North America & Oceania

Canada Releases Names and Profiles of Suspected War Criminals

By Brittney Hodnik
Impunity Watch Reporter, North America

OTTAWA, Canada – Over the weekend, the Canadian government released the names and photos of thirty suspected war criminals allegedly living in Canada.  Many fear that the recent announcement will pave the way for xenophobia and vigilantism, according to The Montreal Gazette.  On the other hand, Minister of Immigration, Jason Kenney believes that releasing the names is a good thing, as two of the men have already been arrested.

Minister of Immigration, Jason Kenney responding to questions from the House of Commons. (Image Courtesy of The Canadian Press)
Minister of Immigration, Jason Kenney responding to questions from the House of Commons. (Image Courtesy of The Canadian Press)

As reported by The Canadian Press, 42-year-old Arshad Muhammad was arrested in Toronto when a police officer recognized him.  He is allegedly linked to an Islamic organization in Pakistan.  Additionally, 44-year-old Cristobal Gonzalez-Ramirez was arrested in Alberta.  He allegedly has ties to a special army unit in his homeland of Honduras.

According to the public safety minister’s office, Canada says that this is a “pilot project.”  Mike Patton, spokesperson for Public Safety Minister Vic Toews thinks that the project is working.  He said, “Clearly it’s been excellent thus far,” as reported by The Toronto Sun.

On the other hand, many groups feel that releasing the names and photos unfairly labels people who have never even been tried in a court of law.

Nathalie Des Rosiers, general counsel of the Canadian Civil Liberties Association (“CCLA”) said that this list is both alarmist and misleading, as reported by The Montreal Gazette.  The profiles on the war criminals do not tell the public what the men are suspected of, causing many to overreact, imagining the worst crimes against humanity when some may have been messengers or drivers.

Noa Mendelsohn Aviv, also with the CCLA, finds the list very worrisome.  “I see this as a very worrying and increasing trend of fanning the flames of racism, of xenophobia, of anti-immigrant sentiment by trying to create associations between immigrants and refugees and all these other terrible things,” according to The Toronto Sun.

Canada has often been criticized for their somewhat lackadaisical policies on immigration.  The Obama administration wants stricter enforcement of immigration laws and more cooperation between Ottawa and Washington.  Marshall Drukarsh, immigration attorney, is skeptical of this “more Americanized attitude” on immigration.

Kenney says that dozens of tips have come in since the government posted the list.  If this ‘project’ goes well, Canada will continue to release names of other suspected war criminals allegedly living in Canada.

For more information, please visit:

The Toronto Sun — Going Public With War Criminals ID’s a ‘Pilot Project’ — 25 July 2011

CTV News (The Canadian Press) — Kenney Credits Suspected War Criminal List for Quick Arrests — 24 July 2011

The Toronto Sun — War Criminal Nabbed in Toronto — 23 July 2011

The Montreal Gazette — Feds Say 30 Men Suspected of ‘War Crimes’ Are Living In Canada — 22 July 2011

The Wall Street Journal — Canada Says 30 Immigrants Suspected of War Crimes — 22 July 2011

MEXICAN NATIONAL EXECUTED IN U.S. DESPITE REQUESTS FOR REPRIEVE

By Erica Laster                                                                                                                                          Impunity Watch Reporter, North America

WASHINGTON, United States – The state of Texas executed Humberto Leal Garcia, Jr. on Thursday evening amid outcries from human rights organizations.  Despite the Mexican national’s conviction for the kidnapping, rape and murder of a 16 year old Texas girl in 1994, government officials argued that the United States failure to place Garcia in contact with the Mexican consulate upon his arrest violated international treaty obligations under the Vienna Convention.

Humberto Leal Garcia, Jr. denied rights under Vienna Convention.  (Photo courtesy of the Washington Post)
Humberto Leal Garcia, Jr. allegedly denied rights under Vienna Convention. (Photo courtesy of the Washington Post)

Garcia’s victim was 16 year old Adria Sauceda.  Garcia was convicted of raping and strangling the young girl before using a 35 pound chunk of asphalt to bludgeon her.

