North America & Oceania

VIOLENCE AGAINST ACTIVISTS PROTESTING MILITARY HUMAN RIGHTS ABUSES RISING IN MEXICO

By Erica Laster                                                                                                                        Impunity Watch Reporter, North America

CIUDAD JUAREZ, Mexico – Concern surrounds the safety of human rights activists after Josefina Reyes Salazar was shot dead earlier this year.  On Friday, three more relatives of the slain activist were found dead near a gas station in Ciudad Juarez.  This brings the total number of Salazar’s relatives found slain to 5.  Salazar was a widely known activist and protester of human rights abuses by the Mexican military who have been deployed to fight crime. 

Activists remember Josefina Reyes Salazaar.  Photo courtesy of frentechihuahuafncr.blogspot.com.
Activists remember Josefina Reyes Salazaar. Photo courtesy of frentechihuahuafncr.blogspot.com.

Amnesty International has urged greater protection for activists since the murders.  A participant in the “Forum on Militarization and Repression,” Salazar aided in examining reports of citizens who claimed human rights violations were committed by members of the Mexican military. 

According to an eyewitness, in early January 2010, Salazar was seized outside of a shop in the town of Guadalupe by a group of armed gunmen.  One of them reportedly stated “You think you are tough because you are with the organizations.”  After Salazar fought back to avoid being abducted, she was shot in the head.

Authorities believe another female activist, Cipriana Jurado, is also at risk.

Since 2007, violence linked to drugs and organized crime has increased dramatically.  President Calderon has dispatched over 50,000 units of federal police and military personnel to secure the safety of all citizens and contain the violence.  Ciudad Juarez has remained among the most heavily infected areas.

This past February 15, the home Josefina Salazar’s mother was torched and burned down by unkkown assailants.  

On Friday, Elijah and Malena Reyes Salazar, Louise Ornelas Soto were murdered. The victims had been missing a total of 18 days before their bodies were found at a gas station in Juarez.  Two other relatives, including Salazar’s brother were also murdered following Salazar’s death. 

Social activist Malu Garcia has also been the victim of violent attacks.  Unknown assailants burned Garcia’s house while she attend a protest against abuses being committed by the Mexican military in Ciudad Juarez. 

Amnesty International believes members of the Coordination of Civil Society Organizations,  a local Ciudad Juarez group composed of activists and supporters of investigation into abuses, may also be targets of various gangs and attacks.

“The authorities must ensure that Cipriana Jurado, and other human rights defenders with the Coordination of Civil Society Organization in Ciudad Juárez, receive immediate and effective protection,” stated Kerrie Howard, Amnesty International’s deputy director of the Americas Programme.

For more information please visit:

Amnesty International – Mexico Urged to Protect Activists After Campaigner Shot Dead – 6 January 2010

CNN –3 More Relatives of Slain Activist Found Dead in Mexico – 25 February 2010

Washington Post – Suspect Arrested in Shootings Outside Mexico City – 17 February 2010

FEDERAL JUDGE ALLOWS KAWAIISU TRIBE CASE TO CONTINUE IN FEDERAL COURT

By Erica Laster                                                                                                                      Impunity Watch Reporter, North America

CALIFORNIA, United States – A federal case filed against the Tejon Ranch Corporation and the County of Kerm by the Kawaiisu Tribe of Southern California has been allowed to go forward.  United States District Court Judge Oliver W. Wanger issued a ruling, allowing the Kawaiisu Tribe to file an amendment complain within 15 days, by February 19, 2011. 

Kawaiisu Tribe sues over ownership of burial sites.  Photo courtesy of aaanativearts.com.
Kawaiisu Tribe sues over ownership of burial sites. Photo courtesy of aaanativearts.com.

 Judge Wanger stated that “Plaintiffs shall be afforded the opportunity to assert a land-based claim for enforcement of aboriginal title in any amended complaint.”

Judge Wanger’s ruling grants the Tribe’s ability to pursue the claim against Tejon and County of Kern in California.

The Kawaiisu Tribe’s Constitution states that the Kawaiisu’s territory extends to “burial sites, geoglyphs, pictographs and petroglyphs” within the boundaries of a December 30, 1949 Treaty forged between the Utahs and the Kawaiisu  and a California June 10, 1851 Treaty D which was signed at Camp Persifer Smith.

The Kawaiisu Tribe are attempting to protect the ancestral lands and burial sites of their ancestors from intrusion by the Defendants.

Tejon Ranch Corporation and the County of Kern have plans in place for the construction of a 26 thousand acre resort to be named “Tejon Mountain Village.”  The project includes 750 lodging units, a 160,000 foot shopping center, 3,400 homes and golf courses for visitors. 

