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Colombian Government Acknowledges its Role in Assassinations

By Cintia Garcia

Impunity Watch Reporter, South America

Bogota, Colombia—The president of Colombia, Juan Manuel Santos, acknowledged in a public statement on Thursday, the governments role in the assassination of leftist activists in the 1980s. The statement precedes the peace accord signing between the Revolutionary Armed Forces of Colombia (FARC) and the government.

President Santos confirms the involvement of the Colombian government in the killings of thousands. (Picture Courtesy of The Wire)

After the peace agreements of the 1980s between the government and the FARC, the FARC formed the Patriotic Union (UP) political party. The political party was very successful in the 1986 election. Right-wing paramilitary groups, with government backing, assassinated thousands of its members and leaders, including the president of the UP, Jaime Pardo. An estimated 5,000 people were killed. A moment in history the FARC continues pin point during the new peace accord.

President Santos stated, “the tragedy should never have happened, and we must recognize that the government didn’t take sufficient measures to impede and prevent the assassinations, attacks, and other violations even though there was evidence the persecution was taking place.” He spoke in front of 200 survivors and family members of the UP—some wore shirts saying “They can cut the flowers, but they can’t stop the birth of spring.”

Santos continued by stating, “I make the solemn commitment before you today to take all the necessary measures and to give all the guarantees to make sure that never again in Colombia will a political organization have to face what the UP suffered.” President Santos has promised the safety and the protection of the FARC through the process.

Similarly, the FARC on Monday released a statement apologizing for the various kidnappings they committed in order to sustain themselves as a group. The FARC kidnapped thousands for ransom, including members of the elite.

The conflict in Colombia will soon come to end after the peace accords are signed on the 26th of September. The people of Colombia will vote on October 2, deciding whether to accept the peace accords.

For more information, please see:

Colombian Reports—Santos Admits Colombia State Role in 1980s Killings of Leftist Politician—16 September 2016.

The Atlantic—Colombia’s Role in a Rebel Crackdown—16 September 2016.

The Wire—Colombia: President Santos Acknowledges Government’s Role in 1980’s Killings—16 September 2016.

VOA News—Colombian President acknowledges Government’s Role in 19080’s Killings—16 September 2016.

Poland to Consider Proposed Law Criminalizing Abortions

By Sarah Lafen

Impunity Watch Desk Reporter, Europe

WARSAW, Poland — Polish legislators have proposed a law which would criminalize abortions. If passed, the law would apply to both women seeking abortions as well as doctors and other medical staff who are involved in the performance of the procedures.  These parties would be subject to jail time between three months and five years for causing “the death of a conceived child.”  The proposed legislature was drawn up by a rightwing think-tank, with the support of the Catholic Church and the Law and Justice governing party.

Women in Kraków , Austria in April protested proposed anti-abortion legislation set to be considered in Poland (Photo Courtesy of The Guardian)

Current abortion laws in Poland permit abortion only in the cases of rape, when the fetus is diagnosed with a severe or irreversible disability or an incurable illness which is threatening its life, or if the woman’s life is in danger.  The new proposed law would permit abortions only when the mother’s life is in danger.

Protesters have staged demonstrations in opposition to this proposed legislation in cities across Europe.  Thousands of human rights activists gathered in Warsaw, Poland outside of the Polish parliament on Sunday, while another demonstration occurred outside of the Polish embassy in London, England.  Pro-abortion campaign called “Save Women” compiled approximately 215,000 signatures in opposition of the proposed legislature.  These protestors argue that if passed, this bill would encourage women to have “dangerous, back alley abortions.”

On the other side, the pro-life bill has collected approximately 450,000 signatures.  Mariusz Dzierżawski, head of Poland’s “Stop Abortion” committee, claims that 58% of Poles currently back the proposed legislature.  Dzierżawski says that the legislature is necessary because “about 1,000 unborn children are legally killed in Poland each year.”  In April, the Catholic Church voiced its support for the passing of the proposed legislature.  Polish bishops want the bill passed in order to “protect every person’s life from conception to natural death.”

