Uncategorized

Interpol has Re-opened the Browder Red Notice Case on the Back of Magnitsky’s Posthumous Trial

 

PRESS RELEASE

FOR IMMEDIATE DISTRIBUTION

 

 

3 July 2014 – Documents recently received from Interpol show that the Russian government has successfully convinced Interpol’s Commission for Control of Files to re-open their consideration to issue an Interpol Red Notice for Bill Browder, by submitting Mr Browder’s conviction in absentia in Russia, where he was a co-defendant with the deceased Sergei Magnitsky in the first ever posthumous trial in Russian history.

 

Two previous Russian attempts to get a Red Notice issued for Mr Browder failed because Interpol deemed those attempts were politically motivated and violated Interpol’s constitution. Shortly after Interpol’s first rejection of Russia’s request for Browder, Interpol’s General Secretary wrote an editorial for the Daily Telegraph newspaper, citing Mr Browder’s case as the example for why reforms are not needed at Interpol (http://www.telegraph.co.uk/news/uknews/law-and-order/10082582/Interpol-makes-the-world-a-safer-place.html).

 

Strangely, Interpol has now decided to reopen the case based on the Magnitsky posthumous trial. Interpol’s Commission for the Control of Interpol’s Files said that it plans to re-examine the Russian submission in relation to Mr Browder at its next session in October 2014.

 

“It would be a true signal of the need for reform of Interpol if a Red Notice were issued on the basis of the first posthumous trial in Europe since Pope Formosus in 897,” said a Hermitage Capital representative.

 

In July 2013, Sergei Magnitsky was convicted of tax evasion three years after he was murdered in Russian state custody, in the first ever posthumous trial in Russian history. Bill Browder was convicted as his co-defendant in the second ever trial in absentia against a Westerner. The trial was deemed to be politically motivated and illegitimate by the Council of Europe, the European Parliament and numerous international human rights organisations.

 

The convictions have since been upheld by the Moscow City court in January this year, in the absence of lawyers for Mr Browder and Mr Magnitsky. Instead, they were represented by unknown lawyers appointed by the Russian government.

 

In addition to presenting Interpol with the convictions from that trial as “new evidence,” the Russian authorities presented a “fresh” arrest warrant for Mr Browder, issued in March this year on the basis of the posthumous trial. The arrest warrant was signed by Moscow judge Elena Stashina, who is sanctioned by the U.S. Government for her role in the false detention of Sergei Magnitsky. Four days before Sergei Magnitsky was murdered in police custody, Judge Stashina prolonged his detention and denied Magnitsky’s medical care requests.

 

Judge Igor Alisov, who issued the posthumous conviction, was also placed on the U.S. Government’s sanctions list under the ‘U.S. Sergei Magnitsky Rule of Law Accountability Act,’ for his role in concealing the liability of officials involved in Sergei Magnitsky’s death.

 

The documents used in the posthumous trial were fabricated by Russian Interior Ministry officers, including officers Artem Kuznetsov and Oleg Silchenko, also involved in Sergei Magnitsky’s false arrest and detention, and who are also sanctioned by the U.S. Government, which prohibits U.S. persons from any dealings with them.

 

Syria Justice and Accountability Center: Child Soldiers and Child Scholars: Syria’s Next Generation

WHR

“I lost my studies, I lost my future, I lost everything”—Saleh,  17, who has fought for opposition groups since he was 15 years old. 

For Syrian young adults, it’s becoming harder to go to school, and easier to take up arms. The result may be a generation with more training in shooting than in science. Looking forward, Syrians and international supporters need to address this generation of youth—ensuring opportunities for study, discouraging armed groups’ recruitment of children, and promoting re-integration of child soldiers.

According to Human Rights Watch’s June 23rd report, armed groups in Syria have used children as young as 14 in support roles and as young as 15 in active combat. The number of children participating in Syria’s fighting is unknown, but, as of June 25th, the Violations Documentation Center has recorded 196 “non-civilian” male children killed during the conflict. In interviews with Human Rights Watch, young men recalled participating in a variety of operations, including front-line fighting and suicide bombing preparations.

Young adults join are joining fighters for different reasons. Many volunteer to fight, others are recruited at schools. Some child soldiers are paid. One interviewee, who joined Jabhat al-Nusra at 14, reported earning a 20,000 Syrian pound (US $135) monthly salary. Another, who joined Jabhat al-Nusra at 17, reported earning a monthly salary of 10,000 Syrian pounds (US $68) in addition to a monthly food box.

Nonetheless, international law prohibits use of child soldiers. Most pointedly, the Optional Protocol to the Convention on the Rights of the Child—which Syria has ratified—bans states and non-state armed groups from recruiting or using children under 18 in armed conflict. TheRome Statute of the International Criminal Court—not ratified by Syria—classifies conscription of children under 15 as a war crime. Regardless of the legality, employing children as soldiers limits their capacity to re-integrate into a post-conflict society; child soldiers will have little experience at operating as adults in a non-combat capacity, and skill sets geared more towards fighting than participating in a non-combat economy.

