News

Postponed Posthumous Trail Pushes For Comparable Magnitsky Act in EU

By Alexandra Sandacz
Impunity Watch Reporter, Europe

MOSCOW, Russia – On Monday, a Russian court postponed the posthumous trial of a dead lawyer, Sergei Magnitsky, who accused law-enforcement authorities of massive corruption.

A guard stands at an entrance to the Tverskoi district court. (Photo Courtesy of RFE/RL)

In 2008, Magnitsky was jailed for tax evasion. However, the charges arose after he claimed several officials and organized criminals conspired to claim $230 million in tax rebates. Suspiciously, while awaiting trial, Magnitsky died in prison of untreated pancreatitis. The Russian presidential council on human rights said that Magnitsky was deliberately denied medical treatment and most likely beaten.

While Magnitsky’s trial is the first posthumous prosecution in Russian legal history, the judge in the Tverskoi district court quickly adjourned the trial until March 22 to give the court-appointed defense team additional time to prepare evidence.

Magnitsky’s family and their lawyers refused to attend last week’s pre-trial hearing because they believe the case in simply politically motivated.

Natalya Magnitskaya, his mother, stated, “It’s inhuman to try a dead man. If I take part in this circus, I become an accomplice to this. I won’t take part in the hearings.”

The European Parliament said the prosecution was “a violation of international and national laws and clearly shows the malfunctioning of the Russian criminal justice system”.

As a consequence of Sergei Magnitsky’s death, the United States passed a law, which provides for asset freezes and visa bans on Russian officials who violate human rights. This law was meant to push the European Union to pass a similar law.

William Browder, CEO of the investment firm Hermitage Capital where Magnitsky worked in Moscow, affirmed, “After the passage of the Magnitsky Act in America, our single biggest priority became the passage of the same act in Europe. The American action was extremely significant because it set the precedent, but the European action will be even more material to the Russians because they keep orders of magnitude more property and money in Europe.”

Kristiina Ojuland, a member of the European Parliament from Estonia, said, “Russians consider themselves, really, like a part of Europe – European. And therefore it’s significant that Europe reacts, not only [to] the Magnitsky case, but in broader terms, reacts against this corrupt, black money that is flying into the EU countries.”

She continues to explain that Russian officials frequently engage in vacationing, shopping, and educating their children in EU countries. As a result, they are also more likely to keep money in European banks. Therefore, asset freezes and visa bans in Europe would hit Russian officials considerably harder than similar sanctions in the United States.

In order for EU-wide sanctions to come into effect, all 27 member states would need to agree to them.

For further information, please see:

BBC News – Trial of Dead Russia Lawyer Sergei Magnitsky Delayed – 11 March 2013

RFE/RL – Magnitsky Trial Quickly Adjourned – 11 March 2013

RFE/RL – Push For Magnitsky Sanctions Intensified In Europe – 11 March 2013

The Washington Post – Trial of Dead Russian Whistleblower Sergei Magnitsky Postponed in Moscow – 11 March 2013

Congolese Army May Lose UN Support Due to Human Rights Violations

By Ryan Aliman
Impunity Watch Reporter, Africa

KINSHASA, Democratic Republic of the Congo – The United Nations announced that it will suspend its support to two battalions of the Congolese armed forces (FARDC) which reportedly have been involved in several human rights violations including mass rapes.

National army soldiers of the Democratic Republic of the Congo. (Photo courtesy of UN News Centre/IRIN/Eddy Isango)

For the past three months, the UN Organization Stabilization Mission in DRC (MONUSCO) has been investigating Minova, North Kivu, and neighboring towns. The mission’s report reveals that two units of the FARDC engaged in mass rapes, among other human rights violations. It found out that at least 126 women were raped in Minova after Congolese army soldiers fled to the town to avoid M23 rebels who seized the nearby province of Goma.

“Many rapes were committed. We have investigated, we have identified a number of cases and we demand that the Congolese authorities take action legally against those people,” a UN official told the press last week. According to him, the UN has demanded the government of the Democratic Republic of the Congo (DRC) to prosecute the soldiers involved in these crimes. Otherwise, the official added, the DRC army will lose the support of U.N. peacekeepers.

“Since nothing sufficient has happened at this stage we have already put two units of the armed forces of Congo on notice that if they do not act promptly we shall cease supporting them,” he said. “They have to shape up.”

So far, MONUSCO has sent the Congolese Armed Forces Chief of Staff a second and final injunction to initiate the formal suspension of support to these two units. MONUSCO has not yet received a response.

“MONUSCO is continuing to advocate with Congolese authorities at the highest level to ensure that the alleged perpetrators, including FARDC commanders, be brought to justice and held accountable,” said UN spokesperson Martin Nesirky. “The Mission will maintain, together with other partners, its support to Congolese judicial authorities to pursue their investigations and will offer its support for any trial to be held,” he added.

MONUSCO was mandated by the UN to protect civilians and supports operations by the Congolese army. As of today, there are more than 17,000 peacekeepers deployed in Congo.

Reports say that the UN peacekeepers have been “stretched thin” by the M23 rebellion. This has led the UN Security council to consider creating a special intervention force that aims to “search and destroy” M23 rebels, as well as other insurgents in the country.

