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Chris Smith, Chairman of House Foreign Affairs Subcommittee on Human Rights, Denied Russian Visa

By Madeline Schiesser
Impunity Watch Reporter, Europe

MOSCOW, Russia – U.S. Representative Chris Smith, a leading congressional human-rights advocate, was denied a visa to travel to Russia last week by authorities in Moscow.  Smith believes the denial is in retaliation for the recently passed U.S. Magnitsky Act, which imposes sanctions and visa bans on Russian officials believed involved in human rights violations.

Rep. Chris Smith (R-NJ). (Photo Courtesy of the Moscow Times)

Russia has never before denied Rep. Chris Smith (R-NJ), the chairman of the House Foreign Affairs subcommittee on human rights, a visa.  Smith says “The Magnitsky bill is the reason I didn’t get the visa.  This is the first time.  I was shocked.  During the worst days of the Soviet Union I went there repeatedly.”  Smith vocally backed and voted in favor of the bill, as did 364 other members of the House.  Russia is now among a short list of countries, including China, Cuba, and Belarus, to deny Smith, a veteran of the House since 1981, a visa.

No official reason has been given for refusing the visa and the Russian Embassy in Washington has refused to comment on visa issues.  However, Russian Ambassador to the U.S. Sergey Kislyak told Smith that the decision was made in Moscow, not Washington.

Although the State Department, including U.S. Ambassador to Russia Mike McFaul, attempted to intercede on Smith’s behalf, Moscow was not swayed.

The purpose of Smith’s visit was to discuss the frosty relations between Russia and the United States since the passage of the Magnitsky Act, particularly Russia’s reply, the Dima Yakovlev Law.  This law, passed shortly before the end of last year, ended U.S. adoption of Russian orphans (citing concerns American parents abuse Russian children) and reciprocal sanctions including visa bans and asset freezes for alleged U.S. human rights violators.

“I even have a resolution that highlights the fact that those 19 kids died.  If somebody is responsible for this, they ought to pay a price,” Smith lamented.  “I was going over to talk about adoption and human trafficking.  They have legitimate concerns that we have to meet.”

Russian authorities were incensed when U.S. President Barack Obama signed the Magnitsky Act into law in December, and considered the Act, labeling certain Russian officials as connected to human rights abuses, as meddling in Russian domestic affairs.  By mid-April, the Obama administration is required to submit a list of Russian officials to be blacklisted, which could further heighten tensions between the countries.

Valery Garbuzov, the deputy director of the Institute for U.S. and Canadian Studies in Moscow, has warned that Smith’s visa denial may be the first volley in an extended visa war.  He further cautioned that the nations’ top leaders need to take actions to halt such a visa war.  “President Obama cannot cancel the Magnitsky Act, so relations will have to be built on these premises,” he said. “At the same time, the Russian response was excessive, which made the situation snowball.”

MP Alexei Pushkov, head of the State Duma’s International Affairs Committee, said whether U.S. officials receive visas is dependent upon the United States, and noted that the sponsors of the Magnitsky Act will not be allowed to travel to Russia, in the “spirit” of the Dima Yakovlv law.  “We were not the initiators of this process,” he said.  “In every country, restrictions can be put in place for certain categories of people based on the spirit of existing legislation.”

Deputy Foreign Minister Sergei Ryabkov declared in January that Russia has a “Guantanamo list” of 71 U.S. nationals who are barred from entering Russia due to human rights violations.

Smith, however, is determined to keep a dialogue open with Russia, and plans to continue to push for the visa. “I was going over to talk about adoption and human trafficking,” Smith said. “They have legitimate concerns that we have to meet. I’m disappointed but I am determined to have it reversed. So I’m going to reapply.”

