Originally published by Conflict Dynamics International
OTP Weekly Briefing Issue #93: JUDGES ISSUE ARREST WARRANTS FOR MUAMMAR AL GADDAFI, SAIF AL‐ISLAM GADDAFI AND ABDULLAH AL‐SENUSSI; PROSECUTION REQUESTS JUDGES FOR AUTHORIZATION TO OPEN AN INVESTIGATION IN CÔTE D’IVOIRE
Khmer Rouge Tribunal Officials Refuse to Pursue a Third Trial
By: Jessica Ties
Impunity Watch, Asia
PHNOM PHEN, Cambodia – Four of the surviving leaders of Pol Pot’s Khmer Rouge are currently standing trial for crimes against humanity, war crimes, and genocide. Now it seems that others responsible for these attrocities may never be brought to justice.
In addition the four individuals currently standing trial, the international co-prosecutor has identified two more individuals suspected of being involved in the death of thousands of Cambodians. The co-investigating judges however, have closed the investigation of these suspects without arresting or interviewing them to pursue what would potentially be a third trial.
In response to the judges refusal to investigate, The Open Society Justice Initiative, which has been monitoring the tribunal, has stated that “The court’s actions suggest that the outcome of a case has been pre-determined, and that judges have refused to gather evidence or investigate facts.”
After Pol Pot rose to power, approximately 1.7 million people perished from starvation, overwork, medical neglect and execution between 1975 and 1979. Four of the key members of the regime responsible for these deaths: Head of State Khieu Samphan, Foreign Minister Ieng Sary, Social Affairs Minister Ieng Thirith and the chief ideologue of the revolution Nuon Chea are standing trial one year after Kaing Guek Eav was sentenced to nineteen years in prison.
The tribunals are being conducted under a “hybrid system,” in which Cambodian judges and staff work in conjunction with United Nations officials. This system has proven to be problematic for past tribunals.
After the court’s refusal to investigate the suspects of the potential third trial, co-prosecutor Andrew Cayley went public demanding that the court take call cases before it seriously. Commenting on the court’s decision, Mr. Cayley told BBC “It affects the integrity of this institution. The investigation needs to be done properly. Justice must not only be done, but it must manifestly and undoubtedly be seen to be done. And I believe if that does not happen, it will have serious consequences for the court as a whole.”
After Mr. Cayley’s statements, the Cambodian judges ordered Mr. Cayley to withdraw what they believed to be “confidential information.” They also stated that they would punish the staff member they believed to have leaked information and would welcome the resignation of international staff who disagreed with the way they were conducting investigations.
Co-investigating judge, Mr. Blunk, silenced a journalist who questioned the motives of the court by asking if the judges were trying to bury the case of the other two suspects by responding that “the use of the word ‘bury’ is insolent for which you are given leave to apologize within two days.”
It has been reported that Cambodia Prime Minister Hun Sen has stated that he would rather see the tribunal fail than see another trial and told Ban Ki-moon, U.N. Secretary-General, that he would not allow any additional trials to take place. It has been speculated that much of the Prime Minister’s motive for avoiding further trials is attributed to his desire to avoid embarrassment because some of the members of his inner circle held positions in the Khmer Rouge and were of an appropriate rank to be brought to trial.
For more information, please see:
VA News – US War Crimes Envoy Seeking Support for Tribunal – 28 June 2011
Aljazeera – Profiles: Khmer Rough Leaders on Trial – 27 June 2011
LA Times – Khmer Rouge Trial Fraught with Drama in Cambdia – 27 June 2011
BBC – Cambodia’s Khmer Rouge Tribunal in Disarray – 26 June 2011
Officials Fight to Delay Mexican Man’s Execution in Texas
By Brittney Hodnik
Impunity Watch Reporter, North America
WASHINGTON, United States – Politicians, retired military figures, and lawyers have come together to protest the upcoming execution of Mexican citizen Humberto Leal Garcia in Texas. Despite possible violations of Garcia’s rights under the Vienna Convention, Texas Governor Rick Perry is adamantly pushing forward. Some argue that if Texas carries out this execution it will put Americans travelling abroad in serious danger.
- Texas Governor Rick Perry plans to proceed with the execution. (Photo Courtesy of The Guardian)
In 1994, prosecutors found Leal guilty of raping and murdering a 16-year-old girl in San Antonio, Texas and sentenced him to the death penalty shortly thereafter. According to the New York Times, the United States never informed Mexican authorities of his arrest and denied him access to Mexican consular officials in direct contravention of the Vienna Convention. Rather, Texas assigned unprepared and incompetent court-appointed lawyers to Leal’s case.
President Obama and former-President George W. Bush have both denounced Leal’s execution, suggesting that Texas is violating international law provisions.
In 2004, the International Court of Justice (“ICJ”) ruled that the United States must “review and reconsider” Leal’s case, along with the cases of multiple other Mexican inmates on death row in the U.S. Texas refused to comply with the ICJ ruling, arguing that international law is not binding. In 2008, the Supreme Court ruled that the U.S. was obligated to comply with the judgment through Congressional action; presidential action alone was not enough.
