By Samuel Miller
Impunity Watch Reporter, North America and Oceania

OKLAHOMA CITY, United States of America — A former missionary from Oklahoma was sentenced in U.S. federal court on Monday to 40 years in prison for sexually molesting children at a Kenyan orphanage. US District Judge David L. Russell handed down the sentence to Matthew Lane Durham, who had faced up to 30 years on each of four counts of engaging in illicit sexual conduct in foreign places.

Durham read a statement before sentencing on Monday asking the court for mercy, but did not express remorse for his offences.

During the trial, prosecutors alleged Durham targeted orphans while volunteering at the Upendo Children’s Home in Nairobi between April and June 2014. Durham had served as a volunteer since 2012 at the orphanage, which specializes in caring for neglected children.

In his statement before the courtroom, Judge Russell said, “These were heinous crimes committed on the most vulnerable victims. He was their worst nightmare come true.”

A live-in caretaker at the orphanage said that children said Durham either touched them sexually or told them to touch themselves while he watched.

When confronted by the founder of Upendo and several church members, Durham was alleged to have confessed to several instances of rape and sexual abuse of children. Evidence produced by prosecutors included handwritten, signed confessions that Durham gave orphanage officials after he was accused of inappropriate behavior.

Durham claimed he did not molest the children, but during a preliminary hearing, prosecutors said Durham told Upendo Children’s Home personnel that he thought he had been possessed by an “evil spirit” because he did not remember committing the crimes.

In a sentencing memorandum, prosecutors said Durham’s actions have had a chilling and damaging effect on the lives of dozens of foreign volunteers in Kenya and elsewhere. Prosecutors stated that these volunteers “must now live under the cloud of suspicion, distrust and apprehension when they volunteer their time, talent and resources for the betterment of children in East Africa and beyond.”

US Prosecutor Mark Yancey stated: “The innocence of the child victims cannot be restored and their lives will never be the same,” adding, “It is our hope and prayer that his conviction and lengthy sentence will someday bring them some comfort and peace.”

Eunice Menja, founder of the orphanage, fought back tears as she read a statement in court. Ms. Menja said, “Matthew Durham defiled the children. Matthew has no remorse. After he got caught, he still denied.” Menja told reporters after the hearing that she hopes Durham’s 40-year sentence is long enough to prevent him from being a threat to anyone else.

“We’re hoping that when he comes out he will be a changed man,” she said.

For more information, please see:

AllAfrica – Kenya: U.S. Man Jailed for 40 Years for Raping Children At Kenyan Orphanage – 8 March 2016

BBC News – Ex-US missionary jailed for abusing Kenyan orphans – 8 March 2016

Sky News – Ex-Missionary Jailed For Kenya Orphanage Abuse – 8 March 2016

The News Nigeria – US missionary jailed 40 years for serial raping of Kenyan kids – 8 March 2016

The Star (Kenya) – Former US missionary jailed for 40 years for sexually harassing kids in Kenya – 8 March 2016

The Times of India – US man jailed for 40 years for abusing Kenyan orphans – 8 March 2016

ABC News – Oklahoma Man Gets 40 Years in Prison in Kenya Orphans’ Abuse – 7 March 2016

By Samuel Miller
Impunity Watch Reporter, North America and Oceania

WASHINGTON, D.C., United States of America — During last Thursday’s Republican Primary Presidential Debate, front-runner Donald Trump suggested under his command, activities which have been classified by the international community as war crimes could be ordered under his presidency. Since that time, the Republican candidate has since retracted his position; however, Mr. Trump still vowed to use every legal power available to the president, raising the issue of what actions would be considered legal.

The president can never tell or encourage an officer to blatantly violate clear-cut law.

Among the indicated actions Mr. Trump originally suggested were waterboarding, torture, and the killing of the families of terrorists. Following the debate, in an interview with the Wall Street Journal, Mr. Trump acknowledged there would have to be limits to the actions he could order.

“The United States is bound by laws and treaties and I will not order our military or other officials to violate those laws and will seek their advice on such matters,” Trump told the WSJ. “I will not order a military officer to disobey the law. It is clear that as president I will be bound by laws just like all Americans and I will meet those responsibilities.”

Mr. Trump’s original position had drawn sharp criticism from military and legal experts, suggesting that his policies on the treatment of terrorism suspects and the killing of families would violate the Geneva Convention. The U.S. military has been trained for decades that torture and retaliatory executions both constitute war crimes under international law.

Former Director of the NSA and CIA Michael Hayden dismissed the remarks originally made by Mr. Trump, stating that: “The armed forces of the United States will not carry out orders that are so obviously illegal and in violation of the laws of armed conflict. Their oath to themselves, their families, their country and their God would prevent them from doing that.”

The Uniform Code of Military Justice makes it clear that no member of the military is to knowingly break the law, and that they cannot be prosecuted for failing to follow through on an unlawful order. In addition, the trials at Nuremberg and the judicial proceedings following the My Lai massacre in Vietnam set a clear standard for complicity, namely that soldiers cannot rely on ‘following orders’ as a defense for their actions.

