News

DRC: The UN Denounces M23’s Human Rights Violations

By Hannah Stewart
Impunity Watch Reporter, Africa

KINSHASA, Democratic Republic of the Congo — The Movement of March 23 (M23) rebels have been fighting the DRC army since May in the country’s fertile but highly unstable North Kivu province.  The UN published a report late last year that accused the rebels of serious atrocities: rape, murder, human rights violations, and forced recruitment.  M23 has dismissed the allegations at “cruelly biased.”

M23 Rebel Leader Jean-Marie Runiga. (Photo Courtesy of In2EastAfrica)

In April 2012, the M23 rebels launched an offensive against the army after accusing President Joseph Kabila of reneging on the terms of a March 2009 peace agreement.  Now the M23 rebels state they wish to remove Kabila from office and liberate the entire Congo.  The M23 rebels engagement in the in the eastern province has the region back into war and displaced an estimated 500,000 people.

M23 released its response via a report on Wednesday.  The political leader of M23, Jean-Marie Runiga Lugerero, charged that the UN experts of harboring a “visceral hatred of M23.”  Runiga said the UN document “seems to us cruelly biased and hardly professional because it contains incompatible and incoherent elements.”

Human Rights Watch (HRW) has reported that M23 receives significant support from Rwanda.  Moreover, HRW reported that “Rwandan military officials have planned and commanded M23 military operations; supplied weapons, ammunition, uniforms and other equipment; and recruited at least 600 young men and boys in Rwanda to join the rebellion.”

Likewise, according to research by HRW and the UN Group of Experts on Congo several hundred Rwandan army troops were sent to Congo to support the M23 in its military offensives.  In September, HRW accused the rebels of “war crimes committed on a large scale.”

In its Wednesday report, M23 rejected all the foregoing allegations.  The rebel leader, Runiga, calling the UN and the HRW reports “politicized” and “erroneous,” and the production of biased rapporteurs.

However, independent UN experts say the M23 insurgency receives cross-border support from Rwanda and Uganda.  Both governments strongly deny these allegations.

In December the UN sanctions committee blacklisted two key M23 leaders, Eric Badege and Jean-Marie Runiga Lugerero on grounds the rebel group has been complicit in “killing and maiming, sexual violence, abduction, and forced displacement” of people in eastern Congo. They now face international travel bans and asset freezes.

M23 said they expect to sign a peace deal with the government by the end of February to end their ten-month revolt; however, Kinshasa said “capricious” demands from the rebels could cause delays.

For more information, please see:

All Africa – Congo-Kinshasa: How M23 Peace Deal was Missed – 1 February 2013

Global Post – DR Congo Rebels Dismiss “Biased” UN Rights Report – 31 January 2013

IOL News – DRC Rebels Dismiss UN Rights Report – 31 January 2013

Reuters – Congo’s M23 Rebels say Peace Deal Possible by end-February – 1 February 2013

Somali Rape Victim Charged Over Rape Report

By Ryan Aliman
Impunity Watch Reporter, Africa

MOGADISHU, Somalia – On Tuesday, the Somali government prosecuted a woman who accused members of the army of raping her.

Somali journalists protest as they demand for the release of a colleague who wrote about women who were allegedly raped by Somali soldiers. (Photo courtesy of Human Rights Watch/Badri Media)

Since then, the United Nations and various international human rights groups have demanded that the charges against her be dropped.

Earlier this month, Al-Jazeera English published a story about government soldiers raping internally displaced women in Mogadishu camps. Several days after the publication, the Somali police’s Central Investigation Department (CID) in Mogadishu arrested the reporters involved in writing the story.

2 weeks later, a Mogadishu court charged one of the women interviewed for the Al-Jazeera report. She was charged of insulting the government on the basis of false evidence. According to the court’s decision, she fabricated the rape allegations against the Somali soldiers making her guilty of spreading false accusations. Doing so, she effectively “insulted and lowered the dignity of a National Institution,” said the court.

The woman’s husband was also charged and arrested. He was accused of helping his wife evade investigation and secure a profit for the rape allegation. The government claimed that he and his wife agreed to the Al-Jazeera interview, not only with the intention of discrediting the administration, but also of profiting from it.

After the couple’s arrest, the alleged rape victim recanted her story. She later admitted that all the accusations she made against the Somali security forces were “bogus”.

Her conviction sparked outrage among human rights advocacy groups. They believe that it will deter rape victims from coming forward in spite of recent efforts of trying to empower them.

