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UN Commission, Amnesty International: Syrian War Crimes Must be Determined by ICC

By Ali Al-Bassam
Impunity Watch Reporter, Middle East

DAMASCUS, Syria — Last Monday, United Nations (U.N.) Commission of Inquiry pleaded to the U.N. Security Council to refer cases involving war crimes committed in Syria, by both the government and rebel fighters, to the International Criminal Court (I.C.C.).

A U.N. Commission of Inquiry, and Amnesty International says that cases regarding war crimes committed by those fighting for government and rebel forces should be referred to the I.C.C. (Photo Courtesy of The Guardian)

Carla del Ponte, former Chief Prosecutor for the International Tribunal for the former Yugoslavia, who is now working on a rolling U.N. inquiry into Syria, said that high-level perpetrators have been identified and should be brought in front of the I.C.C.  “Now really it’s time… We have a permanent court, the I.C.C., who would be ready to take this case,” said del Ponte.

The commission plans to submit a confidential list of names of suspected war criminals to the U.N. Human Rights Office, and has repeatedly urged the U.N. Security Council to refer the cases to the I.C.C.  The Security Council has been deadlocked in doing so.  “We are in very close dialogue with all five permanent members of the Security Council, but we don’t have the key that will open the path to cooperation inside the Security Council,” said Paulo Pinheiro, Head of the Commission of Inquiry.

Since Syria is not party to the Rome Statute, which created the I.C.C., the only way the court can investigate cases arising from the country is if it receives a referral from the Security Council.

Russia, a member of the Security Council, and ally to President Bashar Al-Assad, has blocked three U.N. Security Council resolutions that would increase pressure on the Syrian government.  Moscow is hesitant to refer these cases to the I.C.C, a move which Russian Deputy Foreign Minister Gennady Gatilov called “untimely and unconstructive.”

Human rights watchdog Amnesty International also called on the U.N. to refer war crimes committed in Syria by both parties to the I.C.C.  “While the vast majority of war crimes and other gross violations continue to be committed by government forces, our research points to an escalation in abuses by armed opposition groups,” said Ann Harrison, Amnesty International’s Deputy Director for the Middle East and North Africa.

Amnesty International documented regime forces’ use of “internationally banned weapons against civilians,” and “the torture and summary killing of soldiers, pro-government militias and civilians, captured or abducted by rebel fighters.”  It also found evidence of the army’s use of ballistic missiles on the northern city and province of Aleppo.  It provided the testimony of civilians who survived such attacks.  One such testimony came from Sabah, a 31 year old mother who lost three daughters, her husband, mother, sister, and three nephews in one missile attack.  “They were killed; what is left for me in this life?”

For further information, please see:

Alert Net — ICC War Crime Requests for Syria “Untimely” – Russian Official — 19 March 2013

Daily Nation — UN Must Refer Syria War Crimes to ICC: Amnesty — 19 March 2013

The Guardian — Syrian Leaders Should Face Justice at ICC, UN Says — 18 March 2013

Naharnet — U.N. Syria Investigators Seek to Refer Report to ICC — 11 March 2013

Government Corruption Allegations Spark Protests in Slovenia

By Alexandra Sandacz
Impunity Watch Reporter, Europe

LJUBLJANA, Slovenia – Nearly 5,000 Slovenians gathered in Ljubljana, despite heavy rain, to protest against the country’s political powers and demanded government changes.

Protesters placed stickers all over the central bank building. (Photo Courtesy of Aljazeera)

A Facebook group was created in November to demand the resignation of Janez Jansa, leader of the centre-right government. With over 18,000 followers, the Facebook group stated, “We demand the resignations of all incapable and corrupted political elite members.”

The group also demanded the prime minister designate, Alenka Bratusek, to set an early date for elections as soon as she officially takes office.

The protest movement followed various corruption allegations against Jansa over the struggling economy and austerity measures that resulted in declining living standards and unemployment rise.

