PRISTINA, Kosovo – A European Union judge has charged ten former fighters of the Kosovo Liberation Army, including a senior Kosovo politician and former rebel leader Fatmir Limaj. According to the court papers, Limaj is charged with ordering the execution of two former Serbian policemen and torturing a third. The crimes allegedly took place between early 1999 and June of 1999 when Kosovo came under U.N. and NATO control.
Former ethnic Albanian rebel commander Fatmir Limaj. (Photo courtesy of ctv.ca).
Initially the EU issued an arrest warrant for Limaj but retracted the warrant after protests from Kosovo authorities who claimed Limaj was protected by immunity as a member of Kosovo’s parliament.
Limaj contends he is innocent and was not even in the area when the alleged war crimes took place. He stated, “everyone knows I am innocent and that I was in Albania during the time that I am being accused of. The Kosovo Liberation Army staff know of this.”
Limaj has stated before that he has no regrets over his past as a member of the ethnic Albania guerilla movement that fought a separatist war against Serbia. Limaj’s attorney said there is no date set for trial.
In 2005, a U.N. war crimes court cleared Limaj of charges alleging he tortured and killed ethnic Albanian detainees in a prison camp in central Kosovo. The court said there was not enough evidence to prove the allegations. Currently, Limaj is also under investigation for alleged embezzlement of public funds when he served as transport minister in Kosovo’s previous government.
Seventy-two days of NATO airstrikes ended the conflict between the Kosovo Liberation Army and the Serb forces. Since then, Kosovo has been governed by the United Nations and the European Union. The Kosovo government has gradually assumed more powers and three years ago declared its independence from Serbia. However, Serbia does not recognize Kosovo’s independence along with Russia and China.
By Zach Waksman Impunity Watch Reporter, Middle East
DAMASCUS, Syria – Monday marked a step forward for the rights of those detained by the Syrian government since protests against the regime of longtime President Bashar al-Assad began in mid-March. During a meeting with Jakob Kellenberger, president of the International Committee of the Red Cross (ICRC), Syria agreed to grant the ICRC access to its primary prison facility.
Two prisoners give defiant "thumbs up" as fellow detainees gather behind them in their shared prison cell. (Image courtesy of Al Bawaba)
This recent breakthrough comes on the heels of new information on what happens inside the detention facilities. Last week, Amnesty International released a report on the treatment of detainees, whose number may run into the tens of thousands over just the past six months. Highlights of the report include eyewitness accounts of beatings using both bare hands and occasionally weapons, and the use of electric shock on prisoners. A minimum of 88 people are reported to have died in Syrian prisons between April 1 and August 15 alone, including 10 teenagers. Amnesty International said evidence existed that 52 of those deaths were connected to torture of some form. Syria denies that torture took place.
The results of the meeting provide limited access for the time being. For now, the ICRC will only be able see people who were detained by the Minister of the Interior. Kellenberger was optimistic of the possibility to expand the visits in the future. “[W]e are hopeful that we will soon be able to visit all detainees,” he said.
Kellenberger also met with Syrian Walid Muallem Foreign Minister. In a statement released by SANA, the country’s state-run news agency, Muallem emphasized that there was no shortage of access to medical care. Despite recent claims that people had difficulty gaining such access, he said that the public hospitals were “constantly ready [to] provide the required medical services for all the citizens.” He also said he was grateful for the efforts of the Syrian Arab Red Crescent Organization, which had been invaluable in ensuring present needs were met.
While he spoke with Assad, Kellenberger said they “the rules governing the use of force by security forces in the current situation and the obligation to respect the physical and psychological well-being and human dignity of detainees.”
He reiterated that topic while talking to Muallem and other top Syrian officials.
A news release from SANA issued today said that Assad also embraced the ICRC’s visit. Assad, it claimed, considered it vital that the detention center be directly examined so that alleged media distortions of what happens there could be rectified. Continuing further, he said he “welcomed the Committee’s work as long as it remains independent and objective and is not politicized.”
The visit will give the Red Cross the chance to talk directly to detainees about their treatment in the facility. It will also be able to request that Syrian authorities improve prison conditions and tell families about the fate of those detained.
While this news is promising, do not expect to learn exactly what the ICRC finds. It told the BBC that, as a general rule, it does not release details of its findings during prison inspections to the public because it thinks revealing that information might limit future access to the facilities.
By Paula Buzzi
Impunity Watch Reporter, South America
MONTEVIDEO, Uruguay – Several Uruguayan troops on a U.N. peacekeeping mission in Haiti are being investigated after a video captured on a cell phone revealed what appears to be a young local man being physically and possibly sexually assaulted by at least five Uruguayan troops.
