North America

Guatemala Charges Ex-Military Officials With Civil War Crimes

By Samuel Miller
Impunity Watch Desk Reporter, North America and Oceania

GUATEMALA CITY, Guatemala — Guatemalan authorities have detained 14 former military officials on charges of human rights abuses during the country’s 36-year armed conflict. The prosecutors brought charges against officials suspected of involvement in the 1982 massacre at Plan de Sanchez, Baja Verapaz department, in which soldiers and militia members tortured, sexually abused, and killed local residents.

Manuel Benedicto Lucas Garcia Taken Into Custody. (Photo Courtesy of BBC News)

Many of those who were detained had allegedly worked where a mass grave was unearthed.

Among those detained was Manuel Benedicto Lucas Garcia, a former general and brother of former president Fernando Romeo Lucas Garcia. Manuel Benedicto Lucas Garcia is a former army commander said to have been involved in founding Guatemala’s paramilitary groups.

The Guatemalan attorney general, Thelma Aldana, said the officials were being detained in connection with the disappearance of at least 558 indigenous people between 1981 and 1988 in a military zone. Military Zone 21 currently houses a military training center, but in 2012, four mass graves were found containing the bodies of “non-combatant civilians identified by survivors”, said Mrs. Aldana.

According to prosecutors, survivors said the army had killed, in one massacre alone, 256 indigenous people. This group was comprised mostly of women, children and old people from the Mayan Achi ethnic group.

Guatemala’s 36-year armed conflict ended in 1996 after a peace agreement. During the last 10 years, Guatemala has attempted to prosecute human rights violators, but only a few high-level officials have actually been jailed. After over a decade following the Civil War, violence continues to be a major problem in both political and civilian life.

U.S. involvement in the country was also one of the key factors contributing to human rights violations, which included the training of officers in counterinsurgency techniques, as well as providing assistance to the national intelligence apparatus.

A UN-backed truth commission said the armed forces carried out more than 80% of the human rights abuses during the conflict.

For more information, please see:

Latin American Herald Tribune — Guatemala Charges Ex-General, 13 Others with Civil-War Crimes – 8 January 2016

BBC News — Guatemala ex-military officials held over massacres – 7 January 2016

JURIST — Guatemala prosecutors arrest 17 accused of civil war abuses – 7 January 2016

Latin One — Guatemala Detains 14 Ex-Military Officials – 7 January 2016

NY Times — Guatemala Arrests Former Military Officers in Connection With Massacres – 6 January 2016

Recent NSA Surveillance Includes Israelis, Congress

By Samuel Miller
Impunity Watch Desk Reporter, North America and Oceania

WASHINGTON, D.C., United States of America — U.S. spying programs picked up communications between members of Congress and Israeli leaders, giving the White House insight into Israel’s lobbying of U.S. lawmakers against the Iran nuclear deal. In a report first published by The Wall Street Journal late Tuesday, the U.S. reportedly continued to spy on select leaders of allied nations, despite President Barack Obama’s pledge to curb such surveillance two years ago.

Prime Minister Netanyahu Addresses Congress on Capitol Hill. (Photo Courtesy of RT)

The Obama administration decided against monitoring Merkel and French President Francois Hollande, but continued to monitor Netanyahu and Turkish President Recep Erdogan.

Although President Obama had promised to curb eavesdropping on world leaders who are U.S. allies, there were a few leaders the White House wished to continue monitoring, including Netanyahu. The original reason for the stepped up surveillance of Netanyahu, according to the Wall Street Journal, was the fear that he would strike Iran without warning.

It was also discovered that Netanyahu and his advisers leaked details they had learned though Israeli intelligence concerning the US-Iran negotiations, and coordinated talks with Jewish-American groups against the deal and tried to influence votes of undecided US lawmakers. As a part of the surveillance, the NSA eavesdropped on communications between Israeli and US lawmakers amid efforts to reach a nuclear deal with Iran.

Specifically, the efforts of the Netanyahu government to turn legislators against the negotiations and convince them to block the emerging agreement were revealed. Before Netanyahu came to address Congress, the NSA had intercepted Israeli messages that said Netanyahu ‘wanted the latest U.S. positions in the Iran talks.’

According to the report, Obama administration officials thought the information they uncovered could potentially counteract Netanyahu’s crusade to stop the nuclear deal. Ultimately, the administration decided to let the NSA decide what to share.

“We didn’t say, ‘Do it,'” a senior U.S. official told the Journal. “We didn’t say, ‘Don’t do it.'”

Netanyahu spoke out against a potentially unsatisfactory nuclear deal during a speech to a joint session of Congress in March. The U.S. and five other world powers reached a deal with Iran in July. Netanyahu has previously criticized the United States for its spying efforts, specifically those targeted toward Israelis.

Officials said Obama insisted that keeping tabs on Netanyahu served a compelling national security purpose.

