News

Tribunal Starts Process of Land Restitution for Displaced Families in Colombia

By Pearl Rimon
Impunity Watch Reporter, South America

 BOGOTA, COLOMBIA – A Colombian tribunal has restored land stolen from 32 displaced families as part of the country’s land restitution law. Residents of Córdoba have been the target of numerous threats and intimidation. A tribunal that specializes in land restitution issues ruled on February 13th for the restitution of 405 acres of land on the Santa Paula Farm.

Colombian President Juan Manuel Santos signing the Victims and Land Restitution Law. (Photo Courtesy of EITAN ABRAMOVICH/AFP/Getty Images)

The land restitution office was created by the Victims and Land Restitution Law in 2011 which is supposed to return over 4.9 million acres to the displaced owners affected by the nearly 50 year conflict.The new law aims to return millions of acres that belonged to Colombians who have fled their homes due to violence in addition to financial compensation, all of these displaced Colombians are victims of human rights violations and infractions of international humanitarian law.

“This ruling restores victims’ ownership over land seized by one of Colombia’s most powerful paramilitary mafias, in a region where it continues to exercise influence. It is a milestone achievement for Colombia’s land restitution office and the victims who have courageously stepped forward to reclaim their land,” said Jose Miguel Vivanco, the Americas director at Human Rights Watch.

Mario Cuitiva, a member of one of the families claiming rights to the farm has been the target of threats and intimidation which caused him to flee in November 2012.  Cuitivia, is not the first member of these displaced families to experience repercussions. Yolanda Izquierdo, a former leader of the effort to reclaim the Santa Paula farm was shot in January 2007. The shooter is Sor Teresa Gómez, member of the AUC, the right winged paramilitary organization that planned the theft of the land. There are 49 members of the families who have had threats made against them.

There has been debate in Colombia by how successful the land restitution law has been. The Interclesial Commission for Justice (CIJP), a NGO, has accused associates for former president Uribe in blocking land restitution. Many of those associates have links to paramilitaries and are undergoing investigation. “Officials of the government of Uribe, and persons of his entourage are engaging in actions legal and illegal [to block land restitution]. For example people were fraudulently chosen as representatives of their communities. They are businessmen or put forward by businessmen – businessmen linked to paramilitaries,” said Jesus Alberto Franco, a spokesman for the CIJP.

The land restitution office has filed an additional 80 claims to the land and are awaiting the rulings.

 

For more information, please see:

Human Rights Watch — Colombia: Landmark Ruling for Land Restitution – 20 Feb 2013

Colombia Reports — Paramilitaries, Uribe’s Associates ‘Blocking’ Land Restitution: NGO – 15 Feb 2013

Amnesty International — The Challenges of Colombia’s Victims’ Law – 15 June 2011

Human Rights Watch — Colombia: Victims Law a Historic Opportunity – 10 June 2011

Militants Kidnap French Family of Seven in Cameroon

By Hannah Stewart
Impunity Watch Reporter, Africa

YAOUNDE, Cameroon — On Tuesday, Nigerian Islamic militants abducted a French family of seven, including four children in northern Cameroon.  Reports state that the family has been taken across the border into Nigeria.

President Hollande condemned the abduction of French citizens while visiting Greece. (Photo courtesy of The New York Times via Bertrand Langlois/Agence France-Presse)

Reports state that men on motorcycles, armed with Kalashnikovs, intercepted the family in their car near Waza National Park and forced them to drive to the nearby Nigerian border

Waza Park, a natural wildlife reserve in the Far North Region attracts mainly foreign tourists. However, the area suffers from abduction raids by groups in Cameroon, Chad and Nigeria; these bandits often kidnap locals for ransom.

Given France’s involvement in Mali to oust Islamic rebels in the north, the risk of attacks on French nationals and interests in Africa has risen in the last month.

French President Francois Hollande, speaking during a visit to Greece, warned French citizens in West Africa to avoid putting themselves in dangerous situations.  Hollande noted that while France is engaged in a military campaign in Mali, terrorists “are not just in Mali.”

As of today, a total of 15 French citizens are currently being held in western Africa: the seven abducted in Cameroon, one other in Nigeria, and seven thought to be held in northern Mali.

Moreover, the abduction of the French family came a day after an Islamist group in Nigeria claimed responsibility for taking seven foreigners hostage at a construction site in the northern state of Bauchi.

The group that calls itself Ansaru issued a short statement about the kidnapping in northern Nigeria over the weekend, hinting at political motivations for kidnapping what Nigerian authorities say are one British citizen, one Greek, one Italian, three Lebanese and one Filipino, who reportedly work for Setraco Nigeria Ltd.

This series of kidnappings have added to fears of instability and danger toward Westerners in the region.

