UN Human Rights Officials Call for Access to Belarus

September 21, 2011

By Terance Walsh
Impunity Watch Reporter, Europe

GENEVA, Switzerland — Navi Pillay, the United Nations’s human rights chief, called for Belarus to release its detained non-violent political opponents and allow the UN to visit Belarus on a human rights mission. The UN’s demands to Belarus come as concerns grow over the possible torture and violations of free speech perpetrated against political opponents.

UN High Commissioner of Human Rights Navi Pillay (Photo courtesy of Radio Free Europe/Radio Liberty)

Belarus’s treatment of political opponents has been an issue since the nation held its presidential elections in late 2010. Pillay stated that “the human rights situation significantly deteriorated after the December 19, 2010 presidential election.” Belarusian president, the incumbent candidate during the election, Alexander Lukashenko won the election by a landslide. The election was widely disputed as unfair both within the country and throughout Europe. The result sparked protests during which police beat peaceful protestors. Defendants in cases following the elections have reported physical and psychological torture and intimidation of defense lawyers. The UNHRC previously condemned Belarus’s crackdown on opposition in June.

“The authorities have reportedly tightened their already highly restrictive control of the media since December,” the report states. “The authorities have allegedly been conducting a policy of harassment against independent non-governmental organizations (NGOs) and human rights defenders.”

Pillay’s report, most of which comes from secondary sources because UN human rights personnel are not allowed in the country, enumerates violations of “freedoms of association, assembly, conscience, speech, and right to a fair trial.” Furthermore, “Serious allegations of torture and ill-treatment in custody, impunity of perpetrators, violations of due judicial process, lack of independence of judges and pressure on defense lawyers require on-site investigation.”

Mikhail Kvostov, Belarus’s delegate, defended Belarus’s position on the crackdown. Specifically he denies Europe’s classification of post-election protests as “peaceful.” He stated that the European community considered the raiding of buildings to be peaceful while Belarus maintains that such behavior is criminal. Kvostov dismissed the UN’s report as politically motivated and stated that such criticism was not the right approach for dealing with Belarus.

Lukashenko has been in office for seventeen years following his election in 1994. Last month the Belarusian Parliament introduced a bill that would outlaw “silent protests,” including protests consisting of large groups of people who do nothing. Earlier this year a Minsk city court sentenced two former presidential candidates for organizing protests after the reelection. Lukashenko has made efforts to strengthen ties from the west but his regime has traditionally been criticized by the United States Department of State and the UN.

For more information please see:

JURIST — UN Rights Chief Urges Belarus to Release Political Prisoners — 21 September 2011

The Echo — UN Human Rights Officials Call On Belarus to Immediately Release Political Prisoners — 21 September 2011

Expatica — UN Rights Chief Wants Access to Belarus — 20 September 2011

Radio Free Europe/Radio Liberty — UN Human Rights Chief Wants Access to Belarus — 20 September 2011

UN News Centre — Citing Reported Abuses, UN Rights Officials Call On Belarus to Free Political Detainees — 20 September 2011

Pakistan national executed for drug trafficking

September 21, 2011

By: Jessica Ties
Impunity Watch, Asia

BEIJING, China – A Pakistani man, Syed Zahid Hussain Shah, has been executed by the Chinese government after being sentenced to death for a 2008 drug trafficking charge.

A Pakistan national was executed in China for drug trafficking (Photo Courtesy of BBC).

Shah, a 36 year old former businessman, was arrested in 2008 amid accusations of drug trafficking and in 2010 he was sentenced to die by lethal injection.

Amnesty International’s Asia Pacific Director, Sam Zarifi, stated that “executing someone for drug related offences violates internationally accepted standards for imposing the death penalty…”

Zarifi also called on the Pakistani government to “…provide Shah with urgent additional consular assistance.” This request went unheeded as the Pakistani government refused pleas from not only the human rights community but also from the family members of Mr. Shah.

Frustration at the Pakistani governments failure to act was expressed by the Asian Human Rights Commission which stated “it is the primary duty of the Pakistani government to come forward and save the life of any Pakistani citizen who is made a victim because of the wrong advice from him lawyer and the sheer negligence of staff of the Pakistan embassy in Beijing.”

Although the consular assisted Shah during the three years he spent in detention his family believes that the assistance he received was inadequate.

Shah was allowed a half hour visit with his family on the day preceding his execution and one last meeting on Wednesday morning before he was executed at four o’ clock that afternoon.

According to Shah’s family, he had been falsely implicated by business associates whom he was attempting to help at the time of his arrest and was not aware that he was breaking any law.

Although statistics on the death penalty are considered a state secret in China, Amnesty International estimates that thousands of people are executed in China each year and are not provided with clemency procedures after they have exhausted their appeals.