M23 rebels took over the eastern part of the DRC last year, accusing the government of failing to honor a 2009 peace deal.

 

For further information, please see:

UN News Centre – UN calls for suspension of DR Congo military units involved in mass rapes – 8 March 2013

UN Radio – UN mission in DR Congo to suspend support to two battalions – 8 March 2013

UPI – U.N.: Congo soldiers perpetrated mass rape – 8 March 2013

790 KGMI – U.N. threatens to stop working with Congo army units accused of rape – 7 March 2013

 

News of Death Sentences for Football Rioters Leads to More Rioting

By Justin Dorman
Impunity Watch Reporter, Middle East

CAIRO, Egypt  – The death sentences for twenty-one individuals deemed responsible for the February football riots of last year have been upheld. Twenty-four others, including two police officers were sentenced to jail, while twenty-eight others were acquitted. The court’s ruling was televised throughout Egypt, and was met by much protest.

Protesters set football stadium ablaze in Port Said after verdict upholds twenty-one death sentences. (Photo Courtesy of BBC)

The football riots occurred in Port Said during February 2012 when the local Al-Masry squad was taking on Cairo’s out-of-town, Al-Ahly. When the game ended, a majority of Al-Masry supporters stormed the pitch, while the police locked the stadium gates, turned off the electricity, and kept away from the violence. Many who tried to escape the stadium were trampled in the process. Seventy-four people died as a result of the riots. Most of the deceased were supporters of Al-Ahly.

After the verdict was announced, hundreds of Al-Masry supporters congregated outside of the local government headquarters of Port Said calling for independence. Football fan Mohamed Ataya said that, “what we need now is to separate from the rest of the country,” after describing how his friend was given jail time for “helping to carry the dead outside the stadium.” Others thought the towns inhabitants were “scapegoated” in the verdict, and yearned for the military enforced curfew to be removed.

Many in Port Said attacked the Egyptian Football Federation and set it ablaze. Others in Port Said released docked speedboats in an effort to block the Suez canal before the military intervened. There has been only one reported death so far.

The police of Port Said locked themselves in the safety of their station. Since the trial began a month ago, at least fifty people have died. Most of these deaths have come as a result of police gunfire. Police forces in ten of Egypt’s twenty-nine provinces have gone on strike to demonstrate against President Morsi’s use of the police in quashing protesters.

In Cairo, supporters of Al-Ahly rejoiced upon first hearing of the court’s result, but then quickly became angered. While they initially were happy that more Al-Masry supporters were sentenced, they were enraged that only two out of the nine police officers, who were charged, ended up convicted. Many believe that the police’s actions in locking the gates and turning off the lights contributed tremendously to the deaths of those seventy four individuals.

Many Al-Ahly supporters attempted to block Cairo’s important October Bridge. Two other protesters were killed in Cairo by police. One died after inhaling tear gas while the other’s life was taken by bird shot. These deaths are said to have been unrelated to the football trial.

For further information, please see:

Al Jazeera – Deadly Egypt Riots Follow Football Verdicts – 9 March 2013

BBC – Unrest in Egypt Over Port Said Football Riot Sentences – 9 March 2013

Guardian – Egyptian Court Confirms Death Sentences for Port Said Football Rioters – 9 March 2013

Daily Star Lebanon – Clashes in Egypt Port Said as Police Move Prisoners – 3 March 2013

Criminal who Committed Crime as Minor may be Executed Tomorrow in Yemen

By Justin Dorman
Impunity Watch Reporter, Middle East

SANA’A, Yemen– The humanitarian organizations Human Rights Watch and Amnesty International have pleaded with Yemeni President Abdu Rabu Mansour Hadi to save the life of Mohammad Abd al-Karim Mohammad Haza’a. Haza’a, who may have been a minor when he was convicted, has been sentenced to death, and is scheduled to be shot by firing squad tomorrow morning.

The execution by firing squad of Mohammad Abd al-karim Mohammad Haza’a for a crime he committed when he was a juvenile is set for tomorrow, March 9th. (Photo Courtesy of Amnesty International)

Haza’a was first found guilty of murder in August 1999 by the Court of First Instance in Taizz. He was only sentenced to imprisonment and a payment of blood money, known as diya, because Haza’a was found to be seventeen at the time the crime was committed.

Under international law, states are strictly prohibited from utilizing capital punishment as a sanction against a minor who has committed a crime. Where a convict’s age is disputed, a presumption will arise in favor of finding the convict a minor. Any action would be stayed contingent on an investigation into the truth.

Nevertheless, on appeal, the appellate court amended Haza’a’s sentence to the death penalty. Because the dissenting judge believed that Haza’a was a child when he committed the murder, the judge refused to sign onto the decision.

Despite the uncertainty, the Supreme Court affirmed the decision of the Appeals Court in April of 2008. The Supreme Court made no effort to re-examine what Haza’a’s age was when he committed the murder.  

The child rights researcher for Human Rights Watch, Priyanka Motaparthy, has urged the president of Yemen not to allow the carrying out of Haza’a’s sentence, which Hadi had inherited from previous president, Ali Abdullah Saleh’s consent.

