Belarusian Interior Minister Accused Of Torture In French Court

By Terance Walsh
Impunity Watch Reporter, Europe

PARIS, France – A group of alleged victims from Belarus have filed a complaint in a Paris court against Belarusian Interior Minister Anatoly Kuleshov accusing him of torture.  The victims claim that the torture took place just after Alyaksandr Lukashenka’s disputed reelection in 2010.  The suit was filed on Wednesday, January 18.  Kuleshov is currently attending an Interpol meeting in the French city of Lyon; his visit is scheduled to end on January 20.

Belarusian Interior Minister Anatoli Kulashov, who faces allegation of torture. (Photo courtesy of Telegraf.by)

Victims’ lawyer William Bourdon called the conduct of which Kuleshov, who is blacklisted in the European Union for his role in the government crackdown on political opposition, is accused of “torture and cruel and degrading treatment.”  Bourdon has called for an immediate investigation into Kuleshov’s involvement in the alleged torture following the 2010 elections.

Following the December 2010 elections in Belarus, which Lukashenka won in dubious fashion, Belarus witnessed a rise of political opposition followed by a crackdown by Lukashenka’s regime.  Nearly 50,000 Belarusians took to the streets after the election, in which each of Lukashenka’s opponents was awarded less than three percent of the vote.  The complaint filed in France pinpoints Kuleshov as a key player in the orchestration of the torture of political opponents.

The complaint alleges “proof of the crimes under universal jurisdiction, giving the basis to legally pursue Lukashenko and his associates, particularly, for torture and hostage-taking.”  French officials have received no reply from Kuleshov or any Belarusian authorities in response to the complaint.

Bourdon cites United Nations regulations as justification for the complaint, stating “[t]he United Nations Convention against Torture, adopted on December 10, 1984, the so-called New York convention, obliges the states which had ratified it, including France, to arrest persons suspected in torture, when they stay at hair territory. It is exactly the situation of the minister.”

The strength of the evidence, according to Bourdon, is strong enough to warrant legal action by France.  The documentation “leaves no doubt that the Interior Minister is the main person responsible for organizing torture against opponents in Belarus.”

Bourdon took the case after British law firm McCue and Partners reached out to him about a possible case against Kuleshov.  McCue and Partners is known for their work in human rights law and previously posted guidelines for Europeans to initiate prosecution against Lukashenka and his ministers.

Matthew Jury, a partner at McCue, said, “If Kuleshov is in France, under the Torture Convention, France should be obliged to take Kuleshov into custody for his part in the torture and hostage-taking of innocent Belarusians. It will only diminish France’s standing and moral authority if it fails to take action. If it does not, then we call on France’s civil society and legal community to take up the responsibility and to enforce the law.”

Pro-Belarusian liberty groups criticized the French government for allowing Kuleshov to freely enter French territory.  Natalia Kaliada of Free Belarus Now said, “The French Republic is founded on the principles of Liberty, Equality, and Brotherhood; today those principles seem very far away. By inviting an agent of the Lukashenko regime, who personally orchestrated mass violent arrests of peaceful demonstrators, over its borders, France has betrayed all those fighting for democracy and human rights in Belarus. There are fifteen political prisoners who remain behind bars in my country in the heart of Europe. These men along with any others were arrested and tortured while in KGB custody in December last year. Today INTERPOL freely welcomes emissaries of Europe’s last dictatorship and condemns those who stood peacefully against them as criminals.”

Bourdon himself expressed regret for possible failure of the French court system in this case.  “Struggle with impunity is a great problem for the international community. The Justice becomes global. Some countries do not obey it, so access to the French judicial system, considering that France had recognized the New York Convention, gives victims a means to get access to justice, and a hope that persons responsible for crimes would be brought to justice. It requires political will. Technical means should be used for capturing these suspects. I deeply regret about hesitation of Paris Court, which does not react in a speed required by the situation.”

According to the French embassy, the French visa had been issued to the Belarusian Minister, banned in the European Union, for legitimate reasons.

