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MEXICAN NATIONAL EXECUTED IN U.S. DESPITE REQUESTS FOR REPRIEVE

By Erica Laster                                                                                                                                          Impunity Watch Reporter, North America

WASHINGTON, United States – The state of Texas executed Humberto Leal Garcia, Jr. on Thursday evening amid outcries from human rights organizations.  Despite the Mexican national’s conviction for the kidnapping, rape and murder of a 16 year old Texas girl in 1994, government officials argued that the United States failure to place Garcia in contact with the Mexican consulate upon his arrest violated international treaty obligations under the Vienna Convention.

Humberto Leal Garcia, Jr. denied rights under Vienna Convention. (Photo courtesy of the Washington Post)
Humberto Leal Garcia, Jr. allegedly denied rights under Vienna Convention. (Photo courtesy of the Washington Post)

Garcia’s victim was 16 year old Adria Sauceda.  Garcia was convicted of raping and strangling the young girl before using a 35 pound chunk of asphalt to bludgeon her.

Both the Bush and Obama administrations requested reprieves and clemency for the Garcia before his execution by lethal injection.   The case prompted a flurry of disputes over the United States’ commitments to international agreements and the rights of foreigners currently on American death rows.

CNN reports Garcia’s last statement before his execution as, “I am sorry for everything I have done.  I have hurt a lot of people.  Let this be final and be done.  I take the full blame for this.”  Garcia then shouted “Viva Mexico” before turning to the warden and stating “I’m ready warden, let’s get this show on the road.”  

Garcia’s appellate attorneys argued that their client’s sentence was unusual and that violations of the Vienna convention should at least have given Garcia a reprieve from death row.   They cited the 2004 ruling of the International Court of Justice ordered the United States to review convictions of Mexican nationals who received the death penalty.

However, CNN reports that in a 5-4 ruling by the Supreme Court requesting a stay of execution, the majority opinion indicated that “We decline to follow the United States’ suggestion of granting a stay to allow Leal to bring a claim based on hypothetical legislation when it cannot even bring itself to say that his attempt to overturn his conviction has any prospect of success.”

Diplomats and rights organizations in both the U.S. and Mexico expressed disappointment in the result of the case.  However, critics argue that the Vienna Convention is not binding upon individual states without the passage of enabling legislation by Congress.

U.N. High Commissioner for Human Rights Navi Pillay stated that this “execution will undermine the role of the International Court of Justice, and its ramifications are likely to spread far beyond Texas.”  Many believe that this will cause retaliation and reprisals against Americans abroad.

“Frankly, if we don’t protect the rights of non-Americans in the United States we seriously risk reciprocal lack of access to our own citizens overseas,” says State Department spokeswoman, Victoria Nuland.   Nuland made clear that the Obama administration strongly opposed the outcome and is currently working to speed legislation specifically defining the rights of non U.S. citizens to consular access.

For more information, please see:

Washington Post – Mexican National’s Execution in Texas Prompts Diplomatic Disappointment – 8 July 2011

Reuters – U.S. Seeks to Limit Damage of Texas Execution Case – 8 July 2011

CNN – Mexican National Executed in Texas – 7 July 2011

Washington Post – Execution of Mexican National Prompts Concern About Impact – 7 July 2011

EGYPTIANS RIOT IN SUEZ

by Adom M. Cooper
Impunity Watch Reporter, Middle East

SUEZ, Egypt–After a court upheld the release on bail of policemen accused of killing 17 people during an uprising, hundreds of family members of the victims displayed their own disapproval with the outcome. They attacked police cars and flung stones at the court building.

Protesters in Suez throwing stones at the court building and attacking police cars. (Photo Courtesy of BBC)
Protesters in Suez throwing stones at the court building and attacking police cars. (Photo Courtesy of BBC)

On July 4, 2011, the same sort of displeasure was festering in Cairo when the seven officers were originally granted bail. The snowball effect has been in full swing in Egypt as anger has been mounting about the slow pace of the trials for officials and security forces of former President Hosni Mubarak.

These seven officers are part of a group of 14 facing trial over the murder of 17 protesters and the wounding of 300 others. The other seven decided to flee and are currently being tried in absentia.

Activists have called for a demonstration this coming Friday, July 8, 2011, in Cairo’s Tahrir Square, hoping to muster more then a million protesters. Tahrir Square is the nerve center for the protests that forced former President Hosni Mubarak to resign on February 11th of this year.

Since that time, only one single policeman has been convicted in more than a dozen court cases over the death of approximately 850 people in the government-wide crackdown on protesters.