“Allegations of rape should be met with objective investigations by the proper authorities, not detention for victims who come forward or arrest for journalists who report on such crimes,” insisted Zainab Hawa Bangura, the UN Special Representative on Sexual Violence in Conflict.

Fartuun Adan, a volunteer who runs a shelter for abused women in the country, expressed her concern and fear about the consequences of the woman’s prosecution. “Women are now asking me, ‘Who’s going to protect us?’ ” she told local newspapers. “They’re saying, ‘What are we supposed to do?’ ”

According to Daniel Bekele, the Africa director at Human Rights Watch, the case is “politically motivated”. “The police ‘investigation’ in this case was a politically motivated attempt to blame and silence those who report on the pervasive problem of sexual violence by Somali security forces,” he said. “Bringing charges against a woman who alleges rape makes a mockery of the new Somali government’s priorities,” Bekele added.

 

For further information, please see:

Al Jazeera – Somali journalist charged over rape report – 31 January 2013

Huffington Post – Somalia: Government Charges Woman Who Says She Was Raped By Security Forces – 31 January 2013

All Africa – Somalia: Somali Authorities Lay Charges Against Alleged Rape Victim and Journalist – 30 January 2013

The New York Times – Somalia Moves to Prosecute Woman Who Accused Soldiers of Rape – 30 January 2013

French-Australian Journalist Detained in Iraq

By Justin Dorman
Impunity Watch Reporter, Middle East

BAGHDAD, Iraq – French-Australian journalist, Nadir Dendoune, was arrested in Iraq for taking pictures in a restricted area of Baghdad without formal permission. Dendoune, who had first entered Iraq on January 16th, has been held in detention since January 23rd. Iraqi government officials claim that the journalist for the Le Monde Diplomatique is healthy, and that his case is still being investigated.

Dendoune in front of the Iraqi embassy in Paris showing his visa he received to conduct journalism. (Photo Courtesy of the Iraq Civil Society Solidarity Initiative)

The Committee to Protect Journalists, who admonishes the Iraqi government’s actions, claims that the arrest was a result of Iraq’s 2011 media law which places a series of impediments between journalists and the ability to gain information.

Sherif Mansour, a spokesman for the Committee to Protect Journalists further stated that, “[t]he arbitrary jailing of a journalist is a vestige of the Saddam Hussein regime that is completely out of place in Iraq’s democracy today.”

Iraqi officials have stated that Dendoune had lacked the requisite permits to take photographs by the water treatment plant in the southern Dora district. “[He] did not tell authorities about his activities, and did not ask for authorization to take photos,” said such official.

Those who support Dendoune, have not been sitting idly by and waiting for his release. Patrick Le Hyaric, Director of Humanity, has written letters to Viviane Reding, the Commissioner for Justice, Fundamental Rights and Citizenship and Vice-President of the European Commission, to Catherine Ashton, High Representative of the Union for Foreign Affairs and Security Policy, and to Fareed Yasseen, the Iraqi Ambassador in France.

The embassy has been working diligently with Iraqi officials to ensure that Dendoune has the healthiest of detention conditions and to find out why he is seemingly being arbitrarily held. Despite requests made by the embassy, Dendoune has been denied any consular visitation.

Additionally, a Facebook page was created by Dendoune’s family and friends, with articles, pictures, and information for support rallies, which aim to shed light on Dendoune’s situation. Others who have demanded the release of the journalist from arbitrary detention include Reporters Without Borders, the Iraqi Civil Society Solidarity Initiative, and the National Union of Iraqi Journalists.

The Journalistic Freedoms Observatory points out that this is not the first time that the Iraqi government has detained a foreign journalist. Just last year, Daniel Smith, an American journalist  was arrested and held for five days before he was granted release by order of the Prime Minister.

For further information, please see:

Guardian – Journalist Arrested in Iraq for Taking Photos – 31 January 2013

Iraqi Civil Society Solidarity Initiative – Immediate Release of Nadir Dendoune, Respect Freedom of Press and More Protection for Journalists Working in Iraq – 31 January 2013

Radio France International – Nadir Dendoune, un Journaliste Engagè Dètenu en Irak – 31 January 2013

Committee to Protect Journalists – International Journalist Detained in Iraq for a Week – 30 January 2013

Facebook – Comitè de Soutien Pour la Libèration de Nadir Dendoune – 30 January 2013

L’Humanitè – Patrick Le Hyaric: “Libèration Immèdiate Pour Notre Confrè Nadir Dendoune” – 30 January 2013

Evidence Presented in Genocide Case of Former Guatemalan Dictator

By Mark O’Brien
Impunity Watch Reporter

GUATEMALA CITY, Guatemala — A Guatemalan judge began accepting evidence Thursday in the case against former dictator Jose Efrain Rios Montt.