Furthermore, Jansa’s government started to fall after three of the five parties quit his Cabinet because the prime minister was accused of corruption. He allegedly failed to declare $285,000 of his personal assets.

Protesters carried banners that said, “We do not want a new government but revolutionary changes” and “There will be no peace until there is justice.” Another banner stated, “We are not right and we are not left but we are the people who are sick of you.”

Moreover, protesters placed stickers that said, “This is our property” all over the central bank building and other public institutions.

One protester, Gorazd Mlekuz, who works in transport, said, “The incoming government has the same structure, the same principles as the old one, so we need a new election and we have to vote out the parties that are in parliament at present. We need to create jobs for the young. My son, who is a historian, was an excellent student but there is no job for him. He works as a volunteer now and he was lucky to get even that.”

Another protester, a 21-year-old social science student, said, “I’m protesting because life in Slovenia is getting worse, there is more and more poverty and people are not equal. The government scrapped my scholarship last year so I can only get by with the help of my parents, but I am worried that even an early election might not bring any improvement.”

Despite the corruption allegations, Jansa continues to praise his austerity program and stated he believed the allegations were merely politically motivated to weaken his administration.

He warned that the nation could face bankruptcy after his unseating. He stated, “Greece is slowly turning to recovery, I would be happy to say the same for Slovenia.”

While Slovenia struggles to avoid an international bailout, parliament nominated budget expert, Alenka Bratusek, of the center-left Positive Slovenia to form a new government. If she fails to form a new government soon, Slovenia could face early elections for the second time in less than two years.

For further information, please see:

AFP – Thousands of Slovenians Demand More Changes, Early Vote – 9 March 2013

Aljazeera – Slovenians Take to Streets Against Corruption – 9 March 2013

Reuters – Protests In Slovenia Continue Despite Government’s Fall – 9 March 2013

Inquirer News – Slovenia’s Troubled Government Ousted – 28 February 2013

Mother Denied Executed Son’s Remains

By Madeline Schiesser
Impunity Watch Reporter, Europe

MINSK, Belarus – When Lyubou Kavalyova’s son was executed last March, all she received from the authorities was a letter from the Belarusian Supreme Court containing his death certificate.  A year later, Mrs. Kavalyova still does not know the whereabouts of her son’s remains because of an article in Belarus’ Criminal Executive Code that allows the government to not communicate the burial place of those executed to their relatives.

Lyubou Kavalyova’s fight with Belarusian authorities for the return of her son’s body earned her the title “Human Rights Defender of the Year” from fellow activists in December. (Photo Courtesy of RFE/RL)

Mrs. Kavalyova’s son, Uladzslau Kavalyou, and his friend, Dzmitry Kanavalau, both born in 1986, were executed last year in Belarus after having been sentenced to death for an April 2011 subway bombing in Minsk that killed 15 people and wounded more than 300, and two earlier bombings.

Independent investigators, including some from Russia, expressed serious doubts about the evidence used to convict the men.  Their trial was also heavily criticized for failing to meet international fair trial standards.

Mrs. Kavalyova announced at a press conference in Minsk on Wednesday her hope that Belarusian authorities would release her son’s body as she marks the first anniversary since his execution.

Alternatively, according to human rights defender Rasman Kisliak, authorities should release the burial location of the men’s bodies.  Kisliak further explained that, “It is necessary to find out who had conducted the execution in order to plan future activities and find from whom to demand answers.”  He also spoke of plans to demand the annulment of the law under which relatives of deceased convicts are refused access to the body.

The family of Dzmitry Kanavalau has declined to communicate with the press, and human rights activists believe they have been intimidated into silence.  Activist Pavel Levinau claims “[T]he whole Kanavalaus family were arrested after the arrest of Dzmitry – an elder brother and the father. They were kept in custody, as far as I remember, for about three months. Only the mother remained free – a woman who was intimidated. I can only guess what psychological pressure was put on her. Probably psychological and physical pressure was put on other relatives of Dzmitry Kanavalau’s as well. Probably, they were even promised something if they keep silent.”

