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Violent crime remains a major problem in Venezuela

By: Emily Green
Impunity Watch Reporter, South America

CARACAS, Venezuela – Violence in Venezuela has reached startling levels. While the country struggles with economic turmoil and political instability, violent crime continues to increase.

Soldiers stand on an armored vehicle in Venezuela. Image Courtesy of Ricardo Mazalan.

In the five-month period between May and September 2017, there were 520 cases of children and adolescents orphaned by violence in the nation’s capital. It is reported that every day, four children lose one of their parents due to acts of violence in Caracas.  The Victim’s Monitor project registry is consistently collecting information on homicides there. Its goal is to characterize crimes, identify patterns of violence and their consequences, and then use them to create public policies to reduce homicides. The “Instinto de Vida” (“Instinct for Life”) is Venezuela’s homicide reduction campaign.

Also during those five months, 755 people died violently in Caracas. Of those, 280 were parents. As a result, women and children are suffering in these violent municipalities. In many cases, it is the breadwinner of the family that is killed and leaves his family in even worse economic conditions. Many children are forced to leave school to find the resources to survive, often during to petty drug trafficking or prostitution.

Additionally, the prolonged grief is hurting society. One psychologist, Manuel Llorens, asserted that murder is more difficult to deal with than natural or accidental deaths, and that it “produces a mixture of pain, anger, impotence and resentment.” He also says that due to the psychosocial consequences, “the social fabric is broken, and spaces for coexistence and consensual solutions for common problems are reduced.”

For the families that do survive, Venezuela’s culture fosters a significant problem with violence against women. The issue is so common that Venezuela has implemented projects to raise awareness about the reality of violence against women. They encourage people to recognize it as a violation of human rights. Statistics show that the abuse of women extends to psychological violence as well as physical.

However, violence is not limited to civilians. Even soldiers have been ordered to avoid traveling at night and refrain from revealing their military IDs. A “radiogram” sent by Venezuela’s military was discovered that reflects concern over soldiers’ safety. In one of the most violent countries in the world, military personnel attract thieves rather than scaring them away.

One retired general, Antonio Rivero, confirmed, “This is a totally contradictory situation. The document admits that not even security officials, who should be armed … are safe in Venezuela.” It is estimated that 282 police, soldiers, guards, and other security personnel have been killed this year. In an effort to keep them safe, soldiers are ordered to avoid places of “dubious reputation,” avoid nighttime risks, and refrain from using cellphones while stopped at traffic lights.

For more information, please see:

Miami Herald – Crime is so bad in Venezuela that even soldiers were ordered to avoid driving at night – 28 November 2017

Stratfor – Venezuela: Why 2018 Will Be a Painful Year – 28 November 2017

InSightCrime – In Caracas, 4 Children Orphaned Every Day by Violence – 27 November 2017

Telesur – Venezuela Launches Campaign to Counter Violence Against Women – 1 November 2017

FIFA Advisers Warn Fans of Homophobia and Racism Ahead of World Cup Games

By Jenilyn Brhel
Impunity Watch Reporter, Europe

MOSCOW, Russia – FIFA’s anti-discrimination advisers are warning LGBTQ soccer fans that displays of affection at next year’s World Cup games could be met with violence.

In Sochi, Protests Against Russia’s “Gay Propaganda” Law Took Place at the Winter Olympic Games in 2014. Photo Courtesy of Tatyana Makeyeva.

Fare, an anti-discrimination organization that campaigns for equality in soccer, is partnering with FIFA to control fan behavior at the World Cup games next year.

Hate crimes against LBGTQ people in Russia have doubled since the country instituted a law banning “gay propaganda” in 2013. The law has thwarted gay pride marches and allowed gay rights activists to be detained. It is also believed to have incentivized and condoned violence against LGBTQ people.

Similar concerns were raised at the 2014 Winter Olympics Games in Sochi following the enactment of the “gay propaganda” law.

The legislation was deemed illegal by Europe’s top human rights court in June, but Russia says it will not honor the ruling.

