Special Features

War Crimes Prosecution Watch: Breaking News – ICC First Verdict

PILPG Press Release
Originally sent 3/14/12

War Crimes Prosecution Watch is prepared by the International Justice Practice of the Public International Law & Policy Group and the Frederick K. Cox International Law Center of Case Western Reserve University School of Law.

 

Thomas Lubanga guilty of conscripting and enlisting children under the age of 15 and using them to participate in hostilities

Press Release: International Criminal Court

March 14, 2011

 

Today, 14 March 2012, Trial Chamber I of the International Criminal Court (ICC) decided unanimously that Thomas Lubanga Dyilo is guilty, as a co-perpetrator, of the war crimes of conscripting and enlisting children under the age of 15 and using them to participate actively in hostilities from 1 September 2002 to 13 August 2003. It is the first verdict issued by an ICC Trial Chamber. At present, 14 other cases are before the Court, three of which are at the stage of trial.

 

The present war crimes of enlisting and conscripting children under the age of 15 and using them to participate actively in hostilities were committed in the context of an internal armed conflict that took place in the Ituri (the Democratic Republic of the Congo) and involved the Force patriotique pour la libération du Congo (Patriotic Force for the Liberation of the Congo) (FPLC), led by Thomas Lubanga Dyilo, against the Armée Populaire Congolaise and other militias, including the Force de résistance patriotique en Ituri. A common plan was agreed by Mr Lubanga Dyilo and his co-perpetrators to build an army for the purpose of establishing and maintaining political and military control over Ituri. This resulted in boys and girls under the age of 15 being conscripted and enlisted, and used to participate actively in hostilities.

 

Mr Lubanga Dyilo was the President of the Union des patriotes congolais(Union of Congolese Patriots) (UPC), the Commander-in-Chief of its military wing, the FPLC, and its political leader. He exercised an overall coordinating role regarding the activities of the UPC/FPLC and he actively supported recruitment initiatives, for instance by giving speeches to the local population and the recruits. Furthermore, he personally used children below the age of 15 amongst his bodyguards and he regularly saw guards of other UPC/FPLC staff members who were below the age of 15. The Chamber, comprising Judge Adrian Fulford (presiding judge), Judge Elizabeth Odio Benito and Judge René Blattmann, found that the evidence presented by the Prosecutor establishes beyond reasonable doubt that Mr Lubanga Dyilo’s contribution was essential to the common plan.

 

At the request of Mr Lubanga Dyilo, and in accordance with article 76(2) of the Rome Statute, the Chamber will hold a separate sentencing hearing. The Chamber will, furthermore, establish the principles that are to be applied to reparations for victims. The defence is entitled to appeal the conviction within 30 days of receiving the French translation of the Judgment.

 

Background information

 

Thomas Lubanga Dyilo, a national of the Democratic Republic of the Congo, was transferred to The Hague on 17 March 2006, pursuant to a warrant of arrest issued by Pre-Trial Chamber I. His trial, the first at the ICC, started on 26 January 2009 and the closing statements were presented by the parties and participants on 25 and 26 August 2011.

 

Over the course of 204 days of hearings, the Trial Chamber has delivered 275 written decisions and orders and 347 oral decisions. The Chamber heard 36 witnesses, including 3 experts, called by the Office of the Prosecutor, 24 witnesses called by the defence and 3 witnesses called by the legal representatives of the victims participating in the proceedings. The Chamber also called 4 experts. A total of 129 victims, represented by two teams of legal representatives and the Office of Public Counsel for Victims, were granted the right to participate in the trial. They have been authorised to present submissions and to examine witnesses on specific issues. The Prosecution submitted 368 items of evidence, the Defence 992, and the legal representatives of victims 13.

 

The ICC is the first permanent, treaty-based, international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community, namely war crimes, crimes against humanity, genocide and the crime of aggression. At present, 15 cases have been brought before the Court in the context of 7 situations that are currently under investigation: Uganda, the Democratic Republic of the Congo, the Central African Republic, Darfur (Sudan), Kenya, Libya and Côte d’Ivoire. The ICC Judges have issued 20 warrants of arrest (2 withdrawn following the death of the suspects) and 9 summonses to appear. Currently, five individuals are in the ICC custody and 11 suspects remain at large.

 

Editor’s Note: The verdict of the Court released this morning is available in English as a PDF here: http://www.icc-cpi.int/iccdocs/doc/doc1379838.pdf

 

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War Crimes Prosecution Watch is a bi-weekly e-newsletter that compiles official documents and articles from major news sources detailing and analyzing salient issues pertaining to the investigation and prosecution of war crimes throughout the world. For more information about War Crimes Prosecution Watch, please contact warcrimeswatch@pilpg.org.

