EU Takes Stance Against Hungary’s “Unconstitutional Constitution”

By Terance Walsh
Impunity Watch Reporter, Europe

BUDAPEST, Hungary — The European Union has assumed a hard line stance against Hungary’s controversial political reforms.  The EU accuses the Hungarian government of violating democratic rights with its new constitution.  Hungarian authorities dismissed the accusations and await the EU’s explanation for why it so staunchly opposes the new constitution.

Hungary's new constitution has come under fire from EU officials (Photo courtesy of AFP)

Hungary’s new constitution, which was adopted at the end of 2011, contains provisions that limit the independence of the central bank, the judiciary, and the media.  Critics say the new laws are a sign of emerging authoritarianism that block the road back to democracy.

The European Commission, the EU’s executive arm, released a statement calling for reform in the Hungarian government.  “The commission recalls that a legally stable environment, based on the rule of law, including respect for media freedom, democratic principles and fundamental rights, is also the best guarantee for citizens’ trust and confidence of partners and investors.  This is particularly vital in times of economic crisis. The swiftest way to lay to rest the concerns mentioned would of course be action by the Hungarian authorities themselves.”

For example, one provision of the new constitution gives the Prime Minister the power to appoint vice presidents of the Hungarian central bank.  Previously the president of the bank himself began the appointment process by nominating a candidate for the position.  This power is no more, thus depriving the central bank of its independence and giving greater power to the government.

Hungary also now has mandatory retirement rules that the government can use to oust judges and prosecutors.  This, critics say, eviscerates the independence of the judiciary.

The EU stands opposed to the new constitution and threatens legal action if the constitution is not reformed.  EU officials allege that there are a “number of the new provisions may violate EU law.”  If found in violation of EU law, the EU “reserves the right to take any steps that it deems appropriate, namely the possibility of launching infringement procedures.”

Hungary has dismissed the accusations.  The Prime Minister Viktor Orban objected to the European Commissions admonishment of Hungary, saying the criticism of the new constitution was not “convincing.”  He said, “Our general approach is that we are open and flexible, we are ready to negotiate all the points but what we need is not political opinion but arguments…. And when the arguments on behalf of the EU are convincing that it’s better to accept and follow that line, there is no reason not to do that.”

At a time when the Eurozone is struggling to stave off economic crisis, Hungary will likely have to bow to EU demands.  Hungary cannot afford to alienate the EU at this time.

Zoltan Arokszallasi, an economist for Erste Bank Hungary in Budapest, opines that Hungary will have to take steps to be amenable with the EU’s requests.  “It is likely the government will take adequate steps,” Mr. Arokszallasi said. “From a financial point of view there is no alternative.”

For more information please see:

The Star — EU Ready To Hit Hungary — 13 January 2012

CBS Money Watch — Hungary Awaits EU, IMF Argument Against New Laws — 12 January 2012

New York Times — European Union Gives Hungary An Ultimatum — 12 January 2012

Reuters — Hungary PM: Waiting For EU’s Arguments On Disputed Laws — 12 January 2012

Wall Street Journal — EU Hardens Line In Hungary Fight — 12 January 2012

Washington Post — Summary Box: Hungary’s Prime Minister Dismisses EU’s Opposition To Country’s New Constitution — 12 January 2012

New York Times — The Unconstitutional Constitution — 2 January 2012

Fledgling South Sudan Faces Humanitarian Crisis

By Zach Waksman
Impunity Watch Reporter, Africa

JUBA, South Sudan – Six months after its recognition as a sovereign state, South Sudan already faces a massive humanitarian crisis.  Since then, long-dormant ethnic tensions have resurfaced in the newly independent country.  Thousands of people have died, and efforts to stem the tide of bloodshed have failed.  Thursday, Murle youths from Pibor County killed 37 people in Uror County of Jonglei State.

Displaced Pibor residents make their way home following last week's attack by Lou Nuer fighters. (Photo courtesy of the New York Times)

The Murle and Lou Nuer, rival ethnic groups in Jonglei State, have a long-standing conflict that subsided in 2009 for purposes of gaining independence for South Sudan.  But in August, only a month after independence became reality over 600 Lou Nuer died at the hands of Murle forces, who also abducted dozens of children.  On January 3, 2012, John Boloch of South Sudan’s Peace and Reconciliation Commission told the BBC that he estimated at least 150 deaths during the first two days of the year.  Pibor was a particular nexus of the conflict, with 6,000 Lou Nuer fighters surrounding the town last week.  That outnumbers the combined forces of the country’s army and a contingent of peacekeepers from the United Nations.