Relatives of victims during Guatemala’s civil war listened to court proceedings last week in the case against Jose Efrain Rios Montt, who is the first former president charged with genocide and crimes against humanity in Latin America. (Photo Courtesy of the New York Times)

The hearing to accept testimonies, documents, and other evidence marked the final step before Montt’s trial would begin.  Montt, who rose to power during a coup in March 1982, is accused of ordering the murder, torture, and displacement of more than 1,700 indigenous peoples between 1982 and 1983.

Earlier this week, Judge Miguel Angel Galvez ruled that Montt could stand trial on charges of genocide and crimes against humanity in the so-called “scorched earth” campaign aimed at eliminating support for leftist guerrillas when he was president from 1982 to 1983, one of the bloodiest periods in Guatemala’s 36-year civil war.

Montt is the first former president to be charged with genocide by a Latin American court.  Many human rights advocates say his trial also will shine the spotlight on the United States’ involvement in Guatemala’s civil war.

In an effort to prevent the spread of communism into Latin America, the United States supported the Guatemalan government during the war — a government that was responsible for much of the human rights violations.

In 1983, despite confirmation of mass killings in Guatemalan villages by anti-guerrilla forces, U.S. President Ronald Reagan overturned an arms embargo imposed by U.S. President Jimmy Carter three years earlier.  Reagan pointed to improving human rights conditions in the Central American country.

Lifting the embargo allowed the United States to provide military, economic, and political assistance — including military weapons and vehicles — to the Guatemalan government.  Meanwhile, a CIA cable at that time highlighted an increase in suspicious violence resulting in more bodies being discovered in ditches.

Critics of the United States’ role in the Guatemalan war blame its actions decades earlier.  In 1954, the CIA helped organize a coup to remove a reformist government from power.  Many believe Guatemala’s civil war may not happened if the CIA had not exercised its influence in the coup.

The United States has tried to make amends since Guatemala’s civil war ended in 1996.  It released 1,400 pages of documents in 1997 about its role in the 1954 coup and the civil war.  Several of those documents have been used in trials in Guatemala.  In 1999, U.S. President Bill Clinton apologized during a visit to Guatemala for the U.S. support during the conflict.

The United Nations estimated more than 200,000 people were killed during the civil war, which lasted from 1960 to 1996.  Human rights advocates have tried for years to have Montt prosecuted.  Montt’s attorneys argue he was never aware of the massacres committed by the army, and they planned to appeal the decision to let the trial move forward.

Also facing trial for the crimes against humanity is former general Jose Rodriguez.

For further information, please see:

Al Jazeera — Meet the First Head of State to Head to Trial in the Americas for Genocide — 31 January 2013

GlobalPost — Final Hearing Starts Before Guatemala Genocide Trial — 31 January 2013

Syracuse.com — Consider This: In Guatemala, Justice Is Delayed, but Not Yet Denied — 31 January 2013

The Washington Post — Judge Begins Accepting Evidence in Genocide Case Against Former Military Dictator Rios Montt — 31 January 2013

The New York Times — Ex-Dictator Is Ordered to Trial in Guatemalan War Crimes Case — 28 January 2013

The New York Times — Accused of Atrocities, Guatemala’s Ex-Dictator Chooses Silence — 26 January 2013

PBS — Timeline: Guatemala’s History of Violence

HRW Calls 2012 Kremlin Political Crackdown Worst Since U.S.S.R.

By Madeline Schiesser  
Impunity Watch Reporter, Europe

MOSCOW, Russia – The year 2012 began in Russia with street protests demanding that the newly elected parliament honor its promises of political reform.  It ended with Russian President Vladimir Putin signing a ban terminating American adoptions of Russian orphans.  In between, the collection of human rights abuses caused U.S.-based Human Rights Watch (HRW) to describe the year as the worst for human rights since the fall of the Soviet Union in a newly released annual report.

2012 began with a bang as thousands of Russians took to the streets to demand the then newly elected parliament enact reforms; what followed was the worst year for human rights in two decades. (Photo Courtesy of BBC News)

The report analyzed key human rights issues in more than 90 countries, including Russia.  (The United States was also examined.)  The report found that since his return to power, Putin “oversaw the swift reversal of former President Dmitry Medvedev’s few, timid advances on political freedoms.”  Critics say that the Kremlin’s actions have been aimed at quashing public dissent.  The authors of the report suggest that Putin’s acts, backed by a parliament dominated by members of the pro-Putin United Russia party, are motivated by a fear of mass street protests.