For further information, please see:

Moscow Times – U.S. Lawmaker Says Russia Denied Him Visa – 28 March 2013

RIA Novosti – US Official Denied Russian Visa, Cites Magnitsky Row: Report – 28 February 2013

RT – We Did Not Initiate the Visa Row With US – Russian Lawmaker – 28 February 2013

The Cable – Russia Denies Visa for Leading Congressional Human-Rights Advocate – 27 February 2013

Family Calls Murder of Mississippi Mayoral Candidate a Hate Crime

By Mark O’Brien
Impunity Watch Reporter

WASHINGTON, United States — The family of a respected gay African American candidate for Mayor in Clarksdale, Miss., said this week that they view his death as a hate crime.

The family of Marco McMillian, a gay, African American candidate for mayor in a small Mississippi town, wants authorities to investigate his murder as a hate crime. (Photo Courtesy of Clarion Ledger)

The body of Marco McMillian, 33, was beaten, dragged, and burned, a family member said on Monday.  Carter Womack, McMillian’s godfather, said the coroner told relatives that someone dragged McMillian’s body under a fence and left it near the Mississippi River last week.

Coahoma County Coroner Scotty Meredith declined to comment.  But the Associated Press reported that a person with direct knowledge of the investigation confirmed that McMillian had bruises and burns on at least one area of his body.

“We remember Marco as a bold and passionate public servant, whose faith informed every aspect of his life,” McMillian’s campaign said in a statement to the media.

McMillian was reportedly the first openly gay man to become a viable candidate for public office in Mississippi.  The Coahoma County Sheriff’s Department, however, said it would not investigate McMillian’s death as a hate crime, according to spokesperson Will Rooker.

“There’s a lot of people upset about [McMillian’s murder],” said Dennis Thomas, who works at Abe’s Barbeque.  “Why would somebody want to do something like that to somebody of that caliber?  He was a highly respected person in town.”

Investigators have arrested 22-year-old Lawrence Reed of Shelby in McMillian’s death.  Authorities arrested Reed when he crashed McMillian’s SUV into another car near the Coahoma border with Tallahatchie County.  McMillian was not in the car, and his body was ultimately discovered about 30 miles away from the crash, in the woods near the Mississippi-Yazoo levee.

Sources told WPTY, the ABC News affiliate in Memphis, that McMillian was strangled, but authorities would not confirm that.  The family did not address that issue in its public statement.

The news station also reported that Reed’s sister claimed that Reed did not know McMillian was gay.  Instead, she said McMillian may have made sexual advances toward Reed in the car.

“[McMillian] was very concerned about his safety,” Womack said.  “People had tried to talk him out of the race.”

According to his website, McMillian graduated magna cum laude from Jackson State University and earned a master’s degree from St. Mary’s University in philanthropy and development.  He also was a CEO of a nonprofit consulting firm called MWM & Associates.

The Mississippi Bureau of Investigation is helping the sheriff’s department with the investigation.

For further information, please see:

Clarion Ledger — Family: Marco McMillian’s Murder a Hate Crime — 4 March 2013

Huffington Post — Marco McMillian Beaten, Burned, Family of slain Gay Mississippi Mayoral Candidate Says — 3 March 2013

Time — Man Charged in Mississippi Mayoral Candidate’s Death — 1 March 2013

ABC News — 22-Year-Old Charged with Murder Miss. Politician — 28 February 2013

CBS News — Man Charged in Slaying of Miss. Mayoral Candidate — 28 February 2013

Somali Court Clears Woman Convicted in Rape Case

By Heba Girgis
Impunity Watch Reporter, Africa

MOGADISHU, Somalia—Yesterday, Sunday, March 3, 2013, a Somali appeals court dropped charges against a woman who alleged that she was raped by government security forces and had been convicted of defaming the government.

Somali government soldiers in Mogadishu. The woman’s trial has been linked to media coverage of high levels of rape among government security forces. (Photo Courtesy of The Guardian)

The appeals court Judge Mohamed Hassan Ali said that there was not enough evidence to substantiate the prosecution’s charge. A court last month had sentenced the woman to one year in prison after medical evidence entered into the record showed that perhaps the woman was not raped. Many experts, however, questioned whether Somalia actually has the medical expertise to make this kind of a judgment.

