North America & Oceania

Mexican Government Legalizes Vigilantes

By Brandon R. Cottrell 
Impunity Watch Reporter, North America 

MEXICO CITY, Mexico – After months of implicit cooperation with rural vigilantes, the Mexican government formally signed an agreement today, which will allow the vigilantes to gain legal status.

In today’s agreement, Mexican vigilantes will legally join forces with the Mexican Military (Photo Courtesy: The Guardian).

Under the agreement, the vigilantes, or so called “self-defense groups” will be temporarily incorporated into the Rural Defense Corps and will be subject to regulation by the Organic Law of the Mexican Army and Air Force.  In incorporating with the Corps, the vigilantes will “cooperate with the troops activities being carried when they are asked to.”

Additionally, this agreement allows the vigilantes to join municipal police forces, which will allow them to protect their communities.  Prior to joining such forces, however, the vigilantes must be approved by the applicable city council.

The vigilantes must submit a list of their members to the Defense Department.  The vigilantes, who are heavily armed, may keep their weapons, provided that they register their weapons with the Defense Secretary prior to their individual incorporation.  The military will, however, give the groups “all the means necessary for communications, operations and movement.”

Though the government has admirable goals in solving the nation’s security problems, the legalization of the vigilantes comes with plenty of risks.  For example, consider that the government must enforce military discipline and instill respect for human rights and due process among more than 20,000 heavily armed civilians, then eventually disband them and send them back home.”  Instilling such respect is likely to prove difficult, as the Mexican Army itself has been accused of human right abuses during the current “war against organized crime.”

Furthermore, in other Latin American countries were vigilantes were legalized, the vigilantes morphed into state-backed militias, which carried out “widespread human rights abuses [such as] mass killings.”  For example in Guatemala, thousands of deaths were attributed to the army-backed Peasant Self Defense Patrols during the country’s civil war.  Claudia Samayoa, a human rights activist in Guatemala, said that this “cure is going to be worse than the disease” and that “it would be better not to go down that road, and instead strengthen law enforcement and the justice and public safety systems.”

However, there is optimism in such an arrangement, as the vigilantes, prior to legalization, “have seized a dozen towns terrorized by extortion, killings and rapes at the hands of the cartel’s gunmen.”  Additionally, the vigilantes are mostly pro-government and are dedicated to “ fighting against kidnapping, violence, and extortion by the cartels.”

 

For more information, please see the following:

AP News – Mexican Vigilante Legalization Plan Carries Risks – 28 Jan. 2014

Fox News Latino – Mexican Gov’t Signs Agreement With Vigilante Groups – 28 Jan. 2014 

Guardian Liberty Voice – Mexico – Three Sided Vigilante Standoff – 28 Jan. 2014 

Al Jazeera –Mexico Legalizes Vigilantes – 27 Jan. 2014 

 

Snowden Reveals NSA Conducts Corporate Espionage

by Michael Yoakum
Impunity Watch Reporter, North America

WASHINGTON, D.C., United States – Former NSA contractor Edward Snowden claims that the US intelligence agency engages in industrial espionage according to a German public television broadcaster. ARD released a statement prior to a television interview Sunday in which Snowden is quoted as saying that if German engineering company Siemans had something information beneficial to the US, the NSA would take it.

Snowden is scheduled to give an interview with the German public television broadcaster ARD Sunday evening. (photo courtesy of The Guardian)

Snowden alleged that the NSA would take information from private industries even if the information had no connection to US national security needs. Snowden went on to tell the German broadcaster that he no longer has possession of any documents or information on NSA activities, adding that he has turned over all available information to selected journalists.

At present Snowden faces felony charges for the information he has incrementally released to journalists since last June when he offered information to The Guardian about NSA surveillance of American cell phone data.

A legal adviser for Snowden is quoted as saying Snowden would be open to entering talks with US Attorney General Eric Holder to negotiate his return to the US. However, that willingness to negotiate was premised on a guarantee of amnesty for crimes related to releasing classified information.

Jesselyn Radack, Snowden’s legal adviser, said she was glad to hear last week that the Attorney General was open to negotiating Snowden’s return, but expressed disappointment about the US government’s stance on amnesty.

“It’s a little disheartening that [Holder] seemed to take clemency and amnesty off the table, which are two of the negotiating points,” said Radack in an interview on “Meet the Press.”

Holder said in an MSNBC interview that the US government would not provide amnesty in some kind of “no harm, no foul” deal.

Snowden made a statement Thursday expressing his wish to return home and bring resolution to his conflict with the US government.