Due to this lack of firepower, the UN felt that, other than warning villagers of the coming assault, which the Lou Nuer publicly announced prior to their attack, it could not do anything to protect the Murle from its rival.

“Protection of civilians in the rural areas and at larger scale would only have been possible with significantly more military capacity,” said Hilde F. Johnson, head of the UN mission in South Sudan.

Part of the problem may be that politicians in the area used incited violence for their own gains.  Boloch wondered why peacekeepers were protecting government buildings instead of people. Government spokesman Dr. Barnaba Marial addressed the media earlier this week, announcing that the government was forming a committee to investigate and arrest those who used their positions for such a purpose.

“[T]hose politicians trying to incite conflicts between our communities are warned that this is not the way to do it,” he said.  “There are certain politicians who are trying to agitate for demonstration. Please let us help our government to develop instead.”

Because of the conflict, which has claimed an estimated 2,000 lives, many have fled Pibor and the surrounding area.  According to Liz Grande, humanitarian affairs coordinator of the UN office for Coordination of Humanitarian Affairs (UN-OCHA), at least 60,000 South Sudanians have been displaced from Jonglei, with still more fleeing as best they can.  Addressing the situation will be difficult, as South Sudan lacks an extensive road system that would make delivery of aid easier.  It will instead have to be brought in by air, which is much more expensive.  Grande called the present situation the worst humanitarian crisis the region has faced since the signing of a peace agreement six years ago.

“This emergency operation is going to be one of the most complex and expensive in South Sudan since the Comprehensive Peace Agreement was signed in 2005,” Grande said.

For more information, please see:

Gurtong Trust — 37 Killed in Uror County of Jonglei State — 12 January 2012

Gurtong Trust — Government Warns Politicians over Conflict Instigation — 12 January 2012

New York Times — Ethnic Killings Fray Unity Marking Birth of South Sudan — 12 January 2012

Voice of America — South Sudanese Continue to Flee Violence Along Border — 09 January 2012

New Nation — South Sudan Facing Worst Humanitarian Crisis since CPA — 08 January 2012

BBC — South Sudan’s Jonglei Clashes: UN Begins Aid Effort — 07 January 2012

BBC — South Sudanese “Massacred” after Fleeing Pibor — 03 January 2012

A Decade of Gitmo, A Decade of Shame: We Must Close This Symbol Of Torture

By Morris Davis And Rev. Richard Killmer
Originally published by The New York Daily News on 11 Jan 2012

One of us is a career military officer and former chief prosecutor for the military commissions at Guantanamo Bay, Cuba; the other is a minister and the executive director of an interfaith coalition.

We have seen the power of symbolism.

Religious symbols inspire people of faith to do good and courageous acts. Some religions even see God in their symbols.

An American military uniform has always symbolized honor and humanity. When Iraqi troops encountered American soldiers during the Persian Gulf War in 1991, tens of thousands of Iraqis lowered their weapons and rushed forward to surrender rather than fight. The Iraqis knew the U.S. military’s reputation, and by surrendering, they felt certain they would be ensured humane treatment.

But a symbol can also be destructive. The power of negative symbols to foment harm is at least as great as the power of positive symbols to foster good.

The detention camp at Guantanamo, opened 10 years ago today, stands as an internationally recognized symbol of a dark period in our nation’s history. For a country built on a foundation of courage and hope, one that is supposed to stand as a bright light on a hill and an example for the world to follow, Guantanamo symbolizes the exploitation of fear that enabled some to say no to the rule of law.

In the months between the terrorist attacks on 9/11 and the arrival of the first prisoners at the detention camp, Bush administration lawyers worked to rationalize turning our backs on what for two centuries was America’s unique strength — the law. The results of their work led to conclusions that detainees in the fight against terrorism were neither criminals nor prisoners of war and therefore had no rights under the laws of war or the Constitution — and that interrogation methods that did not produce pain equal to death or major organ failure did not rise to the level of torture.

