News

War Crimes: Al-Shabaab’s Deadly Attacks on Somali Courthouse and International Aid Workers

By Hannah Stewart
Impunity Watch Reporter, Africa

MOGADISHU, Somalia — Al-Shabaab carried out a suicide attack on the court complex in the capital city on Sunday, and a bomb was detonated later on the airport road, leaving at least 30 people dead.

Women and children ran through the streets of Mogadishu after a suicide attack on the court complex occurred. (Photograph Courtesy of New York Times and Mohamed Abdiwahab/Agence France-Presse)

Al-Shabaab, an Islamist militant group, claimed the attacks.  The attack on the court consisted of a suicide bombing followed by additional explosions, and several assailants stormed the court complex shooting live rounds.  At least four legal professionals were killed, including a judge and three lawyers.  Shortly afterward a car bomb detonated hitting several cars carrying Turkish aid workers on the airport road several kilometers from the court complex.

International humanitarian law, also called “the laws of armed conflict” is applicable in Somalia.  As such, the courthouse was not a legal military target and the aid workers are protected civilians.  These deliberate attacks, resulting in the death of civilians, are violations of the international humanitarian law.  However, an al-Shabaab spokesman told the media that the court was a legitimate military target as they were ruling contrary to Sharia, or Islamic law.

The number of fatalities from the attacks has continued to rise.  Medina Hospital, one of the Mogadishu’s main hospitals, told Human Rights Watch that it received at least 18 bodies and 4 people died at the hospital.  International and Somali media reported that at least 30 people died and dozens were wounded.

Among the dead were a Somali journalist who had acted as the courts’ media adviser and two human rights lawyers.  Respected attorneys Professor Mohamed Mohamud Afrah, the head of the Somali Lawyers Association, and Abdikarin Hassan Gorod were killed when al-Shabaab gunmen opened fire inside the court complex.

Afrah and Gorod had recently represented a woman who faced criminal charges after she accused government security forces of rape.  They also represented a journalist who had interviewed the woman, and also faced charges in a politically motivated trial that received international attention.  This woman was initially sentenced for “falsely accusing” government forces; however, the court of appeals eventually dropped all charges.

Al-Shabaab once controlled almost all of Mogadishu; however, African Union and Somali forces reclaimed the city in 2011.  As such, Sunday’s events marks the deadliest Islamist militant attack in years for the city.  President Hassan Sheik Mohamud, called the attack “nothing but a sign of desperation by the terrorists, who’ve lost all their strongholds and are in complete decline, right across Somalia.”

For more information, please see:

All Africa – Somalia: New Al-Shabaab Attacks are War Crimes – 16 April 2013

Human Rights Watch – Somalia: New Al-Shabaab Attacks are War Crimes – 16 April 2013

The Guardian – Tributes Paid to Somali Human Rights Lawyers Killed in al-Shabaab Attack – 15 April 2013

The New York Times – Coordinated Blasts Kill at Least 20 in Somalia’s Capital – 14 April 2013

Hungry, Hungry Detainees, How Gitmo Prisoners Are Facing Detention

By Brendan Oliver Bergh
Impunity Watch Reporter, South America

HAVANA, Cuba – The prisoners of Guantanamo Bay live in a legal quagmire. Deemed either too dangerous to be freed, or pushed under the rug, hoped to be forgotten by the United States legislature, executive and judicial branches that have kept them there. Due to their status as non-Americans, in a territory not of the United States, they are forbidden from exercising many legal remedies that the United States Constitution upholds, habeas corpus, article 3 courts. Instead they took what they felt was their only available remedy, a hunger strike.

Guantanamo Bay prison camp, also known as GITMO, where hundreds of detainees are being held without cause.(Photo courtesy of NPR)

Over the weekend detainees clashed with the prison guards with makeshift weapons: batons, broomsticks and water bottles crafted together with duct tape. Beyond the mere hopelessness many feel, there have been a number of setbacks for the detained. Revelations that a figure was secretly monitoring and censoring the pretrial hearings of men, and the discovery of a listening device in the client-attorney conference room drove many to begin their three-month hunger strike. After the clashes, detainees were separated and each placed into solitary confinement.