The people of the Kawaiisu Tribe specifically object to language in an Environmental Report that the Corporation submitted to Kern County.  The language states that Tejon Mountain Corporation will be “the property owner (who is also the owner of the remains), and of any associated archaeological materials.” 

The Tribe argues that the Administrative Procedure Act, federal legislation, protects Native American lands, burial remains and sacred objects from encroachment. 

David Laughing Horse Robinson, Chairman of he Kawaiisu Tribe of Tejon, argues that “the unborn and our ancestors are made into slaves and property by that statement.”  He believes that these actions on the part of Kern County are indicative of the unequal treatment of Native Americans by those of European descent.  Further, he contends that this is a serious infringement on the human rights of his people.

For further information please visit:

Indybay – Kawaiisu Tribe To Continue In Federal Court – 9 February 2011

Angelfire – Kawaiisu Tribe Homepage (Constitution)

The Mountain Enterprise – Second Lawsuit Seeks Injunction – 13 November 2009

Indigenous People’s issues and Resources – Kawaiisu Tribe of Tejon Lawsuit Amended Complaint Filed – 28 August 2010

STATES SEEK PROSECUTION OF FORMER PRESIDENT BUSH FOR TREATMENT OF DETAINEES AT GUANTANAMO BAY

By Erica Laster
Impunity Watch Reporter, North America

UNITED NATIONS – The Center for Constitutional Rights (CCR) released a 2,500 word indictment outlining a case against former President George W. Bush for violations of the Geneva Convention and his failure to uphold the fundamental human rights of those labeled as enemy combatants.  Katherine Gallagher, an attorney for CCR stated “Torturers, even if they are former presidents of the United States, must be held to account and prosecuted.”

Former President Bush admitted to using torture techniques in his book Decision Points.  Photo courtesy of The Guardian.
Former President Bush admitted to using torture techniques in his book Decision Points. Photo courtesy of The Guardian.

60 human rights groups including the CCR and the European Center for Constitutional Human Rights backed the indictment.

Amidst warnings that he would be prosecuted and possible protests, Bush canceled his travel plans, backing out of a February 12 speech to be given in Switzerland.    “Waterboarding is legal because the lawyer said it was legal. I’m not a lawyer,” stated the former President during an MSNBC interview in November of 2010.

The actions of the Bush 6, a group of the former Bush administrations constitutional lawyers and authors of the legal framework Bush claimed to be operating under, are under investigation in Spain.  Spanish courts have invoked their universal jurisdiction for two other cases against the former President to determine the legality of the treatment of enemy combatants at Guantanamo Bay and other “black sites” controlled by the United States around the world.

Judges practicing from Madrid to Geneva are seeking prosecution of the former President.

After freely admitting to authorizing water boarding as a means of interrogation in a book released this past November, rights groups have called for immediate legal action.  Human Rights Watch and Amnesty International have called for the United States to investigate all complaints against former President Bush.  The known watchdogs stressed that impunity should not be tolerated.

Human Rights Watch representative Laura Pitter says “We are asking the U.S. to at least investigate the potential for prosecution.  There is no reason why U.S. courts should not open up such an investigation, even if it is based solely on what Bush has already admitted publically.”

Senior politicians connected with war, internal conflict and other alleged crimes have had to be increasingly wary of traveling since the arrest of Agosto Pinochet, former Chilean Dictator in London in 1998.

For More Information Please Visit:

IPS News – No More Immunity for George W. Bush, Abroad, At Least – 7 February 2011

Guardian – George Bush Issued Travel Warning By Human Rights Organisations – 7 February 2011

Guardian – George Bush Calls Off Trip to Switzerland – 6 February 2011

Hospital Director Receives 15 year sentence For Deaths of 26 Psychiatric Patients In Havana

By Erica Laster                                                                                                                       Impunity Watch Reporter, North America

HAVANA, Cuba – A Cuban court is making its final decisions in the sentencing of 13 hospital staff charged with the negligence of minors, disabled and ill patients, embezzlement and abandonment.  The defendants face up to 15 years for the deaths of 26 psychiatric patients found dead from cold and neglect in January of 2010 after temperature dropped in the winter.  Many of the patients lacked blankets, clothing and were suffering from malnutrition and vitamin deficiencies.  

26 psychiatric patients were found dead of cold, malnutrition and vitamin deficiencies at Havana Psychiatric Hospital in January of 2010.  Photo courtesy of realcubablog.
26 psychiatric patients were found dead of cold, malnutrition and vitamin deficiencies at Havana Psychiatric Hospital in January of 2010. Photo courtesy of realcubablog.

Various staff department heads, including the cook and hospital nutritionist, have been charged and face sentencing in the next few days.

