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European Court Rules That Migrants Intercepted at Sea Cannot Be Expelled

By Alexandra Halsey-Storch
Impunity Watch Reporter, Europe

STRASBOURG, France–On Thursday, February 23, 2012, the European Court of Human Rights ruled that, “it is a violation for states to collectively expel migrants intercepted on high seas.”

Migrants rescued at sea (Photo Curtesy of The United Nations)

In 2009, the subjects of the case, 11 Somali and 13 Eritrean nationals, boarded a boat and left for Italy in search of a better life. They were part of a larger group of about 200 migrants, including pregnant women and children. Just outside of Italian territorial waters, south of the Sicilian island of Lampedusa, Italian military vessels picked the migrants up and took them to Tripoli, Libya’s capital. There, they were handed over to Libyan authorities who incarcerated them for at least several months.

This procedure was arranged by then-Italian President, Silvio Berlusconi and Libya’s then-dictator, Moammar Ghadafi, in an effort to “stem the huge tide of immigration to Italy.”  Under this course of action, about 1,000 migrants were “forcibly returned to Libya by the Italian Cost Guard,” according to the United Nations.

The attorney for the African migrants alleged that this bi-lateral agreement between the two countries violated Article 3, Article 4 of the Protocol Number 4, and Article 13 of the Geneva Convention thereby violating their human right to seek political asylum. The European Court of Human Rights agreed.

The Court Opinion recognized that, through the bi-lateral agreement, Italy attempted to alleviate some of the problems associated with a great influx of migrants; however, the Court went on to articulate that a State is not absolved of its “obligation not to remove any person who would run the risk of being subjected to treatment prohibited under Article 3 in the receiving country.”

Article 3, which governs civil armed conflict, prohibits members of the armed forces from engaging in “violence to life and person, in particular murder…mutilation, cruel treatment and torture” against civilians and innocent bystanders.

Looking back to the “situation prevailing in Libya” at the time migrants were forced there in 2009, the Court determined that they could have been subjected to the aforementioned Article 3 prohibitions. Moreover, bringing the African migrants to Libya exposed the migrants to the “risk of arbitrary return to their countries of origin,” also in violation of Article 3. The Court determined that in 2009 Somalia remained a place of “widespread insecurity” and individuals in Eritrea “faced being tortured and detained in inhuman conditions merely for having left the country.”

The court also ruled that a country is not permitted, under Article 4 of Protocol Number 4, to collectively expel migrants captured at sea, iterating that, “we have long expressed alarm at the interception and collective expulsion of migrants, often risking their lives on the high seas, without opportunity for an individual examination of their cases.”

The United Nations High Commissioner for Human Rights, Navi Pillay, “cheered” the Court’s decision and called on “all states to recognize and respect the fundamental rights of all migrants, which are guaranteed by international law.” She also encouraged states to consider “human rights and protections enshrined by international law” when writing migration policies and laws.

For more information, please visit:

The United Nations – Rights of Migrants Upheld by European Court – 24 Feb. 2012

European Court of Human Rights – Hirsi Jamaa and Others v. Italy – 23 Feb. 2012

 

Efrain Rios Montt to Face Genocide Charges After 30 Years

By Brittney Hodnik
Impunity Watch Reporter, North America

GUATEMALA CITY, Guatemala – For the first time, a Latin American court has decided to charge former president, Efrain Rios Montt with genocide.  For the past14 years, Montt has enjoyed immunity as a member of Congress, according to The Indypendent.  His term expired in January and the government has finally brought genocide charges and accusations of other human rights abuses.

Montt faces genocide charges and other crimes against humanity. (Image courtesy of The New York Times)

Montt served as president-dictator of Guatemala from 1982-1983 after a military coup in that country.  A civil war ensued for over three decades.  According to the Associated Press, he is accused in 266 incidents (usually massacres) that resulted in 1,771 deaths, 1,400 human rights violations, and the displacement of 29,000 indigenous Guatemalans.

According to The Indypendent, Judge Patricia Flores stated in her ruling, “We can establish these are acts so degrading, so humiliating that there is no justification . . . You were the general commander of the military and had knowledge of the execution of these plans.”

Montt’s lawyer told local newspapers, “We are sure that there is no responsibility, since he was never on the battlefield,” as reported by The New York Times.  Montt has previously denied ordering any massacres, but military documents have shows the contrary.  Further, according to the Associated Press, Montt explained to the judge “I understand what the prosecution is saying and I won’t respond . . . The point is to do justice, not vengeance.”

A United Nations-backed truth commission set up in 1996 found that about 200,000 people were killed or disappeared during the civil war, according to The New York Times.  Montt’s 17-month rule played a significant role in these deaths.  Judge Flores went on to say during the testimony, “Unfortunately there are cases like this where people have been waiting 29 years for justice.”