A parallel, though inextricably linked trend challenges Syrian young adults: extremely limited opportunities for schooling. Within Syria, pro-regime forces have targeted students at universities, and anti-regime forces have kidnapped students travelling to exams. Due to the fighting, many Syrian students only return to school for their exams—sometimes only to die in the classroom. Refugees outside of Syria face considerable obstacles as well. In Jordan andLebanon, limited resources for education, Syrians’ own financial pressures, and administrative hurdles prevent Syrian students from going to school. It is important to note that not all Syrian youth are soldiers, but all Syrian youth could benefit from access to education.

Ultimately, Syrians and international supporters must not forget this generation. Syrian youth have the capacity to re-build Syria and advance discussions of justice and accountability in the long-term. Consequently, looking forward, engaging this generation must be seen as a component of holistic transitional justice efforts. A first step is to cease use of child soldiers, stop targeting students, and promote greater access to education.

Fiji Asks For Help to Fight the Affects of Climate Change in the Pacific

by Max Bartels 

Impunity Watch Reporter, Oceania 

Savu, Fiji

The Government of the island nation of Fiji is accusing the international community, pointing mainly at Australia, of being selfish in regards to climate change policy. Fiji, like many other pacific nations is suffering greatly from the rising sea levels; these small island nations contribute very little to global carbon emissions but are suffering the consequences of the rest of the world’s high level of carbon output.

Fiji Village
Fijian village is abandoned as sea water seeps through the ground
(Photo Curtesy of Fiji Times)

In a climate change summit hosted by Fiji, interim Prime Minister Bainimara said the global will to combat climate change is receding. He further pointed at Australia, saying that since the election of conservative Prime Minister Tony Abbot there has been a distinct change of attitude in Australia toward climate change policy. Abbot has been quoted as saying that he will not support any climate change policy in Australia that would negatively impact the Australian economy.

The interim Prime Minister of Fiji issued a harsh statement to the world, pointed at Australia and Prime Minister Abbot, saying that history will judge them harshly if they do nothing to effect policy change and allow the islands of the pacific to sink below the ocean. He further stated that leaders need to see the situation is dire for Fiji and other island nations and that leaders need to risk minor economic impact to save lives.

Indonesia was invited to the climate change summit in Fiji and pledged support to Fiji in combating climate change. Indonesia also has a strong incentive to mitigate the effects of climate change in the pacific. Indonesia has offered $20 million to Fiji to help fight the effects of climate change and has offered further support in the form of increased trade agreements with Fiji to boost trade revenue by a targeted $1 billion in the future.

The situation in Fiji is so serious that entire communities have had to be relocated since January 2014. The village of Vaunidogola had to be relocated to higher ground due to rising sea levels; the relocation affected 50 families whose ancestors had lived on that land for generations. The government of Fiji has also identified 600 villages across the Fiji islands that are at risk from the rising sea levels. The government predicts that over the next 10 years 40 settlements will have to be relocated due to the rise in sea levels, the pollution of the ground water and the destruction of agricultural land.

For more Information, please see:

Australia Network News — Fiji Accuses Global Community of Abandoning the Pacific on Climate Change, Singles out “Selfish” Australia — 19 June 2014 

The Fiji Times — Climate Change Challenge — 21 June 2014

ABC News Australia — Pacific Nations Urge Climate Change Action, Ask Australia for Help — 27 May 2014

SBS News Australia — Rising Sea Levels Prompts Relocation in Fiji — 31 January 2014 

 

Protests in Sao Paulo Turn Violent During World Cup Match

by Delisa Morris

Impunity Watch Reporter, South America

BRASILIA, Brazil – While the England and Uruguay World Cup match was coming to an end, protests in São Paulo on the other side of town turned violent.  This demonstration turned into antigovernment riots, ostensibly calling for free public transit in Brazil.  The riot was one of the largest demonstrations over the course of the World Cup so far.

A protester jumps over a fire barricade during a violent protest in Sao Paulo. Image courtesy of Time.com

Initially more than a thousand people had gathered to commemorate the one-year anniversary of a successful protest against a transit fare hike.  However, like other transit protests, this one was a flash point to release deep-seated frustrations over poverty and government spending.

At first things were peaceful, like most of the recent demonstrations across Brazil over the course of the World Cup have been, the protest quickly escalated when groups of masked men began to set fires in the street and shatter bank windows.

Tensions were high in the city after a group of men dressed in black threw explosives – possibly fireworks – into a bar crowded with England supporters viewing their country’s match.  The men fled to a bus and were arrested harboring knives, more fireworks and brass knuckles.

A few hours later, around 2,000 Brazilian protesters took to the streets to mark the anniversary of last year’s public transportation protests.  The demonstration was organized by Free Fare, the same group that started last year’s massive protests.  Thursday’s protest began peacefully, but some marches later turned to violence and vandalism as the England-Uruguay game started on the opposite side of the city.  As they did last year, the demonstrators set up burning barricades.  Police responded with tear gas and finally quelled the unrest after five hours or so.  Eyewitnesses claim the anarchist group “Black Block” was behind much of the violence and destruction of property.