Both the Bush and Obama administrations requested reprieves and clemency for the Garcia before his execution by lethal injection.   The case prompted a flurry of disputes over the United States’ commitments to international agreements and the rights of foreigners currently on American death rows.

CNN reports Garcia’s last statement before his execution as, “I am sorry for everything I have done.  I have hurt a lot of people.  Let this be final and be done.  I take the full blame for this.”  Garcia then shouted “Viva Mexico” before turning to the warden and stating “I’m ready warden, let’s get this show on the road.”  

Garcia’s appellate attorneys argued that their client’s sentence was unusual and that violations of the Vienna convention should at least have given Garcia a reprieve from death row.   They cited the 2004 ruling of the International Court of Justice ordered the United States to review convictions of Mexican nationals who received the death penalty.

However, CNN reports that in a 5-4 ruling by the Supreme Court requesting a stay of execution, the majority opinion indicated that “We decline to follow the United States’ suggestion of granting a stay to allow Leal to bring a claim based on hypothetical legislation when it cannot even bring itself to say that his attempt to overturn his conviction has any prospect of success.”

Diplomats and rights organizations in both the U.S. and Mexico expressed disappointment in the result of the case.  However, critics argue that the Vienna Convention is not binding upon individual states without the passage of enabling legislation by Congress.

U.N. High Commissioner for Human Rights Navi Pillay stated that this “execution will undermine the role of the International Court of Justice, and its ramifications are likely to spread far beyond Texas.”  Many believe that this will cause retaliation and reprisals against Americans abroad.

“Frankly, if we don’t protect the rights of non-Americans in the United States we seriously risk reciprocal lack of access to our own citizens overseas,” says State Department spokeswoman, Victoria Nuland.   Nuland made clear that the Obama administration strongly opposed the outcome and is currently working to speed legislation specifically defining the rights of non U.S. citizens to consular access.

For more information, please see:

Washington Post – Mexican National’s Execution in Texas Prompts Diplomatic Disappointment – 8 July 2011

Reuters – U.S. Seeks to Limit Damage of Texas Execution Case – 8 July 2011

CNN – Mexican National Executed in Texas – 7 July 2011

Washington Post – Execution of Mexican National Prompts Concern About Impact – 7 July 2011

Trafficking sex slaves: a booming industry in the US capital

By Brianne Yantz
Impunity Watch Reporter, North America

WASHINGTON D.C., United States – Human trafficking is a booming business in the United States. Particularly popular is the sexual exploitation of trafficking victims, many of which are young boys and girls.  These child prostitutes are often lured in by false promises and then forced into a life as a “sex slave.”  Although cities across the U.S. are hubs for child prostitution, Washington D.C. has one of the highest rates of sex trafficking in the nation.

Tina Frundt, a former trafficking victim turned activist (Photo Courtesy of CNN). Tina Frundt, a former trafficking victim turned activist. (Photo Courtesy of CNN)

 

According to Examiner.com, a study funded by the U.S. Department of Justice in 2001 estimated that “300,000 runaway and throwaway youths under 18 have been sexually exploited.” ABC’s Good Morning America reported that in 2007 the U.S. Department of Justice had expanded that estimate to “between 100,000 and 3 million.”

Recently, CNN investigated and reported on the sex slave ring in D.C.  During the investigation, CNN’s Barbara Starr interviewed Tina Frundt, a former trafficking victim turned activist who works at a non-profit organization for victims of sex trafficking called Courtney’s House.  Frundt revealed to Starr that the average age of young girls being trafficked is between 11 and 14 years, and for boys it is between six and nine years old.

Frundt further revealed that at night the streets of D.C. are traffic controlled: the trafficker makes all the money.  The women and children live as slaves, being beaten and forced to work the streets every night.

Frundt’s interview with CNN brings the reality of the sex slave trade to the forefront. At the close of the report, she offers that “if President Obama had to walk out of his door, his front door, at two-three in the morning – he would go two blocks away and see traffickers forcing women and girls out on the street every night here in the United States.”