Legislation regarding the matter was submitted in the Senate this month, but it may not pass in time to save Leal from his sentence. Leal’s current lawyer, Sandra Babcock, spoke with the New York Times to explain the situation. “He has a due process right to remain alive while Congress has a meaningful opportunity to consider and pass this legislation.”
The Guardian reports that top officials are worried about potential backlash from non-compliance. They argue that failure to observe these international laws will put American nationals in serious danger if arrested abroad.
John Bellinger, attorney and former legal adviser at the State Department for the Bush administration agrees. “It’s not a favor that we do for foreigners who travel in the United States. The United States is a party to this treaty because it protects Americans when we travel abroad.”
Victor Uribe, head of the legal section at the Mexican Embassy, told NPR that they have appealed to Governor Perry himself because as of now, he is the only one who can halt the execution; neither the President nor the ICJ hold any power at this point.
Governor Perry has yet to budge. According to NPR, his staff has previously stated, “It is important to remember that these individuals are on death row for killing our citizens.” Texas has shown no signs of waiver as Leal’s execution edges ever closer.
For more information, please visit:
The New York Times — Texas Is Pressed to Spare Mexican Citizen on Death Row — 27 June 2011
NPR — Planned Execution Puts Mexico, Texas At Odds — 15 June 2011
The Guardian — US Politicians and Lawyers Protest Against Death Penalty for Mexican Man — 7 June 2011
Fox News Latino — Mexican Rights Body Seeks Clemency for Man on Texas Death Row — 6 June 2011
deadly standoff continues at Venezuelan Prison
By Emilee Gaebler
Impunity Watch Reporter, South America
CARACAS, Venezuela – For the past two weeks, the Venezuelan National Guard has been in a standoff with the inmates of the Rodeo II prison. Inmates gained control of the prison back on June 12 during an armed conflict between two prisoner gangs, vying for control of the prison. The fighting between the rival gangs killed at least 29 and injured many others.
- Soldiers oversee inmates of El Rodeo during an attempt to regain control. (Photo Courtesy of BBC News)
Authorities state that an earlier raid of the Rodeo I prison resulted in the seizure of a number of weapons, drugs and cell phones. During this raid two members of the police force and one inmate were killed. The Rodeo II unit remains under siege.
Roughly 4,000 members of the National Guard were stationed at the Rodeo prison in Guatire, 50 kilometers east of Caracas. Worried family members of prisoners have also gathered, some of them throwing stones at the soldiers. In response, soldiers have fired tear gas at the crowd to try and disperse them. Inside Rodeo II, there remain up to 1,200 inmates, with only 50 of them being a part of the resistance.
The government announced that one member of the National Guard was killed and 19 others injured. They do not know if any casualties have been suffered by the inmates. However, a recently posted YouTube video, allegedly from within the prison, shows two white freezers being opened to reveal a dead body in each. The narrator is heard saying “two of the compatriots who have died in the fight.” As the video comes to an end, the sound of gunfire can be heard in the background.
An inmate, one of the 36 prisoners that the National Guard was able to rescue on Monday night, claims that the soldiers want to massacre everyone inside the prison. He said that the soldiers killed several prisoners during the rescue mission.
Text messages sent from inside the prison are pleas for the government to spare the lives of those not involved in the resistance. Other messages describe the soldiers opening fire on prisoners who had come out into the courtyard, waving a white flag above their heads as a sign of surrender.
The conditions of Venezuelan prisons have been a concern for human rights groups since 2008. “In Venezuela, prisoners are often held in cruel, inhuman and degrading conditions and violence is endemic,” said Guadalupe Marengo, Deputy Director of Amnesty International’s Americas Division. At the El Rodeo prison roughly 3,600 prisoners were imprisoned but the facilities were only built to contain 750 people.
Marengo urges the Venezuelan government to “promptly launch an independent investigation into what went wrong at El Rodeo, establishing responsibility for the high level of weapons in the prison, and ensure that similar incidents are not repeated in the future.”
Director of El Rodeo II, Luis Rafael Aranguren and Rubén José González Heredia, Vice-director of El Rodeo I have been arrested on allegations of illegally facilitating the movement of drugs and arms into the prison and corruption charges.
For more information, please see;
The Guardian – Venezuelan Prison Siege: El Rodeo Directors Arrested – 28 June 2011
Amnesty International – Deadly Clashes Highlight Need for Urgent Prison Reform in Venezuela – 22 June 2011
CNN – Standoff is Latest in Venezuelan Prisons’ History of Problems – 21 June 2011
The Guardian – Venezuelan Government Troops Continue Assault on Riot-Torn Prison – 21 June 2011
International Business Times – Stand-Off Continues in a Venezuelan Prison – 20 June 2011
BBC News – Venezuelan Forces Storm Prison ‘to Protect Lives’ – 17 June 2011