Belarus remains the only nation in Europe to still sentence people to death.  Prisoners are informed of their pending execution only hours, or even minutes in advance, and the executions are carried out with a shot to the back of the head.

“The death penalty is the ultimate cruel, inhuman and degrading punishment and a human rights violation. Failing to return the bodies of these two men compounds that cruelty,” said David Diaz-Jogeix, Amnesty International’s Deputy Director for Europe and Central Asia.

“The complete secrecy surrounding the death penalty denies families the opportunity to bury their relatives according to their traditions and religious beliefs . . . It is unacceptable that authorities in Belarus would not even reveal the burial site to the families, and ban them from saying goodbye to their loved ones,” he further stated.

On Friday, Russia rejected Amnesty International’s request to demonstrate against executions in front of the Belarusian Embassy in Moscow.  Although authorities offered Amnesty International two alternative sites to hold the demonstration, Amnesty International rejected them as remote and having nothing to do with the subject of the protest.

For further information, please see:

Chapter’97 – Pavel Levinau: Kanavalau’s Family Does Not Get in Touch Because of Threats of Special Services – 15 March 2013

RFE/RL – Amnesty International Refused Permission For Belarus Embassy Protest In Moscow – 15 March 2013

Viasna – A Year Has Passed Since the Execution of Kanavalau and Kavaliou: Human Rights Defenders Put New Questions – 15 March 2013

Amnesty International – Belarus: After Death, the Cruelty Continues as Bodies of Two Executed Men Still Hidden – 14 March 2013

RFE/RL – Mother Of Belarusian Executed For Terrorism Wants Son’s Body – 13 March 2013

Somalia Frees Journalist Held For Reporting Rape

By Ryan Aliman
Impunity Watch Reporter, Africa

MOGADISHU, Somalia – Freelance journalist Abdiaziz Abdinur was finally released from imprisonment last Sunday.

Local journalists demand the release of their colleague, Abdiaziz Abdinur Ibrahim, in Mogadishu. (Photo courtesy of Reuters/Feisal Omar)

Also known as “Koronto”, Abdinur was arrested last month for interviewing a woman who alleged she had been raped by Somali soldiers. He and the alleged rape victim were brought into custody without warrant and were sentenced to a year in jail for “offending state institutions”.

On Sunday, however, the Somali High Court announced that the charges against Abdinur had been dropped. High Court Chairman Aideed Abdullahi Ilkahanaf told the press that the justices found “no evidence to support his charges.”

Abdinur was relieved upon hearing the court’s decision. “I’m happy to be free,” Abdinur told reporters after thanking the international community and journalist organizations for urging the Somali government to free him. “I’m very happy that I got my freedom back, I thank those who worked in this process that helped my release including my lawyers,” he added on his way out from court.

Abdinur’s case fueled worldwide outrage from various governments and human rights groups.

UN Secretary General Ban Ki-moon said he was “deeply disappointed” by Abdinur’s arrest. The U.S. State Department, meanwhile, said his imprisonment “the wrong message to perpetrators of sexual and gender-based violence”.

The Committee to Protect Journalists (CPJ) described it as “a direct assault on press freedom” in the country especially since it is in the process of recovering from civil war and dictatorship.

Condemning the government’s decision to convict Abdinur, Africa director at Human Rights Watch Daniel Bekele reminded Somali authorities that “silencing rape victims and journalists will not end sexual violence, but just reinforce Somalia’s climate of impunity.”

After announcing Abdinur’s release, Prime Minister Abdi Farah Shirdon Saaid acknowledged the “deep-seated problems” with both the armed forces and judicial system. He said that his administration shall implement measures to safeguard the independence of the local media. He hopes to put an end to the threats, arrests, and attacks several journalists have been subjected to. According to him, the local media plays a critical and constructive role “during the hard times of the country.”

