War Crimes Prosecution Watch, Vol. 6, Issue 19 — December 19, 2011

Vol. 6, Issue 19 – December 19, 2011

 

INTERNATIONAL CRIMINAL COURT

Central African Republic & Uganda

Darfur, Sudan

Democratic Republic of the Congo

Kenya

Libya

Cote d’Ivoire (Ivory Coast)

AFRICA

International Criminal Tribunal for Rwanda

Special Court for Sierra Leone

EUROPE

Court of Bosnia & Herzegovina, War Crimes Chamber

International Criminal Tribunal for the Former Yugoslavia

Domestic Prosecutions In The Former Yugoslavia

MIDDLE EAST AND ASIA

Extraordinary Chambers in the Courts of Cambodia

Special Tribunal for Lebanon

Bangladesh International Crimes Tribunal

NORTH AND SOUTH AMERICA

United States

TOPICS

Terrorism

Piracy

Gender-Based Violence

REPORTS

UN Reports

NGO Reports

TRUTH AND RECONCILIATION COMMISSIONS

Canada

Kenya

Nepal

Thailand

COMMENTARY AND PERSPECTIVES

WORTH READING

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War Crimes Prosecution Watch is a bi-weekly e-newsletter that compiles official documents and articles from major news sources detailing and analyzing salient issues pertaining to the investigation and prosecution of war crimes throughout the world. For more information about War Crimes Prosecution Watch, please contact warcrimeswatch@pilpg.org.

Congolese Opposition Leader Holds Self-Inauguration; Security Forces’ Behavior since Election Announcement Questioned

By Zach Waksman
Impunity Watch Reporter, Africa

KINSHASA, Democratic Republic of Congo – Etienne Tshisekedi, Congo’s opposition leader, held an inauguration ceremony for himself as president of the central African country on Friday.  The ceremony, which happened three days after the inauguration of President Joseph Kabila, serves as a sign of his disregard for the results of last month’s election, officially decided in favor of Kabila.  Originally scheduled to take place at Stade des Martyrs, the event was moved to Tshisekdi’s home after police prevented both Tshisekedi and his supporters from attending.

A soldier in the Congolese army stomps on a member of Etienne Tshisekedi's Union for Democracy and Social Progress (UDPS) during efforts to break up a peaceful protest on December 14. (Photo courtesy of Getty Images)

Tshisekedi’s Union for Democracy and Social Progress (UDPS) party invited supporters, journalists, and diplomats to attend the event, but police acted to disperse would-be attendees.  Several were arrested as they attempted to enter the stadium, and others were subjected to stun grenades.  No injuries were reported.  The government banned the ceremony itself and dispatched heavily armed security forces around the stadium, which is located in an area of Kinshasa that strongly supports Tshisekedi.  The BBC reported that its recording equipment was confiscated.

Opposition supporters also flocked to their leader’s house, where the ceremony eventually took place.  Police cordoned off the streets surrounding it.  They fired tear gas into the assembled crowds at both locations.  Other weapons spotted included water cannons, machine guns, and rocket-propelled grenades.  The military presence was greater in areas that backed Tshisekedi.

Reaction was mixed, with some fearing that this demonstration has the potential to continue what has already been a contentious aftermath to the country’s second ever democratic election.  Last month’s election has been a source of dispute in both the Congo and the international community.  Despite allegations of voter fraud, the country’s Supreme Court confirmed the results on December 16, with incumbent Kabila the victor with 49 percent of the vote, versus only 32 percent for Tshisekedi.  The UDPS party disagreed and considered Kabila’s victory a fallacy.

“Before thinking about the destabilization of the country, we have to think about the truth of the vote,” said Tshisekedi advisor Valentin Mubake.  “The reality of the elections is that Tshisekedi has been elected by the Congolese people.  That [means] the stabilization of Congo and that is reality.”

Before Tshisekedi took the oath at his ceremony, spokesman Albert Moleka introduced him by saying that he had won with 53 percent of the vote.

Government spokesman Lambert Mende called the ceremony a “non-event.”

“It’s an extremely regrettable act,” he said, adding that officials were “saddened” that Tshisekedi “was expressing his frustration over his defeat in this fashion.”

Others connected to the regime concurred.

“Anyone who makes pantomime politics and declares himself president will have to face the law of the land,” said Kikaya Bin Karubi, Congo’s ambassador to the United Kingdom.  “We will not tolerate someone disturbing the peace and thinking his dreams are reality.”

Questions have also arisen over the behavior of Congolese security forces.  On Wednesday, Human Rights Watch reported that they have killed at least 24 people since the results were announced in early December.  The report shows numerous occasions of security forces, including the elite Republican Guard which is tasked with the President’s protection, firing on civilians in an effort to break up potential demonstrations and detaining dissenters.  The Republican Guard does not have the authority to arrest or detain civilians.