“Returning to the U.S., I think, is the best resolution for the government, the public, and myself, but it’s unfortunately not possible in the face of current whistleblower protection laws, which through a failure in law did not cover national security contractors like myself,” Snowden wrote on the website “Free Snowden.”

For more information, please see:

Fox News – German TV: Snowden says NSA also practices industrial espionage – 26 January 2014

MSNBC – Snowden says NSA engages in industrial espionage: German TV – 26 January 2014

Reuters – Snowden won’t return to U.S. without amnesty, says legal adviser – 26 January 2014

The Guardian – German TV: Edward Snowden says NSA is involved in industrial sabotage – 26 January 2014

CNN – NSA leaker Edward Snowden says U.S. return ‘not possible’ given current laws – 24 January 2014

US-Cuban Relations Warm During Obama’s Second Term

by Michael Yoakum
Impunity Watch Reporter, North America

HAVANA, Cuba – US and Cuban government officials met in Cuba’s capital on Wednesday to begin talks intended to tackle the issue of Cuban citizens migrating to the United States. Edward Alex Lee, a US State Department official, praised the tone of the talks explaining that the “very constructive” nature of the talks could lead to strengthened US-Cuban relations.

President George W. Bush suspended migration talks, which occur biennially, in 2003. President Obama reopened talks in 2009 before suspending them again after the arrest of US contractor Alan Gross. (Photo courtesy of BBC News)

The strained relationship between the United States and Cuba has eased considerably since President Obama began his second term. State Department and Cuban officials point to President Obama’s handshake with Cuban President Raul Castro at Nelson Mendela’s funeral as evidence is the change in tone.

“Despite our historically difficult relationship, over the course of the past year and a half we have been able to speak to each other in a respectful and thoughtful manner,’ Mr. Lee said in a Havana press conference.

Mr. Lee confirmed on Friday that he had visited Alan Gross, a US citizen sentenced to 15 years in Cuba for smuggling illegal satellite equipment into the country. He noted that US government was “deeply concerned” for Mr. Gross’s well being.

During the talks, Cuban officials reiterated their stance against the Cuban Adjustment Act, which allows Cuban citizens to gain permanent residency after one year. Further, Cuban officials point to the “wet foot, dry foot” rule as a major source of unsafe migration attempts. The “wet foot, dry foot” rule allows Cuban citizens who reach US soil to remain in the country while repatriating Cubans detained at sea.

“These are the main encouragement to illegal departures and irregular arrivals of Cuban citizens in the U.S. territory,” said a statement released by the Cuban government.

The talks that began Wednesday are part of a series on migration that began in July of last year. Neither government had released information on when more discussions might occur.

For more information, please see:

BBC News – Cuba: US ‘very open’ to new relationship – 10 January 2014

Reuters – U.S. official praises new tone with Cuba, visits jailed contractor – 10 January 2014

Miami Herald – US-Cuba migration talks to be held Wednesday in Havana – 6 January 2014

The Washington Post – Cuba, US hold migration talks in Havana – 9 January 2014

The Guardian – US and Cuba to hold fresh round of diplomatic talks in Havana – 8 January 2014

NSA Intercepts Computer Deliveries and Hijacks Windows Error Messages

by Michael Yoakum
Impunity Watch Reporter, North America

WASHINGTON, D.C., United States – German magazine Der Speigel revealed more information about the NSA’s hacking unit Sunday, reporting that that the intelligence agency intercepts computer deliveries, exploits hardware vulnerabilities, and hijacks Microsoft’s internal reporting system to spy on their targets. The report is based on internal NSA documents that claimed the agency’s mission was “Getting the ungettable.”

The NSA, headquartered in Fort Meade, Maryland, has come under fire in the past year for increasingly invasive spying systems. (Photo courtesy of CNET)

Der Speigal’s reports relate to the select group of hackers within the NSA’s Tailor Access Operations (TAO) division, which specialize in stealing data from the tough targets. The report claims that the TAO has some high-tech gadgets for gathering from tough targets, including computer monitor cables that record everything typed on the computer and a USB drive with a radio transmitter that broadcasts data over airwaves.

Beyond their gadgets, the report says that the TAO has exploited weaknesses in the architecture of the Internet to deliver malicious software to specific computers. Their techniques even take advantage of vulnerabilities in software created by some of the leading tech firms, including Cisco Systems and Dell.

The report added that one of the most effective techniques involved intercepting computer deliveries and taking them to workshops to install spyware before delivering them to a target. The NSA has taken to calling this technique “interdiction” and regularly involves support from the FBI or CIA.