Unwilling to allow the detainees to slowly kill themselves, guards were forced to subdue them, and insert feeding tubes up their noses in order to stave off starvation. One inmate describes the feeling as “painful,” and claimed that “As it was thrust in, it made me feel like throwing up. I wanted to vomit, but I couldn’t. There was agony in my chest, throat and stomach. I had never experienced such pain before. I would not wish this cruel punishment upon anyone.”

The hunger strikes and physical defection are just the latest from the Guantanamo Bay detainees who are seeking international recognition of their plight. Despite an executive order by President Barack Obama, the prison remains open due to funding plights. After Congress passed legislation that effectively eliminated any way for detainees transfer into the sovereign United States the camp remains in limbo, surviving on an ever shrinking pool of funding leading to cuts in resources.

Attorneys for the detained have stated that it is unclear how the hunger strike will eventually end. The strike originally arose out of the detainee’s sense of hopelessness that the administration will ever be closed. But until either another country agrees to take the prisoners, or Congress alters legislation, it is unclear how the detainee’s story will end.

For more information, please see:

Truth-Out – Gitmo Trial Ethics Breaches Called Possible Obama Plan To Close Prison – 15 April 2013

Policy Mic – Guantanamo Hunger Strike: Abused Prisoners Riot At GITMO – 15 April 2013

Wired – It’s Forced Feeding Vs. Scotch-Tape Batons As Gitmo Detainees Continue Hunger Strike – 15 April 2013

The New York Times – Gitmo Is Killing Me – 14 April 2013

 

Demonstrations Planned Against Colombian Mining Company, Anglo American

By Pearl Rimon
Impunity Watch Reporter, South America

 BOGOTA, Colombia – There is an upcoming demonstration scheduled in London from people in Colombia, Mongolia, South Africa and the United States against the largest mining companies. The mining companies are accused of polluting the environment, affecting people’s health and forcing communities to migrate due to their operations.

Cerrejón mine located in La Guajira, Colombia. (Photo Courtesy of Guy Bell/Alamy)

The owners of Cerrejón, a coal mine in northern Colombia, are accused of devastating the health of about 13,000 people who live near the mine.

Julio Gomez, the president of Fecodemigua (Federation of Communities Displaced by Mining in La Guajira) said,”We have had to suffer the impacts of opencast coal mining for over 25 years now. Our communities have been gradually and systematically asphyxiated by the contamination caused by coal mining, our societies [have been] fractured.”

The mine has been opened since 1985 and plans on increasing its production by 25% in three years. Britain has increased imports of Colombian coal by 48%. The mine is the largest in South America. The mine has gone through labor disputes, complaints of management, pollution, and for failure to compensate communities that have been affected by its operations. The mine was shut down by a strike for 32 days this year. Mine workers suffered from back problems and respiratory infections.

“The health of everyone in La Guajira within 5km of the area of mining and transport of coal is being severely affected: studies [show] the constant exposure to coal dust is clearly linked to the increase in illnesses,” said Gomez.

The owners of Cerrejón, Anglo American, have been accused of destroying communities due to expansion. Five villages have been displaced due to the mine’s operations. The affected communities mostly include those of the Wayuu people. The Wayuu have lived in the area before the Spanish conquest. The Wayuu have been forced to resettle to other villages. The indigenous Afro-Colombian people have also been displaced due to the mine. The people that did not relocate suffer from polluted soil, which prevents them from growing their crops.

An Anglo American spokesman said, “Anglo American works tirelessly to ensure we observe the highest international standards, whether relating to human rights, environmental sensitivities and social issues, both in our wholly owned and jointly owned operations.”

Critics of Anglo American advocate for the displaced people and miners who try to stop the rapidly expanding mining industry and demand better conditions for the people who live in the surrounding areas.

For further information, please see:

Guardian — Colombian miners hit out at Anglo American – 15 April 13

El Heraldo — Corpoguajira opens investigation against Cerrejón – 12 April 13

El Herlado — Cerrejon says that manages protection for threatened members Sintracarbón – 9 April 13

New Internationalist — Bringing Colombian coal mining back home to London – 9 April 13

Putin’s European Visits Met With Gay Rights Protests

By Alexandra Sandacz
Impunity Watch Reporter, Europe

AMSTERDAM, Netherlands – This past week, gay rights groups gathered in Amsterdam to greet Russian President, Vladimir Putin. Rainbow flags flew at half-staff, floats crowded the canals, and thousands of protesters waved signs.