When asked by Human Rights Watch, Gen. Charles Bisengimana, the nation’s police chief, said that he could ask the Congolese army for help if police could not maintain order.  He had not done so because Kinshasa had been calm.  He did not expect any need to call on them in the near future.  He also could not explain why the Republican Guard was in Kinshasa, saying that he had no authority over them.

“The callous shooting of peaceful demonstrators and bystanders by the security forces starkly illustrates the depths the government will reach to suppress dissenting voices,” said Anneke Van Woudenberg, a senior Africa researcher for Human Rights Watch. “The UN and Congo’s international partners should urgently demand that the government rein in its security forces.”

For more information, please see:

BBC — DR Congo Police Block Entry to Tshisekedi Inauguration — 23 December 2011

Congo Planet — Tshisekedi Stages Self-Inauguration at Home — 23 December 2011

Guardian — Congo’s Opposition Leader Holds Own Inauguration Ceremony — 23 December 2011

Voice of America — Police in D.R. Congo Fire Tear Gas at Protesters — 23 December 2011

Human Rights Watch — 24 Killed since Election Results Announced — 21 December 2011

Police Infiltrated by Zeta Drug Cartel; Over 800 Officers Fired

By Brittney Hodnik
Impunity Watch Reporter, North America

MEXICO CITY, Mexico – After months of drug related violence, failed protection, and shootings in broad daylight, the Mexican city of Veracruz-Boca Del Rio has fired its entire police force.  The police had become so infiltrated with members of the Zeta drug gang, that there was no other choice.

The navy has taken control of the city since the police have been fired. (Image courtesy of BBC News/AP)

President Felipe Calderon, who took office in 2006, has repeatedly vowed to cut down on organized crime.  The biggest problem however has been with the local police, who are often employed by drug traffickers, according to CBS News.

“It was a fairly high percentage of people infiltrated or in collusion,” an unnamed armed forces official told the Associated Press.

Specifically, marines had already been deployed to help in the area after 35 bodies were found dumped on a busy road in September.  Two weeks later, the navy found another 32 bodies in three different buildings, according to BBC News.  The killings are likely linked to a battle between two of Mexico’s most powerful drug gangs – the Zetas and the Gulf Cartel.

Although other officers have been fired over the last five years for drug related and violence related crimes, this has been the largest crackdown yet.  According to CBS News, 800 officers were fired Wednesday along with 300 administrative personnel.

The Gulf coast city of Veracruz-Boca Del Rio is home to approximately 700,000 people.  In the meantime, about 800 marines or navy infantry are patrolling the port city according to News24.

The state reports that none of the dismissed employees are under investigation for corruption and each of them can reapply for his or her job.  Each applicant will be required to undergo a new program of testing and background checks to prevent future problems, according to News24.

President Calderon leaves office in December 2012 and has promised to develop a more secure police force.  Currently, the Mexican navy is training new officers to replace the recently dismissed officers.  The process is expected to take about ten months.

Mexico has also begun a process to secure police forces throughout the country.  According to the Washington Post, the federal government has been pushing an elaborate process for vetting all of Mexico’s 460,000 police officers, starting with polygraphs, psychological and toxicology tests along with personal and medical background checks.

For more information, please visit:

News24 — Mexico Fires Corrupt Police — 23 Dec. 2011

CBS News — Mexico Port City Police Infiltrated by Zetas Gang — 22 Dec. 2011

The Washington Post — Marine Official Says Fired Police Force  in Mexico Port City was Infiltrated by Zetas Cartel — 22 Dec. 2011

BBC News — Mexico Disbands Veracruz-Boca del Rio Police Force — 21 Dec. 2011

Egyptian Government Targets Female Protesters

By Tyler Yates
Impunity Watch Reporter, Middle East

CAIRO, Egypt — Egyptian security forces and military are targeting female protesters, subjecting them to torture, sexual assault, and threats of rape.  The practices are very similar to those employed pre-revolution say various international and Egyptian human rights organizations.

Women protesters face the double pressure of being activists and female in a conservative male-dominated society (Photo courtesy of Jezebel).

“Nothing has changed overall. Law enforcement officers still feel that they are above the law and that they don’t have to fear prosecution, it’s a green light that legitimizes an excessive use of force, sexual assault and torture,” said Heba Morayef, Egypt Researcher for Human Rights Watch.

Since January, it has appeared that the military was protecting protesters, both male and female, during a revolutionary process that ended in the overthrow of long-time president Hosni Mubarak.  With the power of the government now in the hands of the military critics say that they have resorted to the same sorts of brutality used by the former regime, most notably during protests in 2005 and 2007.

A viral video, filmed recently, shows Egyptian soldiers beating and disrobing a female protester.  At least three men expose the woman’s midriff and bra as they stomp on her stomach and batter her head with batons.  The video has drawn international scorn, including a condemnation of the “systematic degradation” of Egyptian Women by U.S. Secretary of State Hilary Clinton.

“Women protesters have been rounded up and subjected to horrific abuse. Journalists have been sexually assaulted. And now, women are being attacked, stripped, and beaten in the streets,” she added.