The journalist who interviewed the rape victim was also tried and convicted for defaming the government. His sentence was reduced from one year to six months. The judge stated that the interview was not conducted according to Somali law or Somali journalism ethics.

The verdict against both the journalist and the victim provoked international attention and outcry. Human rights groups including Human Rights Watch said they were not satisfied with the appeals court’s decision. Daniel Bekele, the Africa director for Human Rights Watch said, “The court of appeals missed a chance to right a terrible wrong, both for the journalist and for press freedom in Somalia.” He continued saying, “The government has argued that justice should run its course in this case, but each step has been justice denied.”

The Prime Minister of Somalia, Abdi Farah Shirdon, was happy with this decision and said, “We are a step closer to justice being done.” He had a different opinion when it came to the journalist. He said, “However, I hoping for a different outcome on the journalist. I note his sentence has been reduced from 12 months to six, but I do not believe journalists should be sent to prison for doing their job. We must have freedom of expression, which is guaranteed in our constitution.”

In February, after the convictions, the United Nations Secretary General Ban Ki-moon expressed his deep disappointment over the sentences and urged the Somali government, “to ensure that all allegations of sexual violence are investigated fully and perpetrators are brought to justice.”

Experts noted that in confronting violence against women, the original verdict convicting the victim, would discourage Somali women from reporting rape even more than they are already in the conservative Muslim society prevalent in Somalia.

 

For further information, please see:

ABC News – Somalia: Court Clears Woman Convicted in Rape Case – 3 March 2013

Fox News – Appeals Court Clears Woman Convicted in Rape Case that Drew Widespread Condemnation – 3 March 2013

Hiiran Online – Court Clears Woman Woman Convicted in Rape Case – 3 March 2013

The Washington Post – Appeals Court Clears Woman Convicted in Rape Case that Drew Widespread Condemnation – 3 March 2013

Czech President Impeached and Charged with Treason for Amnesty

By Alexandra Sandacz
Impunity Watch Reporter, Europe

PRAGUE, Czech Republic – On Monday, the upper house of the Czech parliament impeached outgoing President Vaclav Klaus for treason. The charges arise over his amnesty of thousands of prison inmates and others.

Czech parliament impeached outgoing President Vaclav Klaus for treason. (Photo Courtesy of Reuters)

On January 1, President Klaus ordered more than 6,000 inmates serving short prison terms to be released. Furthermore, his amnesty stopped court proceedings in several fraud cases because he wanted to stop “endless criminal proceedings.” These proceedings lasted for more than eight years and caused widespread public anger.

As a consequence, a dozen high-profile corruption cases, some which involved millions of dollars in asset-stripping, bribes, and fraud, were thrown out.

38 out of an 81-seat house voted to impeach the president for his New Year amnesty. Only the Senate has such power in the Czech legal system.

The senators also accuse Klaus of violating the constitution when he refusing to ratify several European treaties, and for “refusing to rule on the appointment of judges despite being ordered by courts to do so”.

Klaus’s opponents do not necessarily want to punish the former president. However, they want to clarify the rules for the future.

Senator Miroslav Antl stated, “We want to know how far a president [is permitted] go.”

Petr Necas, prime minister and chairman of the conservative Civic Democratic Party, called Klaus’s move “an attack on our country’s reputation … It is purely motivated by personal hatred.”

The Czech citizens also oppose Klaus’s orders. More than 73,000 Czechs have signed a petition backing the charges of treason, and numerous Klaus portraits have been torn down in schools and offices.

However, Vaclav Klaus stated he does not regret the amnesty and “would do it again in absolutely the same way”. Moreover, Klaus rejected the accusations that said he deliberately formulated the amnesty to free serious criminals.

The Constitutional Court expects to deal with Klaus’s case quickly, but it is still likely to be weeks before a verdict is announced.

The worst punishment Klaus faces is the loss of his presidential job, a role the 71-year-old will terminate later this week after serving two full terms in office. However, he will most likely not be able to run again.