For more information, please see:

CBS News – Report: NSA recorded members of Congress with Israeli leaders – 30 December 2015

The Jewish Press — US not Only Spying on Israel, but on U.S. Pro-Israel Legislators and Groups – 30 December 2015

Russia Today — NSA spied on Israel amid Iran talks, caught some US lawmakers’ private talks – report – 30 December 2015

Politico — Report: U.S. spying on Israel swept up members of Congress – 29 December 2015

The Hill — US snooping on Israel also caught talks with lawmakers: report – 29 December 2015

Wall Street Journal — U.S. Spy Net on Israel Snares Congress – 29 December 2015

Armed Militiamen Stand Off With Feds In Oregon Wildlife Refuge

By Samuel Miller
Impunity Watch Desk Reporter, North America and Oceania

BURNS, Oregon — Over the weekend, a group of armed protesters seized the remote Malheur National Wildlife Refuge headquarters Saturday after splintering off from a larger protest about ranchers’ rights in the small town of Burns. The armed occupation is being led by Ammon Bundy, an Idaho rancher whose father, Cliven Bundy, led an armed standoff with federal agents in Nevada in 2014 and who has described his supporters as “militia men.”

Protester Ryan Bundy Talks on his Phone in Malheur National Wildlife Refuge. (Photo Courtesy of ABC News)

The FBI said in a statement Sunday that it was working with local and state police to bring a peaceful resolution to the situation.

The activists set themselves up in the Malheur National Wildlife Refuge 30 miles southeast of Burns, Oregon, defying the organizers of a rally and march held Saturday in support of two local ranchers who are scheduled to report to federal prison Monday to serve a sentence for arson. Protesters gathered Saturday in Burns to denounce the five-year sentencing of Dwight and Steven Hammond — father-and-son ranchers who were convicted of arson.

Prosecutors accused the Hammonds of committing arson on federal land in 2001 and 2006. The men and their attorneys argued that the fires had been set on their own property: once to prevent the spread of an invasive species of plant and, once in attempt to prevent the spread of a wildfire.

Ultimately, they were found guilty on only two arson counts, which covered the activities, namely setting fires, the Hammonds admitted to. As part of their plea deal, they agreed not to appeal their sentences. Dwight Hammond was sentenced to three months in prison and his son Steven was sentenced to 11 months, both sentences below the mandatory minimum of five years.

Although the Hammonds agreed not to appeal their sentences, the Department of Justice did, getting the Ninth Circuit Court of Appeals to overturn Judge Hogan’s decision and order the Hammonds to return to jail. Both Hammonds are expected to do so on Monday.

Apparently, Ammon Bundy met with Dwight Hammond and his wife in November, seeking a way to keep the elderly rancher from having to surrender for prison. The Hammonds professed through their attorneys that they had no interest in ignoring the order to report for prison.

In phone interviews from inside the occupied building Saturday night, Ammon Bundy and his brother, Ryan Bundy, said they are not looking to hurt anyone. But they would not rule out violence if police tried to remove them, they said.

Ammon Bundy said the goal is to turn over federal land to local ranchers, loggers and miners. In a video interview with reporters on Saturday that was posted on his Facebook page, Ammon Bundy said the group is standing up against government overreach because the people have been abused long enough.

“I feel we are in a situation where if we do not do something, if we do not take a hard stand, we’ll be in a position where we’ll be no longer able to do so,” he said.

For more information, please see:

ABC News — Feds Monitor Armed Protesters in Oregon but Keep Distance – 4 January 2016

BBC News — Oregon: Armed protest at US government building – 4 January 2016

CNN — Armed protesters refuse to leave federal building in Oregon – 4 January 2016

NBC News — FBI Seeks ‘Peaceful’ End to Armed Standoff at Oregon Federal Building – 4 January 2016

Chicago Tribune — Armed militia, Bundy brothers take over federal building in rural Oregon – 3 January 2016

The Oregonian — Militia takes over Malheur National Wildlife Refuge headquarters – 3 January 2016

Reason.com — Armed Protesters in Oregon Occupy Remote Federal Outpost at Wildlife Refuge After Marching Against Sentence of Father and Son Ranchers – 3 January 2016

Washington Post — Armed men, led by Bundy brothers, take over federal building in rural Oregon – 3 January 2016

Haiti Postpones Elections Amid Accusations And Violence

By Samuel Miller
Impunity Watch Desk Reporter, North America and Oceania

PORT-AU-PRINCE, Haiti — Haitian authorities postponed the country’s presidential and legislative runoffs because they said they needed to wait for recommendations from a special commission tasked with evaluating the widely criticized electoral process.

Haitians Protesting Announced Election Results. (Photo Courtesy of BBC News)

There were violent protests last month after the council announced the results of the first round of voting.

Jovenel Moise, a banana exporter, won the most votes but with 33% fell short of a majority. On Sunday, he was to face ex-state construction company head Jude Celestin, who came second with 25%.

The winner will succeed President Michel Martelly next February as the head of the Western Hemisphere’s poorest country.

