UN Report Illustrates Iraq Human Rights Abuses

By Tyler Yates
Impunity Watch Reporter, Middle East

BAGHDAD, IRAQ — The United Nations Assistance Mission for Iraq (UNAMI) and the United Nations Office of the High Commissioner of Human Rights (OHCHR) released a report on Monday that highlighted a fragile plague of human rights abuses in Iraq.

The report details how armed violence has become an everyday part of life for a large number of Iraqis, with minorities (especially members of the LGBT community), women, and children suffering disproportionately.   Torture and other matters of impunity are also rampant throughout the Middle Eastern state.

Iraqis walk through a decimated liquor store after a car bombing (Photo courtesy of CNN).
Iraqis walk through a decimated liquor store after a car bombing (Photo courtesy of CNN).

According to UN and Iraqi government estimates, approximately 3,000 civilians were killed by violence in 2010.  Armed insurgents and terrorist groups were the main culprits behind these attacks.  The majority of the targeted civilians have been religious leaders, journalists, and medical and education professionals.

The report also notes many “silent” human rights violations.  “Widespread poverty, economic stagnation, lack of opportunities, environmental degradation, and an absence of basic services…affect large sectors of the population,” it says.

Political rights, such as the freedom of expression and the right to assembly, have slightly improved from previous years, but still have many challenges.

There are significant problems with Iraq’s system of law, especially with respect to due process and fair trial rights.  Defendants are frequently unaware of the charges being brought against them, have no access to lawyers, and are held longer than legally allowed without trial.  The condition of detention centers has improved, but there is still a large overemphasis on using confessions to convict, which has led to an ideal environment for torture.

Women’s rights issues continue to hover on the human rights radar with instances of domestic violence, trafficking, genital mutilation, and honor crimes continually being reported.

The battle to end impunity for those who commit human rights abuses “remains a serious challenge in Iraq.  Perpetrators of crimes committed over many years continue to be unaccountable.”

The report concludes by giving some suggestions for fixing the current abuses, including placing a limit on the arresting powers of the police, putting a moratorium on the death penalty, and creating and enforcing laws designed to protect individual rights.

The Iraqi response to the current state of its human rights record has been mainly aimed at the UN, and what they call its “limited role” in the involvement of the difficult nation-building process that is currently on going in Iraq.  The hope is that a stronger presence in Iraq by the UN would lead to greater successes in nation building, specifically in the area of human rights.

Iraq has been closely scrutinized for its human rights record for years.  In June, the UN special representative to Iraq urged, yet so far unsuccessfully,  the government to ratify the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment.  It appears that while there have been many advances made towards recognizing human rights violations the government is still facing many obstacles.

For more information, please see:

AFP — UN calls situation in Iraq ‘fragile’ — 8 Aug 2011

Aswat al-Iraq — UN should play greater role — 8 Aug 2011

CNN — Significant human rights issues noted in U.N. report on Iraq — 8 Aug 2011

Examiner — UN: Iraq plagued with numerous human rights violations — 8 Aug 2011

Jurist — Iraq human rights abuses continue: UN report — 8 Aug 2011

United Nations — Human rights in Iraq remain fragile amid armed violence, torture, and impunity — 8 Aug 2011

Four Guatemalan Soldiers Guilty of Massacre Sentenced to 6,060 Years in Prison

by Emilee Gaebler
Impunity Watch Reporter, South America

GUATEMALA CITY, Guatemala – Four soldiers, who committed a massacre in 1982 in the town of Las Dos Erres, have recently been sentenced.  A Guatemalan court found all four guilty and each man was sentenced to 30 years in prison for each victim murdered.  The court placed the number of victims at 201 and additionally sentenced each of the four men to 30 years in prison, for crimes against humanity, sending each man to jail for 6,060 years. 

The four soldiers at the sentencing. (Photo Courtesy of BBC News)
The four soldiers at the sentencing. (Photo Courtesy of BBC News)

The four ex-soldiers, Manuel Pop Sun, Reyes Collin Gualip, Daniel Martínez Hernandez and Carlos Carías, were all members of an elite military force named the Kaibiles.  The men entered the town of Las Dos Erres in December of 1982 and over three days they questioned and killed men, women, children and the elderly of the village.  Victim’s bodies show evidence of torture and many of the women were raped.  Bodies of some victims were tossed down a village well.

The Kaibiles forces at the time were working to maintain the military rule of General Efraín Ríos Montt, in the face of many insurgent factions.  The village of Los Dos Erres was suspected of supporting and harboring left-wing guerillas.  Despite the court placing the number of victims at 201, local survivors and family members of victims claim that the true number killed is over 250. 

Back in 2001, then-President Alfonso Portillo acknowledged the government’s role in the massacre and awarded the families of victims a fund of $1.8 million.  Then in 2003, the Guatemalan government created the National Compensation Program (PNR) as a response to the 200,000 civilian deaths that occurred during the 36 year internal conflict.  Budget for the PNR stands at $40 million and the administration is working to resolve more than 98,000 complaints that have been filed.