Given the inherent complexities which have arisen between the three branches of government, what constitutes unlawful orders and clear violations remains as complicated as the actions themselves. However, the overwhelming sentiment has been that the actions suggested by Mr. Trump would not be carried out by members of the Armed Forces.

As indicated in his interview, Michael Hayden said that “if he were to order that [the actions suggested in his GOP Debate speech] once in government, the American armed forces would refuse to act.”

For more information, please see:

The Times of Israel – US ex-defense chief: Trump’s anti-terror plan could bring Nuremberg-like trials – 5 March 2016

CBS Philadelphia – General Michael Hayden: Military Will Not Commit War Crimes – 4 March 2015

INQUISITR – ‘If I Say Do It, They’re Going To Do It’: Donald Trump Says He Would Force U.S. Military To Commit War Crimes At GOP Debate – 4 March 2016

Military Times – Trump says he won’t make troops commit war crimes – 4 March 2016

Reason.com – Donald Trump Walks Back His Pro-War Crimes Stance – 4 March 2016

US News & World Report – Could Trump Legally Order War Crimes? Maybe – 4 March 2016

By Samuel Miller
Impunity Watch Reporter, North America and Oceania

GUATEMALA CITY, Guatemala — A Guatemalan court has sentenced two former soldiers to 120 and 240 years of prison, respectively, for subjecting at least 15 indigenous women to sexual slavery and other crimes during the country’s civil war. Lt. Col. Esteelmen Francisco Reyes Giron received 120 years and military commissioner Heriberto Valdéz got 240 years during sentencing Friday.

It is the first time that a court in Guatemala has handed down a sentence for such crimes.

Giron, who was the commander of the Sepur Zarco military base, was found guilty of holding 15 women in sexual and domestic slavery and for killing one woman and her two daughters. Valdéz, a paramilitary who carried out commissions for the army, was convicted for the same enslavement, as well as the forced disappearance of seven men.

Yassmin Barrios, Chief Judge of the Court, announced in his decision, “We the judges firmly believe the testimony of the women who were raped in Sepur Zarco. Rape is an instrument or weapon of war, it is a way to attack the country, killing or raping the victims, the woman was seen as a military objective.”

The packed courtroom erupted in cheers and chants of “justice, justice!” when the ruling was read.

“These historic convictions send the unequivocal message that sexual violence is a serious crime and that no matter how much time passes, it will be punished,” said Erika Guevara-Rosas of Amnesty International. “It is a great victory for the 11 women who embarked on a 30-year-long battle for justice.”

During the hearings, 11 women from the indigenous Q’eqchis communities described how they physically and emotionally deteriorated while being raped and used as slaves for half a year. In court, many wore indigenous garb and had their faces covered.

Moises Galindo, the defense lawyer for Reyes Giron, said the trial “was a fabrication and that his client was never at the site of the crimes.”

The 120-sentence for Giron and 240-year sentence for Valdéz are in part symbolic as Guatemalan law limits the amount of time anyone can spend in prison to 50 years.

Guatemala’s 36-year civil war left more than 200,000 people dead or missing, according to the United Nations, which places most of the responsibility for wartime atrocities and excesses on the government forces.

Those who suffered most from the human rights violations committed during the war were the indigenous peoples.

 

For more information, please see:

BBC News – Guatemala: Rape sentences in landmark military trial – 27 February 2016

CNN – Guatemala sentences 2 ex-military officials for using women as sex slaves – 27 February 2016

Deutsche Welle – Former Guatemala military convicted for sexual violence in landmark case – 27 February 2016

Tico Times – Guatemala convicts 2 ex-soldiers for sex slavery, murder in landmark case – 27 February 2016

ABC News – Guatemala Convicts Ex-Officer, Paramilitary in Slavery Case – 26 February 2016

Christian Science Monitor – Guatemala war crimes verdict breaks grip of impunity – 26 February 2016

By Samuel Miller
Impunity Watch Reporter, North America and Oceania

WASHINGTON, D.C., United States of America — President Obama on Tuesday sent Congress a long-awaited plan for closing the Guantánamo Bay prison, kicking off a final push to fulfill a campaign promise, as well as one of his earliest national security policy goals. The proposal comes seven years after Obama made a vow to permanently close the prison for enemy combatants, but the proposal already faces objections and legal obstacles in place for transferring Guantanamo detainees to U.S. prisons.

The proposal sets up a final battle with Congress as the president works to move dozens of Guantánamo detainees before he leaves office next year.

“The plan we’re putting forward today isn’t just about closing the facility at Guantanamo. It’s not just about dealing with the current group of detainees, which is a complex piece of business because of the manner in which they were originally apprehended and what happened. This is about closing a chapter in our history,” said Obama in a White House Press Conference.

President Obama’s plan has four primary elements, including transferring to other countries detainees who are already designated for transfer. The plan aims at accelerating periodic reviews of authority to detain an individual, prosecuting detainees who are facing charges, and working with Congress to establish a location in the homeland to securely hold detainees who cannot be transferred.

Lastly, the president wants to move all remaining detainees to the United States. The White House claims moving the detainees to a new or modified facility in the U.S. would save as much as $85 million, compared to the current cost of $445 million per year to maintain the facility at Guantánamo.