But the Prime Minister also reminded the press of their responsibility. He told reporters that they, in turn, “should be professional and work in the line of the ethics of the media and journalism” as they receive protection from the government.

“Somalia is returning to normalcy and peace, the local media should prioritize how to pacify the country and lead harmony within the Somali people,” Prime Minister Shirdon said.

 

For further information, please see:

All Africa – Somalia: Somali Prime Minister Vows Protection of Independent Media – 17 March 2013

Al Jazeera – Somali journalist held over rape report freed – 17 March 2013

BBC News – Somalia frees rape row journalist – 17 March 2013

Reuters – Somali court frees reporter jailed for interviewing rape victim – 17 March 2013

Shanghai Daily – Somalia court frees rape reporting journalist – 17 March 2013

Kenya’s Election Results Appealed While Protests Ensue

By Hannah Stewart
Impunity Watch Reporter, Africa

NAIROBI, Kenya — Kenya’s Prime Mister Raila Odinga filed an incendiary appeal with the Supreme Court on Saturday, alleging widespread ballot rigging and contend that “glaring anomalies” existed in the vote.  As such, Odinga is petitioning to court to void the results and order a new election.

Supporters of Kenya’s Prime Minister Raila Odinga protest outside the Supreme Court. (Photo Courtesy of Khalil Senosi/AP)

Approximately one hundred of Odinga’s supporters gathered in downtown Nairobi outside the courthouse just before the petition was filed.  Many wore shirts brazenly displaying slogans including “Democracy on Trial” and “I Support the Petition.”

The police had warned the Coalition for Reforms and Democracy supporters they would not be allowed to gather, and fired tear gas into the crowd to force them to disperse.

Since the March 4 election, Odinga has urged his supporters to remain peaceful and refrain from rioting, as they did in 2007 when he narrowly lost Kenya’s last presidential election amid widespread evidence of vote rigging similar to the allegations he is making now.

The presidential, legislative and municipal elections were Kenya’s first elections since the 2007 poll that triggered nationwide ethnic and political violence.  This violence resulted in the death of more than 1,200 people.

On March 4, millions of Kenyans flooded to the polls. According to the national election commission, Uhuru Kenyatta – son of Kenya’s first president – won 50.07 percent of the vote, avoiding a runoff by a nominal margin of approximately 8,000 votes.

Odinga won about 43 percent.  However, he claims in his petition to the court that his vote was covertly reduced and that Kenyatta’s was inflated in a “deliberate, well-calculated and executed ploy” to hand the election to Mr. Kenyatta.  Moreover, the petition claims that there were problems with the registration of voters and an electronic vote counting mechanism.

Odinga’s attempts to nullify Kenyatta’s victory will be the first significant test for Kenya’s new Supreme Court, established under a constitution adopted in a 2010 referendum.  Chief Justice Willy Mutunga, appointed in 2011 to reform a corrupt legal system accused of serving elitist interests, will be under international scrutiny to render a transparent verdict.

Mutunga received death threats in the weeks before the vote, but he has promised that the judiciary will act without “favor, prejudice or bias” when handling election complaints.  Moreover, he has already invited the media to cover any court proceedings live.

Odinga was the also the runner-up in the 2007 presidential election to Mwai Kibaki, which he also said was stolen.

In his acceptance speech last Saturday, Kenyatta called the election “free and fair” and a “triumph of democracy.”

For more information, please see:

BBC News – Raila Odinga Files Kenya Election Appeal– 16 March 2013

Reuters – Kenya’s Odinga Challenges Election Defeat in Top Court – 16 March 2013

The New York Times – Kenya Court Asked to Order New Election for President – 16 March 2013

The Washington Post – Kenya Police Tear Gas Prime Minister’s Supporters as He Files Court Case Against Election Loss – 16 March 2013