The protesters broke the windows of banks and broke into a car dealership to smash the cars there.  Television images showed groups of masked men spray painting graffiti on cars, firing off rockets and smashing public property as police responded with tear gas

One of the largest Brazilian protests during the World Cup soccer tournament thus far, and it was the first to become overtly violent.  A police spokesperson reported no injuries to either protesters or foreign soccer fans.

While a number of anti-government protests have broken out in Brazil since the World Cup began, most have been on a much smaller scale.  Most of the demonstrations in the past few weeks have sought to confront a government that protesters say pays insufficient attention to both public resources and its employees.

The protest shut down one of the city’s main thoroughfares, though the impact of traffic was limited due to a national holiday on Thursday. 

For more information, please see:

Reuters — Sao Paulo protest turns violent as World Cup game ends — 19 June 2014

The Wall Street Journal — Protests in Sao Paulo Turn Violent — 19 June 2014

International Business Times — Sao Paulo Protests Devolve Into Violent Riot After England-Uruguay World Cup Match — 19 June 2014

Time — Amid the World Cup, a Violent Reminder of Brazil’s Discontent — 20 June 2014

Syrian Justice and Accountability Center: Learning from Experience: Tunisia’s Truth and Dignity Commission

June 18, 2014

“There can be no sustainable democracy without acknowledging and addressing mistakes of the past.”– Tunisian President Moncef Al-Marzouki, 9 June 2014

Last week, Tunisia launched a Truth and Dignity Commission, tasked with investigating alleged human rights violations. The Commission’s mandate calls for a review of events from 1955 to today.  In forming this commission, Tunisia recognizes that no transition is complete without addressing past wrongdoings. Other countries experiencing violent conflict–such as Syria–can learn from Tunisia’s efforts.

unnamed

Tunisians drafted a strong mandate, proactively avoiding hurdles encountered by other countries’ commissions. In the past, truth commissions have had limited effect due to lack of government buy-in, inadequate access to data, weak mandates, and insufficient resources and/or commitment to follow through with truth and dignity efforts. While the Tunisian Truth and Dignity Commission may not weather every obstacle, its mandate positions it well. The Commission was created by the government — indicating institutional interest and buy-in. The Commission will have access to public and private archives (article 40). Its mandate is thoughtful and clear, including balanced language on gender inclusion (article 19), consideration of funding (part 6), and requirements for government follow-through on the Commission’s recommendations (articles 64, 70).

Other strengths of the mandate include consideration of prosecution (articles 42, 45),  provisions for commissioner confidentiality (articles 31, 60, 66), and the responsibility to investigate disappeared persons and determine culpability (articles 4, 8, 39). Moreover, on a programmatic end, the mandate authorizes the commission to develop a comprehensive reparations program (articles 1, 11, 12, 39)–including a fund for victims–and a venue for Tunisians citizens to submit complaints or petitions about rights violations (articles 13, 40).

Particularly relevant to Syria are the Commission’s diverse makeup, well-defined time period under investigation, and commitment to investigate both state and non-state actors. The Tunisian mandate enumerates provisions for a commission representative of Tunisia’s different ethnicities, professions, and genders (part 2). If formed, a Syrian commission may wish to do the same; an inclusive, representative commission has a greater chance of securing popular support and achieving effective results. Moreover, a well-defined timeframe (articles 17, 22) offers clarity. Like Tunisia, Syria has endured human rights abuses for decades. Setting a clear start date and end date for consideration enables commissions to focus. Lastly, Tunisia’s commitment to investigate both state and non-state actors (articles 3, 39) is valuable. Given the range of actors committing human rights abuses in Syria, any truth commissions will be most successful if they consider them all.

Other elements to watch as the Truth and Dignity Commission moves forward:

  • Prosecution: if the Prosecutor declines to pursue a case, what avenues for reconsideration exist? Might the Commission be able to re-open an investigation (for example, to find more evidence) and then re-submit it to the Prosecutor?
  • Duration: the timeframe laid out for submission of grievances and investigations appears short (article 18); will it be sufficient?
  • Arbitration: the Commission’s mandate outlines an arbitration process (articles 45-50), which includes mediation between parties. This is not typical of truth commissions, and therefore this mechanism’s challenges and successes bear careful monitoring.
  • Government participation: the mandate authorizes the Commision to make recommendations to the government to ban certain people from public office (article 43). Ultimately, who will have the final authority to determine whether or not a person can participate in government?

Tunisia’s Truth and Dignity Commission joins over 40 truth commissions from across the globe. Following the progress and impact of other truth commissions can reveal lessons from past successes and mistakes. As Syrians contemplate appropriate mechanisms for achieving accountability and truth for violations, highlights from experiences such as Tunisia’s can be instructive.