For more information, please see:

Bloomberg – French Kidnapped in Cameroon Were Taken Into Nigeria – 19 February 2013

CBS – Militants Kidnap French Family of 7 in Cameroon, Officials Say – 19 February 2013

Chicago Tribune – Militants Kidnap French Family in North Cameroon – 19 February 2013

Reuters – Militants Kidnap French Family in North Cameroon – 19 February 2013

Russia Pushes Forward with Magnitsky’s Posthumous Trial

By Alexandra Sandacz
Impunity Watch Reporter, Europe 

MOSCOW, Russia – Yesterday, Russia pushed forward with the posthumous prosecution of a whistleblowing lawyer, Sergei Magnitsky, for tax evasion charges.

Russia moves forward with posthumous trial against Magnitsky. (Photo Courtesy of The Guardian)

Magnitsky, whose name titled a new U.S. law that punishes alleged human rights abusers, died in 2009 during his stay in a Moscow pretrial detention facility. Magnitsky was jailed and charged with tax evasion after he accused high-ranking Russian officials of a multimillion-dollar embezzlement.

Despite an attempt by Magnitsky’s relatives to block a trial they believe is “inhuman and politically motivated”, a Moscow Tverskoi District Court judge ordered the appointment of a state sanctioned lawyer to represent and give ‘legal advice’ to deceased Sergei Magnitsky.

The next scheduled hearing is for the judge to determine if Magnitsky has been ‘properly notified’ of the trial and if Magnitsky provided the prosecutor with ‘confirmation of notification in writing.’

A Hermitage Capital representative stated, “The fact that this posthumous trial is going ahead, indicates that justice in Russia is turning into raw and out­right blasphemy. The only place where a notice to Sergei Magnitsky can be delivered is to his grave at the Preobrazhenskoye cemetery, and any written confirmation would need to be obtained from his corpse. There is a special place in hell for the people organizing this.”

Amnesty International believes Magnitsky’s trial is “a whole new chapter in Russia’s worsening human rights record” and is a “sinister attempt to deflect attention from those who committed the crimes he exposed”. In addition, the trial violates his human rights even in death, denying him “in particular the right to defend himself in person.”

Magnitsky’s mother, Natalia Magnitsky, sincerely requested that all Moscow lawyers boycott any requests from the court to participate in the trial as state appointed lawyers.

In her statement, she stated, “The reopening of a prosecution against my dead son without my consent and without the consent of other close relatives and against their will, is contrary to the aims and the legal meaning of the judgment of the Russian Constitutional Court… It distorts its legal purpose, violates the constitutional rights of my son, and especially in light of recent international events, is politically motivated.”

Natalia Magnitsky continued, “With the help of my son, crimes of persons occupying high positions in govern­ment were exposed, and because of these crimes, those officials have become enormously rich. These individuals, especially at the present time, are interested to compromise my son. With this purpose, they have organized this posthumous prosecution in order to obtain a knowingly unjust judgment and posthumously defame the honest name of my son.”

Conversely, lawyer, Mark Feigin, said he was interested in finding Magnitsky guilty because it would offer some vindication for the officials who were accused of embezzlement. Furthermore, lawyer, Anna Stayitskaya stated, “The purpose of the case is to acknowledge Magnitsky’s guilt and demonstrate to the world that it is defending a guilty person and the Magnitsky Act was a mistake. But Russia doesn’t understand that no one will believe the court’s decision.”

For further information, please see:

Law and Order In Russia – ‘Blasphemous’ Posthumous Trial Against Magnitsky Begins with the Forced Appointment of a State Sanctioned Lawyer to Magnitsky – 18 February 2013

The Guardian — Dead Russian Lawyer to go on Trial Next Month — 18 February 2013

The Moscow Times – Magnitsky Hearing Put Off for 2 Weeks – 18 February 2013

Reuters – Russian Court Rejects Attempt to Block Dead Lawyer’s Trial – 18 February 2013

The Independent – Russia Set for Posthumous Magnitsky Trial – 17 February 2013

Activist Creates South African Political Party to Challenge Ruling ANC

By Hannah Stewart
Impunity Watch Reporter, Africa

Johannesburg, South Africa — Dr. Mamphela Ramphele, an anti-apartheid activist and co-founder of South Africa’s Black Conscious Movement, has announced the formation of a new political party to challenge ruling African National Congress (ANC), to which Nelson Mandela once belonged.  Dr. Ramphele’s party is called Agang, a Sesotho word meaning “build.”

Mamphela Ramphele speaks at the women’s jail on Constitution Hill in Johannesburg, South Africa. (Photo Courtesy of The Guardian via Stephane De Sakutin/AFP)

Dr. Ramphele, a 65 year-old medical doctor and social anthropologist, told a news conference on Monday that her party will serve millions of South Africans who desire a new beginning.  She stated her call to South Africa: “join me in building the South Africa of our dreams.”

