greeks.”

Meanwhile, controversy over Golden Dawn continues.  While some Greeks praise the party for cleaning up neighborhoods, others condemn them as thugs.  Nevertheless, this once-marginal group, which bears a swastika-like emblem, but rejects the neo-Nazi label, is now Greece’s third-most popular party, having won 18 out of 300 seats in Parliament last year.

For further information, please see:

Al Jazeera – Police Shut Down Greek-Only Soup Kitchen – 2 May 2013

Guardian – Athens: Golden Dawn’s ‘Greek-Only’ Food Handout Shut Down – Video – 2 May 2013

Kathimerini – Athens Mayor Attacked After Police Stops Golden Dawn Handout – 2 May 2013

Kathimerini – Athens Mayor Hails Efforts to Stop Golden Dawn Handing out Food as Victory for ‘Democratic State’ – 2 May 2013

Kathimerini – Police uses Tear Gas to Prevent Golden Dawn Handing out Food in Central Athens – 2 May 2013

Telegraph – Golden Dawn’s ‘Greeks Only’ Soup Kitchen Ends in Chaos – 2 May 2013

Senegalese Judges to Investigate War Crimes in Chad

By Ryan Aliman
Impunity Watch Reporter, Africa

N’DJAMENA, Chad – The governments of Senegal and Chad signed an agreement last Friday allowing Senegalese judges to investigate war crime cases in Chad from the regime of Chadian dictator Hissène Habré.

Former Chad dictator Hissene Habre leaving a court in Dakar eight years ago. (Photo courtesy of Voice of America)

According to Senegalese Justice Minister Aminate Toure, the agreement signed in Dakar will ease the movement of judges by allowing them to conduct their own investigations on Chadian soil.

“I have a pious thought for the victims who have suffered too much and begin to despair. The trial cannot take place unless the investigators are allowed to move freely in Chad,” Toure’s Chadian counterpart Jean Bernard Badare added.

The Senegalese judiciary is expected to look into the alleged atrocities committed from 1982 to 1990 for which Habré is tried for by a special tribunal in Dakar. He is currently facing charges of more than 40,000 cases of political killings, torture, and crimes against humanity. He has been living under house arrest in Dakar since 1990.

Chad allowing Senegal to try and investigate Habré is a first in world affairs. Usually, when a leader of one country is accused of human rights violations, his trial takes place within his home country or under the jurisdiction of the International Court of Justice (ICJ) in The Hague.

Nevertheless, human rights groups including Human Rights Watch (HRW) say that the decision of the two governments will “greatly facilitate the work of the court and help move the long-delayed case forward.”

“Investigating and prosecuting crimes that happened 20 years ago in another country is a very complex task. And normally, judges from one country have to go through a very cumbersome task to collect evidence from another country. What this agreement does, is it basically allows the court to investigate in Chad, as if they were investigating in Senegal,” explained Reed Brody, a HRW lawyer who has been working with Habre’s victims since 1999.

Brody also said that the agreement will compel the Chadian government to protect witnesses involved in Habre’s case and to hand over any documents the Senegalese judges may request.

“It’s important for the integrity of the process that Senegalese judges see that evidence and weigh that evidence before them – the court that’s going to try Hissène Habré. And the judges are also looking for evidence that could exculpate Hissène Habré. So they need to look at witnesses who Hissène Habré wants to present,” he said.

The Chadian government is expected to hand over the materials to the Senegal court this week for the ongoing preliminary investigations.

 

For further information, please see:

Africa Review – Senegal, Chad sign agreement to facilitate Habre’s trial – 5 May 2013

UPI – Senegal, Chad agree to investigate war crimes in Chad – 4 May 2013

Voice of America – Senegal, Chad Sign Agreement to Investigate Wartime Crimes – 4 May 2013

Global Post – Senegal investigators allowed into Chad for Habre case – 3 May 2013