Official studies estimate that less than 1,000 legal abortions are performed each year in Poland as it is – as doctors are scared of suffering the repercussions of performing the procedure.  However, other independent research groups have estimated that 80,000-190,000 women undergo the procedure annually in Poland, whether through the “back alley” methods, or by traveling abroad.

Polish legislators are set to consider the bill on Wednesday.

 

For more information, please see:

Life News — Poland Proposes New Law Banning All Abortions and Protecting Unborn Children — 19 September 2016

New Europe — Poland Tables New Bill to Criminalize Abortion — 19 September 2016

The Guardian — Thousands Protest Against Proposed Stricter Abortion Law in Poland — 18 September 2016

Motto — This Polish Law Would Imprison Women Who Have Abortions — 16 September 2016

Syria Justice and Accountability Centre: Justice for Victims and the War on Terror

SJAC Update | Sept 7, 2016
Camp Delta, Guantanamo Bay detention camp. Photo from Wikipedia

Justice for Victims and the War on Terror
Since September 11, 2001, terrorism and the resulting War on Terror has dominated the headlines and preoccupied global national security efforts. Nowhere has the effects of terrorism been felt more acutely than in the Middle East, and the response from governments in the region has often been erratic and heavy handed. Iraq is a case in point. On August 21, the Iraqi government executed 36 men following a conviction last year by Iraq’s central criminal court in Baghdad. The men were hanged for their involvement in a 2014 mass killing of around 1700 people claimed by the Islamic State of Iraq and al-Sham (ISIS).

Many human rights groups criticized the trial and subsequent hangings because the defendants did not have access to their lawyers and the evidence against them primarily relied on confessions made under duress and the accusations of secret informants. Because the executions took place in the wake of international criticism that Iraq has been too soft on ISIS, the trial’s brevity and lack of due process made the executions seem more akin to vengeance killings than justice. It was also a missed opportunity to thoroughly air the grievances of Iraqi victims who have suffered immensely as a result of ISIS’s atrocities.

Even in Western democracies, individuals suspected of ties with terrorism are held and tried secretly under obscure national security laws. As we approach the fifteenth anniversary of 9/11, Khalid Sheikh Mohammed, the alleged mastermind behind the attacks, and his co-defendants are still awaiting trial by a military commission in Guantanamo Bay. Not only does this delay undermine the accused’s right to a speedy trial, but the victims of 9/11 and their families have grown frustrated at the lack of a judicial resolution. Both the US Congress and the Department of Defense fought to keep the trials out of civilian courts by claiming security concerns, but in civilian courts, basic human rights standards would have been upheld, the defendants would have been convicted years ago, and victims would have gotten much needed closure.
READ MORE
The Syria Justice and Accountability Centre (SJAC) is a Syrian-led and multilaterally supported nonprofit that envisions a Syria where people live in a state defined by justice, respect for human rights, and rule of law. SJAC collects, analyzes, and preserves human rights law violations by all parties in the conflict — creating a central repository to strengthen accountability and support transitional justice and peace-building efforts. SJAC also conducts research to better understand Syrian opinions and perspectives, provides expertise and resources, conducts awareness-raising activities, and contributes to the development of locally appropriate transitional justice and accountability mechanisms. Contact us at info@syriaaccountability.org.

PILPG: War Crimes Prosecution Watch Volume 11, Issue 13 – September 5, 2016

Case School of Law Logo

FREDERICK K. COX
INTERNATIONAL LAW CENTER

Founder/Advisor
Michael P. Scharf

 War Crimes Prosecution Watch

Volume 11 – Issue 13
September 5, 2016

 PILPG Logo

Editor-in-Chief
Kevin J. Vogel

Technical Editor-in-Chief
Jeradon Z. Mura

Managing Editors
Dustin Narcisse
Victoria Sarant

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. To subscribe, please email warcrimeswatch@pilpg.org and type “subscribe” in the subject line.

Opinions expressed in the articles herein represent the views of their authors and are not necessarily those of the War Crimes Prosecution Watch staff, the Case Western Reserve University School of Law or Public International Law & Policy Group.