“This systematic degradation of Egyptian women dishonors the revolution, disgraces the state and its uniform and is not worthy of a great people.”

In response to this beating thousands of Egyptian women took to the streets in protest.  It was the largest all-female protest since Egypt’s independence, demanding the end of military rule.

The Egyptian government released an apology via Facebook for the beating and expressed “its great regret to the great women of Egypt for the violations that took place” and promising that “all legal measures have been taken to hold accountable all those responsible for these violations.”

There is skepticism about seeing real change come from the government’s response.  There was not explicit order banning or condemnation of violence and sexual assault on female protesters given anywhere in the apology.

The usage of violence against female protesters does have a purpose.  Egypt is a conservative, male-dominated society.  Women are not supposed to express themselves openly in the public sphere.  The violence is likely meant not only to punish those who violate this norm, but also to deter those who might consider speaking out in the future.

For more information, please see:

Afrique en ligne — Egypt urged to prosecute sexual assaults on protesters — 22 Dec. 2011

ABC — Female Protesters Targeted By Egyptian Government, Say Activists — 21 Dec. 2011

Al Jazeera — Egyptians protest against beating of women — 21 Dec. 2011

Huffington Post — Sexual Violence Has No Place in Egypt’s Public Forum — 20 Dec. 2011

European Commission Blocks Export Of Lethal Injection Drugs

By Terance Walsh
Impunity Watch Reporter, Europe

BRUSSELS, Belgium — The European Commission announced a restriction on drugs produced by European manufacturers for use in lethal injection executions.  The restriction marks another widening of the gulf between the capital punishment policy of Europe and the United States and further decreases the supply of an already scarce resource.

A lethal injection room in Alabama (Photo courtesy of The Guardian).

The newly restricted drug, sodium thiopental, is a sedative that has several uses but is commonly used in administering executions.  It can now only be exported from European countries after authorization by national authorities.

The reason for the restriction, according to the European Commission, is to “prevent their use for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment.”

The move was cheered by opponents of the death penalty.  “We need to see a broad, catch-all provision to prevent any drugs from being used in capital punishment in order to ensure Europe is never again complicit in the death penalty,” Anti-death penalty group Reprieve’s director, Clare Algar, said.

The restriction expressly forbids the sale of the drug to countries that currently practice the death penalty.  It is consistent with the unconditional opposition to the death penalty expressed in the European Charter:  “[T]he European Union opposes the death penalty under all circumstances. The Charter of Fundamental Rights of the European Union states that no one shall be condemned to the death penalty, or executed. In this regard, the decision today contributes to the wider EU efforts to abolish the death penalty worldwide.”

The impact of the regulation is yet to be known in countries that practice the death penalty.  States like Ohio, Texas, and Georgia that execute people relatively frequently have taken to using alternative drugs and looking to other countries overseas to meet its demand.  Switching to the use of alternative drugs, however, places a burden on states that want to perform lethal injections by complicating the process of obtaining the drugs and possibly opening legal challenges.

Tuesday’s announcement is the latest in a string of efforts to reduce the supply of drugs used for executions.  In April Great Britain announced a ban on exportation to the United States of three drugs used for lethal injections and an Indian pharmaceutical manufacturer that supplied sodium thiopental to Nebraska announced it would cease supplying the drug to American prison officials.  In July a Danish manufacturer attempted to quell the sale of its drug for executions by making its distributors promise they would not use the drug for that purpose.

Many American prisons have stockpiled execution drugs over the past year in anticipation of restrictions, but Europe’s new regulation will make it more difficult for prisons to replenish supplies in the future.  It is also difficult for regulators to promise that the drugs will not be sold to prison through the back door.  In order to prevent manufacturers from circumventing the regulations, the European Council has retained the power to add other drugs to the ban as it sees fit.

The United Kingdom’s business secretary Vince Cabel supports the new restriction.  “We have led the way by introducing national controls on the export to the United States of certain drugs, which could be used for the purpose of lethal injection. However we have always stated our clear preference for action at EU level and I am pleased that, following our initiative, these steps are now being taken.”

In the United States lethal injections have become the predominant method of executions in recent years.  Earlier this year President Barak Obama made a direct appeal to Germany to supply the drugs, to which German Vice Chancellor Philipp Rosler responded, “I noted the request and declined.”

The death penalty is entirely banned in the European Union and since 2007 the EU has called for a worldwide halt on the death penalty.

For more information please see:

ACLU — Europe Won’t Supply Execution Cocktail To U.S. — 21 December 2011

New York Times — European Union Tightens Exports Of Drugs Used In Executions — 20 December 2011

The Guardian — Europe Moves To Block Trade In Medical Drugs Used In U.S. Executions — 20 December 2011

The Olympian — European Union Restricts Sale Of Execution Drugs — 20 December 2011

Washington Post — European Union Restricts Sale Of Lethal Injection Drugs To U.S., Tightening Scarce Supply — 20 December 2011