Video captured on a cell phone show graphic images of physical and sexual abuse by Uruguayan peacekeeping troops. (Photo Courtesy of Aljazeera).
The video, which lasts approximately one minute, shows a half-naked man of approximately 18 years of age being pinned down and physically assaulted on a mattress by several Uruguayan troops in camouflage. The video was filmed at a U.N. base in Port-Salut and was recently posted on the internet.
Kieran Dwyer, U.N. peacekeeping spokesman, in a statement said that the U.N. acted immediately after first hearing about the incident and has launched an urgent investigation.
Uruguayan Defense Minister, Eleuterio Fernandez Huidobro, confirmed that the National Defense Ministry has also opened up an investigation and is ordering the return of the Armed Forces members from Haiti as well as the replacement of the Chief of the Naval Contingent. The navy commander in charge of the troops involved has also been recalled to Uruguay.
According to a statement made by Uruguayan Defense Ministry, if found guilty, those involved could face dishonorable discharge from the navy and lose their retirement rights.
Haitian President Michel Martelly, in a statement released late on Sunday, stated that: “The Presidency vigorously condemns this act which revolts the nation’s conscience and awaits a detailed report establishing the exact facts and circumstances.”
Martelly has urged that a meeting be set up between Haitian authorities and U.N. mission leaders to discuss ways to prevent any more acts of abuse.
U.N. began the peacekeeping mission in Haiti in 2004 after former President Jean-Bertrand Aristide was forced into exile.
Tensions between the locals and the U.N. peacekeepers, however, have been on the rise for the past couple of years. Last year, peacekeepers from Nepal were accused of causing the deadly cholera epidemic, which resulted in over 6,200 deaths and hospitalized more than 438,000.
Angry over the recent events, local residents have already begun demonstrations calling for the ousting of all U.N. peacekeepers.
By Ryan T. Elliott Impunity Watch Reporter, North America/Oceania
PORT OF SPAIN, Trinidad–Over the years, Trinidad has earned a reputation as one of the most prosperous countries in the Caribbean due to its large petroleum and natural gas production, international business investment, and growth rate per capita. But, as of late, Trinidad is making headlines not for its economic prosperity, but as a country trying to deal with a dramatic increase in violent crime. Trinidadian Prime Minister Kamla Perad-Bissessar has declared a state of emergency due to the country’s extensive crime wave.
Prime minister Kamla Perad-Bissessar (Photo courtesy of the Trinidad Express)
In a formal statement reported by the Trinidad Express, Prime Minister Perad-Bissessar declared that “The entire nation has been rocked with the recent tragic news of the spate of murders over the past few days. The situation has reached proportions which the government must respond to in the most definitive manner possible.” Accordingly, a strict 9 p.m. to 5 a.m. curfew has been imposed, which started on August 21st in Port of Spain and includes major towns and cities. The emergency grants special powers to the police and army, including making searches and issuing arrests. 5,000 military members will be assisting in the implementation of the curfew.
The previous minister refused to declare a state of emergency due to rising violent crime because he believed that it might worry investors and hurt the growing economy. However, last year the murder rate was 36 per 100,000. For a country of only 1.3 million people, that rate is substantially higher than other countries. It is nearly seven times the rate of murders experienced in the United States, for example. Due to the recent swell in violent crime, Trinidad is expected to have an increase in its murder rate from the previous year.
Many recognize Trinidad as a transshipment point for South American drugs headed to the U.S. and Europe. Authorities advised Prime Minister Kamla Persad-Bissessar that Trinidad’s increase in murders was due, in part, to the discovery of large drug hauls including one seizure of cocaine valued in excess of twenty million dollars. When that amount of money disappears from the drug trade, it does not happen without consequences.
Trinidad may be imitating Jamaica’s response to gang violence. In May of 2010, Jamaica was forced to impose a similar state of emergency for nearly two months. As a result, the government of Jamaica detained a number of criminals, reducing the murder rate by more than 40%. While the success of Trinidad’s measures remains to be seen, the assertive measures have already achieved some impressive and promising results. According to a telephone interview with the New York Times, foreign minister, Surujrattan Rambachan stated that killings stemming from the drug trade have slowed dramatically and enabled authorities to arrest 58 gang leaders.