During a protest in Amsterdam, a demonstrator holds up a picture of Russian President, Vladimir Putin, with rainbow circles on his face. (Photo Courtesy of RFE/RL)

Putin visited Amsterdam to encourage the growing economic ties between Germany and the Netherlands. The Netherlands is Russia’s leading trade partner in Europe.

Amsterdam deputy mayor, Andrée van Es, claims the city appreciates trade and welcomed Putin’s visit. However, the city also supports the rainbow flag protests.

Van Es stated, “We see Russia as an important trading partner, but Amsterdam has an identity of what I call hyper-diversity… and we very much want to be able to express that, even to our important trading partners.”

She continued, “A lot of people are worried about human rights in Russia in general, but focus is very much on gay rights because of that bill.”

Recently, Putin claimed there was no discrimination against homosexuals in Russia. However, the Russian parliament passed a bill in January banning the dissemination of “gay propaganda” to minors, which includes parades, protests, and the use of the rainbow flag. The law could potentially fine offenders up to $16,000.

Although the evening started as a protest, the night quickly turned into a party. Thousands assembled across from the museum where Putin was dining. Dressed in rainbow colors, the crowd waved signs that said, “Putin go homo” and “I’m a person, not a propaganda”.

However, as many protested and partied, the city took steps to prevent overwhelming behavior. One sign said, “No gay rights propaganda beyond this point.” Another stated, “Do not frighten President Putin: keep this area human rights free.”

As a response, activists used fake police tape, which read “critical journalists not allowed”, to block off access to the museum.

One of Amsterdam’s deputy mayors stated, “We have a large gay community in Amsterdam and we want to make sure that in our city that everybody can live the way they want and be whoever they are and we want to make sure that everybody in the world knows that.”

Putin was also recently met in Germany with topless demonstrators. Women, from the Ukrainian feminist group, Femen, displayed slogans on their bare chests and backs. Furthermore, the females chanted, “dictator”.

After shrugging off the German protests, Putin stated, “I liked it. You should be grateful to the girls, they are helping you make the fair more popular.”

For further information, please see:

RFE/RL – Amsterdam Welcomes Putin With Rainbows – 15 April 2013

EuroNews – Thousands Protest Putin’s Amsterdam Visit – 9 April 2013

FoxNews – Gay Rights Groups to Protest Russia’s Putin in Amsterdam – 8 April 2013

The Washington Post – Gay Rights Supporters Gear Up to Protest Putin Visit to Amsterdam – 8 April 2013

Russia Retaliates with Anti-Magnitsky List

By Madeline Schiesser
Impunity Watch Reporter, Europe

MOSCOW, Russia – Following the United States’ release of the 18-name Magnitsky List on Friday, Moscow released a corresponding list of 18 Americans banned from traveling to the Russian Federation over their alleged human rights violations.

David Addington, left, John Yoo, center, and Maj. Gen. Geoffrey D. Miller are the first three men on Russia’s new list of barred American officials, following the U.S. release of the Magnitsky list. (Photo Courtesy of the New York Times)

Among the American officials on the Russian list are David Addington, who served as chief of staff to former Vice President Dick Cheney and provided legal support for interrogation policies; John Yoo, a high-ranking Bush administration lawyer who wrote several major opinions on torture; and Maj. Gen. Geoffrey D. Miller and Rear Adm. Jeffrey Harbeson, both of whom commanded detention operations in Guantánamo Bay.

The remaining fourteen U.S. officials on the list are primarily prosecutors and special agents whom Russia believes responsible for violating the rights of Russians abroad.  Most were involved in cases against convicted arms dealer Viktor Bout or recently sentenced drug-trafficking pilot Konstantin Yaroshenko.

Those on the list are only banned from travel to Russia, an endeavor most would not normally be engaged in anyway.  Yoo merely mocked the Russian’s move, quipping, “Darn, there goes my judo match with Putin.”