For more information please see:

Charter 97 — France Met Kolyashou With A Law Suit — 20 January 2012

Charter 97 —William Bourdon: Responsible For Torture Must Be Arrested — 20 January 2012

Naviny — French Court Asked To Order Arrest Of Belarus Minister — 20 January 2012

Expatica — French Torture Charge Against Belarus Minister: Lawyer — 19 January 2012

RFE/RL — French Torture Charge Against Belarus Minister — 19 January 2012

Telegraf — French Prosecutors Are Asked To Arrest Kuleshov — 19 January 2012

Chile Fires Continue: 7 Firefighters Dead, Sparking “Pinochet Era” Anti-Terrorist Laws

by Emilee Gaebler
Impunity Watch Reporter, South America 

SANTIAGO, Chile – Throughout much of the Bio Bio region and Araucania region deadly forest fires have raged for the past few weeks.  The area, roughly 500 miles south of the capital of Santiago, has been destroyed by the fires that have burned down hundreds of homes and caused thousands of evacuations.

 

The bodies of seven firefighters killed on duty are carried out of the forest. (Photo Courtesy of Asia One)

Until recently, the only casualty in the deadly fires was that of an elderly manwho refused to evacuate his home, despite repeated appeals to leave.  On Thursday January 5, 2012 seven firefighters were killed in the line of duty.  The men were working in a mountain forest near Carahue in the Araucania region.  They were trapped by the fire when the high wind unexpectedly changed direction.

Ten men in total were placed in danger that day.  Two of the men were rescued by helicopters and suffered intense burns.  A single man, Hector Herrera managed to escape on his own. 

“When I wanted to leave, I was unable to do so, I went back and there was fire everywhere. My only option was to go to the canteen and soak myself in water and then go through the flames,” said Herrera to local media.

The men were private contractors for a forestry company, Mininco.  Reports have surfaced that none of the men were experienced in fire-fighting.  The forestry worker’s union blames Mininco for the seven deaths; citing inexperience, poor training and failure to properly supervise workers in dangerous conditions.

Early in the investigation, authorities blamed arsonists for starting the fires.  Several fires began almost simultaneously in multiple areas; a clear indication that some type of foul play was involved.  Following confirmation of the seven firefighter’s deaths, Chilean president Sebastián Piñera was quick to note the “criminal intent” present and that the fires were under consideration as having a “terrorist nature.”

Interior Minister, Rodrigo Hinzpeter, followed this with accusations that the Coordinadora Arauco-Malleco (CAM) group was responsible.  CAM is a Mapuche Indian activist group.  The group forcibly advocates for reinstatement of ancient tribal lands.  Allegedly, the disputed land, in the Araucania region, was illegally taken from the Mapuche people both in the early 19th century pacification campaign and by the Pinochet dictatorship of the 1970s. 

Hinzpeter based his conclusion on the acknowledgement by CAM that activists had burned a Mininco helicopter and other forestry vehicles on December 30, right before the fires began. 

CAM leaders have denied any role in the fires at all.  They do admit to the burning of the Mininco helicopter, which they viewed as operating illegally on Indian lands.  It appears to have been a strategic move in the enduring dispute between the forestry company and the activists. 

“In the face of accusations issued by persons from the current government and right-wing members of Parliament, we say — emphatically — that the CAM had nothing to do with events that occurred at the House of Stone estate in Carahue,” was the statement released by the group.

A Mapuche spokesman, Natividad Llanquileo, also expressed the grief felt by the tribe not only for the seven deaths but also for the destruction of “mothe earth” by the deadly fires.

Locals in the area have theorized that the fires were started accidentally in the process of burning wood to make charcoal.  Hector Rebolledo, a fire chief, stated that people were seen making charcoal in the area right before the fires broke out. 

In the aftermath of this, President Piñera has invoked strong anti-terrorist laws to punish those responsible.  These anti-terror laws stem from the Pinochet era and are frighteningly restrictive on justice.  They allow for steeper punishments, indefinite imprisonment without being charged and testimony from anonymous witnesses. 

Prosecutors are permitted to keep their evidence secret, are more readily granted the power to monitor suspect’s activities (tapping phones, placing wires and intercepting communications) and can detain suspects for up to 10 days without bringing any charges.      

“The law will continue to be applied whenever necessary to fight this small group of people who, without respect for life or property, seek to impose their views through terror,” said Piñera in support of the laws. 

One of CAM’s leaders, currently serving time in jail for assaulting a prosecutor, said the whole situation was simply a set-up to allow for implementation of the anti-terror laws.  The statement notes that these laws are a valuable tool being used by the government to dismantle not just the Mapuche people’s movement but Chilean social movements in general.

In fact, just days after the anti- terror laws were enacted; a fire was started at a local Mapuche chief’s home, destroying it.  Then, a Mapuche woman and her daughter were cruelly beaten by police officers during their arrest for disturbing the peace. 