Many of those interrogation methods — including the simulated drowning known as waterboarding — were practiced on suspected terrorists held in legal limbo at Guantanamo Bay.

Although President Obama banned torture shortly after taking office — and pledged to close the Guantanamo Bay detention camp within a year of becoming President — the facility remains open. Congress has resisted bringing detainees to the U.S. to be held and tried; Obama has failed to win the argument.

This is an outrage. The enduring, infamous symbolism of Guantanamo weakens our influence around the world and puts our troops and our citizens abroad in danger.

Even now, as we continue to hold 171 prisoners in indefinite detention on Cuban soil at our prison at Guantanamo, we undermine the credibility of our demand for the Cuban government to release American Alan Gross from two-plus years of confinement in a Cuban prison. How then, do we condone the continued indefinite detention on the other side of the island of so many people who have not been charged with crimes — or even, in the case of 89 of them, have been approved for release?

We may have allowed a legitimate fear of terrorism to cause the needle of our collective moral compass to waver for a moment, but our fundamental principles remain centered on true north. As a nation founded on religious and moral values, we cannot begin to move past the shameful symbol of the past decade until we ensure that U.S. government-sponsored torture never occurs again.

We take a major step on that path when we turn out the lights at Guantanamo.

Davis is former chief prosecutor for the military commissions at Guantanamo Bay and is now on the faculty of the Howard University School of Law. Killmer is executive director of the National Religious Campaign Against Torture.

R2P Monitor January 2012 Issue 1

R2P Monitor January 2012

Report Wants Investigation and Prosecution of Bush Administration Officials

By Brittney Hodnik
Impunity Watch Reporter, North America

WASHINGTON, United States – On 2 January 2012, Human Rights USA released a report detailing planned and authorized acts of torture against terror suspects.  After the September 11 attacks, many terror suspects were detained and unlawfully treated.  These alleged acts of torture were in violation of domestic and international law.

Guantanamo Bay has now been open for 10 years, many detainees remain there. (Image Courtesy of Associated Press)

The 270-page report is entitled Indefensible: A Reference for Prosecuting Torture and Other Felonies Committed by U.S. Officials Following September 11th.  It outlines all of the evidence that indicates illegal interrogation techniques under the Bush Administration.  According to a press release from Human Rights USA, the report is a multi-year collaborative effort between Human Rights USA and the International Human Rights Law Clinic at American University in Washington, D.C.

According to the same press release, the courts still have not held a top government official accountable for any act of torture.  Although some torture survivors have sought judgments against these officials, none has prevailed.

Although the Bush Administration authorized this kind of lawless behavior, the Obama Administrations has similarly failed.  Obama has not investigated these allegations of torture and other inhumane treatment, nor created a Special Counsel for its investigation.

This report was released less than two weeks before Guantanamo Bay’s 10th anniversary of opening.  Although President Obama set a deadline to close Guantanamo, no detainee has left in over a year because of restrictions on transfers, according to USA Today.  Furthermore, indefinite military detention has now become enshrined in U.S. law.

Allison Lefrak, litigation director of Human Rights USA said, “Our country’s legal system relies on the fundamental principle that no one is above the law – even top government officials.”  She believes that nothing will be fixed until the responsible officials are actually held accountable for their actions.

“Repudiation of torture and accountability for the government officials who authorized it is essential in order to restore the rule of law in the United States and prevent similar acts of torture from being repeated in the future,” she said.

Just one example of supposed torture victims is Saudi national, Mohammed al-Qahtani.  He claims he was the victim of “torture and other profoundly cruel, inhuman, and degrading treatment,” according to Newser.  His lawyers are calling for the release of ‘sickening’ videos of his torture at Guantanamo Bay.

Overall, the report is a cry for help; it seeks to encourage people to recognize the atrocities that happened under the Bush Administration after the horrendous attacks on September 11.  Furthermore, the report seeks to point out the current administration’s avoidance of prosecuting those individuals in power.

The full report can be found at: Indefensible

For more information, please visit:

Human Rights USA – Press Release — 4 Jan. 2012

Newser — ’20th Hijacker’ Sues for Gitmo Torture Tapes — Videos are Sickening Says Lawyer — 11 Jan. 2012

USA Today — Guantanamo Closure Hopes Fade as Prison Turns 10 — 11 Jan. 2012