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The Inter-American Commission on Human Rights Rejects Assange Complaint Against Ecuador

By: Justin Furry

Special Feature Reporter

Last month, the Inter-American Commission on Human Rights rejected the request for precautionary measures requested by the founder of WikiLeaks, Julian Assange against Ecuador. Assange has been taking refuge in Ecuador’s London embassy since 2012 to avoided being extradited to Sweden, where authorities were seeking to question him as part of a sexual assault investigation. Although that investigation was later dropped, Assange fears he could be extradited to and face charges in the United States, where WikiLeaks is currently being investigated by federal prosecutors.

WikiLeaks founder Julian Assange. Photo Courtesy of AP Photo.

Assange’s complaint against Ecuador arises out of new set of rules imposed by Ecuador. In October 2018, Ecuador forced Assange to comply with a new “cohabitation protocol.” These new rules forced Assange to take responsibility for his maintenance, health, food, cleaning and laundry expenses, as well putting restrictions on who could visit him and when. The Ecuadorian government has said that if Assange fails to comply with the new rules, then it would lead to a potential withdrawal of Assange from asylum.

Assange says Ecuador is seeking to end his asylum and is putting pressure on him by isolating him from visitors and spying on him. A friend who regularly visits Assange says he complains privately that the Ecuadorian government recently removed embassy diplomats who were sympathetic to Assange and replaced them with officials who are much less friendly towards him. Assange’s lawyers have also cited media reports suggesting Ecuador’s president Lenin Moreno had tried to reach an agreement with the United States on handing over Assange to the United States government in exchange for debt relief.

Assange’s complaint to the Inter-American Commission on Human Rights argued the existence of a “potential risk” to his situation in the embassy for the conditions that regulate his asylum granted in 2012. Assange also demanded that he be protected from extradition to the United States. In November 2018, United States federal prosecutors mistakenly made public a document which suggested that Assange had been secretly indicted by the United States. United States Officials have denied that Assange has been charged and his name mistakenly appeared in the document in an apparent “cut and paste error.”

The Inter-American Commission on Human Rights announced its decision to reject Assange’s complaint through a statement issued by the United State’s Attorney General’s Office. The Attorney General’s Office stated “(t)he decision was based on the fact that the request filed by Assange did not comply with the requirements of gravity, urgency and irreparable harm provided for in Article 25 of the Rules of Procedure of the IACHR.” Although the Commission rejected Assange’s complaint against Ecuador, they did remind Ecuador of an international law which states “that no state should deport, return or extradite someone to another country where that person might face human rights abuses.”

With his complaint against Ecuador being rejected, it seems like only option for Assange is to comply with the new rules imposed by Ecuador or possibly face a withdrawal of his asylum.

For further information, please see:

Reuters – Human rights agency rejects Assange complaint against Ecuador – 14 March 2019

Telesur – IACHR Denies Precautionary Measures Requested by Assange – 13 March 2019

Telesur – IACHR Requests Information on Assange’s Condition – 1 February 2019

Sputnik International – OAS Requests Info on Assange’s Conditions in Ecuadorian Embassy in UK – 1 February 2019

U.S. Continues to Denounce Relations with the United Nations

By: Brianna Ferrante
Impunity Watch Reporter, North American Desk

The State department has ceased communications on all new and outstanding inquiries from special rapporteurs at the United Nations’ Human Rights Council.

Human Rights Council meeting. Photo Courtesy of The United Nations.
Special rapporteurs are a network of independent experts appointed by the Human Rights Council of the United Nations. The specialized division is tasked with acting as global monitors of human rights and war crimes around the world.
The most pertinent challenge facing the group is non-compliance with its investigatory processes by governments.  In addition,  persistent lack of resources coupled with weak measures that have little to no viable implementation methods further frustrate the the group’s objective. With a multitude of variables beyond its control, the special rapporteurs operation in this capacity is highly dependent on the influence of nations that demonstrate cooperation.
The United States has not responded to any UN requests for compliance on investigations into potential human rights abuses since May 7, 2018. There are currently 13 outstanding, unanswered investigation requests. The majority of these investigations are in relation to migrants at southern border.
The final May 7th correspondence occurred about a month and a half before Trump Administration formally announced it had withdrew from the United Nations Human Rights Council.
A January 14th report from the Human Rights Watch as part of its annual review contained its most recent “List of Issues” regarding the United States. The report was primarily focused on the country’s mass incarceration and disproportionate sentencing, along with proposed recommendations and additional past recommendations that had been on the same issue.
The continual denial of cooperation places the US among the likes of nations such as North Korea, who has traditionally denied any cooperation with UN investigations into its conduct.
According to a 2010 study by the Brookings Institute, America’s place in the global system yields immense influence over other nations, which makes its public non-compliance with the UN’s human rights efforts particularly problematic. While the nation serves as a catalyst for advancing human rights when its administration is readily and willing to comply with the council’s inquiries, continual refusal to do say establishes a precedent that could result in other nation’s following suit.
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Venezuela Announces Migration Force to Stem Border Crossings

