North America & Oceania

Britain Imposes Ban On Export Of Lethal Injection Drug Used By The United States

By Erica Laster                                                                                                                       Impunity Watch Reporter, North America

NEW YORK, United States – At the behest of Human Rights groups and activists, the British have issued a ban on the export of lethal injection drug sodium thiopental to the United States.  The United Kingdom originally opposed the ban under the assumption that someone else would provide the drug to the U.S. and that the drug was only being used for medicinal purposes.  Some States have sought other means to execute prisoners, including the use of drugs commonly used to kill animals.

Sodium thiopenta banned by the British after learning of its use in executions. Photo courtesy of static.guim.uk
Sodium thiopental banned by the British after learning of its use in executions. Photo courtesy of static.guim.uk

Reprieve, a legal charity, campaigned for the past month in support of banning the drug used in executions.  The charities Director, Clive Stafford Smith expressed concern that a number of prisoners are set to be executed in California this week.  According to Smith, “”There is urgent work to do. The California Department of Corrections and Rehabilitation – so named, notwithstanding their plan to execute a number of prisoners – expects to receive enough drugs to kill 86 people this week, perhaps as early as today, probably again from Britain.”  Smith remains hopeful that urgent steps are taken to prevent any current shipments from reaching the corrections facility.   

The charity further notes that British pharmaceutical company Archimedes Palma may have unknowingly been used as the U.S. source for supplying the drug used for lethal injections.  

With such protests and oppositions to the use of drugs for lethal injections, states are finding other methods to continue executions. Oklahoma for instance, is attempting to use Phenobarbital as a replacement: a common drug used to kill animals.  

An order issued by British Secretary of State for Business Vince Cable requires that companies seeking to export the drug abroad must prove that the sodium thiopental will be used for the purpose of legitimate medicinal purposes and not execution. 

The ban is the result of Reprieve and British based law firm Leigh Day’s suit in support of the ban.  Leigh Day attorney Jamie Beagent praised the Secretary of State’s decision as one that “has finally come to recognize that banning drugs from the UK for use in executions overseas is the morally right thing to do.”

For More Information Please Visit:

IPS – Britain Bans Exports of Execution Drug Sought by U.S. – 30 November 2010

 BBC News – US Lethal Injection Drug Faces UK export Restrictions – 29 November 2010

Washington Post – British Imposes Controls On Lethal Injection Drug – 29 November 2010

AMNESTY PUSHES FOR JUSTICE FOR NICARAGUAN RAPE VICTIMS: TWO THIRDS OF VICTIMS UNDER AGE 17

By Erica Laster                                                                                                                          Impunity Watch Reporter, North America

MANAGUA, Nicaragua – While abortion continues to be illegal in Nicaragua, the use of 9 year olds to advocate for its use in the country is not. According to reports by Nicaraguan police, more than two thirds of the countries rape victims from 1998-2008 had not reached the age of 17.  Various tactics and measures used as solutions to resulting sexually transmitted diseases and pregnancies result in stigmatization and further trauma.

Current Nicaraguan President Ortegas stepdaughter accused him of rape in 1998. Authorities never prosecuted him. Photo courtesy of BBC News.
Current Nicaraguan President Ortega's stepdaughter accused him of rape in 1998. Authorities never prosecuted him. Photo courtesy of BBC News.

Amnesty reported that one mother attempted to file a complaint regarding her daughter’s rape by her step father.  Despite her report, authorities charged her with complicity and placed her in jail for 12 years for her failure to report the crime earlier.

Authorities never took action to arrest the step father.

Esther Major, a Nicaraguan research for Amnesty recognizes that “Young vitimcs of rape and sexual abuse demand that their right to be free from sexual violence is protected by the Nicaraguan government, and that they are supported so they can overcome the physical and psychological trauma caused by such acts of violence.”

Nicaragua’s abortion law demands that rape victims who become pregnant face imprisonment if they refuse to have the baby.    Many other victims are pressured into delivering the baby or giving the baby up for adoption.  Of the  14,000 cases reported in ten of the last 12 years, the main perpetrators were those in positions of power or relatives of the victims.

The result of inaction taken by authorities is silence from the victims.

Daniel Ortega, the current President of Nicaragua,  was accused of rape by his step-daughter in 1998.  Zoilamerica Narvaez reported the abuse to the authorities, indicating that Ortega molested her from the age of 11 to the age of 22.

As a member of parliament, Ortega maintained immunity from prosecution and the case was never brought to trial.