“(Offenders) have become more aggressive and less fearful,” said Svetlana Zakharova, a Russian LGBT Network Board Member. “It seems to them that, to some extent, the government supports their actions. Many perpetrators openly talk about their crimes as noble deeds.”

Researchers say that the number of hate crimes that has occurred in the country in recent years is likely to be much higher than documented, as many crimes go unreported or are not investigated or prosecuted.

Homosexuality was decriminalized in Russia in 1993 but remained classified as a mental illness until 1999. Russia was ranked the second least-LGBT friendly nation in Europe, behind Azerbaijan, in 2016.

For the first time in FIFA’s 113 year history, the organization has added a human rights element to its statute.

“If there are any cases of abuse, or even possibility of human rights defenders or journalists being forced into a difficult corner, then according to our statutes and human rights policy FIFA will intervene,” said Federico Addiechi, Head of Sustainability and Diversity at FIFA.

FIFA and Fare will have crowd-monitors at the games. They will be on the lookout for displays of racism, political extremism and homophobia. Matches will be stopped or abandoned if such displays occur and persist.

Fare plans to administer cautionary guides to fans traveling to the tournament. The guides will include information about the current LGBTQ situation in Russia and will advise people to use caution when traveling in areas not considered to be welcoming to the LGBTQ community.

For more information, please see:

Reuters – LGBT Hate Crimes Double in Russia After Ban on ‘Gay Propaganda’ – 21 November 2017

Newsweek – Anti-LGBT Hate Crimes Double Since ‘Gay Propaganda’ Law in Russia – 23 November 2017

The Guardian – Gay Fans Warned Holding Hands at Russian World Cup Will be Dangerous

The New York Times – Ahead of World Cup, Fans Are Warned About Homophobia and Racism in Russia – 28 November 2017

NBC News – ‘Danger’ for Gay Fans at World Cup in Russia, FIFA Advisers Warn – 29 November 2017

Cambodia to Shut Down Cambodian Center for Human Rights

By: Katherine Hewitt
Impunity Watch Reporter, Asia

Phnom Penh – The Cambodian Center for Human Rights (CCHR) is a leading human rights organization in Cambodia. It was created in 2002 by Kem Sokha to promote International Human Rights Law and to provide free legal aid to victims. Kem Sokha is also the leader of the opposition party and was recently jailed by the Prime Minister.

On 26 November 2017, Prime Minister Hun Sen called for the Center for Human Rights to be closed down. He accused foreigners of creating the center to push their agendas. He went further to accuse the CCHR of taking orders from foreigners. Sen said that if the CCHR had been created by a person of the Khmer nationality there would be no issue with the organization.

Prime Minister Hun Sen. Photo Courtesy of Samrang Pring. 

The Center for Human Rights believes that this is just a stunt pulled by Prime Minister Hun Sen to hold onto power; however, acts like this just draw criticism from the Cambodian people. The director also feels that citizens do not believe the accusations as many people are in favor of the Western political alignment.

The Director put out an official statement that read: “CCHR calls upon the Royal Government of Cambodia to enter into a meaningful dialogue with CCHR representatives in relation to these allegations, in the firm belief that any misperceptions about the nature of CCHR’s work and neutrality could be clarified, and the matter resolved.”

The CCHR indicated that any neutral and impartial investigation would find no evidence of wrong actions.

For more information, please see:

 Human Rights Watch – Cambodia: Hun Sen Seeks to Shut Major Rights Group – 27 November 2017

Voice of America – Cambodian Rights Group Next in Long Line – 27 November 2017

Reuters – Cambodia’s Hun Sen calls for closure of rights group founded by rival – 26 November 2017

Former Trump Aide Accused of Conspiracy to Kidnap a US-Resident

By: Karina Johnson
Impunity Watch Reporter, North America

WASHINGTON D.C. — On Friday, November 10, the Wall Street Journal published an article stating that Retired Lt. Gen. Michael T. Flynn was allegedly involved in a plan to kidnap a US-resident Turkish dissident on behalf of the Turkish government in exchange for approximately $15 million dollars.