This year the Communist party has cut the number of crimes punishable by death, such as forging tax invoices, from 68 to 55. Of the 55 remaining crimes; however, 31 are non-violent crimes which are still death penalty eligible. An example of China’s willingness to utilize the death penalty is exemplified by the assurance Beijing has given the Chinese public that those who violate food safety laws which result in a fatality will face the possibility of execution.

For more information, please see:

BBC News – China Executes Pakistani Man on Drug Charges – 21 September 2011

The International News – Family Meets Pakistani in China Before Execution – 21 September 2011

Truth Dive – Human Rights Groups Urge China to Stop Pak Convict’s Execution – 21 September 2011

BBC News – China Lobbied Over Pakistan Man’s Imminent Execution – 20 September 2011

Asian Human Rights Commission – PAKISTAN: The Government Should Engage with the President of China for the Commutation of the Death Sentence of Zahid Hussain Shah – 19 September 2011

Hindustan Time – Justice by Death in China – 17 September 2011

Amnesty International – China Must Halt Execution of Pakistan National – 16 September 2011

Amnesty International calls for justice for victims of paramilitary sexual violence in Colombia

September 21, 2011

By Paula Buzzi
Impunity Watch Reporter, South America

BOGOTA, Colombia — Amnesty International released a new report today demanding more action from the Colombian government and justice for women and girls in Colombia who have been long-time victims of physical and sexual abuse through out the country’s 45-year civil war.

Colombia fails victims of sexual abuse. (Courtesy of Colombia Reports).

Despite claims of progress by the Colombia government, Amnesty reports that acts of sexual violence have almost doubled in the past decade. In 2010, the National Institute of Legal Medicine and Forensic Science reported 20,142 cases of sexual crime in Colombia compared to 12,732 cases in 2000. The actual number of sexual crime cases, however, is most likely a much larger number since eight out of ten cases typically go unreported by victims due to fear or shame.

Susan Lee, a director at Amnesty International, stated in the report that women are being used as “trophies of war” and that the issue of sexual violence within the military is being swept under the rug by government officials.

Included in the report were gruesome testimonies of emotional and physical suffering by Colombian women who have fallen victim to rape by paramilitary.

Shirley (name change) came forward in 2008 and told her story “so people would know this sort of thing happens.” She stated that she was raped continuously by over 35 men for three months in 2005 until she managed to escape. None of the men she identified to authorities, however, are in jail.

“I couldn’t even tell when I was having my period, because I bled all the time. There were so many men,” she stated.

In response, the Colombian government placed Shirley in “safe housing” with other victims and — ironically– her rapists that had left the paramilitary years earlier.

Other testimony include that of women who were raped and tortured for attempting to report crimes of sexual violence to the authorities. According to a victim, although the Office of the Attorney General rehoused her, she was only afforded protection for a year and then kicked out of the protection program.

Obstacles to justice for women of sexual crime include: a lack of political and historical tradition of taking initiative in addressing these crimes, poor judicial training, and the fact that rape is not considered a crime under International law.

Amnesty International is calling for the International Criminal Court to step in and take action if the Colombian authorities continue to make crimes of sexual violence by armed men an invisible issue.

For more information, please see:

Amnesty International – Colombian authorities fail survivors of sexual violence – 21 September 2011

BBC News – Amnesty: Colombian women treated as ‘war trophies’ – 21 September 2011

Colombia Reports – Colombia is failing victims of sexual violence: Amnesty International – 21 September 2011

Trust Law – Colombia failing victims of sexual violence- Amnesty – 21 September 2011

United Kingdom Amends Outdated War Crimes Law

September 21, 2011

By Greg Hall
Impunity Watch Reporter, Europe

LONDON, England – After World War II, the United Kingdom (UK) passed a law that would enable anyone, even private individuals, to apply for an arrest warrant. The arrest warrant could be issued to anyone, whether or not the alleged crimes took place in the UK or not. The warrant, if issued, would bring that person back to the UK to be prosecuted upon approval of the Attorney General. An amended version of the law, which took effect last Thursday, limits the rights of citizens to seek the arrests of foreign politicians accused of allegedly committing war crimes.

Former Israeli foreign minister Tzipi Livni. (Photo courtesy of The Guardian)

Problems arose with the original law because of the very low standard of proof needed for an arrest warrant to be issued. Such problems included the alleged wrongdoer being needlessly put under public scrutiny and individuals purposely making allegations to tarnish another’s reputation. Even the Pope was threatened. An arrest warrant, which was later dropped, was even issued to such high profile officials as former Israeli foreign minister Tzipi Livni.