The sentencing handed down on 3 August was the first effort by Guatemalan authorities to do more than set up monetary funding and to actually hold those responsible accountable for their actions.  Human rights groups applaud the effort as a solid first step but indicate that further action is needed. 

Sebastian Elgueta, a researcher for Amnesty International’s Central America division stated, “Although this ruling is a step forward in the fight against impunity in Guatemala, soldiers did not commit these crimes on their own initiative, and the authorities must bring to justice those all the way up the chain of command who planned and ordered the crimes.”

 

For more information, please see;

The Guatemala Times – Amnesty International: Guatemalan Former Soldiers Sentenced to 6,060 Years for Massacre – 4 August 2011

Jurist Legal News and Research – Guatemala Court Sentences Ex-Soldiers to Over 6,000 Years in Prison – 3 August 2011

Los Angeles Times – Human Rights Advocates Applaud Sentences in Guatemala Massacre – 3 August 2011

BBC News – Guatemala Dos Erres Massacre Soldiers Sentenced – 2 August 2011

Reuters News – Guatemala Sentences Four in Landmark Civil War Trial – 2 August 2011

Syria Defies U.N. Condemnation, Continues Attacks on Civilians

By Zach Waksman
Impunity Watch Reporter, Middle East

DEIR EL-ZOUR, Syria –The Syrian government launched new attacks against civilians today, continuing a siege on the eastern city of Deir el-Zour that had been ongoing for over a week.  At least 52 people have been killed so far.  The attacks come just days after the United Nations condemned the Middle Eastern country’s shocking strikes against protesters in Hama.

The Hama campaign, which killed an estimated 76 people last Sunday, drew international scorn.  Since then, anti-government protests have begun in coincidence with the beginning of Ramadan, a holy month on the Muslim calendar.  During this time, in an effort to prevent such sentiment from growing into a revolution, the government has placed Hama and Deir el-Zour under siege.  Today’s attack is an escalation of the siege; power and phone lines have reportedly been cut.

According to one activist in Deir el Zour who spoke anonymously to the Washington Post, “Humanitarian conditions in the city are very bad because it has been under siege for nine days.  There is lack of medicine, baby formula, food and gasoline. The city is totally paralyzed.”

This action took place despite widespread disapproval from multiple sources.  Wednesday, the United Nations Security Council issued a unanimous presidential statement that “condemned the widespread violations of human rights and the use of force against civilians by the Syrian authorities.”  Today, the Arab League joined the many who spoke out against the actions taken by Syrian President Bashar al-Assad, calling for a national dialogue.

Human Rights Watch, an independent organization that observed the situation, considered the resolution a sign of isolation by the Syrian government.  “The Security Council’s unanimous statement shows that Syria can no longer count on even its close allies to support its crackdown on peaceful protesters,” said Peggy Hicks, the organization’s global advocacy director. “President Bashar Assad needs to listen to the council’s strong message, and end the attacks by his security forces in Hama and across the country.”

Yesterday, Assad spoke to United Nations Secretary-General Ban Ki-Moon by telephone.  Ban was concerned about the mounting violence and civilian casualties.  During the talk, he called for an immediate end to the attacks.

In response to the condemnation, Assad defended the sieges by saying that the country was making progress and that the government had an obligation to deal with dissenters.  “Syria is on the path to reforms,” he said, quoted by state news agency SANA. “To deal with outlaws who cut off roads, seal towns and terrorise residents is a duty of the state which must defend security and protect the lives of civilians.”  As an example of such “outlaws,” SANA reported that earlier this morning, an armed terrorist group ambushed and fired on a military convoy.  An officer and two soldiers were “martyred” as a result.

The next message for Assad will be delivered Tuesday, when Foreign Minister Ahmet Davutoglu will meet with Syrian officials to discuss his present concerns.

For more information, please see:

Al Jazeera — Syrian army launches fresh assaults — 7 August 2011

SANA — Officer, Two Soldiers Martyred in Ambush Set by Armed Terrorist Group East of al-Rastan — 7 August 2011

Washington Post — Syrian troops intensify crackdown on eastern city, activists say at least 52 killed — 7 August 2011

CNN — Ban calls for an end to use of force on Syrian civilians — 6 August 2011

Human Rights Watch — UN: Syria Should Heed Council’s Call to End Attacks — 4 August 2011

Impunity Watch — Syrian death toll sparks condemnation and foretells future violence — 2 August 2011

GCR2P Welcomes the US Government’s Announcement on Mass Atrocity Prevention

Global Centre for the Responsibility to Protect
4 Aug 2011

The Global Centre for the Responsibility to Protect welcomes today’s announcement by the White House of a presidential directive on preventing atrocities. The decision of the Obama Administration to establish an inter-agency Atrocity Prevention Board is an important step that reflects the commitment of the government and the people of the United States to strengthen capacities to halt genocide, crimes against humanity, war crimes and ethnic cleansing. This decision is an important step in putting the responsibility to protect into practice and moving “never again” from rhetoric to reality.