His parliamentary immunity has shielded him from prosecution until now.  In December of 1999, a group of Guatemalans filed suit in the Spanish National Court against 8 high ranking Guatemalan officials, including Montt, reports The Indypendent.  These charges were filed under “universal jurisdiction” and were upheld.  Also, in 2004, the Guatemalan government admitted before the Inter-American Court of Human Rights that Rios Montt’s regime pursued a strategy of genocide, reports The Huffington Post.

Currently, Montt is on house arrest and has been ordered to pay a $64,000 bond.  Formal charges against the court are expected to come about soon.

For more information, please visit:

The Indypendent — Genocide Trial of Rios Montt — 9 Feb. 2012

The Huffington Post — Paul Seils: Guatemala Genocide Ruling a Triumph for Survivors — 1 Feb. 2012

The Associated Press — Guatemala: Ex-Dictator to Face Genocide Charges — 27 Jan. 2012

The New York Times — Efrain Rios Montt, Guatemala Ex-Dictator, to Appear in Court — 22 Jan. 2012

Police Strike Expected to Bring Severe Economic Damage to Brazil in Wake of Carnival

By Paula Buzzi
Impunity Watch Reporter, South America

RIO DE JANEIRO, Brazil  — Over the last week, the murder rate in Salvador has doubled as police officers walked off the job in an organized strike over a week ago. Police all across the country are demanding better pay and benefits as well as a national minimum wage for all uniformed forces. According to the Brazilian Association of Tourism Agencies, at least 10 percent of tourists have already canceled their trips to Rio for Carnival out of fear for their safety.

Police officers go on strike, demanding higher pay. (Photo Courtesy of LA Times).

More than 1000 police officers and firefighters gathered in downtown Rio on Thursday to protest their low wages. The Brazilian government arrested 16 leaders of the strike on Friday and over 100 officers could face summary expulsion for not showing up for patrols.

According to David Fleischer, a political scientists at the University of Brasilia, the government of Rio is coming down with an “iron fist” in order to halt the chaos in Rio before Carnival. “Police in Rio had been doing an excellent job of improving safety in the city, so this is unexpected and extremely embarrassing,” he said.

Although Brazil now has the sixth-largest economy, the recent strike has called into question the country’s ability to put on two of the largest sporting events in the world — the World Cup in 2014 and the Olympic Games in 2016. Safety in most major cities in Brazil has been improving of the last couple years, but crime is still a problem and may be contributed to the low wages and corruption of police officers.

Since the strike began in the metropolitan area of Salvador last week, roughly 150 people have died in Salvador and shopkeepers and tourists officials claim the economic damage is immense. Salvador holds the second largest Carnival festival in Brazil, attracting approximately 500,000 tourists each year. The state tourism secretariat says that tourists contribute about $300 million dollars into local economy each year during Carnival.

According to Jorge Cardeiro, a salesman at the high-end boutique, Projeto Axe Design, Carnival is a crucial time for Brazil’s economy and the police strike may have caused irreversible economic damage. “This place has been so empty it feels like sales are down 100 percent, but really they’ve fallen more than 70 percent. I don’t know how we’re going to make it up,” he said. The U.S. State Department has already issued an advisory warning to Americans against traveling to Salvador.

Although violence in Salvador seems to be cooling down, Intelligence officials are concerned after intercepting a cellphone conversation that revealed a plan by police officials to cause acts violence and vandalism in a strike that would extend to Sao Paulo and Rio de Janeiro. A violent strike in Rio could be more economically damaging than the strike in Salvador, especially during Carnival, where tourists already come concerned about their safety even with the police force working properly.

Military patrols are stepping in to help keep businesses open in Rio as preparations for Carnival street parades continue despite the tension.

 

For further information, please see:

CBS News – Crime Cutting into Brazil’s Carnivals Amid Strike – 11 February 2011

LA Times – Brazil Arrests Strike Leaders to Halt Police Work Stoppage in Rio – 11 February 2012

Reuters  – Brazil Police Strike Spreads to Rio Before Carnival – 10 February 2012

Washington Post – Rio Calm in 2nd Day of Police Strike With Low Adherence Rate – 10 February 2012

The New York Times – Police Strike by Brazilians Makes Holiday Seem a Threat – 09 February 2012

Brazilian Mining Company Vale Wins Dubious Award Highlighting Human Rights and Environmental Abuses

by Emilee Gaebler
Impunity Watch Reporter, South America 

BRASÍLIA, Brazil – Just recently the annual award for the “worst big company” was given to Brazilian company, Vale.  Close to 89,000 votes were placed online and Vale received just over 25,000 of them.

An advertisement by the Public Eye nominating Vale for the worst company award. (Photo courtesy of Public Eye)

Vale is officially this year’s winner for having the most “contempt for the environment and human rights.”  The undesired award is co-organized by the Swiss nonprofit, the Berne Declaration and Greenpeace Switzerland.  The award is an antagonistic response to the Davos summit hosted each year at this time by the World Economic Forum. 