CNN also interviewed Bradley Myles, the Executive Director and CEO of the Polaris Project, an organization aimed at combating human trafficking and slavery, to discuss public unawareness.  Myles told Starr that most people who walk the streets of D.C. on a daily basis do not realize that at four and five in the morning those same street corners are used for prostitution.

Those who are aware of the trafficking and sexual exploitation in D.C. are extremely concerned.  Amanda Kloer, an Editor at Change.org, reported that “all this wealth, political power, and slavery happens within five square blocks of one another, in what may become the human trafficking capital of America.”

Kloer, who works in D.C., is extremely disturbed that from her own office window she can see “one of the most notorious corners for prostitution in the city.”

Despite its continued prevalence, there have been some efforts by the federal government to crackdown on sex trafficking.  In 2000, Congress passed anti-trafficking laws, which were reauthorized in 2006.  Both the Human Trafficking Task Force and the U.S. Justice Department’s Innocence Lost initiative, separate efforts that target violent and predatory pimps, have made use of the laws to impose stiffer penalties on those convicted.

Yet, cracking down in Washington D.C. has proved to be a challenge.  One reason may be because it is a small region where different legal jurisdictions intersect.  Maryland and Virginia abide by their respective state laws, while a mixture of both local and federal laws govern D.C.

Human trafficking is also a very lucrative business, which makes it extremely difficult for police to shut it down.  As CNN reported, “the sex trade alone is worth millions of dollars every year and the buyers keep on coming.”

For more information, please see:

 

CNN – Sex slaves in nation’s capital – June 24, 2011

Change.org – Human Trafficking Booming in Washington D.C. – June 28, 2010

The Washington Post – Activists Work to End Human Trafficking in D.C. – October 8, 2009

Examiner.com – Washington DC a sexual playground for pimps and johns: Exposing child prostitution rings in DC – March 18, 2009

ABC News – Teen Sex Slave Trade Hits Home – January 30, 2007

The Washington Post – Area Juvenile Sex Rings Targeted Using Anti-Trafficking Laws – March 6, 2006

 

Officials Fight to Delay Mexican Man’s Execution in Texas

By Brittney Hodnik
Impunity Watch Reporter, North America

WASHINGTON, United States – Politicians, retired military figures, and lawyers have come together to protest the upcoming execution of Mexican citizen Humberto Leal Garcia in Texas.  Despite possible violations of Garcia’s rights under the Vienna Convention, Texas Governor Rick Perry is adamantly pushing forward.  Some argue that if Texas carries out this execution it will put Americans travelling abroad in serious danger.

Texas Governor Rick Perry plans to proceed with the execution despite protests from the President and other officials. (Photo Courtesy of The Guardian)
Texas Governor Rick Perry plans to proceed with the execution. (Photo Courtesy of The Guardian)

In 1994, prosecutors found Leal guilty of raping and murdering a 16-year-old girl in San Antonio, Texas and sentenced him to the death penalty shortly thereafter.  According to the New York Times, the United States never informed Mexican authorities of his arrest and denied him access to Mexican consular officials in direct contravention of the Vienna Convention.  Rather, Texas assigned unprepared and incompetent court-appointed lawyers to Leal’s case.

President Obama and former-President George W. Bush have both denounced Leal’s execution, suggesting that Texas is violating international law provisions.

In 2004, the International Court of Justice (“ICJ”) ruled that the United States must “review and reconsider” Leal’s case, along with the cases of multiple other Mexican inmates on death row in the U.S.  Texas refused to comply with the ICJ ruling, arguing that international law is not binding.  In 2008, the Supreme Court ruled that the U.S. was obligated to comply with the judgment through Congressional action; presidential action alone was not enough.

Legislation regarding the matter was submitted in the Senate this month, but it may not pass in time to save Leal from his sentence.  Leal’s current lawyer, Sandra Babcock, spoke with the New York Times to explain the situation.  “He has a due process right to remain alive while Congress has a meaningful opportunity to consider and pass this legislation.”

The Guardian reports that top officials are worried about potential backlash from non-compliance.  They argue that failure to observe these international laws will put American nationals in serious danger if arrested abroad. 