In parts of Northern and Southern Haiti, angry partisans insisted that the results released late Friday by the much-criticized electoral council did not reflect the will of voters. Presidential and legislative runoffs were scheduled for next weekend amid numerous accusations of fraud and manipulation of results.

On Saturday, street protests erupted when the results were announced; this led to several government buildings being set ablaze, and the death of one demonstrator. In the nearby town of Ferrier, another elections office burned and the mayor’s office was lit on fire. In northwestern Haiti, some houses and schools were set ablaze.

Police Inspector Guytho Noel said an 18-year-old protester was fatally shot when two factions clashed on the streets of the northeastern town of Terrier Rouge.

In recent days, President Michel Martelly announced that a five-member commission would assess Haiti’s electoral process ahead of the runoffs that opposition factions have threatened to derail because of suspicions of widespread fraud. However, the commission and the way in which it was formed has come under heavy criticism.

The opposition and the Senate have rejected the body and the government has also been forced to postpone the swearing-in of its members, who were supposed to have issued a report by Sunday.

While international observers have endorsed results from the first two rounds of this year’s elections, an array of rights groups, local election monitors and political factions allege they were so marred by fraud that their validity is in question.

In recent days, several legislative candidates have taken to the airwaves stating how they were asked to pay thousands of dollars in bribes to electoral court judges and council members in hopes of securing a spot in parliament.

For more information, please see:

BBC News — Haiti presidential election run-off delayed – 21 December 2015

Minneapolis Star Tribune — Haiti officials postpone elections set for this weekend until commission makes recommendations – 21 December 2015

Thompson-Reuters — Haiti postpones Sunday’s presidential election – council members – 21 December 2015

USA Today — Haiti postpones scheduled presidential runoff – 21 December 2015

Jamaica Observer — Violence in Haiti as final election results released – 20 December 2015

ABC News — Election Results Ignite Violent Protests in Haiti – 19 December 2015

Panama High Court Issues Detention Order For Former President

By Samuel Miller
Impunity Watch Desk Reporter, North America and Oceania

PANAMA CITY, Panama — On Monday, Panama’s Supreme Court ordered the detention of former President Ricardo Martinelli to face charges that he allegedly used public money to illegally spy on opponents. Martinelli insisted on Tuesday that he’s being targeted politically, and will stay outside the country while fighting charges.

Former Panamanian President Ricardo Martinelli, In Guatemala City, Guatemala, February 2015. (Photo Courtesy of BBC News)

The case is one of a half-dozen investigations against the 63-year-old supermarket magnate for alleged corruption.

The Panama Supreme Court upheld a prosecutor’s request to order the detention of Martinelli after a judge declared him in contempt for failing to appear at a hearing.

In a resolution read by Judge Luis Mario Carrasco, the provisional detention order was stated as being ” fully justified because of the evident inattention to the process on the part of the investigated party.”

The Panama Electoral Tribunal in April rescinded Martinellli’s immunity, which is afforded to all ex-presidents in Panama. The Panama Supreme Court had requested Martinelli’s immunity be lifted after unanimously voting in January to appoint a special prosecutor and begin the corruption probe.

Martinelli, who oversaw a public works boom and Latin America’s fastest economic growth in recent years, fled Panama in January and is believed to be living in Miami.

Despite his initial popularity, his administration was tainted by allegations of corruption. Martinelli is accused of using public funds to illegally spy on more than 150 prominent people. Among those he allegedly spied on are trade union activists, politicians, lawyers, doctors and business people. Investigators said the wiretaps were carried out by members of Panama’s National Security Council.

On Monday, Martinelli denied the charges. “Like those now detained illegally, I’m a victim of rigged proceedings, of coerced or manufactured witnesses and it is ever more evident the violations to the presumption of innocence and due process.”

Martinelli has accused Varela, who once was his vice president, of concocting a case against him in revenge for being fired from his second post as foreign minister two years into the presidency. “I will prove my innocence here because there is no justice over there,” Martinelli said in a statement. “I’ll go if a politically appropriate moment presents itself, or after that tyrant leaves in 2019.”

Martinelli left Panama aboard his private jet in January after the election of archrival Juan Carlos Varela and a day after the Supreme Court took steps to lift his immunity as a current member of the Central American Parliament.

Panama has already filed an Interpol notice for his arrest.

For more information, please see:

ABC News — Panama’s Ex-President Fighting Spying Charges From Abroad – 22 December 2015

Al-Jazeera America — Panama court orders detention of ex-president – 22 December 2015

BBC News — Panama orders arrest of ex-leader Ricardo Martinelli – 22 December 2015

JURIST — Former Panama president detained over illegal spying – 22 December 2015

Minneapolis Star Tribune — Panama’s ex-President vows to fight spying charges from abroad – 22 December 2015

Reuters — Panama court orders detention of ex-president over spying – 22 December 2015

Tico Times — Panama court orders detention of ex-President Ricardo Martinelli – 22 December 2015