The Davos coordinators and participants portray themselves as protectors of human rights but those critical of them note that they only represent the “privileged 1%.”  Its members are the 1,000 most profitable and powerful companies globally.

Vale is a mining company and a shareholder in the disputed Belo Monte dam project in Brazil.  As reported by the Public Eye, Vale is the second-largest corporation in Brazil and the second-largest mining corporation internationally as well.  They currently have operations in over 40 countries world-wide.

The company has a long history of abuses.  Reports over the years have cited; terrible working conditions, forced displacement of indigenous people on many of their projects, use of paramilitary leaders to repress indigenous leaders and incalculable environmental damages.  As well, health complications have arisen in the vicinities surrounding Vale’s coal-burning facilities.

The company’s operations in Brazil make up 4% of the carbon emissions in all of the country.  They use 1.2 billion cubic meters of water annually, which is enough to meet the needs of 22,000 people for a one year period.  They also dumped 114 million cubic meters of waste last year.   

The current Belo Monte project they are involved in has garnered media attention over the past year as the construction of the dam threatens to displace thousands of indigenous people by flooding the land on which they currently reside.  The company’s response to the award, aimed at shaming them into better behavior, was denial.

“Those who have chosen to misrepresent Vale’s record cite our participation on the Belo Monte Project, where we hold a 9% share…[c]learly, we are a minority shareholder” was the response posted.

Those responsible for the award are anxious to see more transparency in big businesses and that the leaders of these companies get held to a higher standard of credibility.  The goal is not as simple as embarrassing the companies; but rather to demonstrate that lack of regulations allows them to get away with blatant disregard for human and environmental rights around the world.

 

For more information, please see;

Latin America Press – Vale Wins “Worst Company” Award – 2 February 2012

Common Dreams – Unique Awards Highlight Corporate Irresponsibility – 29 January 2012

The Guardian – Public Eye Award Singles Out Mining Company Vale, Barclay – 27 January 2012

Reuters – Davos Elite’s Largesse Fails to Appease Critics – 27 January 2012

Russian and Chinese Vetoes Prevent Passage of UN Resolution Condemning Syrian Violence

By Tyler Yates
Impunity Watch Reporter, Middle East

DAMASCUS, Syria — Russia and China voted against a draft resolution that would have condemned a crackdown on anti-government protests in Syria and called on Bashar al-Assad, the Syrian president, to step aside.

The United Nations Security Council (Photo Courtesy of Al Jazeera).

The countries, two of the United Nations Security Council’s permanent members, have veto power over resolutions put before the Council.

A statement from the Russian ambassador to the United Nations said the resolution, “sent an unbalanced signal to the Syrian parties” by not condemning violence on the part of the armed opposition to the same degree that it did for the Syrian government.

Internationally, the vetoes received tremendous criticism.  Qatar’s minister of state for foreign affairs said the vetoes sent “ a very bad signal to [President Bashar al-Assad] that there is a license to kill.” Other Western and Arab leaders echoed Qatar’s reaction.

Europe will strengthen sanctions imposed on Damascus in a bid to boost pressure on the regime, France said on Sunday. The United States has vowed to block funding and arms supplies to Syria.

“We will work to seek regional and national sanctions against Syria and strenghten the ones we have. They will be implemented to the fullest to dry up the sources of funding and the arms shipments that are keeping the regime’s war machine going,”  US Secretary of State Hillary Clinton said on Sunday.

Despite these international efforts the opposition in Syria is now forced to attempt to stop the government crackdown by itself.

Colonel Riad al-Asaad, commander of the FSA, said that “there is no other road” except military action by his fighters to topple Assad.

Iran welcomed the vetoes from China and Russia, calling the sanctions “just.”

“The Security Council has become a tool for the West’s bullying … of other nations, and this time Russia and China stood up against it,” one of Iran’s top diplomat said.

The Syrian government also saw the vetoes as a victory, saying that the result should be an acceptance of the regime’s program for solving the evolving crisis.

The Tishreen, a state run newspaper, called the vetoes an incentive for Damascus to continue with its announced political reforms, which include drafting a new constitution, allowing the formation of new political parties, and holding parliamentary elections.

It further suggested that the international community support talks between the government and the opposition.

At the same time, it declared that the government would continue with its crackdown, saying it would “restore what the Syrians enjoyed for decades and what they are demanding today which is stability and security and confronting all forms of terrorism.”

For more information, please see:

Al Jazeera —Qatar says UN veteos sent “bad signal” —  05 Feb. 2012

Al Jazeera — Veto power at the UN Security Council — 05 Feb. 2012

Huffington Post — Russia, China Veto Of Syria UN Resolution Sparks Outrage — 05 Feb. 2012

NPR — Syria Veto “Outrageous” Says UN Envoy Susan Rice — 05 Feb. 2012

Reuters — Clinton calls UN Syria vote a “travesty” — o5 Feb. 2012