For More Information Please Visit:

Free Republic – Pregnant 9 year Old Victim Being Used To Push Abortion Legalization – 20 April 2010

Amnesty International – Nicaragua Must Put An End To Rape And Sexual Abuse Of Girls – 25 November 2010

BBC News – Nicaragua Accused Of Failing Rape Victims – 24 November 2010

AUTHORITIES DISCOVER UNDERGROUND TUNNEL USED TO TRANSPORT DRUGS FROM MEXICO TO THE UNITED STATES

By Erica Laster                                                                                                                             Impunity Watch Reporter, North America
 
SAN DIEGO, United States – Thursday morning, authorities discovered a half mile underground tunnel running from a Mexican residence in Tijuana to a warehouse in San Diego, California.  Of the 75 drug tunnels found to date, this one, 90 feet deep and equipped with rail tracks and carts, appeared to be the most sophisticated.  Several suspects and truck drivers were arrested at the scene and approximately 20 tons of marijuana have been seized. 
Authorities discover 75th tunnel used to transport drugs from Tijuana to California. Photo Courtesy of the New York Times. Authorities discover 75th tunnel used to transport drugs from Tijuana to California. Photo Courtesy of the New York Times.

U.S. agents found one truck filled with over 27,000 600 pound packages of marijuana.   The tractor trailer received the load and traveled 60 miles north to Temecula, California, a border checkpoint where authorities finally arrested the driver.  Miguel Unzueta, a U.S. Immigration and Customs Enforcement agent indicated that “this is obviously not a Mom and Pop operation.  This is a major significant drug cartel working.”  Authorities also arrested the driver of a second box truck following the trailer which was filled with $13,500 in cash.  While they are now in federal custody, both drivers are United States citizens.

In the last four years, U.S. authorities have found 75 underground tunnels used to transport tons of marijuana and cash back and forth over the border undetected.  The most recent tunnel came equipped with both a lighting and ventilation system.  According to Unzueta, its sophistication as electrical outlets ran throughout the wood and cinderblock enforced tunnel. 

After alerting Mexican authorities of the tunnel, Mexican military discovered an entrance beneath the kitchen floor of a residence.  Investigators on both sides believe the Sinaloa Cartel, a major Mexican Cartel known for its violence, kidnappings and murders, to be behind the tunnel.

Drug Enforcement Administration agent Ralph Partridge reported that between this and the last tunnel found on November 2, the marijuana seized amounted to the equivalent of one marijuana cigarette for each of California’s 37 million residents. Assistant United States Attorney Alana Robinsons noted that while these tunnels are being used to distribute marijuana, “these transborder tunnels pose a significant threat to our national security as well.”

For more information please visit:

CNN – ‘Sophisticated’ border tunnel leads to seizure of tons of pot – 26 November 2010

NY Times – Drug Tunnel Is Found At Border – 26 November 2010

Washington Post – Sophisticated Drug Tunnel Found In San Diego – 25 November 2010

DEATH TOLL RISES TO 1,186: HAITIAN GOVERNMENT’s RESPONSE INADEQUATE TO EASILY TREATABLE CHOLERA OUTBREAK

By Erica Laster                                                                                                                              Impunity Watch Reporter, North America

PORT-AU-PRINCE, Haiti – “Cholera is an extremely simple disease to cure,” comments Nigel Fisher, the U.N.’s humanitarian coordinator in Haiti.  Human rights groups are viewing the recent outbreak of cholera as a foreseeable health risk and the failure to counteract it a human right which the government has the responsibility to prevent and control.  The outbreak has claimed approximately 1, 186 lives In Haiti, with over 50,000 people seeking medical attention.

Haitians continue to receive inadequate treatment as poor living conditions increase the rapid spread of Cholera. Photo courtesy of france24.com.
Haitians continue to receive inadequate treatment as poor living conditions increase the rapid spread of Cholera. Photo courtesy of france24.com.

Easily treatable, the United Nations has blasted the international response and the lack of donor contributions to curb the disease. The United Nations recently appealed for a contribution totaling $164 million to counter the cholera outbreak in Haiti.  Only ten percent of the funds needed to curb the disease have been pledged.

Fear among Haiti’s sick has led to protests and violent responses in some provinces of Haiti.

Many Haitians suspect that Nepalese Peacekeeping forces are responsible for the outbreak.  With most forces camped alongside the river, river communities were the first to be hit, leading many to suspect the disease was brought to Haiti by soldiers in the country.   Last Monday, 7 peacekeepers of the United Nations were injured by protesters at Cap-Haitien, a northern city suffering from the epidemic.  The national police and the U.N. were forced to use teargas on hundreds of protesters attempting to burn a police station and a peacekeeping base.

Several other protests took place Thursday in Port-Au-Prince.  At first peaceful, the demonstration turned violent as protesters were hit with tear gas.  Young men overturned dumpsters, set fire to vehicles in the area and threw Molotov cocktails at posters of Presidential candidate, Jude Celestin.  Endorsed by the outgoing President Preval, many Haitians believe this is a sign that the November 28 elections will not be fairly decided.

