100 Protesters Still Remain in Detention

By: Jessica Ties
Impunity Watch Reporter, Asia

BEIJING, China – Over 100 Tibetan protestors remain in custody after fleeing from gunshots last week.

Tibetan protester who was injured during the shooting on January 23, 2012 (Photo Courtesy of Radio Free Asia).

 

The shooting sparked a series of protects against the Chinese government and to push for Tibetan rights. Rights groups believe that at least six people were killed and sixty injured during these protests.

Witnesses have reported that government authorities have been randomly searching homes for dissidents have taken to interrogating people on the streets. One resident stated, “…I dare not to look around in a casual manner, dare not move around freely…Armed personnel are everywhere, police are in every corner.”
Other residents have reported that security personnel have warned them not to discuss politics in during phone calls outside Tibet and have been warned that these personnel are mysteriously aware that they have called relatives living outside the country.
Following the shooting, Chinese officials cut off internet and phone connection to all areas within thirty miles where the shooting occurred.
The government has claimed that “[r]ioters continued to attack and tried to grab the guns from police…[officers] first shot in the air as a warning, but it was completely ignored, so we had no other choice but to open fire.”
Following the shooting, Chinese officials cut off internet and phone connection to all areas within thirty miles where the shooting occurred.

Despite official government reporting that only two Tibetans were killed after a mob attacked local police with knives and stones, witnesses have described the protests as peaceful.

The protest began when government authorities insisted that Tibetans celebrate the Lunar New Year despite the wishes of residents still grieving from earlier protest deaths and desiring to celebrate the Tibetan New Year on February 22.

According to Kalsang, a monk based in India, the police immediately began to use photographs to help identify the protestors and even “…schoolchildren who were identified in the photos have bee detained.”

The most recent conflict follows a string of at least sixteen self-immolations by monks and other Tibetans over the past year. Adding the tension felt in the region is also the recent crackdown on Tibetans and the release of a monk who was left paralyzed from the waist down as a result of the beatings he endured in prison.

China and Tibet have had a tumultuous relationship full of unrest and violence since China’s rule over Tibet began in 1950 with the sending of troops to assume control over the region.

Many Tibetan feel that the Chinese authorities mistreat them and that they are denied the ability to freely exercise their culture and religious preferences. One well-known example is the forced exile of the Dalai Lama and attempt to replace him with a communist-approved alternative.

 

For more information, please see:

The Guardian – China Cut Off Internet in Area of Tibetan Unrest – 3 February 2012

Fox News – Tensions Rise in Tibet as Chinese Security Forces Bring Fear to the Streets – 1 February 2012

Radio Free Asia – 100 Tibetan Protesters Held – 1 February 2012

The Guardian – Tibetan Unrest Spreads as Two Reported Killed by Chinese Troops – 25 January 2012

BBC – Q&A: China and the Tibetans – 15 August 2011

 

U.N.’s Highest Court Denies Italy’s Nazi Reparation Claims

By Alexandra Halsey-Storch
Impunity Watch Reporter, Europe

THE HAGUE, Netherlands—The International Court of Justice—the United Nation’s highest court—held on Friday that Germany will maintain legal immunity from being sued in foreign courts by victims of World War II Nazi atrocities.

The ICJ rejects Italy's claim for compensation against Nazi regime (Photo Courtesy of The Montreal Gazette)

The case at hand focuses on the June 29, 1944 murder of 250 Italian civilians in and near the Tuscan town of Civitella by German troops. More than forty years later, family members of the victims sued Germany in an Italian court seeking reparations. In 2008, Italy’s Supreme Court found that one of the plaintiffs, an Italian civilian, Luigi Ferrini, was in fact entitled to reparations for his deportation to Germany in 1944 to work as a slave laborer in the armaments industry. The court iterated that individuals whose human rights had been violated could sue for individual damages.

Germany appealed to the International Court of Justice (“ICJ”) and argued before the court, saying that denying Germany immunity from these types of lawsuits would “open the floodgates to compensation claims by individuals around the world.”

The ICJ “threw out” Italy’s 2008 decision on Friday, February 3, 2012 in a 12-3 decision, determining that the “Italian case violated Germany’s immunity…from being sued in national courts,” a principal which has been widely recognized in international law.