Haza’a was originally set to be executed last week. His death was delayed a week due to the persistent efforts of groups like Amnesty International, Human Rights Watch, and the Seyaj Organization for Childhood Protection, to stop the capital punishment, while evidence of his juvenile age exists.

If Haza’a is killed tomorrow, he will not be the first Yemeni minor to have been served with capital punishment. As a result of imprecise records and bad rulings, other minors have been sentenced to death. Currently, Haza’a is one of one hundred eighty criminals facing a death sentence for a crime committed by one when the criminal was a juvenile.

Other countries who have executed juveniles in the past five years include Iran, Saudi Arabia, and Sudan.

For further information, please see:

Amnesty International – We Wish to Inform you That Tomorrow you Will be Executed – 8 March 2013

Human Rights Watch – Yemen: Halt Execution of Alleged Juvenile Offender – 8 March 2013

Yemen Post – In Response to Sejay’s Appeal, Taiz Court Suspends Death Penalty Against Juvenile – 27 February 2013

Tymoshenko Defender Stripped of MP Mandate and Immunity

By Madeline Schiesser
Impunity Watch Reporter, Europe

KIEV, Ukraine – Serhiy Vlasenko is no longer a member of the Ukrainian parliament, or Rada.  He was stripped of his seat Wednesday, and the immunity from prosecution that goes with it.  Although Ukraine’s Highest Administrative Court claims that the reason Vlasenko was removed was because he illegally combined the occupations of legislator and lawyer, many believe the move was politically motivated.  Vlasenko is a member of the opposition party, Batkivshchyna, and acted as an attorney, for free, for jailed former Prime Minister Yulia Tymoshenko.

Serhiy Vlasenko was stripped of his parliamentary mandate and immunity from prosecution in a politically motivated attempt to prevent him from defending former PM Tymoshenko. (Photo Courtesy of RFE/RL)

The court acted on a motion from Party of Regions political ally, Speaker Volodymyr Rybak, of current Prime Minister Viktor Yanukovich, which claimed that Vlasenko acted as a lawyer while holding office, a banned act.

Vlasenko has claimed that the Party of Regions desires his arrest in order to deprive Tymoshenko of a qualified legal defense.  He further says that he is aware of at least three criminal charges already against him.

However, opposition leader Arseniy Yatseniuk has promised that the Batkivschyna party plans to take all possible measures to prevent Vlasenko’s arrest.  “We will do everything so that Vlasenko is not arrested, including with the assistance of our Western partners,” he said on Thursday.

According to Member of the European Parliament Rebecca Harms, if Vlasenko is arrested and jailed, an Association Agreement between the European Union and Ukraine currently under discussion will not be signed.  Hams further emphasized that if the Ukrainian government continues to employ selective judgment of political opponents, the European Union would introduce sanctions against the Ukrainian authorities.

European Commissioner for Enlargement, Stefan Fuele, condemned the ruling, saying via Twitter: “Stripping a parliamentarian of his mandate like being done in case of Vlasenko is not European way. Does this bring Ukraine closer to EU?”

The United States State Department has also spoke out against the treatment of Vlasenko, saying efforts to deprive Vlasenko of his seat in parliament “appear to be politically motivated due to his connection with Tymoshenko.”  The State Department further noted that Vlasenko is not the first lawmaker to be forced out of Ukraine’s parliament.  Last month a Ukrainian court annulled the parliamentary mandates of two independent lawmakers: Pavlo Blaloha and Oleksandr Dombrovsky.  The United States called on the Ukrainian government to end “politically motivated prosecutions of opposition leaders and to abide by their international commitments to the rule of law and democracy.”

Former PM Tymoshenko has notably been a political adversary of current PM Yanukovich, of the Party of Regions.  In 2004, she led the Orange Revolution protests that stopped his first bid for the presidency.  However, in 2011, she was jailed on abuse-of-office charges, and now faces tax evasion and embezzlement charges, as well as suspicion of involvement in a political murder.  She claims she is innocent of all charges and that they are merely revenge from Yanukovich’s political camp.

Vlasenko remains undeterred by the loss of his parliamentary mandate.  “Today’s court decision does not influence my status as a defense counsel in the case of Yulia Tymoshenko. I will continue to defend her as before,” he said Wednesday.  “I realize that their goal was not just to withdraw my mandate – their goal was to stop me,”

For further information, please see:

Kyiv Post – Yatseniuk: Opposition to do Everything to Prevent Vlasenko’s Arrest – 7 March 2013

Kyiv Post – European Lawmaker: If Vlasenko Jailed, Ukraine-EU Association Agreement Won’t be Signed – 7 March 2013

Ukraine Business – Vlasenko Remains Tymoshenko’s Defender – 7 March 2013

The Independent – Ukrainian Defense Lawyer is Stripped of Seat – 6 March 2013

Returns – Ukraine Court Strips Tymoshenko Ally of Parliament Seat – 6 March 2013

RFE/RL – U.S. ‘Deeply Concerned’ Over Anti-Opposition Moves In Ukraine – 6 March 2013