By: Zoe Whitehouse
Impunity Watch Reporter, South America

CARACAS, Venezuela — In a televised address this past Friday, Venezuela announced plans to implement a police force to strengthen its border security. According to Vice President Delcy Rodriguez, this Migration Force will help monitor and control the thousands of citizens fleeing Venezuela.

Since 2015, millions of Venezuelans have left amid economic turmoil and political instability. Shortages of consumer goods, increasing inflation, and a drastic drop in international oil prices has generated economic insecurity for a once prosperous nation.

Colombian aid agency assisting migrant children. Photo Courtesy of Luisa Gonzalez.

In early 2014, protestors lead anti-government demonstrations to combat the economic crisis, which lead to repressive tactics by the government of President Nicolás Maduro. Venezuela’s draconian response has garnered international attention by organizations such as Amnesty International and Human Rights Watch.

On September 26, 2018, six countries, including neighboring Colombia, filed a petition with the International Criminal Court (ICC) for human rights violations in Venezuela. Days later, France joined the petition. The ICC petition alleges President Maduro’s government committed generalized and systematic attacks, known as the Zamora Plan, against civilians from 2014 to 2015 for subversive activity.

Generalized attacks included arbitrary detentions, murders, extrajudicial executions, torture, sexual abuse and rape. Reports indicate the government’s systematic attacks comprised of arresting young men between the ages of fifteen and thirty without due process protection. Anyone who resisted arrest faced automatic execution by the government. In the petition, a UN panel of experts have verified that Venezuela’s repressive tactics constituted crimes against humanity.

Venezuelan refugees in Northern Colombia. Photo Courtesy of Greg Kahn of National Geographic.

Many have equivocated the mass exodus of Venezuelans to neighboring countries such as Brazil, Columbia, and Peru, with the Mediterranean refugee crisis. In the past fifteen months alone, over one million Venezuelans have relocated to Colombia. To assist with the Venezuelan refugee crisis, the United Nations High Commissioner for Refugees has partnered with agencies and government institutions in Bogota to provide food kitchens, temporary shelters, and medical care.

In light of the growing humanitarian crisis, the Venezuelan government believes its new Migration Force will help determine that the “truth will come out and not the imperial lies that Washington wants to be sold to the world.” By monitoring the 72 official entry and exit points, as well as strengthening border control at ports, airports, and border crossings, this Migration Force will deter illegal crossings with neighboring Colombia.

Since the televised announcement this past Friday, Vice President Delcy Rodriguez has not provided any further details regarding the new border security force.

For further information, please see:

Al Jazeera — Venezuela forms Migration Force as thousands continue fleeing — 6 Oct. 2018

Americas Society/Council of the Americas — Explainer: The Case against Venezuela in the ICC — 4 Oct. 2018

International Criminal Court — International Petition — 26 Sept. 2018

Reuters — Venezuela creates migration police, new passport payment system — 5 Oct. 2018

ICC Launches Preliminary Investigation on Deportation of Rohingya from Myanmar to Bangladesh

By: Charlotte Volpe
Impunity Watch Reporter, Asia

THE HAUGE, Netherlands – The International Criminal Court stated that they will begin a preliminary investigation on the forced displacement of more than 700,000 Rohingya Muslims from Myanmar to Bangladesh. Led by ICC prosecutor Fatou Bensouda, the preliminary inquiry will examine evidence of the atrocities that the Myanmar military has committed against Rohingya Muslims in the Rakhine state of Myanmar since 2017. The military’s alleged atrocities include mass rape, murder, destruction of Rohingya villages, and deportation. These crimes have gone unacknowledged and unpunished by Myanmar’s national government.

Rohingya refugees in borderland between Myanmar and Bangladesh. Photo courtesy of Adam Dean.

Though Myanmar is not a member state of the ICC, Bensouda argues that the Court holds jurisdiction over the conflict because the Rohingya have fled to neighboring Bangladesh, which is a member of the Court. Thus, the crime of forced displacement has continued into Bangladesh, providing a means for the ICC to exert its authority over this aspect of the conflict in a member state. This move is an attempt to insert international oversight over a genocide that has been occurring with impunity in Myanmar. The international community continues to have limited ability to investigate Myanmar army’s crimes against the Rohingya in Rakhine because Myanmar has refused international humanitarian organizations entry to that particular region.

