Soldiers Suspected in Mass Rapes On Trial in DRC

Daniel M. Austin
Impunity Watch Reporter, Africa

DRC soldiers in South Kivu 2009. (Photo Courtesy of AFP).
DRC soldiers in South Kivu 2009. (Photo Courtesy of AFP).

BARAKA, Democratic Republic of Congo – On Thursday, an army officer and ten of his soldiers went on trial for the mass rapes of over sixty women in eastern Democratic Republic of Congo (DRC). The alleged incident occurred on New Year’s Day 2011 in the remote village of Fizi which is located in the restive South Kivu state.  The military trial is the most recent test for the  “mobile courts” which are being used to promote justice and the rule of law in remote parts of DRC where crimes like rape often go unreported.

The eleven individuals charged in this case are all military personnel who were assigned to protect the villagers in Fizi. However, instead of providing protection, the soldiers are accused of preying on the villagers. Prosecutors claim that the group of soldiers led by Lieutenant Colonel Kibibi Mutware began to attack the villagers after one of the unit’s soldiers was lynch by a mob in the village. The lynching occurred because the soldier had shot and killed a villager in Fizi after a dispute broke out between the two men over a woman.  Along with the alleged rapes that occurred, another 26 people were physically injured in attacks. Lt. Col. Mutware claims the allegations are false and that the soldiers who committed these acts were disobeying orders.

Mass rapes are common in the eastern part of DRC, and the use of mobile gender courts as a mechanism to try suspects has been an effective way to maintain law and order in a volatile region. This particular trial is expected to last for 10 days.  The mobile court was set up in Baraka, a town close to Fizi. News outlets report that members of the Fizi community have walked as far as 20 miles to come and witness the first day of court proceedings.

The mobile gender courts have been operating since 2009, conducting about 10 trials per month. The trials have resulted in over 90 rape convictions. Additionally, the court officers have trained over 150 judicial police officers, 80 lawyers, and 30 magistrates. The courts are being sponsored by a number of agencies including the American Bar Association, the United Nations Mission in DRC, and Avocats Sans Frontieres (Lawyers Without Borders).

For more information, please see:

BBC — Soldiers on trial charged with DR Congo mass rapes – 10 February 2011

The Guardian — Congolese soldiers go on trial accused of raping more than 60 women – 10 February 2011

Reuters Africa – Congo Soldiers go on trial for mass rapes – 10 February 2011

Take Part — Mobile Court Tries Congo Soldiers for Mass Rape – 10 February 2011

Cambodia and Thailand Armies Shed Blood Over Hindu Temple

David L. Chaplin II
Impunity Watch, Asia

PHON PENH, Cambodia – Thai and Cambodian troops continue to fight over a disputed area surrounding a 900-year-old Hindu temple.

The 900-year-old Hindu temple of Preah Vihear on the Thai-Cambodian border
The 900-year-old Hindu temple of Preah Vihear on the Thai-Cambodian border

The International Court of Justice awarded it to Cambodia in 1962 but the ruling did not determine the ownership of the scrub next to the ruins, leaving considerable scope for disagreement

On Friday, there was intense two-hour fighting between the neighboring forces, which left soldiers and a villager killed. On Saturday, troops fought with rocket-propelled grenades and guns, prompting residents to flee the area.

Shelling and machine gunfire echoed around the contested area on Monday around the ancient Preah Vihear temple claimed by both Southeast Asian neighbors, witnesses said.

Although sporadic clashes in the area are not unusual, it is rare for the two sides to fight over consecutive days. A call for “maximum restraint” to cease the hostilities was announced by Ban Ki-moon, the UN secretary-general.

At least eight people were killed in four days of cross-border violence, which forced thousands of families to flee on both sides of the frontier.

This has been considered the most deadly clash since Preah Vihear was granted UN World Heritage status in July 2008, a move that sparked sporadic skirmishes between the neighbors.

The temple was damaged on Sunday by Thai artillery fire, according to Cambodia, which said one wing of the building had “collapsed” as a result.

Thai officials, however, dismissed Cambodia’s account as propaganda. The true extent of damage is unknown.

With Prime Minister Hun Sen accusing Thailand of “repeated acts of aggression”, the country urged the UN Security Council to intervene in the fighting.

Thailand played down the reports of fresh fighting, with a military source near the border describing the incident as a “misunderstanding”, involving only small arms fire.

On Sunday, Wayne Hay, an Al Jazeera correspondent at the Thai-Cambodia border, reported seeing artillery fire streaming across the night sky, as well as ambulances heading towards the disputed area.

Government spokesman Panitan Wattanayagorn says occasional skirmishes were due to the unsecured nature of the border. He says it demonstrates a need to step up efforts under a memorandum of understanding aimed at resolving the territorial conflict peacefully.

“This is why we urge Cambodia to work with us more rapidly under the MOU to negotiate the clear demarcations so we can secure the borders much more effectively,” he said.

