News

Argentina Begins the Trial of Participants of Operation Condor

By Pearl Rimon
Impunity Watch Reporter, South America

 BUENOS AIRES, Argentina – The former government officials responsible for tens of thousands of disappearances of dissidents in the southern region of South America during the 1970s and 1980s are standing trial for the first time. Twenty-five defendants, all former military officers, are accused of human rights abuses during Operation Condor, which was a decade-long campaign led by six allied military officials who conspired to find activists living in exile in neighboring countries.

Former dictator Reynaldo Bignone on the first day of Operation Condor trials. (Photo Courtesy of Natacha Pisarenko/AP)

Operation Condor coordinated the military dictatorships in Argentina, Bolivia, Brazil, Chile, Paraguay, Peru and Uruguay. Opponents of the regimes were tracked down and often tortured or killed, these included guerrilla fighters, activists, students, priest and journalist.

The defendants include Jorge Videla and Reynaldo Bignone, who were former de factor presidents during the country’s 1976-83 military rule. Both are already serving life sentences for their role in the country’s Dirty War. The sole non-Argentine defendant is Uruguayan Manuel Cordero, a former colon charged with human rights violations from a Buenos Aires torture center. Videla and Bignone were accused of “illicit association” and “deprivation of personal liberty”.

“We’re delighted that after years of struggle this has finally come to trial,” says Alcira Ríos, the lawyer of a Paraguayan victim.

In 1980, a left-wing militant named Horacio Campligia was abducted in Rio de Janeiro and taken to a military base in Buenos Aires, which was his last known whereabouts. “The trial is historic as it’s the first to deal with the repression coordinated between Latin American dictatorships,” says Carolina Varsky, the lawyer representing Campiglia.

“This is a huge step to achieve the truth internationally…” said Atilio Borón, an Argentine political scientist.

The trial is expected to last two years and call 500 witnesses to testify. Judges are expected to rule on 106 victims’ cases directly from Operation Condor and on 56 cases stemming from a related operation. Most of these victims are Uruguayans who disappeared in Argentina, but citizens from neighboring countries were also affected.

“This is the first time in Latin America that a trial is being held over Operation Condor, to prosecute those responsible, above and beyond trials held in some countries for specific cases,” lawyer Luz Palmas of the Fundación Liga Argentina por los Derechos Humanos (FUNLADDHH), a human rights organization.

Operation Condor was backed by the United States. The investigation into the operation began in the late 1990s when impunity laws were still in place. Human rights have been a focal point in Argentina since Néstor Kirchner overturned impunity laws.

 

For more information, please see:

Christian Science Monitor — Argentina begins prosecution of military-era human rights abuses – 05 March 2013

Global Post — Argentine rights trial spotlights military abuses – 05 March 2013

Inter Press Service — Operation Condor on trial in Argentina – 05 March 2013

Yahoo! News — Argentina begins prosecution of military-era human rights abuses – 05 March 2013

War Criminal Bosco Ntaganda Surrenders at US Embassy

By Hannah Stewart
Impunity Watch Reporter, Africa

KIGALI, Rwanda — Fugitive Congolese warlord Bosco Ntaganda walked into the US embassy in Kigali, Rwanda on Monday and surrendered.  He asked to be transferred to the International Criminal Court (ICC) in the Hague.  There, Ntaganda faces a litany of war crime charges.

Congolese rebel leader Bosco Ntaganda, seen in 2009. (Photo Courtesy of Lionel Healing/AFP)

Ntaganda’s surrender came as a surprise, as he effectively ended a career that saw him fight as a rebel and government soldier on both sides of the Rwanda-Congo border during two decades of conflict in Africa’s Great Lakes region.

Born in Rwanda, Ntaganda grew up in Congo; however, he fought alongside Rwandan Tutsi rebels who seized control of the small central Africa country and ended the 1994 genocide.  Estimates for the death toll range from 700,000 to 1,000,000 people.

Ntaganda then returned to Congo, where he took part in a series of rebellions, but also served temporarily as a senior general.  He made a name for himself by smuggling minerals.

During the 2002 and 2003 conflict in Congo’s Ituri province, it is said that Ntaganda kidnapped, enlisted and conscripted children under the age of fifteen as soldiers and used them in the hostilities.  Moreover, it is said that troops under his command massacred hundreds of civilians on ethnic grounds and used rape as a weapon of war.

In 2009, Ntaganda was integrated into the Congolese army with insurgents and has acted a leader of the M23 rebellion.  The M23 rebels have pursued an insurgency in a mineral-rich region of the Democratic Republic of the Congo.  M23 forces embarrassed Kinshasa and UN peacekeepers in fall 2012 by briefly seizing control of the North Kivu province.

The UN has repeatedly denounced this group’s activities and has sanctioned its leaders, accusing M23 rebels of war crimes.

Known as “The Terminator,” Ntaganda was first indicted in 2006 by the ICC for conscripting and using child soldiers during a 2002-2003 Congo conflict.  A second arrest warrant, issued July 2012, accused him of a range of crimes including murder, ethnic persecution and rape.

Neither Rwanda nor the United States has an obligation to hand Ntaganda over to ICC since they are not parties to the Rome Statute that established the court; however, the countries are working towards his transfer.

US State Department spokeswoman, Victoria Nuland told reporters in Washington that, “We are currently consulting with a number of governments, including the Rwandan government, in order to facilitate his request.”  Likewise, ICC spokesman Fadi el-Abdullah said the Court would put in place all necessary measures to ensure a swift surrender.

It remains to be seen why this infamous war criminal suddenly surrendered himself to the authorities now.

To learn more about Ntaganda’s crimes in interviews with his victims, please watch this short video uploaded by the Washington Post: “A Powerful Video on War Criminal Ntaganda”

For more information, please see:

CNN – Suspected War Criminal Surrenders in Rwanda – 19 March 2013

NBC News (blog) – War Crimes Suspect “The Terminator” Surrenders at U.S. Embassy in Rwanda – 19 March 2013

Reuters – Rwanda Says War Crimes Suspect Surrenders at U.S. Embassy – 19 March 2013

The Washington Post – Congo Warlord Bosco Ntaganda, Wanted by the ICC Since 2006, Remains Ensconced at US Embassy – 19 March 2013

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