She accused the governing party of corruption, undermining democracy, and abusing its political power.

Moreover, Dr. Ramphele confirmed at the news conference that her party will run in the 2014 elections and will campaign “from village to village.”  Her party is the latest in a string of opposition groups challenging ANC’s dominance.

The ANC, which was formed more than a century ago, has won every national election since the end of apartheid in 1994.  However, the party has been subject to increased scrutiny due to charges of corruption and poor governance.  Despite promising “a better life to all,” inequality in South Africa has only grown since apartheid ended.

South Africa faces a growing chasm between rich and poor, as well as widespread unemployment.  As such, South Africa has seen increasingly violent protests against job losses and utility shortages.  Moreover, the country is facing an education and health crisis.

Dr. Ramphele has been a fixture in South African public life for decades.  She had a close relationship with Steve Biko, a Black Consciousness activist, who died in police custody in 1977.  They had two children together.  The apartheid government banished her for seven years to the village of Lenyenye for her political activism.  There she committed to bettering the community and she started a small clinic that treated thousands of rural residents.  She has also earned degrees in anthropology and business.

After apartheid ended, she became the first black vice chancellor of the University of Cape Town.  She later became a managing director of the World Bank.

When asked how the Mandela of 1994 would feel about the state of the nation now, Dr. Ramphele said: “absolutely disappointed.”  She went on to say that, “he would be the first to acknowledge that he failed, but the fact of the matter is that failure is not a problem, the problem is what do we learn from failure?”

For more information, please see:

The Guardian – Mamphela Ramphele Launches Challenge to South Africa’s ANC – 18 February 2013

The New York Times – Anti-Apartheid Leader Forms New Party in South Africa – 18 February 2013

The Wall Street Journal – Activist Seeks to Take On African National Congress – 18 February 2013

The Washington Post – Anti-apartheid Fighter Mamphela Ramphele to Form a Party to Build a “South Africa of Our Dreams” – 18 February 2013

Rafael Correa Wins Presidential Election in Ecuador, Many Fear More Media Restrictions

By Pearl Rimon
Impunity Watch Reporter, South America

QUITO, Ecuador – Rafael Correa won the presidential election earlier this month by a wide margin. Correa’s win could mean more media regulations on the country.

President Rafael Correa and Vice President Jorge Glass celebrating the election results. (Photo Courtesy of Getty Images)

“No one will stop our revolution….We have never failed and we will never fail,” a jubilant Mr. Correa told a screaming crowd from a balcony at the government palace after the results were announced.

Correa won this year’s election he won with 57% of the vote, his closest opponent was Guillermo Lasso, a former banker who had 23% of the vote. Correa has only been office since 2007 but is the country’s longest serving President in decades with this second term. Since taking office, Ecuador’s poverty rate has dropped to 32.4%. The number of government employees has increased from 16,000 to 90,000. He has improved access to education and health care as well as improved the country’s roadways.

During Correa’s first term, he made radical changes including changing electoral law and the constitution to allow for consecutive political terms.

He has had a tough policy regarding media outlets that issues out fines and lawsuits when the outlets are critical of his government. Despite Correa’s win, many are worried that his win will threaten the free press. A specific concern is a proposed communications law, which could lead to more checks on the media.

“We hope that the confrontation and harassment of the press is over, but we hope that the confrontation and harassment of the press is over, but we see the risk of trying to control the media’s content and establish prior censorship of journalist work,” Vicente Ordoñez, president of the country’s National Journalist Union, said Monday.

Current media laws in place make it illegal for biased political reporting. Examples of these laws since May 2012 include at least eleven radio stations have been closed and Vistazo magazine was charged with an $80,000 fine after being accused of violating a political propaganda law. Violations are ruled on by a tribunal or the country’s Constitutional Court.

Corerea has had repeated problems with the national newspaper El Universo, Ecuador’s National Court of Justice ratified a decision sentencing the paper’s owners and former columnist to three years in prison for defaming the president and fined them $40 million. After worldwide criticism, Correa pardoned the journalist and waived the fine.

Other criticisms facing Correa stem from his prosecution of indigenous leaders for organizing protests against large-scale mining projects.

 

For more information, please see:

Al Jazeera — Ecuador’s Correa Wins Third Presidential Term – 18 Feb 2013

The Guardian — Ecuador’s President Rafael Correa Says Citizens Will Be in Charge, Not Money – 18 Feb 2013

Wall Street Journal — Ecuador Election Win Seen Tightening Correa’s Grip – 18 Feb 2013

New York Times — President Correa Handily Wins Re-election in Ecuador – 17 Feb 2013