The case of these police officers is just a microcosm of the increased tensions in Egypt. The management of legal proceedings against security forces who used deadly force in the uprising, killing approximately 846 civilians and wounding thousands, has only further angered the protesters desiring change.

Egypt’s opposition movement, the Muslim Brotherhood, has decided to support Friday’s planned protest. Ayman Mohyeldin, an Al-Jazeera correspondent, shared these sentiments while reporting from Egypt on the developing situation:

“Military police are here on the scene, they are trying to control the situation, but so far they have been unsuccessful in pushing the crowd back. They have been able to secure the entrance to the building in order to secure the people from going in, but the situation outside remains very tense. This situation highlights the frustration Egyptians have toward the process of justice that is unfolding.”

At the other end of the spectrum, approximately 10,000 civilians face military trials for their participation in the protests. These trials have further spit fuel onto the fire of pro-democracy activists calling for the end of the oppressive methods of Mubarak’s regime.

For more information, please see:

NYT-Acquittals of Ex-officials Feed Anger Across Egypt-05 July 2011

Al-Jazeera-Riots outside Suez security building-06 July 2011

BBC-Egyptians riot in Suez over police trials-06 July 2011

Wall Street Journal-Rage at Police Fuels Egypt Rioting-30 June 2011

Four Colombian Teachers Murdered

By Emilee Gaebler
Impunity Watch Reporter, South America

BOGOTÁ, Colombia – Four teachers have been murdered in Colombia over the past two months.  On May 15, Dionis Alfredo Sierra Vergara was killed; on May 26 Carlos Julio Gómez was shot.  Freddy Antonio Cuadrado Núñez was murdered on May 27 and Alejandro José Peñata López on June 20.

Protesters hold the bleeding flag of Colombia. (Photo Courtesy of International Trade Union Confederation)
Protesters hold the bleeding flag of Colombia. (Photo Courtesy of International Trade Union Confederation)

Vergara was shot three times outside of the school at which he taught.  Witnesses said that he was attacked as he stepped outside to take a phone call.  Gómez was injured by gunmen early in the morning on May 26.  He was later taken to a nearby hospital where he passed away three days later on May 29.

Núñez was shot in the head by a hired gunman as he was celebrating his 46th birthday.  López disappeared after leaving the school he taught at.  His body was hung with barbed wire and found days later; it also showed signs of being tortured.

The four teachers were members of the teachers’ unions ADEMACOR (Asociación de Maestros de Córdoba) and SUTEV (Sindicato Único de Trabajadores de la Educación del Valle).  Their murders are the most recent in a long line of trade unionist slayings.  Since December of 2008 there have been 20 teachers murdered in the Department of Córdoba alone.

After the killing of Vergara in early May, Domingo Ayala, president of ADEMACOR,   declared that he was going to make a complaint to the International Criminal Court.  For Ayala, the continuing pattern of unionist killings shows that no deterrent has been provided by Colombia.

The International Trade Union Confederation (“ITUC”) called for immediate government action saying, “[t]he context of almost total impunity for these murders has led to an alarming humanitarian crisis in the education sector and has put teaching and trade union actions at risk, [it] clearly refutes the Colombian governments’ statements in international forums about human rights’ improvements.”

The United Steelworkers also condemned the Colombian government’s lack of action in bringing those responsible to justice.  They expressed outrage that U.S.  representatives are considering passing the Free Trade Agreement between the two countries when the Colombian government is unable to address the brutality against unionists in its own country.

For more information, please see;

Colombia Reports – 17 Murdered Unionists a Grim Record for Colombia: US Union – 30 June 2011

Teacher Solidarity – Two More Teachers Murdered in Colombia – 27 June 2011

Education International – EI Condemns the Murders of More Teachers in Colombia – 26 June 2011

CNN World – Union Group Slams Colombia Over Recent Killings of 2 Teachers – 24 June 2011

Colombia Reports – Teacher’s Murder in North Colombia Sparks Complaint to ICC – 17 May 2011

Students and teachers demand education reform in Chile through organized protests

By Paula Buzzi
Impunity Watch Reporter, South America

SANTIAGO, Chile –The Chilean government’s efforts to improve Chile’s deteriorating education system have proved ineffective for some. In response, the Chilean Students Federation and the Teacher’s Association took to the streets once again on Thursday to demand public education.

Student movement rejects government proposal. (Photo Courtesy of National Turk)

Over the past month, more than 200,000 people have participated in organized protests held on the streets of Santiago. Protest organizers claim that such mass protests are necessary to grab the government’s attention and put education reform high up on their agenda.