The year has seen a sharp increase in laws and government control that, according to Rachel Denber, deputy director of HRW’s Europe and Central Asia division, create an atmosphere of fear.  A June law significantly raised fines for people found participating in unapproved public demonstrations, re-criminalized libel, and imposed new restrictions on internet content.

Another summer law, which went into effect in November, requires nonprofit groups that receive foreign funding to register as “foreign agents.”  Many non-governmental organizations (NGOs) fear this label, which has Soviet-era undertones, will scare away the very people they want to help.  USAID (United States Agency for International Development) was forced to stop operating in Russia in September, and, thanks to a December law, NGOs can further be sanctioned if they engage in “political” activities and receive funding from US citizens or organizations.

Furthermore, a widened definition of treason has loomed since autumn, which could threaten organizations and individuals conducting international advocacy.

The report was further critical of Russia’s treatment of the Pussy Riot punk band protestors, two of whom were sentenced to 2 years in prison for an anti-Putin song-protest in a Moscow cathedral.

It has furthermore been a difficult year for opposition leaders and opponents of Putin’s Russia.  In May violent protests erupted in response to Putin’s inauguration; the courts have been slow to deal with the protestors, but have been harsh.  Opposition leader Sergei Udaltsov was charged with conspiracy to organize mass riots.  Facing the same charge is Leonid Razvozzhayev, who claims he was kidnapped from Ukraine and forced to sign a confession.

Recently in the new year, legislation for a nation-wide ban on “gay propaganda” came before parliament.  However, the report drew attention to Russian local “anti-gay propaganda” laws, under which in May a prominent Russian LGBT rights activist was convicted.  Moscow drew further criticism for its ban on Gay Pride Events.

The report further discussed persecution and torture of practitioners of Salafism (a form of Islam) in the North Caucasus by authorities who assume the practitioners support the Islamist insurgency there.  The report further criticized Chechen leader Ramzan Kadyrov’s system of collective punishment against insurgents’ relatives and suspected supporters.

Concerning the Olympic Games in Sochi scheduled for February 2014, the report additionally condemned the removal of hundreds of local families to make way for Olympic buildings.  Although most homeowners were compensated, often the amounts were unfair and the process lacked transparency.

Russia’s sudden termination of the bilateral adoption agreement between the United States and Russia in retaliation for the Magnitsky Act, catching Russian orphans, some with disabilities, in “an eye for an eye” crossfire, was not included in the report, although HRW commented on it in a subsequent press release.  Sergei Magnitsky is expected to be tried posthumously later this year.

Creating a permanently broken system, the authors noted that while the European Court of Human Rights has issued more than 210 rulings against Russia, the government only pays the required compensation, and fails to conduct effective follow-through investigations, thereby failing to carry out the core of the judgments.

Hugh Williamson, HRW’s Europe and Central Asia director explained, “Instead of meaningfully investigating human rights abuses, the government is spending time and energy retaliating against civil society and free speech.”

Rachel Denber stresses “We can’t be silent about the situation in Russia today,” because, as part of the Kremlin crackdown, Russian authorities equate human rights work with violating Russian sovereignty.  She summarized, “Any activity can be portrayed as betrayal.”

Moscow has yet to make an official statement on the report, however, Russian Foreign Ministry spokesman Alexander Lukashevich, dismissed the severity of the situation in Russia while he remarked an official statement would be issued soon.  “I have not read the report yet,” Lukashevich said. “I think we will make a comment later and show that the human rights situation in Russia is not the worst.”  Instead, he suggested the United States and European Union look at their own histories “before criticizing others.”

However, although Williamson considers this “the worst year for human rights in Russia in recent memory,” he notes that “Russia’s civil society is standing strong.”  Yet, he also says, “With the space around it [civil society] shrinking rapidly, it needs support now more than ever.”

For further information, please see:

Moscow Times – Last Year’s Repression ‘Worst’ in Decades – 1 February 2013

BBC News – Russia’s Freedoms Crackdown ‘Worst Since USSR Fall’ – 31 January 2013

HRW – Russia: Worst Crackdown Since Soviet Era – 31 January 2013

RIA Novosti – Human Rights Watch Blasts Russia in 2013 Report – 31 January 2013

RFE/RL – Rights Group Warns Of Challenges to Democracy – 31 January 2013

Washington Post – HRW: Worst Year for Human Rights in Russia Since the USSR Collapsed – 31 January 2013

HRW – World Report: 2013 [Full Report] – 31 January 2013