John Bellinger, attorney and former legal adviser at the State Department for the Bush administration agrees.  “It’s not a favor that we do for foreigners who travel in the United States.  The United States is a party to this treaty because it protects Americans when we travel abroad.”

Victor Uribe, head of the legal section at the Mexican Embassy, told NPR that they have appealed to Governor Perry himself because as of now, he is the only one who can halt the execution; neither the President nor the ICJ hold any power at this point.

Governor Perry has yet to budge.  According to NPR, his staff has previously stated, “It is important to remember that these individuals are on death row for killing our citizens.”  Texas has shown no signs of waiver as Leal’s execution edges ever closer.

For more information, please visit:

The New York Times — Texas Is Pressed to Spare Mexican Citizen on Death Row — 27 June 2011

NPR — Planned Execution Puts Mexico, Texas At Odds — 15 June 2011

The Guardian — US Politicians and Lawyers Protest Against Death Penalty for Mexican Man — 7 June 2011

Fox News Latino — Mexican Rights Body Seeks Clemency for Man on Texas Death Row — 6 June 2011

OAS readmits Honduras after Zelaya returns, but human rights concerns remain

By Brianne Yantz
Impunity Watch Reporter, North America

TEGUCIGALPA, Honduras – Earlier this month the Organization of American States voted to readmit Honduras after President Porfirio Lobo agreed to former President Manuel Zelaya’s return from exile. Honduras was suspended from the OAS in 2009 after Zelaya was ousted by the Honduran military in a coup d’état.

Zelayas supporters gather in Tegucigalpa to welcome his return (Photo Courtesy of the NY Post).
Zelaya’s supporters gather in Tegucigalpa to listen to his speech 3 months after ouster. (Photo Courtesy of the NY Post).

At the time of his removal Zelaya had been campaigning for constitutional reform, which his opponents alleged were in efforts to extend his presidency. The Honduran constitution bans leaders from serving more than one term in office and the speculation that Zelaya desired to run for a second term served as the pre-text for his removal.

Despite the reasons behind Zelaya’s removal, many believe the nation is worse off than it was two years ago. According to the Inter-American Commission on Human Rights, more than 4,000 cases of human rights violations were documented between June 2009 and December 2010.  Human rights activists, journalists, and the government’s political adversaries have been among those suffering violent abuse and repression at the hands of the Honduran military and police.

Honduras is currently one of the world’s most violent nations.  The homicide rate is four times higher than that of Mexico, with 67 per 100,000 people murdered each year. In the past year alone around 40 community leaders, many of which were Zelaya supporters, were killed.

Since his election to office last year, President Lobo has made multiple public statements calling for and promoting peaceful resolution but the violence has continued.  Although some see Zelaya’s return to Honduras as a step towards achieving peace, many believe the on-going human rights violations that have endured for the past two years are far from over.

These beliefs are not without merit. The Cartagena Accord, the diplomatic agreement that paved the way for Zelaya’s return, mandated that the assassins, torturers and rapists of the Honduran regimes of the past two years be immune from criminal prosecution. According to a Workers Word report, Committee of Relatives of the Detained-Disappeared in Honduras representative Bertha Oliva criticized the agreement, stating, “We do not see any indications of how and when those responsible for the crimes against humanity committed during and after the coup will be punished.”

Oliva is one of many who are skeptical of conditions of Zelaya’s return and if his presence will help rid Honduras of despair. Many believe the that Zelaya was allowed to return so that Honduras would be readmitted to the OAS, an action more than 20 human rights organizations had opposed because it effectively legitimized the government that rose to power after the coup.

Zelaya’s return is a return to political normalization; however, there is still no guarantee that his return and the return of Honduras to the OAS will restore civil rights and freedoms to the people of Honduras.

For more information, please see:

 

Workers Word – Zelaya returns to Honduras – June 9, 2011

LA Times – Fixing Honduras – June 7, 2011

Reporters Without Borders – Concern about future of civil liberties, human rights after OAS readmits Honduras – June 7, 2011

The Miami Herald – Hollow victory – June 5, 2011

Latin American Press – End of the crisis? – June 2, 2011

BBC News – OAS lifts Honduras suspension after Zelaya agreement – June 1, 2011