North America & Oceania

International Commission Faces Resistance From Guatemalan Government: 1,700 top officials purged

By Erica Laster                                                                                                                      Impunity Watch Reporter, North America

GUATEMALA CITY, Guatemala – “We live in a terrifying anarchy,” says Oscar Quintero, an expert psychologist discussing coping strategies.  The International Commission Against Impunity in Guatemala, an organization supported by the United Nations was created in 2007 to eradicate contract killings, dismantle illegal security groups and root out corruption among Guatemala’s business and political elite.  The same people who have helped in the campaign are now its quarry with the head of national police and a former presidential candidate now fugitives with arrest warrants issued for their capture.

In late June 2010, the severed arms, legs and head of an unidentified woman are found at a crime scene.  Photo courtesy of the Washington Post.
In late June 2010, the severed arms, legs and head of an unidentified woman are found at a crime scene. Photo courtesy of the Washington Post.

Despite a homicide rate three times the number as Mexico, the Commission is being met with great resistance from a number of top officials.  Former Vice-President Eduardo Stein has accused the commission of “going out of control,” ignoring Guatemalan law and overstepping its mandate.   Stein believes the Commission is issuing erroneous criminal charges to the government. 

Carlos Casetrana, former leader of the International Commission told the Associated Press that “all the cases we’ve brought to justice have so far ended in prison sentences for the accused.”   

Those accused of kidnapping, murder, drug trafficking received the most rapid convictions.  1700 police officers, prosecutors and judges have been purged as a result of Casetrana’s recommendations.   The arrest of “hitherto untouchable ex-military leaders,” has been praised by Human Rights First. 

One of the Commission’s biggest accomplishments was the purging of Guatemala’s Pavon prison farm.  The purpose behind Pavon was a rehabilitation center for inmates where prisoners could tend livestock and grow vegetables.  It instead became a feudal state where inmates had access to prostitutes, internet, video games, drugs and fast food.   The largest prison in the state, officers swarmed the prison on September 25, 2006, retaking it from inmates running a cocaine lab from its premises.

Today, nearly half the countries territory of 14 million is controlled by drug cartel and other criminals.  Civilians face dangers in even the safest of government addresses.

For More Information Please Visit:

The Guardian – Bars, Brothels, And A Regime of Terror – 30 September 2006

Washington Post – U.N. Backed Investigators Shake Up Guatemala – 14 November 2010

CNN – U.N. Names Anti-Impunity Chief For Guatemala – 30 June 2010

Guatemala Times – UN Expert Calls For Drastic Change In Global Drug Control Policy – 25 October 2010

TENSION RISES BETWEEN BORDER STATES OF NORTHERN MEXICO AND TEXAS

By Erica Laster                                                                                                                       Impunity Watch Reporter, North America

MEXICO CITY, Mexico – Gunfire and death has resulted in increased tension among the northern Mexican states and Texas cities just across the border.   With politicians being gunned down , citizens being recruited to the cartels and cartels constantly patrolling highways, the Mexican states bordering Texas have forced many to retreat.  Colleges and Universities in Texas have also felt the impacts of drug cartel control and gunfire.

Mass grave found in Acapulco not the end of violence in Mexican States this weekend. Photo courtesy of cache.boston.com.
Mass grave found in Acapulco not the end of violence in Mexican States this weekend. Photo courtesy of cache.boston.com.

Many of Mexico’s victims speak on condition of anonymity, noting that “This is out of the government’s hands.  Mexico has been sacrificed and sold to the narcos.  It is the narcos who have the power.”

On Thursday near Acapulco, 18 bodies were removed from a mass gravesite.  Investigators believed their deaths may have been a mistake.  A video posted on YouTube led authorities to the gravesite after anonymous calls to the police.  The video depicts two men being forced to answer questions from an off scene interrogator, confessing to killing the Michoacan men in the graves over drug trafficking disputes.  These videos are a powerful tool, challenging the authority of the state as vigilante justice is brought by criminals.

This past Friday, cartels and military forces clashed after the death of Tony “the Storm,” leader of the Gulf cartel.  Three of his henchmen were also killed in the gunfire in Matamoros, Tamaulipas which could be heard across the border in Texas.  CNN reported that border colleges only a half a mile away,  including the University of Texas at Brownsville and Texas Southmost College were forced to cancel classes and rearrange weekend events “because of gunfire taking place across the Rio Grande.”

On Saturday, eighteen were killed in Ciudad Juarez.  While many used to believe that any murdered victims were involved with narcotics, now, everyone is at risk.  One incident included a family of seven being slaughtered outside their home, including two brothers, believed to be the targets.  Five more bodies were found dead inside of a car and two were found lying in the street.  This marked one of the bloodiest days of the year in Ciudad Juarez.