Retired Lt. General Michael Flynn served as national security advisor to the Trump administration for only 24 days before he was asked to resign. Photo Courtesy of Carolyn Kaster, Associated Press.

Fethullah Gulen, a Muslim cleric who has resided in Pennsylvania since 1999, has been blamed by Turkish government officials for the failed coup against Turkish President Erdogan’s administration in summer of 2016.  Turkey has requested Gulen’s extradition under the US-Turkey extradition treaty for Mr. Gulen’s alleged role in the coup, but the Department of Justice has so far denied the requests.

Flynn’s company, Flynn Intel Group, was hired in August 2016 by a firm with ties to Turkish government officials to investigate Mr. Gulen and to present the results of the investigation in a short film.  While the film project was never completed, Flynn’s company received $530,000 in November, and Flynn himself wrote an opinion piece about Fethullah Gulen published on November 8, 2016, in The Hill.

In a mid-December meeting at the “21” Club in New York, Turkish officials allegedly offered Michael Flynn and his son, Michael Flynn Jr. approximately $15 million dollars to assist in the forcible removal and “extra-legal” extradition of Gulen to Turkey.  The alleged plan included discussions of transporting Gulen by private jet to Imrali, a Turkish prison island.  This meeting occurred after the Trump administration had named Flynn the next national security advisor.

President Trump asked for Flynn’s resignation as his national security advisor in mid-February 2017, twenty-four days after Flynn’s appointment.  Flynn also served for two months in 2014 as the head of the Defense Intelligence Agency before being dismissed by President Obama for insubordination after “failing to follow guidance from superiors.”

Flynn registered as a foreign agent under the Foreign Agent Registration Act (FARA) on March 7, 2017, several weeks after his resignation as national security advisor.  Lawfare posits that at the time of his dealings with Turkish officials, Michael Flynn was no longer simply a private citizen lobbying in favor of a foreign government, and whose disclosure of dealings to the Department of Justice would comply with FARA.  Since Flynn had already been tapped to serve as national security advisor in the Trump administration, he was a public official “in transition,” and public officials are prohibited from acting as foreign agents under 18 U.S.C. § 219.

Not only was General Flynn an unregistered foreign agent during his dealings with Turkish officials, he received well over the $5,000 maximum for lobbyists, and if the allegations in the Wall Street Journal article are true, Flynn may be charged with conspiracy to kidnap.  Even if Flynn intended to instead use his position as national security advisor to return Mr. Gulen to Turkey by legal means, the fact that he was possibly offered $15 million dollars to do so may still constitute egregious felonious conduct.  Lawfare states the matter plainly: “It’s no more legal to take $15 million to use your influence as national security adviser to bring about an outcome than it is to kidnap someone.”

The New York Times notes that President Trump’s firing in March 2017 of Former FBI Director James Comey after Comey’s refusal to halt the investigations into Flynn led to the appointment of special counsel Robert Mueller. Robert Mueller has, in turn, led the investigation as to whether associates of President Trump colluded with Russian agents in their efforts to manipulate the 2016 US presidential election.

According to The Wall Street Journal, Flynn’s lawyers earlier had entered into a joint defense agreement with President Trump’s legal team that allowed them to share information surrounding Mr. Mueller’s investigation that would otherwise be subject to attorney-client privilege.  As of November 24, Michael Flynn’s lawyers stopped cooperating with White House attorneys defending the President in special counsel Robert Mueller’s investigation.

Flynn’s decision to end cooperation with the White House attorneys may signify that Flynn has entered into plea deal discussions with Mr. Muller’s team, which recently indicted Paul Manafort, Rick Gates, and George Papadopoulos—all three former campaign aides of President Trump.

JustSecurity has compiled a timeline of the Trump administration’s knowledge of the federal investigations into the relationship of Michael Flynn and Turkey.

