No immunity for Rumsfeld in suit regarding tortured U.S. citizens

By Brianne Yantz
Impunity Watch Reporter,  North America

CHICAGO, United States – Two American citizens can sue former Defense Secretary Donald Rumsfeld for torture, the Seventh Circuit Court ruled on Monday.  The two men pursuing the lawsuit, Donald Vance and Nathan Ertel, allege that U.S. Forces tortured them for months after suspicions of illegal activity arose against their employer, a private Iraqi company called Shield Group Security.

Former Defense Secretary Donald Rumsfeld. (Photo Courtesy of AP/BBC NEWS)
Former Defense Secretary Donald Rumsfeld. (Photo Courtesy of AP/BBC News)

Court records revealed that in 2005 Vance and Ertel had begun to suspect that their employer was bribing Iraqi officials and that some employees were engaging in illegal weapons trafficking. Shortly thereafter the two men became FBI informants. In April of 2006, however, Shield Group Security confiscated their credentials and they were left trapped in the Red Zone of war-ravaged Iraq.

After calling their government contacts, Vance and Ertel were assured that U.S. Forces would rescue them. Instead, the two men were arrested and thrown in confinement. According the Herald Sun, the two allege that while detained they were subjected “to violence, sleep deprivation and extremes in light and sound.”

It was further reported by the Chicagoist that the two men were “often deprived of food and water, walled, denied medical care and subject to various forms of psychological torture.”

Vance and Ertel were eventually released; the two men were dropped off at an airport in Baghdad. They were never charged or designated as security risks. They later decided to sue Rumsfeld as well as other unnamed U.S. officials.

Immediately Rumsfeld sought to dismiss the case, arguing he “had immunity for actions taken while working as defense secretary, and that U.S. citizens [could not] sue for violations of their rights that occurred in war zone,” BBC News reported.

However, according to BBC News, the Seventh Circuit reasoned Rumsfeld did not have immunity because the “plaintiffs [had] alleged sufficient facts to show that Secretary Rumsfeld personally established the relevant policies that caused the alleged violations of their constitutional rights during detention.”

The Seventh Circuit’s 2-1 decision affirmed the ruling of the lower district court, which also found that Rumsfeld lacked immunity.

In an interview quoted by the Herald Sun, Vance’s lawyer, Michael Kanovitz, said of the Court’s decision, “it’s important because what the court does here is it affirms the very basis of constitutional doctrine.” He further commented that absolute discretion should not be given to the executive branch.

Meanwhile, Rumsfeld’s lawyer, David Rivkin, quickly denounced the ruling, arguing “it saps the effectiveness of the military, puts American soldiers at risk, and shackles federal officials who have a constitutional duty to protect America,” Courthouse News Service reported.

Although whether Rumsfeld will be found accountable remains to be seen, the Seventh Circuit’s decision comes a week after a district judge in Washington ruled that a former American military contractor, who also alleges he was tortured in Iraq, could sue the former defense secretary.

For more information, please see:

Chicagoist – Court Rules Citizens Allowed to Sue Rumsfeld for Torture – August 10, 2011

Courthouse News Service – U.S. Citizens Can Sue Rumsfeld for Torture – August 9, 2011

Herald Sun – Donald Rumsfeld can be held liable for alleged torture, court rules – August 9, 2011

Wall Street Journal – Donald Rumsfeld Faces Another Torture Lawsuit – August 9, 2011

BBC News – ‘Tortured’ US citizens allowed to sue Donald Rumsfeld – August 8, 2011

Kyrgtyzstan police torture victim dies two days after release

By: Jessica Ties
Impunity Watch, Asia

BISHKEK, Kyrgyzstan – Osmonjon Khalmurzaev, an ethnic Uzbek, died two days after his release from police custody during which time he was allegedly tortured in an attempt to extort money in exchange for his release.

Following June 2010 violence, pictured above, ethnic Uzbeks have been the victims of violence and extortion at the hands of police in Kyrgyzstan (Photo Courtesy of The Telegraph).
Following June 2010 interethnic violence, pictured above, ethnic Uzbek's have been the victims of violence and extortion at the hands of police in Kyrgyzstan (Photo Courtesy of The Telegraph).

According to the victim’s wife, Zulhomor, Khalmurzaev was taken from his home by three police officers dressed as civilians. The police officer’s did not show an arrest warrant and failed to tell his wife where Khalmurzaev would be taken.

After being returned home, Khalmurzaev told his wife that after arriving at the police station the police officers put a gas mask on him and beat him until he lost consciousness.