For More Information Please Visit:

CNN – Official: 18 People Killed In Ciudad Juarez – 7 November 2010

CNN – Gunmen, Forces Clash After Cartel Leader Killed – 6 November 2010

LA Times – Caught Behind Enemy Lines – 6 November 2010

Washington Post – Mistake May Have Led To Mass Grave Deaths In Mexico – 4 November 2010

JAMAICAN COURT DENIES BAIL TO U.S. CITIZEN ACCUSED OF SEX TRAFFICKING

By Erica Laster                                                                                                                   Impunity Watch Reporter, North America

KINGSTON, Jamaica – Last week, the Jamaican Corporate Area Resident Magistrate’s Court denied bail to United States citizen Lynn Scantlebury, accused of trafficking various foreigners into the country and forcing them into prostitution.   On September 16, 2010, Scantlebury, 23, and her 41-year-old stepfather,  Anthony Parker, were arrested at the Latin Movement Night Club in Jamaica.

Trafficking In Persons Act Fails to Stop The Illegal Trade In Jamaica: Photo Courtesy of www.baiganchoka.com
Trafficking In Persons Act Fails to Stop The Illegal Trade In Jamaica: Photo Courtesy of www.baiganchoka.com

A total of thirteen people, several of them minors from Panama and the Dominican Republic, were detained by officials.  Scantlebury’s attorney argued for her release on bail, but was denied on the grounds that the defendant presented a flight risk.

Both Parker and Scantlebury face seven counts of facilitating human trafficking, seven counts of conspiracy, eight counts of human trafficking and one count each of money laundering and withholding travel documents.  It is further alleged that Parker and his wife, who has not been charged, played a major role in an international human trafficking ring.

In 2007, Jamaica passed the Trafficking in Persons Act, meant to prevent, suppress and punish all forms of trafficking related offenses, including those which involve the receipt of financial benefits and profits related to the trade.

Several wealthy businessmen from Jamaica have been under investigation in 2010 for criminal activities which include human trafficking.  Many are under scrutiny for their relationship with the reputed head of the Shower Posse, Christopher “Dudus” Coke, recently extradited to the United States.

This news should not be surprising given the country’s history of human trafficking.  One need only remember the caravan of Haitian children found aboard a bus en route to the border driven by a group of United States citizens claiming to be saving the parentless children in the wake of the earthquake.  It was later discovered that the children’s parents were in fact, alive and well.

For More Information Please Visit:

Jamaican Observer – American Woman Accused of Human Trafficking Denied Bail – 29 October 2010

Jamaican Observer – Family Accused of Trafficking Prostitutes – 4 October 2010

End Human Trafficking – Persons Accused of Human Trafficking Remanded – 7 October 2010

The Daily Herald – Two Accused of Human Trafficking Remanded – 5 October 2010

Armed Gunmen Force Mexican Attorney’s Video Confession: Former Attorney General Implicated

By Erica Laster                                                                                                                   Impunity Watch Reporter, North America

CHIHUAHUA, Mexico – Armed gunmen kidnapped Mexican Attorney Mario Gonzalez after storming his office last week.  Less than two days later, a video surfaced in which his attackers, holding Gonzalez at gunpoint, force him to confess to a myriad of crimes, including supporting drug cartels, aiding in kidnappings and assisting the Juarez cartel in the murders of various politicians, journalists and attorneys

Mexican Attorney Held At Gunpoint: Forced to Confess Former Attorney Generals Ties To Drug Trafficking & High Profile Murders
Mexican Attorney Held At Gunpoint: Forced to Confess Former Attorney General’s Ties To Drug Trafficking & High Profile Murders

 Patricia Gonzalez, his sister and former attorney general, was also implicated in orchestrating many sensational murders linked to drug crimes.  Gonzalez stated that many “believe there are close ties between drug trafficking and government institutions.”  The video, she acknowledged, may only reinforce those beliefs.

As the video begins, armed gunmen in military uniforms level rifles at Mario Gonzalez’ head.  “”What group do you belong to?” “The group called La Linea or the Juarez Cartel.” “What is your job?” “I am the link to the prosecutor, my sister…”

In an interview with the Washington Post, Gonzalez indicated that she believes the off camera questioner to be “El Puma,” the leader of the Sinoa Cartel, a rival drug gang struggling for control in Mexico.  Gonzalez assumes he is a former police officer and on among many enemies she made while a prosecutor before retiring October 3, 2010.  “We fired 350 police and prosecutors.  I think there are clear elements that indicate that the state police are involved in my brother’s kidnapping.” 

Kidnapped attorney Gonzalez’s wife was contacted for a ransom of $500,000 shortly after the kidnapping.  However, officials inside of the investigation believe the ransom was an ill disguised attempt to thwart investigators from the real purpose of the kidnapping: destroying the reputation of prominent legal professionals.

While officials are continuing with the investigation, many cannot ignore Gonzale’s forced confessions to being complicit in the murder of the former chief of operations of Chihuahua and a veteran crime reporter for El Diario, Armando “Choco” Rodriguez in November of 2008.

Interior secretary Graciela Ortiz indicated that, ‘What’s important is that citizens can be sure the state will act objectively and impartially to apply the full weight of the law against anyone responsible for a crime, regardless if they are ex-officials or of the position that they held.”