As reported by the Latin American Herald Tribune, a cell phone video shows an officer striking one of the women with the butt of his gun as she holds a child in her arms.  He then points his gun at her head and pulls the trigger back before walking away.  The other woman was “roughed up” by the other officers. 

Both women were released from jail and an investigation into the events of their arrest has been initiated.  As well, Hinzpeter is now denying making direct statements blaming the Mapuche Indians for the fires.  His sudden reversal comes after much criticism and an order from the Court of Appeals to clarify the statements he made earlier this month. 

 

For more information, please see:

Latin American Herald Tribune – Chilean Cops Under Scrutiny for Beating of Indian Women – 19 Jan 2012

Latin American Herald Tribune – Indian Activists Deny Setting Deadly Blaze in Chile – 19 Jan 2012

Santiago Times – Chilean Minister Backs Down on Indigenous Arsonist Claims – 19 Jan 2012

Indian Country – Chile Invokes Chilling Anti-Terrorist Law Against Indigenous Mapuche – 11 Jan 2012

Asia One News – Chile Invokes Terror Law After “Deadly Criminal” Wildfire – 6 Jan 2012

BBC – Chile Blames Mapuche Indians for Deadly Forest Fires – 6 Jan 2012

Google  – Chile’s Mapuche Denies Role in Deadly Arson – 6 Jan 2012

Times Union – Chile Blames Deadly Fires on Mapuche Indian Terror – 6 Jan 2012

Israel Arrests Hamas Member Amidst Rising Tensions

By Tyler Yates
Impunity Watch Reporter, Middle East

GAZA CITY, Gaza Strip — Israel arrested Aziz Dweik, speaker of the Palestinian Legislative Council (PLC), at an army checkpoint on Thursday.

Israel arrests Aziz Dweik amidst rising tensions involving Hamas (Photo courtesy of Reuters).

The arrest happened in Jaba, which is located between Ramallah and Jerusalem. Dweik was traveling by car to Hebron when he was arrested.

Israel has confirmed the arrest with Israeli border troops saying he was detained for “involvement in terrorist activities.”

Witnesses said that the troops handcuffed and blindfolded Dweik before taking him away.

Dweik is a member of the Islamist Hamas movement, which governs the Palestinian territory of Gaza.  He currently resides in the West Bank.

The BBC’s Wyre Davies in Jerusalem reports that it is likely that Dweik’s arrest will be seen as a provocative act and further proof that Israel is pursuing a policy of restricting the movement of senior Palestinian figures.

The arrest comes at a time full of rising tensions between Israel and the Hamas controlled Gaza Strip.  On Wednesday, Israeli aircrafts attacked targets in and around the border fence between Gaza and Israel.

This not the first time Dweik has been detained by Israel.  Last May, he was held at an Israeli military checkpoint in West Bank.  In 2006, Dweik was arrested and held for two years after Palestinian militants abducted an Israeli soldier.

Analysts note that approximately 20 of Hamas’s 74 MPs in the 132-member PLC are currently being held by Israel.

The Palestinian Parliament has not functioned since Hamas seized control of Gaza from Fatah in 2007.  Since then Fatah has governed the West Bank and Hamas has governed Gaza.

Hamas won the most seats in the Palestinian election of 2006, leading Mahmoud Abbas, the leader of Fatah, to call for new elections.  The disagreement quickly resulted into a brief war between the two sides.

Hamas’s interior tensions continue through the present day.

Earlier this week, Hamas came under attack by Palestinian rights groups who claim that the Sunni Muslim group is endorsing the harassment and detainment of Shi’a Muslims in the Gaza Strip.  Hamas is believed to have close ties to Iran, the Shi’a Islamic Republic.  However, according to Haaertz, the Israeli newspaper, Hamas is fighting back against some Shiite groups “out of fear of growing Iranian influence in Gaza.”

A recent statement from Hamas’s prime minister, Ismail Haniya, has confirmed rumors that a negotiation regarding a merger between Hamas and the militant organization Islamic Jihad is currently underway.  This merger is likely complicated by the fact that much of the support previously given to Hamas by Iran is now going to Islamic Jihad, who have previously chided Hamas for going soft.  Earlier attempts to merge the organizations have ended in failure.

It is unclear at this time how Israel would respond to such a merger.

Hamas has been identified as a terrorist organization by Israel, the United States, and the European Union, due to its refusal to renounce violence and recognize Israel.  Hamas’s charter does include a commitment to the destruction of Israel.