“The Global Centre applauds the directive of President Obama in establishing this board. We see its establishment as crucial in advancing the Responsibility to Protect agenda internationally, and in making the promise of ‘Never Again’ a reality. In a world where innocent civilians continue to be at risk of mass atrocity crimes, we believe that this decision will play an important role in preventing another Rwanda, Cambodia or Srebrenica,” said Simon Adams, Executive Director of the Global Centre for the Responsibility to Protect.

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The Global Centre for the Responsibility to Protect was created in February 2007 to catalyze action to move the 2005 World Summit agreement on the responsibility to protect populations from genocide, ethnic cleansing, war crimes and crimes against humanity from principle into practice. See website: www.globalr2p.org/

Handing Qaddafi a Get-Out-Of-Jail-Free Card

Originally published in the International Herald Tribune
By Richard Dicker, 1 Aug 2011
When the United Nations Security Council unanimously referred the situation in Libya to the International Criminal Court prosecutor on Feb. 26, it made clear that impunity for crimes against humanity threatens international peace and security. The referral sent a strong message that systematic attacks with deadly force against peaceful protesters have criminal consequences.
Now, the governments that took the lead in the 15-to-0 Security Council vote — Britain, France and the United States — seem to be negotiating a deal that, if it goes through, would short-circuit justice by sidelining the court’s proceedings for victims in Libya.
Britain’s foreign secretary, William Hague, said recently that it was important for Muammar el Qaddafi, the Libyan leader, to relinquish all power, but that after that: “What happens to Qaddafi is ultimately a question for the Libyans.” This turnabout is enough to set even the nimblest diplomatic head spinning.
After setting the wheels of justice in motion, all Security Council members — and these three countries in particular — should be reaffirming the message that impunity is no longer an option, instead of proffering a get out of jail free card to end a military stalemate. Amnesty for mass atrocities, whether explicit or de facto, has no legal validity internationally.
Fortunately, we have moved past the point where governments can offer immunity to people implicated in serious international crimes. Indeed, the Security Council’s unanimous referral of the situation in Libya to the International Criminal Court reflects its choice to hold international criminals accountable, including senior officials.
On June 27, three judges at the I.C.C. issued arrest warrants for Qaddafi, his son Seif al-Islam Qaddafi, and Libya’s intelligence chief, Abdullah Senussi. They are wanted on charges of crimes against humanity for their roles in attacks on civilians, including peaceful demonstrators, in Tripoli, Benghazi, Misurata, and other Libyan cities and towns.
These warrants were an important step toward providing justice for the victims of the serious crimes in Libya.
Now that there is an independent international judicial process in place the process should be allowed to play out. Moreover, the I.C.C. prosecutor should apply the law impartially and investigate alleged crimes by the Libyan rebels as well as any committed by NATO forces. It is simply too late to turn back the clock.
An offer of amnesty to an accused sitting head of state can make the situation a lot worse by sending a signal that there will be no cost for slaughtering as many people as possible in the effort to cling to power. If more brutality works, the leader is home free. If it doesn’t keep him in power, there’s no penalty for having tried. This is an awful message to abusive leaders around the world — if they hang on long enough, tiring out the opposition forces, all will be forgiven.
While Qaddafi cannot be granted a formal amnesty for serious crimes committed in Libya, diplomats may be thinking of using a possible escape hatch contained in the I.C.C.’s treaty. Under Article 16 of the I.C.C. Statute, the Security Council may, citing the needs of international peace and security, defer the proceedings against Qaddafi for 12 months. This truly unfortunate provision authorizes political interference in a judicial proceeding, and it should be used only in exceptional circumstances.
Since a suspension under Article 16 is limited to a renewable 12-month duration, if the Security Council granted a deferral there would be enormous pressure to renew it after a year and then again at the expiration of each succeeding year. This would spawn the ugly optic of Security Council members voting each year for continued immunity for Qaddafi.
Of course, a deferral of an I.C.C. investigation also risks setting a dangerous precedent for accused senior officials from other countries. By effectively bartering away accountability for the most serious crimes under international law, the Council would be encouraging all those alleged to be responsible for major atrocities to negotiate, as Qaddafi is now attempting to do, to void the rule of law. Indeed, a deferral for Qaddafi may lead other accused war criminals such as President Omar Hassan al-Bashir of Sudan to renew his claim to suspend the I.C.C. warrant against him for crimes committed in Darfur.
In addition to renouncing judicial principle and creating a troubling precedent, a plan that gives Qaddafi a comfortable retirement (inside or outside of Libya) is short-sighted. Qaddafi, who holds no official government post and exercises enormous power through his presence, would remain a destabilizing figure, and the Libyan people would probably not feel free from fear and intimidation. Moreover, effectively amnestying the top leaders would also make it difficult, if not impossible, to prosecute anyone else in the regime for crimes committed there over 40 years of Qaddafi’s rule.
In the short-term, it is easy to understand the temptation to forego justice in an effort to end an armed conflict. But instead of putting a conflict to rest, a de-facto amnesty that grants immunity for crimes against humanity may just spur another cycle of grave abuses while failing to bring peace.
Richard Dicker is the international justice director at Human Rights Watch.