Education Minister Joaquin Lavin responded to the strike earlier this week by drafting the 75 million USD “Public University Education Revitalizing Fund;” an act which some believe to be a superficial solution to the education crisis. Additionally, Lavin has moved up winter break by 12 days, claiming that the shorter winter break will allow students to make up the class time they have missed while being on strike.

Some protestors, however, are not satisfied with Lavin’s response, claiming that the government’s recent action reflects its inability to solve conflicts. Many are demanding an end to for-profit education fueled by the unstable market. Jaime Gajardo, president of the College of Professors, believes educational policies must be redesigned. “We cannot continue on this path of privatization,” he tells CNN Chile.

Other groups in support of public education include: The Center Labor Federation (“CUT”), the Communist Party, and the Allende Party of Socialism (PSA).

CUT president, Arturo Martinez, defended his position to join the mobilization based on the fact that the high cost of education is being funded by working families.

For more information, please see:

Associated Press — Chile moves up school vacations as protests rage —29 June 2011

Inside Costa Rica — Chile: New National Strike against For-Profit Education — 28 June 2011

Escambray – Deeper Reforms Are Needed, Chilean Students  – 27 June 2011

El Universal — Protestan en Chile 20 mil estudiantes —24 June 2011

CNN — Chileans rally in capital to demand better education policies — 16 June 2011

INDICTMENTS HANDED OUT FOR HARIRI MURDER

By Adom M. Cooper
Impunity Watch, Middle East Reporter

BEIRUT, Lebanon–With the UN serving as the backbone, four members of the Lebanese Muslim movement known as Hezbollah have been indicted for the 2005 assassination of former Prime Minister Rafik Hariri.

A banner of the late Rafik Hariri. (Photo Courtesy of BBC)
A banner of the late Rafik Hariri. (Photo Courtesy of BBC)

The Special Tribunal for Lebanon (STL) gave the indictments to state prosecutor Saeed Mirza. The indictments are meant to remain sealed for 30 days to allowed Mirza to examine them. But it is believed by multiple directions, international and local outlets citing judicial sources, that the arrest warrants named four men: Mustafa Badreddine, Salim al-Ayyash, Hassan Issa, and Asad Sabra.

Rafik Hariri and 22 others were killed in February 2005 in central Beirut when a huge bomb went of as his motorcade moved through the streets. The STL was established in the Hague in 2009 by the UN to try those individuals alleged to have carried out the bomb responsible for the deaths that occurred.

Badreddine is Hezbollah’s chief operations officer, according to multiple sources. He replaced his former cousin and brother-in-law Imad Mugniyeh in the position after Mugniyeh was assassinated in Syria in 2008. The indictment alleges that Badreddine hatched and supervised the plan to kill Hariri, while al-Ayyash led the cell that actually carried out the bombing.

Saad Hariri, Rafik’s son and former Prime Minister, shared these sentiments after receiving news of the indictments.

“The days of the murderers are gone. My heart is full of joy. The martyrs may now rest in peace. I vow ahead of you to keep this country in peace under the ceiling of security.”

Hezbollah officials declined to comment on the situation. But the group has consistently denied any involvement in the assassination. The group claims that the STL is a plot involving the United States, Israel, and France. Hassan Nasrallah, the leader of Hezbollah, has threatened to cut the hand of anyone who tries to arrest the group’s members.

Currently, Hezbollah has three members in parliament. The group forced the eventual collapse of Hariri’s administration in January after he refused to stop working with the STL. Hezbollah and its allies resigned from Hariri’s administration just days before the head prosecutor for the tribunal filed his petition for the indictments to a pre-trial judge.

The United States State Department has already come forward and supported the indictments and four arrest warrants. Spokesman Mark Toner expressed these words in urging the government of Nijab Mikati to act:

“An important step toward justice and ending impunity for political assassinations in Lebanon. The sealed indictments have been handed over. We’re now going to look to see what the Lebanese government does next. We’re looking for it take action.”

There have long been fears inside Lebanon that indictments of Hezbollah members over the assassination of the prominent Sunni Muslim leader, who served as prime minister for several terms between 1992 and 2004, could intensify conflicts between sectarian factions within the country. The two sides have been struggling with the legacy of the 1975-1990 civil war.

For more information, please see:

Al-Jazeera-Indictments issues in Hariri probe-30 June 2011

BBC-Hariri murder: UN tribunal issues arrest warrants-30 June 2011

CNN-Four Hezbollah members indicted in Hariri death, says source-30 June 2011

Reuters-U.S. urges Lebanon to act on Hariri indictments-30 June 2011