For More Information Please Visit:

Daily Mail – Mexican drug gang video shows ex-politician’s kidnapped brother ‘confessing’ her crimes at gunpoint  27 October 2010

Washington Post Mexican Drug Cartel Forces Lawyer’s Video Confession – 30 October 2010

Justice In Mexico – Former State Attorney General Patricia Gonzalez Rodrigues accused of having ties to drug traffickers – 27 October 2010

US: Khadr Sentencing Should Reflect Juvenile Status

Human Rights Watch

NEW YORK, New York, United States – The military commission sentencing jury at Guantanamo should fully take into account Omar Khadr’s status as a former child soldier captured when he was 15, Human Rights Watch said today. According to media reports, Khadr accepted a plea deal on October 25, 2010, to purported war crimes and other charges, making the US the first Western nation since World War II to convict someone for acts committed as a child in a war crimes tribunal.

“The US treatment of Omar Khadr has been at odds with international standards on juvenile justice and child soldiers from the very beginning,” said Jo Becker, children’s rights advocacy director at Human Rights Watch. “As the military jurors consider sentencing this week, they need to take Khadr’s status as a child offender into account.”

Khadr, a Canadian citizen, has already spent more than eight years in US military custody. The terms of the plea deal have not yet been made public. Khadr was facing life in prison on the charges against him, which included murder and attempted murder in violation of the laws of war, conspiracy, providing material support for terrorism, and spying.

A sentencing hearing, which is scheduled to begin on October 26, 2010, will still take place, and a lesser sentence could be imposed. During the hearing, prosecutors plan to put forward 10 sentencing witnesses and the defense four. A military jury of seven will listen to sentencing evidence and then decide upon a sentence, which will be imposed if it less than that reached by the plea agreement.

“The US government’s failure to taken into account Khadr’s age should not persist at his sentencing,” Becker said. “The US Supreme Court has repeatedly recognized that adolescents lack the experience, perspective, and judgment of adults and should be treated differently.”

Khadr, now 24, was prosecuted for the killing of US Army Sgt. 1st Class Christopher Speer. Speer was killed on July 27, 2002, after US forces entered a compound in Afghanistan where Khadr and others were located and a firefight ensued. Prosecutors alleged that during the firefight, Khadr threw the grenade that killed Speer and wounded others. Khadr was also seriously wounded in the firefight with two bullet wounds in his chest.

After Khadr was captured, he was taken to Bagram Air Base in Afghanistan. While there he was forced into painful stress positions, threatened with rape, hooded, and confronted with barking dogs. The government’s own witnesses confirmed some of this treatment when they testified that Khadr was interrogated while strapped down on a stretcher just 12 hours after sustaining his life-threatening injuries. They also testified he was threatened with rape if he did not cooperate.

In October 2002, Khadr was transferred to Guantanamo where the abuse continued. He told his lawyers that he was shackled in painful positions, told he would be sent to Egypt, Syria, or Jordan for torture, and used as a “human mop” after he urinated on the floor during one interrogation session.

He was deprived of all access to legal counsel until November 2004, more than two years after he was first detained. At some point during his interrogations, Khadr confessed to throwing the grenade that killed Speer, although up until today he had recanted that confession on the basis that it was coerced.

While child offenders may be prosecuted for war crimes, the US has failed throughout Khadr’s detention to afford him the protections provided to children under international law. Under the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict (Optional Protocol), which the United States ratified in 2002, the US is obligated to recognize the special situation of children who have been recruited or used in armed conflict.

The Optional Protocol requires the rehabilitation of former child soldiers within a state party’s jurisdiction, mandating that states provide “all appropriate assistance for their physical and psychological recovery and their social reintegration.” Under the Convention on the Rights of the Child, to which the US is a signatory, governments should ensure that the imprisonment of a child offender “shall be used only as a measure of last resort and for the shortest appropriate period of time.”

“The recruitment and use of child soldiers is regarded as a serious human rights abuse and international standards for dealing with former child soldiers emphasize rehabilitation, not punitive approaches,” Becker said.

Andrea Prasow, senior counterterrorism counsel at Human Rights Watch, is currently in Guantanamo Bay and will be monitoring the sentencing proceedings.

For more Human Rights Watch reporting on Guantanamo, please visit:
http://www.hrw.org/en/category/topic/counterterrorism

For more information, please contact:
In Guantanamo Bay, Andrea Prasow (English): prasowa@hrw.org; follow tweets at http://twitter.com/andreaprasow
In New York, Jo Becker (English): +1-212-216-1236; or +1-914-263-9643(mobile); or beckerj@hrw.org
In New York, Joanne Mariner (English): +1-212-216-1218; or +1-917-647-4588 (mobile); or marinej@hrw.org
In New York, Laura Pitter (English): +1-212- 216-1897; or +1-917-450-4361 (mobile); or pitterl@hrw.org