A governmental planning group has for months surveyed a series of sites around the country, including a federal Supermax facility in Florence, Colorado, the military prison at Fort Leavenworth, Kansas, and the Naval Consolidated Brig in Charleston, South Carolina, as potential options to hold such inmates. The plan released Tuesday cites 13 unspecified locations it says it could house between 30 and 60 detainees.

The president’s plan faces steep obstacles, however. Congress has enacted a statute that bars the military from transferring detainees from Guantánamo to domestic soil for any purpose, and Congressional Republicans have shown little interest in lifting that restriction.

“Congress acted over and over again in a bipartisan way to reject the president’s desire to transfer dangerous terrorists to communities here in the United States,” Senate Majority Leader Mitch McConnell said. “The president signed all these prohibitions, and his attorney general recently confirmed that it is illegal for the president to transfer any of these terrorists into the United States.”

Obama has reportedly threatened executive action to transfer the detainees to the U.S. if Congress tries to hamstring that process, under the argument that restricting his decision-making powers as commander-in-chief is unconstitutional.

“We’re not entirely clear on how the conversation will play out,” a senior administration official said. “We hope that meeting the deadline of presenting this plan itself will be a key step. We’re delivering what they asked for, and we’re hoping Congress will continue the conversation from that point forward.”

For more information, please see:

ABC News – Obama Sends Plan to Congress to Close Guantanamo Bay Prison – 23 February 2016

BBC News – Guantanamo Bay: Obama in prison closure push – 23 February 2016

CNN – Obama gives Congress Guantanamo closure plan – 23 February 2016

NY Times – Obama Sends Guantánamo Closing Plan to Congress – 23 February 2016

Politico – Obama announces plan for closing Guantanamo Bay prison – 23 February 2016

US News & World Report – Obama Unveils Plan to Close Guantanamo Bay Prison – 23 February 2016

USA Today – Obama takes last chance to close Guantanamo Bay – 23 February 2016

Washington Post – Obama asks lawmakers to lift obstacles to closing prison at Guantanamo Bay – 23 February 2016

By Samuel Miller
Impunity Watch Reporter, North America and Oceania

SAN FRANCISCO, California, United States of America — Apple Inc. CEO Tim Cook said his company will resist a federal judge’s order to obtain encrypted data hidden on a cellphone that belonged to Syed Rizwan Farook, who killed 14 people in San Bernardino last year. A California judge ordered on Tuesday that Apple help the Federal Bureau of Investigation (“FBI”) crack the security code to the phone, so that law enforcement officials can continue their investigation into that horrific attack.

In a statement released Wednesday, Cook said that an act such as this would undermine encryption by creating a backdoor that could potentially be used on other future devices.

The act sets up a legal showdown between Apple, which said it was eager to protect the privacy of its customers, and the FBI, who say that new encryption technologies hamper their ability to prevent and solve crime. In his statement, Cook called the court order a dangerous and unprecedented step by the federal government.

Cook said the FBI is essentially asking Apple to build a new operating system that could be installed on an iPhone recovered from an investigation. Such software does not exist today, but Cook said that if it did, there would not be a way to guarantee that the software would only be used for investigations.

“The government would have us remove security features and add new capabilities to the operating system, allowing a passcode to be input electronically. This would make it easier to unlock an iPhone by ‘brute force’ trying thousands or millions of combinations with the speed of a modern computer,” Cook wrote in his statement Wednesday.

The federal government’s request was made under the All Writs Act, a law which dates back to 1789, which allows the government to use its authority to issue orders that are not covered by a statute.

The tech industry and the government have long been at odds over how much access law enforcement and national security agencies should be given to private phone data. Although the tech industry says it wants to help, it’s reluctant to give away private information and data to government agencies, arguing that doing so fosters user distrust and raises the risk of hacker attacks.

Since September 2014, data on the latest Apple devices – such as text messages and photographs – have been encrypted by default. If a device is locked, the user’s passcode is required to access the data.

According to information obtained through the investigation by law enforcement officials, the phone stopped sending backup information to the iCloud server on Oct. 19, 2015. Furthermore, in its brief before the courts, the FBI stated it believed that Farook may have disabled the backup information function in order to hide evidence.

Any communications or data linked to the shooting after Oct. 19 would be accessible only through the device, according to the motion.

For more information, please see:

ABC News – Encryption Backdoor for San Bernardino Attacker iPhone Would Create Slippery Slope, Apple Argues – 17 February 2016

BBC News – Apple rejects order to unlock gunman’s phone – 17 February 2016

LA Times – Apple opposes order to help FBI unlock phone belonging to San Bernardino shooter – 17 February 2016

NY Times – Apple Fights Order to Unlock San Bernardino Gunman’s iPhone – 17 February 2016

TIME – Apple Leans on 227-Year-Old Law in Encryption Fight – 17 February 2016

US News and World Report – Apple to FBI: We Won’t Hack Encrypted iPhone of San Bernardino Shooter – 17 February 2016

Wired – Tim Cook Says Apple Will Fight Court Order to Unlock iPhone – 17 February 2016