One of the most startling revelations came in regards to the TAO’s ability to spy on Microsoft crash reports that come up when a game or document crashes on the Windows operating system. The reports are designed to allow Microsoft engineers work on fixing Windows errors, but Der Speigel reports that the NSA is sifting through these reports to help break in to computers running the operating system.

The report further noted that the NSA has succeeded in tapping the massive underwater fiber optics bundles used to connect the global data infrastructure. In particular, a cable bundle connecting Western Europe with North Africa and the Middle East (known as “SEA-ME-WE-4”) has been tapped.

For more information, please see:

ABC News – Report: NSA Intercepts Computer Deliveries – 29 December 2013

CBS News – Report: NSA intercepts computer deliveries – 29 December 2013

CNET – NSA reportedly planted spyware on electronics equipment – 29 December 2013

Forbes – Report: NSA Intercepting Laptops Ordered Online, Installing Spyware – 29 December 2013

The Washington Post – Report: NSA intercepts computer deliveries – 29 December 2013

An Op-Ed by Professor Mark V. Vlasic: Guatemala’s Ríos Montt and an end to Impunity

His name might not be as infamous as “Milosevic” or “Saddam,” but the fight against impunity claimed another “first” earlier this month. Efraín Ríos Montt, a former Guatemalan general, became the first former Latin American president convicted of genocide and war crimes, extending the long arm of justice to another corner of the world, for at least a moment in time.

It was only a moment, because about a week after Ríos Montt was sentenced to 80 years for the slaughter of nearly 2,000 Ixil people (an indigenous Mayan ethnic group), Guatemala’s constitutional court overturned the conviction due to technical issues, in effect, calling for a retrial. This was despite the fact that the earlier ruling found that during his time in power, “Ríos Montt had full knowledge of everything that was happening,” including the torture and killing of the Ixil, “and did not stop it.”

The former dictator had enjoyed immunity from investigation for nearly 15 years, while he served as a Guatemalan congressman, even though a number of inquiries conducted had found him responsible for atrocities. In 2001, international human-rights organizations filed an application with the Guatemalan Public Ministry to spur an investigation into past crimes. When Ríos Montt lost power — and his immunity — in 2012, the Guatemalan government moved quickly to haul him into court.

In many ways, Ríos Montt’s initial conviction was the first step in delivering some sense of justice to the victims of a bloody civil war, where impunity has long-shielded human rights violators from the long arm of the law. And despite this week’s setback, it constitutes not only a win for the human-rights advocates in Guatemala, but also for those internationally.

Referring to the initial judgment, David Tolbert, president of the International Center for Transitional Justice, stated, “This was the first time that a former head of state has been tried for genocide in clearly genuine national proceedings . . . [It] . . . shows the importance of justice being done nationally, even when the odds are long. It is a great leap forward in the struggle for justice in Guatemala and globally.”

Tolbert speaks from experience. A former deputy prosecutor at the U.N. war crimes tribunal in The Hague, he is part of an ever-growing “Hague alumni” community that began with the Slobodan Milosevic prosecution, who are both well informed of the challenges of heads-of-state prosecutions, and aware of their unique role in fighting the impunity that, for most of human history, has been the norm.

Thus, whatever the final result of the Ríos Montt case, the fact that he faced a courtroom trial, at all, is historic, as he is part of a critical international trend that is targeting those heads-of-state who, traditionally, were those most likely to escape justice. Because today, the question is not if another former leader will ever be charged, but rather when, and who is next?

This is a fundamental change in the presumption. For centuries, dictators acted with impunity, perpetrating atrocities without fear of prosecution. But unlike those of us who studied in the 20th century — the next generation will only know a world where such terrible dictators actually do stand trial. Such a presumption will embolden the next generation of leaders to act — and perhaps with time — bring a true end to impunity.

Such an end does not depend on any one trial. When Milosevic died, just months before his trial was to conclude, I was disappointed. But then it occurred to me, the “Butcher of the Balkans,” the most powerful man in Yugoslavia, in the end, died in a prison cell, yearning to be free — and arguably changed the arc of history. That is because today, we are not surprised by a trial in Guatemala, nor would a trial in Syria cause shockwaves. And that we are starting to expect justice might be the biggest change of all.

Mark V. Vlasic, an adjunct professor of law and senior fellow at Georgetown University, served on the Slobodan Milosevic prosecution trial team at the U.N. war crimes tribunal. A former White House Fellow to Secretary of Defense Robert Gates and adviser to the President’s Special Envoy to Sudan, he leads the international practice at Madison Law & Strategy Group.