For more information, please see:

The New York Times – A Split From Trump Indicates that Flynn is Moving to Cooperate With Mueller – 23 November 2017

Just Security – Turkey on Valentine’s Day: Did Trump Obstruct Investigation of Flynn as a Foreign Agent? – 17 November 2017

CNN Politics – WSJ: Muller probes Flynn role in plot to deliver cleric to Turkey – 11 November 2017

The Guardian – Ex-Trump aide Flynn investigated over plot to kidnap Turkish dissident – report – 10 November 2017

Lawfare Blog – What to Make of the Latest Story About Flynn and Gulen? – 10 November 2017

The Wall Street Journal – Mueller Probes Flynn’s Role in Alleged Plan to Deliver Cleric to Turkey – 10 November 2017

The Wall Street Journal – Accused Turkish Cleric Assails President on Anniversary of Coup Attempt – 14 July 2017

NY Daily News – Michael Flynn, Turkish officials secretly discussed removing exiled Muslim cleric from U.S. – 24 March 2017

The New York Times – Michael Flynn Was Paid to Represent Turkey’s Interests During Trump Campaign – 10 March 2017

Associated Press – Flynn, fired once by a president, now removed by another – 14 February 2017

You Might Be Able To Get Away With Murder In Part Of Yellowstone National Park

By: Sarah Louise Purtill
Impunity Watch Reporter, North America

YELLOWSTONE PARK, U.S. – There is a little known fact about Yellowstone National Park that has captured the interest of many people around the country. Michigan State University law Professor, Brian Kalt, published a paper called “The Perfect Crime” which details how you can potentially get away with murder in a 50 square mile section of Yellowstone National Park in Idaho. Kalt writes that he has always wondered how there was a “forgotten constitutional provision, combined with an obscure statute, that together make it possible for people in the known to commit crimes with impunity.”

Kalt calls it the “zone of death.” It is created by a legal loophole. Before Montana, Wyoming and Idaho became states, Yellowstone National Park was founded in 1872. Although the majority of the park sits in Montana, there are portions that lie in both Idaho and Wyoming. As a national park, Yellowstone falls under federal jurisdiction. Kalt points out that the District Court which hears the issues in Yellowstone National Park sits in Wyoming. This is true despite the fact that Yellowstone also has land in those two other states. Thus, unlike any other District Court in the United States, the District of Wyoming includes land of other states. The zone of death is the 50 square miles of Yellowstone National Park that sits in Idaho.

Yellowstone National Park’s Idaho territory has been given the title “Zone of Death.” Photo Courtesy of the National Park Foundation.

If someone commits a murder in that section, they are automatically tried in Wyoming. However, the Constitution states that trials should be held in the state where the crime was committed. So, someone may demand the trial be held Idaho. Once there, a local jury would be called to serve on the case. But there is no one who lives in that 50 square mile section of Yellowstone in Idaho. Because that section is federal land, no one is allowed to live there. Unless the murder approves of the trial being held in Wyoming, the trial cannot be held at all.

“The courts may or may not agree that my loophole exists, and in any case this Essay is not intended to inspire anyone to go out and commit crimes,” Kalt concludes. “Crime is bad, after all – but so is violating the Constitution. If the loophole described in this Essay does exist it should be closed, not ignored. In sum, when Congress set up this park and admitted these three states, it made a mistake,” Kalt writes.

“Congress can be forgiven on the park side because Yellowstone was the world’s first national park, and there was no precedent.” He then adds that “But Congress should have known how to set up states, having done it forty times before.”

Kalt argues that there is a solid chance they could get away with murder using your Constitutional rights, but there are still other ways you could be punished.

“If the government could not prosecute you, your victims and their families could sue you. Of course, if they get wind of your Constitutional argument before you leave the scene of the crime, they could just give you a dose of your own medicine, administering vigilante justice with similar impunity.”

Currently, no changes have been made regarding this “loophole” for murder in Yellowstone National Park.

For more information, please see:

Forbes – ICYMI: You Can Get Away With Murder In Part Of Yellowstone National Park – 26 November 2017

Fox News – The Best Place to Commit a Crime in America? Yellowstone National Park – 22 November 2016

Vox – Yellowstone has a 50 Square Mile “Zone of Death” Where You Can Get Away With Murder – 29 October 2016

Vice – There’s a Section of Yellowstone Where You Can Get Away With Murder – 4 August 2016