Residents of Trinidad are supportive of the measures; however, some remain skeptical because of the limitations being placed on their rights and liberties. While the government of Trinidad and Tobago insists that this aggressive strategy is necessary in order to prevent the nation from being held ransom by gang violence, the Prime Minister is “confident that they will recognise and appreciate the need to protect them and bring the current crime surge affecting them under control.”
By Adom M. Cooper Impunity Watch Reporter, Middle East
ANKARA, Turkey–After its disgust and continued severing of ties with Israel, Turkey has formally declared that it will apply sometime next week for an investigation by the International Court of Justice (ICJ). This application arises over concerns that Israel’s naval blockade of Gaza is illegal. In addition, Foreign Minister Ahmet Davutoglu confirmed, through Turkish state-run television, his nation’s support for efforts to win recognition for a Palestinian state through the United Nations.
The Turkish vessel, Mavi Marmara. (Photo Courtesy of NYT)
“All military agreements have been suspended. Our aim here is not to hurt the historical friendship between Turkey and Israel, but, on the contrary, to redirect the current Israeli government as to correct a mistake that does not correspond with their exceptional friendship.”
On 02 September, Turkey continued to separate itself from Israel by ejecting Israel’s ambassador, Gabby Levy, and freezing military agreements with Israel. This separation comes after a UN report detailed the killing of nine individuals, eight Turks and one American of Turkish-descent, during an Israel raid on a Gaza-bound ship nearly 16 months ago.
The Israeli navy intercepted Mavi Marmara, the Turkish-flagged ship, in international waters as it was trying to reach Gaza’s coast on 31 May 2010. The nine individuals who lost their lives were reportedly pro-Palestinian activists. The deaths of these nine individuals did not elicit an apology from Israel in any fashion.
Israeli military officials reported that its commandos fired live rounds only after being attacked with the likes of clubs, knives, and guns. But activists on board Mavi Marmara said that the commandos started firing from the moment that they hit the deck.
Israeli Deputy Foreign Minister Danny Ayalon has held the position since the incident that his country has nothing to apologize for, although expressed “regret for the loss of life.” He shared these sentiments about the developing situation.
“They were not ready for a compromise and kept raising the threshold. I think we need to stay to the Turks: as far as we are concerned, this saga is behind is. Now we need to cooperate. Lack of cooperation harms not only us, but Turkey as well.”
The UN Secretary-General has urged Turkey and Israel to improve their diplomatic ties and that both sides should accept the recommendations of the UN report. Turkey has continually held the position that Israel should end its blockade of Palestinians residing inside Gaza.
Former New Zealand Prime Minister Geoffrey Palmer and former Colombian President Alvaro Uribe prepared the UN report. But Turkish Foreign Minster Davutoglu made the point that the report had not been endorsed by the UN and consequently, was not binding. Thus, Turkey is in pursuit of the ICJ.
“What is binding is the ICJ. This is what we are saying: let the ICJ decide.”
The UN report detailed that Israel’s decision to board the vessels “with such substantial force at a great disctance from the blockade zone and with no final warning immediately prior to boarding was excessive and unreasonable.” The report came to the conclusion that the Israeli blockade was a “legitimate security measure in order to prevent the entering of weapons into Gaza by sea.”
Turkish Foreign Prime Minister Davutoglu firmly disagreed with this conclusion and noted that it directly contradicted the UN Human Rights Council’s findings. Also, Turkish officials have declared that they will pursue criminal charges against Israeli officials responsible for the killings.
“We will start the application process to the International Court of Justice within the next week, for an investigation into what the Gaza blockade really is.”
Israeli Prime Minister Benjamin Netanyahu had strong words regarding the situation.
“We do not need to apologize that the naval commandos defended themselves against the violent activists. I hope a way can be found to overcome the dispute with Turkey. Israel never wanted its relations with Turkey to deteriorate and now too Israel is not interested in a deterioration in relations. But as well as this I repeat: The state of Israel expresses regret at the loss of life.”
Turkish Prime Minister Recep Tayyip Erdogan, revered in the much of the Muslim world for lionizing the Palestinian plight, is expected to take a trip to Egypt later this month that could further increase tensions with Israel. There is widespread speculation that Erdogan will travel to Gaza through Egypt’s Rafah border crossing as a political statement.
Foreign Minister Davutoglu issued a warning that the dormant democratic forces awakened by popular unrest in the Middle East would certainly fester hostility towards Israel unless it changed its policies.
“Israel has to make a choice; the Arab Spring will bring about a significant enmity against Israel it if fails to change its attitude regarding regional issues.”
It is evident that Turkey’s solicitation of the International Court of Justice may have regional consequences that reverberate much further than its current disagreement with Israel.