After regaining consciousness, he was told by the police that he would be framed as a participant in a violent ethnic clash that occurred last June unless he paid them 6,000 dollars. After the police agreed to accept only 680 dollars and the money was paid he was released to his wife and told that they would harm his family if he informed anybody of what had happened. Two days after his release he was taken to a hospital where he died.

A preliminary conclusion by a forensic expert stated that Khalmurzaev died as a result of a broken sternum that had caused one of his organs to rupture. Despite this finding, none of the policemen who had detained Khalmurzaev have been questioned or suspended from their work although local authorities have opened an investigation.

The attack at the Sanpa factory was part of an ethnic clash that took place last June. As a result of the clash more that 400 people were killed and many Uzbek neighborhoods were ruined. The Uzbek’s have been forbidden to rebuild their communities and have also become the victims of detention, torture and extortion at the hands of police who rarely face prosecution.

Human Rights Watch has recently documented six other cases in which police attempt to extort money from victims by threatening to frame the victim for a crime.

For more information, please see:

Eurasia Net – Kyrgyzstan Police Beat Another Uzbek to Death – 12 August 2011

The Telegraph – Human Rights Group Accuses Kyrgyz Police of Abuses Against Ethnic Uzbeks – 12 August 2011

Human rights watch – Kyrgyzstan: A Death Follows Police Torture – 11 August 2011


Vietnamese man convicted for anti-government blog

By: Jessica Ties
Impunity Watch, Asia

HANOI, Vietnam – French-Vietnamese blogger, Professor Pham Minh Hoang, was convicted on national security charges and sentenced to serve three years in prison followed by three years of probation for posting anti-government statements to his blog.

Pham Minh Hoang was sentenced to three years in jail for anti-government blog (Photo Courtesy of Vietnam Network).
Pham Minh Hoang was sentenced to three years in jail for anti-government blog (Photo Courtesy of Vietnam Network).

Hoang was convicted after the presiding judge found that Hoang used his blog to post article’s that “blackened the image of the country.” The conviction comes not only as a result of Hoang posting 33 articles against the government but also because he is a current member of the Viet Tan group. Viet Tan, a U.S. based group that promotes democracy in Vietnam, is considered a terrorist organization by the Vietnamese government which has banned membership in the organization.

Professor Hoang asked the court for leniency and claimed that he was unaware that he was breaking the law when he wrote the articles and would not have written them if he had known “the stories could affect the prestige of the state…” Hoang also stated to the court, “my writings were not aimed at overthrowing anyone…I only pointed out the negative things in society, and I think the country needs to be more democratic.”

Hoang’s dual citizenship with France has caused the French foreign ministry to express serious concern at Hoang’s case and the charges that had been brought against him.

Political critics and activists have been forced to serve long prison sentences since the Vietnamese government began severely limiting freedom of expression in 2009. Activists for democracy have commonly found themselves charged with subversion and sentenced to serve up to 15 years in prison for asserting opinions that are considered offensive to the Vietnamese government.

For more information, please see:

Vietnam Network – Former Lecturer Sentenced for Activities Aimed at Overthrowing Gov’t – 11 August 2011

Amnesty International-Viet Nam Urged to Release Jailed Blogger – 10 August 2011

BBC – Vietnam Jails Dissident Blogger Pham Minh Hoang – 10 August 2011

Forbes – Vietnam Jails French-Vietnamese Teacher Over Blogs – 10 August 2011

Isolated Amazon indian tribe missing after armed drug traffickers attack guard posts

By Paula Buzzi
Impunity Watch Reporter, South America


BRASILIA, Brazil – An isolated Indian tribe living in the Amazon Basin rainforest has gone missing and is feared to have been massacred by Peruvian drug traffickers after an attack earlier this week on the Brazilian guard station put in place to protect them.


Uncontacted Amazon tribe missing after attack
Uncontacted Amazon tribe missing after attack. (Photo Courtesy of Survival International)

The tribe was first introduced in February after Brazil’s Indian Affairs Department released aerial film and still images of the tribe members covered in red body paint.


Since the discovery of the tribe, the National Indian Foundation of Brazil has tried to protect them from outsiders by placing guard posts around their territory in western Brazil.


On Monday, however, the human rights group “Survival International” stated that Brazilian officials have found no trace of the tribe after a group of men armed with sub-machine guns ransacked the guard posts.


Brazilian officials fear a tragic fate for the tribe after finding a 44 pound package of cocaine in the tribe’s territory and a broken arrow inside one of the attacker’s backpacks.


According to members of Survival International, the attackers are believed to be Peruvian drug traffickers who most likely used the tribe’s land, which is only 12 miles from the Peruvian border, as an entry point into Brazil. Some members of Survival International believe the attackers could also have been investigating a clearing to grow the cocaine plant, Coca.