Contents

AFRICA

CENTRAL AFRICA

Central African Republic

Sudan & South Sudan

Democratic Republic of the Congo

WEST AFRICA

Lake Chad Region — Chad, Nigeria, Niger, and Cameroon

Mali

EAST AFRICA

Uganda

Kenya

Rwanda (International Criminal Tribunal for Rwanda)

NORTH AFRICA

Libya

EUROPE

Court of Bosnia & Herzegovina, War Crimes Chamber

International Criminal Tribunal for the Former Yugoslavia

Domestic Prosecutions In The Former Yugoslavia

MIDDLE EAST AND ASIA

Extraordinary Chambers in the Courts of Cambodia

Iraq

Syria

Special Tribunal for Lebanon

Bangladesh International Crimes Tribunal

War Crimes Investigations in Burma

AMERICAS

North & Central America

South America

TOPICS

Truth and Reconciliation Commission

Terrorism

Piracy

Gender-Based Violence

Commentary and Perspectives

WORTH READING

Justice for Sergei Magnitsky: UK Judge Sentences ex Russian Police Officer in Magnitsky Case to 3 Months in Prison for Contempt of Court

5 September 2016 – A UK High Court Judge, the Honourable Mr Justice Phillips has sentenced ex Russian police officer Pavel Karpov to three months in prison for contempt of court.

 

The British court found Pavel Karpov, a 39-year old ex Russian Interior Ministry officer, in contempt of court for failing to appear before the court to answer questions and provide information about his assets in a £660,000 ($877,800) judgment against him for costs ordered by the court in his failed libel action against Hermitage Capital Management, Bill Browder and Jamison Firestone in relation to the Magnitsky case.

 

Justice Phillips concluded Karpov “has been guilty of contempt of court by disobeying the order of Master Eastman” and Karpov should be “committed to Her Majesty’s Prison for a period of 3 months.”

 

“Pavel Karpov was one of the main figures in the fraud that Sergei Magnitsky uncovered. We are committed to continue seeking justice through all legal means,” said William Browder, CEO of Hermitage Capital Management and leader of the global Magnitsky justice movement.

 

The UK contempt of court case against Pavel Karpov stems from Karpov’s non-payment of costs of a UK libel action that Karpov himself had initiated four years ago in the UK High Court.

 

Pavel Karpov’s 2012 UK libel suit was a landmark case of foreign libel tourism. One year after it was filed, in October 2013, the UK High Court threw it out as abuse of court process and/or jurisdiction. The UK High Court ordered Pavel Karpov to pay Hermitage Capital Management over £850,000 ($1,130,500) in costs for the libel proceedings. Over £660,000 ($877,800) of that amount remains unpaid by Pavel Karpov.

 

In July 2016, Hermitage Capital Management sought the court’s assistance to recover the debt from Pavel Karpov. Karpov failed to appear in court and, after several notices, the court found him in contempt.

 

The Honourable Mr Justice Phillips suspended the Committal Order to the 1st December 2016. If Karpov fails to appear before the Court on 1 December 2016 then an arrest warrant will be issued for him .

 

Former Russian police officer Pavel Karpov had an annual salary of less than £10,000, yet was able to hire a top UK law firm, Olswang, to represent him in his  failed libel action.

 

On 12 April 2013, the US Treasury added Pavel Karpov to the financial sanctions list under the Sergei Magnitsky Rule of Law Accountability Act of 2012 for his role in the Magnitsky case.

 

On 2 April 2014, the European Parliament included Pavel Karpov on its list of individuals to be sanctioned based on their role in the Magnitsky case.

 

Sergei Magnitsky was Hermitage’s lawyer who uncovered the US$230 million fraud and testified about the complicity of Russian officials in it. He was falsely arrested, detained for 358 days without trial, tortured and killed in Russian police custody at the age of 37.

 

The events of this case emblematic of corruption and human rights abuse in Putin’s Russia are described in theNew-York Times best-seller “Red Notice” by William Browder and in a series of campaign videos on Youtube channel “Russian Untouchables.”

 

For more information, please contact:

 

Justice for Sergei Magnitsky

+44 207 440 1777

e-mail: info@lawandorderinrussia.org

www.lawandorderinrussia.org

www.billbrowder.com

twitter.com/Billbrowder