The new law is likely to ameliorate British-Israeli relations. After fears that Livni could have been arrested had she not cancelled a trip to the U.K. in 2009, Israel stopped sending delegations to Britain and demanded that Britain amend the law. Israel’s fear stemmed from pro-Palestinian activists seeking arrest warrants for Israeli officials.

The amended bill will still allow for arrest warrants to be issued in countries outside the UK as if the crimes took place in the UK under the banner of “universal jurisdiction.” However, before any arrest warrant is issued, the consent of the Director of Public Prosecutions will be required. Ideally this will raise the level of scrutiny on allegations and raise the standard of evidence required for an arrest warrant to be issued. The goal is to reduce the number of unmerited claims and maintain integrity in the criminal justice system.

“We are clear about our international obligations and these new changes to existing law will ensure the balance is struck between ensuring those who are accused of such heinous crimes do not escape justice and that universal jurisdiction cases are only proceeded with on the basis of solid evidence that is likely to lead to a successful prosecution,” said U.K. Justice Minister Kenneth Clarke.

The impetus behind the original version of the law was the notion that some crimes are too heinous to go unpunished. The amended law seeks to maintain that intent and purpose but will also put an end to allegations that have no real chance of succeeding.

British Ambassador to Israel Matthew Gould emphasized that the UK remains committed to ensure those guilty of war crimes will be brought to justice. He stated, “The Police Reform and Social Responsibility Act, which has now received Royal Assent, includes an important amendment to ensure that the UK’s justice system can no longer be abused for political reasons, the change will ensure that people cannot be detained when there is no realistic chance of prosecution, while ensuring that we continue to honour our international obligations.”

For more information, please see:

UK Human Rights Blog – War Crimes Arrest Warrant Law Changes – 15 September 2011

YNet News – UK Amends Law That Allows Arrest of Israeli Officials – 15 September 2011

Reuters – UK law on rights arrests ends row with Israel – 15 September 2011

The Guardian – British Court Issued Gaza Arrest Warrant for Former Israeli Minister Tzipi Livini – 14 December 2009

Ghana Moves to Abolish “Witch” Camps

September 21, 2011

By Carolyn Abdenour
Impunity Watch Reporter – Africa

ACCRA, Ghana – Last week, Ghanaian leaders and civil society groups gathered at the Towards Banning “Witches” Camps conference to develop a plan to abolish the six witch camps in the Northern Region. Women and children reside in these witch camps after their communities banished them based on witchcraft accusations. Deputy Minister for Women and Children’s Affairs Hajia Hawawu Boya Gariba plans to develop legislation to close witch camps, reintegrate women into their communities, and outlaw accusing women of being a witch.

Pajoe, a woman accused of witchcraft, with Gladys Lariba, Gambaga Outcast Home manager. (Photo Courtesy of Witches of Gambaga)

However, witchcraft is not limited to the Northern Region. Last year, five adults burned a 72-year old woman to death in Tema, a suburb of Ghana’s national capital Accra, because they believed she was a witch. Another woman suffering from Alzheimer’s disease was tortured in Accra under witchcraft accusations after she got lost in the city.

Accusing a woman of witchcraft violates Section 5 of Ghana’s 1992 constitution, which ensures human rights and makes cultural practice that dehumanizes or injures the physical or mental health of a person illegal. The constitution also states that a person is not guilty of a crime until a court of competent jurisdiction proves guilt.

A community member accuses the women of witchcraft when a sudden death, misfortune, or calamity occurs in the community, or based on the woman’s behavior resulting from old age, menopause, or psychological disorders. A woman can be stoned, lynched, tortured, or banished from her community when she is accused. After she is accused, the woman receives a trial to determine if she is a witch. The trial consists of cutting the head off a chicken. If the chicken lands face down or on its side, the woman is guilty. If it falls on its back, the woman is innocent.

Once the trial is complete, the woman returns to her home or builds a new home at a “witch” camp. The woman settles into a thatched mud hut with her possessions and children until she can reintegrate into her community, if ever.

Yaba Badoe directed and co-produced the film Witches of Gambaga. This film depicts the stories of the women in the Gambaga Outcast Home in the Northern Region of Ghana.

Regarding the witchcraft accusations in Ghana, Ms. Gariba said, “The labeling of some of our kinsmen and women as witches and wizards and banishing them into camps where they live in inhuman and deplorable conditions is a violation of their fundamental human rights.”

For further information, please see:
Yaba Badoe – Witches of Gambaga –21 Sept 2011
GBC News – Abolish Witch Camps – 21 Sept 2011
Christian Science Monitor – Ghana aims to abolish witches’ camps – 15 Sept 2011
Ghanaian Chronicle – My Grandma is Not a Witch – 12 Sept 2011