The Russian list was created under the authority of the Dima Yakovlev law, which came into effect in January and also ended American adoption of Russian children.

According to an interview Russian Deputy Foreign Minister Sergei Ryabkov gave to the Itar-Tass news agency, the list also contains a “secret” addendum of more names, as the U.S. list reportedly contains.

The Russian government defended its answer to the U.S. Magnitsky List, gravely explaining that its actions were merely a justifiable response.

“We would like to draw particular [attention] to the fact that, unlike the American list compiled arbitrarily, our list features primarily those implicated in torture and the indefinite detention of prisoners in the Guantanamo prison camp, as well as those involved in the abduction and removal to other countries of Russian citizens and in threats to their lives and health,” Russia’s Ministry of Foreign Affairs said in a statement.

“This war of lists was not our decision, but we do not have the right to ignore such open blackmail,” it continued. “It’s time for the politicians in Washington to finally realize that it is fruitless to base a relationship with a country such as Russia on an attitude of mentorship and overt dictation.”

Moscow has maintained the opinion that the Magnitsky Act and List release by Washington directly interfere with Russian domestic issues.  The Ministry of Foreign Affairs called the Magnitsky Act an “absurd” law that “delivers a strong blow to bilateral relations,” while President Putin’s press secretary Dmitry Peskov said that “the Magnitsky case should not be discussed outside Russia, it’s unacceptable.”

Despite the list war, the United States intends to continue to work with Russia on issues of mutual interest, according to White House spokesman Jay Carney.  However, Carney made clear that, “[h]uman rights is an issue that we have disagreements with [Russia] on at times and, you know, we are very frank and candid about that. And we will engage with the Russians on those issues as well as the others that we have.”

Even so, Alexei Pushkov, head of the Russian State Duma’s international affairs committee, warns that the list war “will be present, possibly, for a very long time in our relations and will poison them.”

The full list (courtesy of RT) released by Moscow on Saturday is as follows:

US officials purportedly involved in legalizing torture and indefinite detention of prisoners:

1) David Spears Addington, Chief of Staff to Vice President Dick Cheney (2005-2009)
2) John Choon Yoo, Assistant US Attorney General in the Office of Legal Counsel, Department of Justice (2001-2003)
3)  Geoffrey D. Miller, retired US Army Major General, commandant of Joint Task Force Guantanamo (JTF-GTMO), the organization that runs the Guantanamo Bay detention camps (2002-2003)
4) Jeffrey Harbeson, US Navy officer, commandant of Joint Task Force Guantanamo (JTF-GTMO), the organization that runs the Guantanamo Bay detention camps (2010-2012)

US officials purportedly involved in violations of the rights and freedoms of Russian citizens abroad:

5) Jed Saul Rakoff, Senior US District Judge for the Southern District of New York
6) Preetinder S. Bharara, US Attorney for the Southern District of New York
7) Michael J. Garcia, former US Attorney for the Southern District of New York
8) Brendan R. McGuire, Assistant US Attorney
9) Anjan S. Sahni, Assistant US Attorney
10) Christian R. Everdell, Assistant US Attorney
11) Jenna Minicucci Dabbs, Assistant US Attorney
12) Christopher L. Lavigne, Assistant US Attorney
13) Michael Max Rosensaft, Assistant US Attorney
14) Louis J. Milione, Special Agent, US Drug Enforcement Administration
15) Sam Gaye, Senior Special Agent, US Drug Enforcement Administration
16) Robert F. Zachariasiewicz, Special Agent, US Drug Enforcement Administration
17) Derek S. Odney, Special Agent, US Drug Enforcement Administration
18) Gregory A. Coleman, Special Agent, US Federal Bureau of Investigation

For further information, please see:

Al Jazeera – Russia Hits Back at US with its Own Blacklist – 13 April 2013

BBC News – Russia Responds in Kind to US Magnitsky List – 13 April 2013

New York Times – Russia Bars 18 Americans After Sanctions by U.S. – 13 April 2013

RIA Novosti – Russia Publishes Its Answer to Magnitsky List – 13 April 2013

RT – Russia Strikes Back with Magnitsky List Response – 13 April 2013