Swedish Parliament Calls On The Swedish Prime Minister To Impose EU-Wide Visa Sanctions On The Magnitsky Killers

Press Release
Originally sent by Hermitage Capital 3/12/12

59 Swedish members of the Parliament from seven of the eight political parties signed a parliamentary petition to Swedish Prime Minister, Fredrik Reinfeldt, calling on him to impose EU-wide visa sanctions on Russian officials in the Magnitsky case. The parliamentarians stress it is a matter of international importance given Russia’s membership in the Council of Europe and WTO.

In the parliamentary petition, Swedish MPs said:

“Law and justice in Russia – and lastly justice for Sergei Magnitsky – is a question that concerns the entire circle of member states in the Council of Europe and the WTO, of which Russia is a member. The outcome of this case will establish the country’s standing as a state governed by law.”

Swedish lawmakers urged the Swedish government to work at the EU level “for the purpose of coming to an agreement among the EU’s member states on the subject of sanctions against the offenders.”

The petition was initiated by Mats Johansson, from the ruling Moderates party, along with Olle Thorell, a foreign affairs spokesperson from Social Democrats party, and Kerstin Lundgren,  from the Centre Party.

“As members of the Human Rights Group of the Swedish Parliament we often deal with cases like this. But if Russia wants to be a member of the Council of Europe, it cannot act like any other totalitarian state but must respect the rules of the club. Impunity for the perpetrators in the Magnitsky case is not in line with these rules,” says Mats Johansson, who is also a standing Rapporteur on media freedom of the Parliamentary Assembly of the Council of Europe.

The Swedish parliamentary action is a result of the impunity of Russian officials who falsely arrested, tortured and killed 37-year old Sergei Magnitsky. These officials have since opened a posthumous proceeding against him, an unprecedented act in Russian legal history.

The petition to the Swedish Prime Minister pointed out the absurdity of the posthumous prosecution by saying:

“He (Sergey Magnitsky) was murdered in prison because of his defense of the law and justice in the proceeding against officials who had stolen companies owned by the foreign investment company Hermitage. No one responsible has been punished so far. Quite the opposite – the Russian government has recently taken the unusual step of prosecuting Magnitsky posthumously, a practice that hasn’t been followed in 500 years.”

The Swedish initiative follows a number of actions by parliamentarians in Europe.

Coskun Coruz, Human Rights Rapporteur for the OSCE’s Parliamentary Assembly, said last week that “Russia’s lawlessness in this case is absolutely not fitting into OSCE’s values” and vowed to do everything in his power so that Russian authorities prosecute Magnitsky’s killers.

On October 4, 2011, Parliamentary Assembly delegates from 29 countries of the Council of Europe signed the Magnitsky Declaration (http://assembly.coe.int/Mainf.asp?link=/Documents/WorkingDocs/Doc11/EDOC12744.htm), calling upon the Russian government to cease the posthumous prosecution of Mr Magnitsky and the intimidation of his family and to allow the family to carry out an independent medical evaluation, which Russian authorities continue to refuse.

On 28 February 2012, the European Parliament’s Delegation to EU-Russia Parliamentary Cooperation Committee urged EU member countries “to start immediately procedures to enact measures such as an EU-wide travel ban and a freeze on the financial assets of those believed to be guilty of the torture and death of Sergei Magnitsky as well as of those covering up the case.”

On 7 March 2012, a motion was unanimously passed in the British House of Commons calling for visa and economic sanctions on Russian officials involved in the original crimes uncovered by Mr Magnitsky and the cover-up since his death.

For further information please contact:

Hermitage Capital

Phone:             +44 207 440 17 77
E-mail:             info@lawandorderinrussia.org
Website:          http://lawandorderinrussia.org

Facebook:        http://on.fb.me/hvIuVI
Twitter:           @KatieFisher__
Livejournal:     http://hermitagecap.livejournal.com/

Mats Johansson, MP:
http://assembly.coe.int/ASP/AssemblyList/AL_MemberDetails.asp?MemberID=6647

Olle Thorell, MP: http://www.riksdagen.se/sv/Start/Sok/?sok=olle+thorell&rm=&typ=&titel=&bet=&tempbet=&datum=&tom=&nr=&org=&iid=&parti=&katid=&sort=rel&a=

Kerstin Lundgren, MP:
http://assembly.coe.int/ASP/AssemblyList/ALMemberDetails.asp?MemberID=5859