Hisashi Owada, the president of the United Nations court further explained: “The action of Italian courts in denying German immunity…constitutes a breach of the obligation owed by the Italian state to Germany.”

Legal scholars agree that the 2008 decision violated international rules on foreign state immunity as pertaining to human rights cases thus concurring that the ICJ reached the correct decision. “Were one to deny foreign state immunity in this and other similar cases, then Georgian courts, for example, could pass judgment on Russian behavior during the 2008 conflict,” explained Andreas Zimmermann, a human rights professor.

In other words, this ruling is “expected to end a wave of claims for damages” which stem from the Nazi regime’s human rights violations, including one which originated on behalf of Greek victims. On June 10, 1944 S.S. units “assembled 218 women, children and elderly in Distomo, a village not far from Delphi, and murdered them. The Greek representatives sought reparation through the German judicial system.

Amnesty International’s Senior Director of International Law and Policy, Widney Brown, has proclaimed the ICJ’s ruling to be a “big step backwards on human rights” going on to say that “the judgment flies in the face of the Hague Convention, under which victims of war crimes are entitled to sue the state responsible to obtain reparation.”

Germany has already paid tens of billions of dollars in reparations since the 1950s, including a “lump sum” to Italy in the amount of 40 million marks in 1961. Moreover, in 2000, Germany founded the Remembrance, Responsibility and Future Foundation with the goal of compensating forced laborers from Eastern Europe. Germany has also made additional payments at peace conferences as well as a part of treaties with other countries.

 

For more information, please visit:

Amnesty International—UN Court Ruling on Nazi War Crime Victims ‘a Setback for Rights’—3 Feb. 2012

International Court of Justice—Germany v. Italy—2 Feb. 2012

The New York Times—World Court Upholds German Immunity in Nazi Cases—3 Feb. 2012

Reuters—U.N Court Rules against Italy’s Nazi Compensation Claims–3 Feb. 2012

Speigal Online International—Human Rights Take a Back Seat to Sovereignty—3 Feb. 2012

 

 

Brutal Egyptian Riot Highlights Security Force Problem

By Tyler Yates
Impunity Watch Reporter, Middle East

CAIRO, Egypt — At least 74 people were killed and hundreds more injured when fans stormed the field after an Egyptian football game on Wednesday.  An investigation is ongoing to investigate why riot police failed to stop the chaos.

A brutal riot left over 70 dead while riot police just watched (Photo courtesy of ESPN).

The Egyptian military has declared three days of mourning.

The riots highlight a deteriorating security situation in Egypt, still flailing a year after a revolution, which found Hosni Mubarak, president for over thirty years, ousted and replaced by a temporary military rule.

The fight began after an upset victory by the Al-Masry team over the Al-Ahly team.  The winning team stormed the field and began attacking players and supporters of Al-Ahly, even going so far as to chase the players into their locker rooms. Health officials said that victims were stabbed, trampled, and beaten.  There were members of the Egyptian police among the dead.

Estimates put the number of fans supporting the winning team at about 10 to 1.  This disproportion likely added to the chaos.

The incident once again thrusts the ultras, a group of organized soccer fans that played a role in the Egyptian revolution, back into the spotlight.  The ultras have rallied against military rule, and have been very anti-police.

The relationship between the police and the ultras has brought some criticism that the police had reason to allow the riot to continue as a means of revenge.

Witnesses report that there were hundreds of riot police present at the game, but rather than get involved they just stood and watched.  The security forces attempted to turn off the stadium lights in an effort to force people out of the stadium, but this did not help.

The New York Times says the rumors are “impossible to confirm,” but one player interviewed by the Guardian says he saw police urge fans to come onto the field. He also claims to have seen people with “knives and swords” in the melee.

The violence got so bad that it began extending outside of the stadium, reaching into the neighboring province of Suez.

In response to the riot, the Egyptian government has declared that they will punish those responsible, and that justice will be sought.  The Egyptian parliament has called an emergency session.

Overall, there is a growing animosity towards the police and the military in Egypt.  Since the revolution the police and security forces have been accused of not actively engaging in law enforcement.  They have taken a stand back and watch position.

The riot will likely force the military to respond to these allegations of standing back rather than doing their duty.

The governor of Port Said has since resigned in response to the riot.  The head of the Port Said security has been suspended, and the head and board of the football association fired.

There are calls for the firing of the interior minister and a purging of the police force, as many voice disapproval of scapegoating regional officials rather than attempting to fix the real problem.