One protester, Pierre Allodor, claims “The Haitian government is never do nothing for us. And we know the international government is still spending a lot of money for the Haitian people. But Preval, with his government, he still keeps their money to take back to the United States to buy some house.”

Unsanitary living conditions, poverty and a broken health care system were only exacerbated by the January earthquake.  Doctors Without Borders head of mission, Stefano Zannini, says “There is no time left for meetings and debate .”  With over 18,000 Haitians hospitalized from the disease, “the time for action is now.”

For More Information Please Visit:

Washington Post – 7 U.N. Troops Hurt, Attacked By Haitians Blaming Foreigners For Cholera Epidemic – 15 November 2010

CNN – U.N. Blasts Global Response To Haiti Cholera Outbreak As Inadequate – 20 November 2010

CNN – Anti-U.N. Protests Erupt In Haitian Capital – 18 November 2010

Human Rights Watch – Why Democracies Don’t Get Cholera – 25 October 2010

FIRST CIVILIAN TRIAL OF GUANTANAMO BAY DETAINEE: SUSPECTED TERRORIST ACQUITTED OF ALL BUT 1 of 285 CHARGES

By Erica Laster
Impunity Watch Reporter, North America

NEW YORK, United States –The first trial of a Guantanamo Bay detainee in civilian court resulted in a verdict of not guilty on all but one of 285 charges.   Ahmed Ghailani, a Tanzanian native, was charged with conspiracy, terrorism and murder charges relating to the 1998 attacks on two United States embassies.  Despite being convicted of only one charge, Ghailani faces a prison term of 20 years to life.

Guantanamo Bay detainee is acquitted of all but one charge out of 285 involving conspiracy, murder and terrorism. Photo courtesy of CNN.
Guantanamo Bay detainee is acquitted of all but one charge out of 285 involving conspiracy, murder and terrorism. Photo courtesy of CNN.

Many who have criticized the use of civilian courts in handling the prosecution of Guantanamo Bay detainees and Al Qaeda terrorists are not surprised at the oLast week, former Liberian president Charles Taylor’s defense counsel rested their case in his trial before the Special Court of Sierra Leone at The Hague.  Taylor was indicted by the Court in 2003 under allegations that he promoted an eleven year civil war in Sierra Leone that led to wide spread violence in which thousands of people were victim to rape, enslavement, torture and murder outcome.

A former Islamic cleric, Ghailani was captured in 2004 in Pakistan.  Since then he has been held and transferred to many high security detention centers.  Ghailani argued that he was an unwitting participant in the bombings while being tried by military commission at Guantanamo Bay in 2007 in connection with the bombings.

The Former Commander of the USS Cole, Kirk Lippold, commented that “One of 285 counts is not exactly a track record for a prosecution team to be proud of….This case sends a clear and unmistakable signal about using civilian courts: It didn’t work.”

Peter King, a Republic member of the Homeland Security Committee, expressed that he was “disgusted at the total miscarriage of justice today in Manhattan’s federal civilian court.”

Others have different beliefs.  Human rights activists view the decision as a vindication of their support for the use of civilian courts rather than military courts in trying Guantanamo Bay detainees.

Human Rights Watch Director Tom Malinowski hopes “the conclusion people draw from this is that this is the way to get swift and sure justice.”  He further concluded that “the only difference is that in this courtroom, Ghailani was convicted with legitimacy and finality.”

Mason Clutter, counsel for the Rule of Law Program at the Constitution Project believes that “the system worked here.  I don’t think we judge success based on the number of convictions that were received.  I think we judge success based on fair prosecutions consistent with the Constitution and the rule of law.”

Still, despite many advocates of military trials emphasizing the high security costs, defendant grandstanding and the risk of revealing classified information, others believe civilian courts pose a great tool for the future.

Despite the support, Attorney General Eric H. Holder Jr. revoked his November 2009 decision to prosecute Khalid Sheikh Mohammed and four other conspirators accused of participating in the September 11, 2001 using a federal court in New York.

Two terrorism suspects have pled guilty in the last year at Guantanamo Bay before military commissions.  Two other terrorism suspects pled guilty in federal court: Najibullah Zazi, who plotted to blow up New York subways, and Faisal Shahzad, for the attempted bombing of Times Square.

For More Information Please Visit –

Washington Post – Ahmed Ghailani, Gitmo detainee, acquited of all but 1 charge in N.Y. – 18 November 2010

New York TImes – Terror Suspect Tests Obama’s Strategy on Detainees – 18 November 2010

CNN – Landmark Terrorism Trial Ends In Acquittal On All But 1 Count – 18 November 2010