For more information, please see:

Al Jazeera — Israel arrests Palestinian parliament speaker — 19 Jan. 2012

BBC — Israel arrests senior Palestinian Aziz Dweik — 19 Jan. 2012

Voice of America — Israel Arrests Hamas Head of Palestinian Parliament — 19 Jan. 2012

Al Jazeera — Gaza Rights Groups Accuse Hamas of Abuses — 17 Jan. 2012

The Telegraph — The end of the affair between Hamas and Iran — 17 Jan. 2012

Malawi Women to Proclaim Right to Wear Pants on Friday

By Zach Waksman
Impunity Watch Reporter, Africa

LILONGWE, Malawi – The past two days in Malawi were marked by a series of attacks on women for their choice of dress.  But instead of being targeted for expose their arms and legs, they were attacked for wearing particular items.  Women in this East African country’s three main cities – Lilongwe, Mzuzu, and Blantyre – were accosted and stripped of their trousers, miniskirts, and leggings.  A protest is planned for Friday.

The first signs of unrest appeared on Tuesday, when Lilongwe police arrested 15 men for robbery with violence and malicious damage.  Others in the capital’s market were stripped naked.  Despite warnings not to wear pants in the marketplace, more undressing, all perpetrated in broad daylight, took place on Wednesday.  The attackers have generally been street vendors in the cities’ marketplaces.

As a result of this behavior, women started a protest campaign entitled “Lelo N’kugule, Mawa Undivule?”  Its literal meaning is “Today I buy from you, tomorrow you undress me?”  According to this pact, all women have agreed not to buy anything from street vendors for over a month.  The protest will also end if the perpetrators apologize.  If the attacks continue, they have threatened to conduct a naked protest.

Malawi remains a very conservative country.  Until 1994, when the nation shifted to democracy, women were not even allowed to wear trousers.  Though restrictions on personal and political freedoms have been relaxed, some of the old beliefs remain prevalent.

“We are coming from a one-party state, and people have the traditional values which we had in the past,” Lilongwe resident Veronica Male told the BBC in 2003.  “Right now it’s very difficult for girls and women to put on mini-skirts – they are booed, they are mobbed, they are assaulted.”

On Thursday, President Bingu wa Mutharika gave a national address in which he refuted accusations that he incited the attacks.  He also called himself a champion of women’s rights.

“I have not sent anybody to harass women in the streets.  These people do not have my permission,” he said.  “Every woman and girl has the right to dress the way they wish and there is no law that restricts what they should wear.”

Vice President Joyce Banda spoke about the incidents as well.  She attributes them to general anger about the country’s economic troubles, which include shortages of fuel and foreign currency.

“I have thought very seriously why all this is happening. All Malawians are in a state of hopelessness. There is so much anger, pain and frustrations. There is so much suffering that people have decided to vent their frustrations on each other. This is total chaos and worrisome for all of us, Malawians,” Banda said.

Friday’s protests are expected include a sit-in featuring women wearing trousers, mini-skirts, and leggings, which are Malawi’s latest fashion trend, with white tops, a symbol of peace.  The sit-in, which will take place in Blantyre, will feature interdenominational speakers on the role and inherent value of women in society.

Seodi White, a lawyer and a leading women’s rights activist, said protesters would gather “in solidarity with the victims and to express our indignation at such barbaric treatment of mothers, wives and daughters of our country.”

“We are calling on all women and men of goodwill to urgently converge … for constructive engagement on the protection of women and the defence of their rights in a democratic Malawi,” she said.

For more information, please see:

BBC — Malawian President Backs Women in Trousers after Attacks — 19 January 2012

Daily Times — Government Spits Fire at Thugs — 19 January 2012

Malawi Voice — Breaking News: Mutharika Speaks Out on Women Attack — 19 January 2012

Nyasa Times — All Set for Women Protest against Pants Stripping — 19 January 2012

Nyasa Times — Bingu Denies Inciting Strip Attack on Women — 19 January 2012

Nyasa Times — Women Launch “Lelo N’kugule, Mawa Undivule” Campaign — 19 January 2012

Daily Times — Lilongwe Thugs Strip Women Naked — 18 January 2012

Daily Times — Police Arrest 15 Men for Undressing Women — 18 January 2012

BBC — Malawi Mulls Mini-Skirt Freedoms — 12 November 2003

ICTJ In Focus January 2012 Issue 13

ICTJ in Focus January 2012 Issue 13