At least four people have been killed in post-riot fighting, much of which has been the result of protesting against police out of anger for their preventing to stop the earlier riot.

For more information, please see:

Bloomberg — Egypt Lawmakers Criticize Police After Deadly Soccer Riot — 3 Feb. 2012

Macleans — Egypt soccer riots continue — 3 Feb. 2012

Newsday — 4 killed in Egypt clashes over deadly soccer riot — 3 Feb. 2012

NPR — Egypt Soccer Game Turns Deadly for Fans — 2 Feb. 2012

 

 

ICTJ In Focus February 2012

ICTJ in Focus February 2012

Haiti Refuses to Try Duvalier for Human Rights Abuses

By Brittney Hodnik
Impunity Watch Reporter, North America

PORT-AU-PRINCE, Haiti – Former president-dictator, Jean-Claude Duvalier (a.k.a. “Baby Doc”) returned to Haiti last year after twenty-five years of exile in France.  Amid allegations of embezzlement and serious human rights abuses, it seems Duvalier will go untouched.  The investigative magistrate overseeing the case ruled that he would not face any charges relating to the human rights abuses that occurred during his regime.

Jean-Claude Duvalier faces only corruption charges, avoiding human rights abuses for now. (Image courtesy of CNN)

According to the Associated Press, Duvalier assumed the presidency when he was 19, taking over for his father (“Papa Doc”) who had an even crueler reputation.  Duvalier fled Haiti in 1985, spending 25 years in France before suddenly returning to Haiti to face charges.  Duvalier is supposed to be under house arrest, but, according to The Montreal Gazette, he roams freely throughout the country.

Both Human Rights Watch (HRW) and Amnesty International have documented systematic violations under Duvalier’s rule, according to CNN.  He stands accused of imprisoning and torturing Haitian journalists and opposition forces.  Javier Zuniga, a special adviser at Amnesty International said, “The cases of human rights abuses we documented in Haiti are likely to be only a small proportion of what really happened during Duvalier’s rule,” reports CNN.

After a yearlong investigation, Judge Carves Jean ruled that Duvalier would only face trial on corruption charges, as reported by CNN.  Jean suggests that the statute of limitations has run out on those abuses.

Along with HRW and Amnesty, the United Nations spoke out against Haiti’s decision not to prosecute.  “The High Commissioner has consistently reminded Haiti of its absolute obligation to investigate these well-documented serious human rights violations and to prosecute those responsible for them,” said Rupert Colville, the Commissioner’s spokesperson.

The Montreal Gazette reports Canada’s surprise that the decision did not generate more outrage.  Reportedly, the United States, France and other Caribbean nations remained silent on the decision while Canada urged Haitian authorities to reconsider the decision.  According to The Montreal Gazette, young people in Haiti are never taught about this infamous regime, and those old enough fear speaking out.

The earthquake in Haiti still overshadows many of the governmental problems the country is facing.  Many would like to see countries such as the United States condition further funding on the definite prosecution of Duvalier.  Canada’s Foreign Affairs Minister, John Baird reiterated its stance in support of Duvalier’s prosecution for all human rights abuses, according to The Montreal Gazette.  “It is the Haitian government’s responsibility to provide justice to its people and due process, including fair trials, for those accused of crimes,” he said.

Still others are concerned by the fact that current President Michel Martelly employs many of Duvalier’s former cronies.  The Montreal Gazette reports that Duvalier’s son too is among those serving under the new president.  Brian Concannon from the Institute for Justice and Democracy in Haiti said, “Obviously, leaving something up to a corrupt, elitist, right-wing justice system is not going to bring justice for the Duvalier’s victims.”

According to the UN News Centre, Colville said that impunity for such serious crimes cannot be allowed to prevail.  Human rights groups will continue to fight to bring Duvalier to justice for his heinous human rights violence.

For more information, please visit:

Associated Press — Haiti Leader Says he Won’t Meddle in Duvalier Case — 3 Feb. 2012

The Montreal Gazette — Frustration Follows Duvalier Ruling — 3 Feb. 2012

CNN — Human Rights Groups Denounce Duvalier Decision — 1 Feb. 2012

UN News Centre — Former Haitian Leader Must Face Charges for Human Rights Abuses, Says UN — 31 Jan. 2012