Since the attack, Jose Carlos Meirelles, the former head of the guard station, and other guards have reported seeing several groups of armed men traveling around the area. Despite the imminent danger, Meirelles and his guards plan to stay at the posts for the protection of the Indians.


In a statement earlier this week, the head of the government’s isolated Indians department, Carlos Travassos said: “this situation could be one of the biggest blows we have ever seen in the protection of uncontacted Indians in recent decades.”


The tribe is believed to be among roughly 68 other isolated civilizations that live in the Amazon today and have never been contacted by the outside world.


A police team has embarked on a hunt for the attackers and Survival International has stated they will take all possible measures to make sure a similar attack does not occur again.


For more information, please see:

International Times – Uncontacted Amazon Tribe ‘Massacred’ by Peruvian Drug Traffickers – 10 August 2011

CNN – Amazon tribe may have fallen victim to drug traffickers – 09 August 2011

MSNBC – Reclusive Amazon tribe missing after attack – 09 August 2011

Survival International – Guard post for uncontacted Indians over-run by “drug traffickers” – 08 August 2011

Belarus, Lithuania Rebuked for Arrest of Human Rights Activist

By Terance Walsh
Impunity Watch Reporter, Europe

MINSK, Belarus – Belarusian authorities arrested a leading human rights activist last Thursday in Minsk on charges of tax evasion.

Ales Byalyatski, head of the Vyasna human rights organization, was arrested on August 4 on charges of serious tax evasion, after Lithuania provided Minsk with bank information. (Photo courtesy Radio Free Europe/Radio
Ales Belyatsky, head of the Vyasna human rights organization, was arrested on August 4 on charges of "serious tax evasion," after Lithuania provided Minsk with bank information. (Photo courtesy Radio Free Europe/Radio Liberty)

The detainee, Ales Belyatsky, is the founder of the human rights group Vyasna. Belyatsky himself called the charges “punishment and retribution” for his efforts in defending human rights.  The Organization for Security and Cooperation in Europe labeled the arrest the “latest example of persecution.” If convicted, Belyatsky will face up to seven years in prison.

The charges arose from Belyatsky’s bank account in Lithuania, which Belyatsky uses to support his human rights work in Belarus.  The Belarusian government has refused to register all but one independent human rights group in the country.  If a group is denied official registration it cannot open a bank account in its name and cannot comply with Belarus’s financial regulations.

Human Rights Watch’s Europe and Central Asia director Hugh Williamson explained,  “In reality what the Belarus authorities are doing to civil society and Belyatsky in particular, amounts to entrapment.  First they push human rights defenders to work in the margins of the law, deny them capacity to function, then when they seek to continue to work in the only way they can, the authorities use criminal law, pretending that it has nothing to do with their human rights work. Any intelligent observer knows different.”

Belyatsky’s supporters have slammed Lithuania for its role in facilitating the arrest.  Lithuanian authorities handed Belyatsky’s financial information to Belarusian authorities upon request.  Opposition politician Alyaksandr Milinkevich decried, “The sudden betrayal of activists and human rights activists is, really, a betrayal on the part of the Lithuanian authorities. We need to look into it to make sure it does not happen again and that other countries don’t do similar things.  This could destroy our democratic society that has struggled for human rights for so many years.”

The arrest has drawn the ire of several nations.  The United States Embassy in Minsk branded the detention as “another unfortunate sign of Belarus’s self-isolation and further deviation from European standards and principles.”  Germany called for the release and labeled the arrest a “political abuse of criminal law.”

Opposition leaders in Belarus remain defiant in the face of Belyatsky’s arrest.  “We expected this and we were ready for it. Let them imprison us all. That’s all I can say — if they want Vyasna to stop working, let them imprison us all,” Vasnya lawyer Uladzimer Labkovich said. “If they don’t, then we will continue our work to the maximum because otherwise the biggest reproach we would get when Belyatsky gets out would be that we let the work lapse.”

Milinkevich called for a tougher stance against the Belarusian government.  “We need to make the decision to treat the Belarusian government like a dictatorship,” he said. “If we consider it a dictatorship, then democratic countries will not react to letters asking for information and they won’t react to letters demanding the extradition of people who are fighting for freedom.  How can they react as if Belarus were a country where people live in freedom and have free elections and are a part of the European community? No — this is a dictatorship.”

For more information please see:

Radio Free Europe/Radio Liberty — Belarusian Opposition Dismayed By Lithuania’s Aid In Activist’s Arrest — 10 August 2011

The Moscow Times — Belarussian Detained Over Cash — 8 August 2011

Human Rights Watch — Belarus: Leading Rights Defender Detained — 5 August 2011

Voice of America — Belarus Arrests Leading Human Rights Activist — 5 August 2011