A preliminary investigation is not a formal investigation, however. It is the ICC’s means to determine whether there is sufficient reason implicating an aggressor party for crimes against humanity, thus validating a full investigation to proceed. If the Court finds enough evidence demonstrating the Myanmar military’s violation of human rights against the Rohingya, it can launch a full-fledged investigation. However, to do so it will require that the UN Security Council refer the case in Myanmar to the ICC’s jurisdiction. The divisive nature of the Council, as well as Russia and China’s economic and geopolitical interests in Myanmar, make a Security Council referral an unlikely feat.

Nonetheless, the ICC’s preliminary investigation is a first step towards circumventing Myanmar’s refusal to hold their own army accountable for ethnic genocide. This preliminary examination has the potential to demonstrate that the international community will exert the authority it can in seeking justice for the atrocities experienced by the Rohingya, the “world’s most persecuted minority.” The extent to which the ICC can exact justice, however, is yet to be determined.

For further information, please see: 

The Straits Times – International Criminal Court opens preliminary probe into Myanmar crimes against Rohingya – 19 September 2018

International Criminal Court – Statement of ICC Prosecutor, Mrs Fatou Bensouda, on opening a Preliminary Examination concerning the alleged deportation of the Rohingya people from Myanmar to Bangladesh – 18 September 2018

DW – Rohingya genocide: Will Myanmar generals face ICC justice? – 11 September 2018

The New York Times – International Criminal Court Opens Door to a Rohingya Inquiry – 6 September 2018

Murder of Human Rights Lawyer Sparks Protests in Kiev

By Jenilyn Brhel
Impunity Watch Reporter, Europe

KIEV, Ukraine – A well-known human rights lawyer and activist was murdered just days after helping to block an influential Ukrainian judge’s nephew from being released from jail.

A Photo of Iryna Nozdrovska Adorns her Coffin. Photo Courtesy of Efrem Lukatsky.

Iryna Nozdrovska’s body was discovered in a river by a passerby in Ukraine’s capital city of Kiev on January 1st. She had been stabbed multiple times.

Nozdrovska rose to fame in Ukraine for her role in preventing the release of the driver who ran down her sister while under the influence of drugs and alcohol in 2015.

Dmytro Rossoshansky was sentenced to seven years in jail this past May for the death of Svitlana Sapatanyska, Nozdrovska’s sister. Rossoshansky ran down Svitlana while she walked to work. He was found to be under the influence of drugs and alcohol.

Rossoshansky had served just eight months of his sentence before applying for amnesty. Nozdrovska spearheaded a public campaign to bring awareness to the case and help prevent Rossoshansky from being released. His application was denied in December.

Nozdroska received several death threats before and after the original trial as well as during the hearing on appeal this past December. Rossoshansky’s father told Nozdrovska at the appeal “this will end badly for you.” Nozdrovska was steadfast in her efforts despite these threats, and said of the case, “I will win…if it costs me my life.”

A rally outside the police headquarters drew hundreds of supporters on January 2 in Kiev in response to Nozdrovska’s murder. The protesters called for an investigation into her death.

Nozdrovska’s murder comes at a time when calls for reform in the criminal system have risen. A staggeringly low 0.5 percent of Ukrainians said that they trusted Ukrainian judges in a survey conducted in 2016.

Mykhailo Zhernakov, a former judge and the current director of a judicial reform group, Dejure, said, “It’s almost a cliché case, where a relative of a judge avoids punishment and the person who tries to fight this injustice is herself punished in the most horrible way.”

Corruption is deeply rooted in Ukraine’s court-system. Nozdrovska’s struggle for justice and ultimate victory for her sister became a symbol in Ukraine for the fight against corruption.

The governments’ response to the murder is “a test of our society’s ability to protect female activists and to ensure justice as a whole,” the Ukrainian foreign minister, Pavlo Klimkin said.

Despite her mother’s murder, her daughter, Anastasia Nozdrovska, is studying law at university in Kiev. “She always fought injustice in this country. She wanted me to be a fighter, too,” Nozdrovksa said.

For more information, please see:

BBC News – Ukraine Murder Probe Over Lawyer Nozrovska’s Death – 2 January 2018

The Guardian – Killing of Lawyer Sparks Protests Against ‘Criminal System’ – 4 January 2018

The New York Times – In Ukraine, a Successful Fight for Justice, Then a Murder – 9 January 2018

NY Daily News – Funeral Held for Lawyer Found Stabbed in River – 9 January 2018

Irish Times – Ukraine Claims it has Caught Killer of Campaigning Lawyer – 9 January 2018