See Swedish Parliamentary Petition on Sergei Magnitsky case
http://russian-untouchables.com/rus/docs/D398.pdf

Hermitage Capital Issues Response To The Russian Ambassador’s Letter To The Speaker Of House Of Commons

Press Release
Originally sent by Hermitage Capital 3/9/12

Following the March 7th debate in the House of Commons which unanimously approved sanctions on the Russian officials in the Magnitsky case, the Russian Ambassador to the UK, Alexander Yakovenko, posted a letter on the official Russian embassy website (http://www.rusemb.org.uk/press/650). In his letter addressed to John Bercow, Speaker of the House of Commons, the Russian Ambassador argued against the sanctions and said that because the officials were not convicted in a Russian court, visa sanctions and asset freezes would be “extrajudicial punishment.”

Today, Hermitage Capital responded to the Ambassador’s letter.

“It is remarkable that the Russian Ambassador is fighting for the travel privileges of corrupt officials who stole $230 million from the Russian state and killed the man who exposed the theft,” said a Hermitage Capital spokesperson.

“It is now clear that the cover-up and protection of the 60 officials who killed Sergei Magnitsky has become a national policy. When foreign ambassadors get involved, this is no longer the case of rogue officers acting on their own initiative. It is a clear directive of the Russian state.”

The Ambassador does not mention in his letter that: 58 out of 60 Russian officials involved in the Magnitsky case have been exonerated; the investigation into corruption that Magnitsky uncovered has been closed; Magnitsky’s family has been denied access to his medical records for an independent medical examination, and that the same officers who arrested Magnitsky are now organizing the first ever posthumous trial in Russian history against him.

“The Ambassador argues that only the Russian judicial system can decide the guilt of the officers. The judicial system he is arguing should be relied upon is the same judicial system that refused Sergei Magnitsky’s desperate requests for medical attention, refused his requests for visits with his children and family, and excluded all exculpatory evidence which would have allowed Sergei Magnitsky to be freed before he died,” said a Hermitage Capital spokesperson.

“Visas are a privilege, not a right. They should not be available to the torturers and murderers,” said a Hermitage Capital spokesperson.  

For further information please contact:

Hermitage Capital

Phone:             +44 207 440 17 77
E-mail:             info@lawandorderinrussia.org
Website:          http://lawandorderinrussia.org

Facebook:        http://on.fb.me/hvIuVI
Twitter:           @KatieFisher__
Livejournal:     http://hermitagecap.livejournal.com/

European Lawmakers Unanimously Call for Immediate Visa and Economic Sanctions on Russian Officials in Magnitsky Case

Press Release
Originally sent by Hermitage Capital 2/29/12

Yesterday, the European Parliament delegation in the EU-Russia Parliamentary Cooperation Committee held an extraordinary meeting on the case of Sergei Magnitsky which resulted in the adoption of a statement calling for immediate EU travel bans and asset freezes on the Russian officials responsible for the false arrest, torture and death of Sergei Magnitsky. The Sergei Magnitsky Statement was adopted unanimously (with one abstention).

 

The statement of the European Parliament Delegation to the EU-Russia Parliamentary Cooperation Committee said:

 

“Urges the EU Member States to start immediately procedures to enact measures such as a EU-wide travel ban and a freeze on the financial assets of those believed to be guilty of the torture and death of Sergei Magnitsky as well as of covering up the case.”

The Statement notes “the failure to punish those guilty of his death” in Russia.

 

The Statement pays tribute to Sergei Magnitsky, recognizing him as “one among many people who have been fighting for freedom, democracy and the rule of law in Russia and who died while pursuing this endeavour.”

 

Members of the European Delegation have instructed its Chair, Knut Fleckenstein, who abstained during the vote, to forward the resolution to the President of the European Parliament, the Foreign Affairs Committee of the European Parliament and Russian delegates in the EU-Russia Parliamentary Cooperation Committee.

For further information please contact:

 

Hermitage Capital

 

Phone:              +44 207 440 17 77

E-mail: info@lawandorderinrussia.org

Website:           http://lawandorderinrussia.org

 

Facebook:        http://on.fb.me/hvIuVI

Twitter:             @KatieFisher__

Livejournal:       http://hermitagecap.livejournal.com/

 

Official Site of the European Parliament Delegation to the EU-Russia Parliamentary Cooperation Committee http://www.europarl.europa.eu/delegations/en/d-ru/home.html

 

Notice of Extraordinary Meeting

http://www.europarl.europa.eu/delegations/en/d-ru/meetings-search.html;jsessionid=26B6CFD684CD676C23F90952DE90D296.node2