If found guilty, Klaus will also lose his state pension as a former president that equals about $5,000 a month.

For further information, please see:

BBC News – Czech President Vaclav Klaus Faces Treason Charge – 4 March 2013

Financial Times – Vaclav Klaus Faces Treason Charges – 4 March 2013

Reuters – Czech Upper House Votes to Impeach President Klaus – 4 March 2013

The Washington Post – Czech Parliament’s Upper House Agrees to Charge President Vaclav Klaus with High Treason – 4 March 2013

HRW to Yemen: Stop Executing Juveniles

By Ali Al-Bassam
Impunity Watch Reporter, Middle East

SANAA, Yemen — Human Rights Watch (HRW) released a 30 page report last Monday, revealing the number of juveniles who currently face capital punishment in Yemen.  For their report, HRW interviewed five young men and a young woman on death row in Sanaa Central Prison, and also reviewed case files for nineteen other alleged juvenile offenders.

A view from Hodeida Central Prison taken in 2010, home to a prisoner facing execution for a crime she committed when she was fifteen. (Photo Courtesy of Al Jazeera)

Titled “‘Look at Us with a Merciful Eye’: Juvenile Offenders Awaiting Execution on Yemen’s Death Row,” HRW urged President Abdu Rabu Mansour Hadi to immediately reverse execution orders for three alleged juvenile offenders who had exhausted their appeals process and currently await an execution by firing squad.

The report also revealed that at least 22 juveniles were sentenced to death despite being under 18 years old at the time they allegedly committed the crime.  It also stated that at least fifteen men and women who claimed to be below the age of eighteen were executed in the last five years.

Human Rights campaigners criticize Yemen, who has one of the highest death penalty rates in the world, for increasingly jailing and executing people who committed crimes as children.  Campaigners also criticized Yemen for its failure to provide everyone with birth certificates, and for having a failing justice system.

Mariam al-Batah, a nineteen year old who is currently awaiting execution, was one of the prisoners mentioned in HRW’s report.  For three years, she has called Hodeida Central Prison, a crowded jail located in Yemen’s Western Coast, home.  She was sentenced to death for committing murder at the age of fifteen.  Her family came from a rural background, like 80% of Yemen’s estimated population, and failed to register a birth certificate for her, resulting in tragic consequences.  Al-Batah, who was married off at the age of twelve, killed the child of her husband’s first wife when the child released her from a room that her husband had locked her in.  She recalled rushing out of the room in a “disoriented and dizzy state,” and then violently hurled the child to the floor, killing it immediately.  When she could not produce a birth certificate before the court to prove she was younger than eighteen, she was sentenced to death.

Since 1994, Yemen’s penal code had banned the execution of juveniles.  Under Yemeni law, children fifteen years and younger can be tried as adults, but are only subject to a maximum penalty of ten years imprisonment if found guilty of murder.  “Proving one’s age is a huge issue in Yemen in these cases,” said Priyana Motaparthy, a researcher for HRW. “But there is a second issue: even in cases when juvenile offenders and lawyers were able to produce strong evidence suggesting they were under eighteen for their alleged crime, judges and prosecutors have disregarded Yemeni law and called for death sentences.”

HRW said that President Hadi should review all death sentences where doubt exists that the defendant was at least eighteen years of age at the time the offense was committed, and to commute sentences when evidence of a defendant’s age is inconclusive or in conflict.

HRW says that Yemen is one of four countries in the Middle East where juveniles can still be face capital punishment.  The other three are Iran, Saudi Arabia, and Sudan.

Al Jazeera — Yemen Unyielding on Child Executions — 4 March 2013

Human Rights Group — Yemen: Juvenile Offenders Face Execution — 4 March 2013

United Press International — HRW: Yemeni Government Urged to Stop Executing Youthful Offenders — 4 March, 2013

Yemen Post — HRW Urges new Government in Yemen to Stop Executions of Juveniles — 4 March 2013