A once reputed institution, various groups began to doubt the Havana Psychiatric Hospital’s responsibility in caring for patients.  In the months leading up to the January deaths, friends and family members submitted complaints about the actions of hospital staff.  Many claimed the hospital staff was stealing blankets, food and other items which they later sold on the black market. 

Granma, the main newspaper of Cuba, released word Monday regarding the case, which garnered much shock and criticism, but offered little information during the investigation.

Granma’s report substantiated family members and neighbors complaints regarding the hospital staff.   The investigation included an assessment of each patient, some of whom were found to have suffered from malnutrition, anemia and vitamin deficiencies.  On average, Havana Psychiatric received enough food for up to 2,458 patients.  Only 1,484 patients were present at the facility.

“The neglect and irregularities were already problems before, and you wonder how it is that no one saw them,” says retired communicator Marta María Céspedes. “Weren’t there inspections?”  Despite the renowned hospital’s reputation and state of the art facilities, this is a blow to the reputation of Cuba’s health care system which provides universal free healthcare. 

Elizardo Sanchez of the Cuban Human Rights Commission indicates he has evidence that up to 40 patients died at Havana Psychiatric, a fact hidden by the Cuban government.  “This reaffirms our conviction this has been a judicial farce. All the defendants are really just scapegoats, the responsibility lies with senior government officials,” says Sanchez.

Fidel Castro first instituted universal healthcare in 1959 after the revolution, leading to an excess supply of doctors and a healthcare system which rivaled most countries, including the United States.

The staff members’ trial took place from January 17 to January 22, 2011 resulting in the hospital director’s sentence of 15 years for his involvement in the patient deaths.

 For More Information Please Visit:

CNN – Cuba Hospital Staff Get Long Jail Terms For Patient Deaths – 1 February 2011

Havana Times – Shock At Cuba’s Psychiatric Hospital Trial Revelations – 25 January 2011

Global Issues – Cuba: Shock At Deaths And Corruption In Psychiatric Hospital – 25 January 2011

MSNBC – Cuba Seeks Long Jail Terms For Mental Asylum Deaths – 24 January 2011

UN SPECIALIST INVESTIGATES HIGH RATES OF RAPE AND ASSAULT IN INDIAN COUNTRY

By Erica Laster                                                                                                                       Impunity Watch Reporter, North America

CHEROKEE, United States – On Friday, Rashica Manjoo stopped in Cherokee, North Carolina to discuss action to be taken against those that physically and sexually assault Native American women. As the special rapporteur for the United Nations on violence against women, Manjoo plans to report her findings to the United Nations Human Rights Council. 

Matilda Black Bear discusses her experience with domestic violence and the unavailability of support for women.  Photo courtesy of Indian Law.
Matilda Black Bear discusses her experience with domestic violence and the unavailability of support for women. Photo courtesy of Indian Law.

According to the Department of Justice, one out of every three Native American women are raped during their lifetime.  Three of four will become the victims of a physical assault.

Matilda Black Bear, a 64-year-old Cherokee native, is more than familiar with violence against women.  Over 30 years ago at the age of 26, Matilda entered into a relationship with a man that quickly turned violent.  “In the ’70s there were no services for victims, let alone any laws to hold perpetrators accountable,” recalls Tillie. “I went to the police and to the judges and they didn’t know what to do with me.”

The Indian Civil Rights Act limits tribal courts sentencing authority over Indians who have been accused of sexual and domestic violence against women.  Further, non-Indians are protected from sentencing by Indian Nations which are prohibited from exercising jurisdiction over non-Indian offenders.

Terri Henry, Councilwoman for the Eastern Band of Cherokee Indians believes, “The right to be safe and live free from violence is a human right that many in this country take for granted—but not Native women, who are beaten and raped at rates higher than any other population of women in the United States.”

Advocates have expressed the need to push for greater jurisdiction, services for survivors of domestic and sexual violence, funding and federal support. 

This past Friday, Attorney General Eric Holder announced the formation of the Violence Against Women Federal and Tribal Prosecution Task Force.  In an attempt to change the rates at which Native American women experience violence in their communities, the Task Force has been directed to complete a trial manual and discuss “best practices” for prosecuting those accused of violence against women in Indian Country.

Holder stated that, “The creation of the Violence Against Women Tribal Prosecution Task Force has been a priority for me since my visit with tribal leaders last year, and I believe it is a critical step in our work to improve public safety and strengthen coordination and collaboration concerning prosecution strategies with tribal communities.”

Citizen-Times – UN Studies Domestic Violence in Cherokee – 29 January 2011

Indian Law – UN Expert Investigates Violence Against Indian Women – 28 January 2011

Cherokee One Feather – DOJ Attempting to Combat Violence Against Indian Women – 25 January 2011