Hundreds of Thai nationalists with the People’s Alliance for Democracy, known as the Yellow Shirts, have been protesting near government offices for two weeks demanding they get tough with Cambodia.

Panthep Pourpongphan is a spokesman for the PAD, said “[t]his fighting, is kind of evidence, is quite clear evidence that this kind of MOU has so many problems that we need to stop it and [start] new negotiations with a new MOU,” Pourpongphan stated.

Diplomatic efforts to resolve a border dispute between Thailand and Cambodia gained momentum on Wednesday, with the two neighbors set to address the UN Security Council next week.

Thailand also raised the possibility of the first face-to-face talks between the two countries’ foreign ministers.

“This war will be resolved through the mechanism of the United Nations,” Hun Sen said in a speech in the Cambodian capital.

For more information, please see:

Al Jazeera –Thai-Cambodia clashes continue – 7 February 2011

Voice of America – Thailand, Cambodia Border Fighting Breaks Out Amid Tensions – 4 February 2011

Channel News Asia – Cambodia, Thailand to face UN over border dispute – 9 February

Romanian Customs Chief Fired Amid Allegations of Illegal Smuggling and Corruption

By David Sophrin
Europe, Senior Desk Editor

BUCHAREST, Romania – Romanian Prime Minister Emil Boc fired the nation’s chief customs official Radu Marginean earlier this week as allegations have arisen that Marginean had been taking bribes in association with illegal smuggling efforts along the nation’s southwestern border with Serbia.

Marginean, who was the Head of the National Customs Authority, has denied this allegations.  Nevertheless, he is just the latest person indicted in a larger effort by the Romanian government recently to crack down on the illegal smuggling of cigarettes across its international borders.  In the last week, the Romanian Anticorruption Directorate has detained 97 customs officials and police officers allegedly linked to these allegations and questioned approximately 150 persons.

These detentions are the culmination of an investigation by the Directorate  which focused in on cigarette smuggling along the Romania-Serbia border.  The investigation established that a number of shifts of customs officers at certain border checkpoints were collecting around 6,000 euros each day for their participation in the smuggling efforts.

This investigation is part of Romania’s effort to enter into the European Union’s ‘passport fee Schengen zone’.  Each nation that is party to this zone must demonstrate that it has made concentrated efforts to combat organized crime, forged commercial and passport documents, and issue updated biometric passports.

Despite these arrests, Romania’s entry into the Schengen zone remains in doubt.  While Romanian President Traian Basecu has publicly claimed that his country has met all ‘technical criteria’ necessary to join, France and Germany have both requested a delay in a vote on whether to let Romania enter, citing continuing concerns over considerable gaps in Romania’s border security apparatus.

In recent years, Romania has lost almost a billion euros of possible tax revenue as a result of illegal cigarette smuggling.

For more information, please see:

BBC – Romania’s customs chief sacked after corruption charges – 10 February 2011

BLOOMBERG – Romania Detains Customs Officials on Corruption Charges – 10 February 2011

B92 – Customs fired over cigarette smuggling scandal – 10 February 2011

STATES SEEK PROSECUTION OF FORMER PRESIDENT BUSH FOR TREATMENT OF DETAINEES AT GUANTANAMO BAY

By Erica Laster
Impunity Watch Reporter, North America

UNITED NATIONS – The Center for Constitutional Rights (CCR) released a 2,500 word indictment outlining a case against former President George W. Bush for violations of the Geneva Convention and his failure to uphold the fundamental human rights of those labeled as enemy combatants.  Katherine Gallagher, an attorney for CCR stated “Torturers, even if they are former presidents of the United States, must be held to account and prosecuted.”

Former President Bush admitted to using torture techniques in his book Decision Points. Photo courtesy of The Guardian.
Former President Bush admitted to using torture techniques in his book Decision Points. Photo courtesy of The Guardian.

60 human rights groups including the CCR and the European Center for Constitutional Human Rights backed the indictment.

Amidst warnings that he would be prosecuted and possible protests, Bush canceled his travel plans, backing out of a February 12 speech to be given in Switzerland.    “Waterboarding is legal because the lawyer said it was legal. I’m not a lawyer,” stated the former President during an MSNBC interview in November of 2010.

The actions of the Bush 6, a group of the former Bush administrations constitutional lawyers and authors of the legal framework Bush claimed to be operating under, are under investigation in Spain.  Spanish courts have invoked their universal jurisdiction for two other cases against the former President to determine the legality of the treatment of enemy combatants at Guantanamo Bay and other “black sites” controlled by the United States around the world.

Judges practicing from Madrid to Geneva are seeking prosecution of the former President.

After freely admitting to authorizing water boarding as a means of interrogation in a book released this past November, rights groups have called for immediate legal action.  Human Rights Watch and Amnesty International have called for the United States to investigate all complaints against former President Bush.  The known watchdogs stressed that impunity should not be tolerated.

Human Rights Watch representative Laura Pitter says “We are asking the U.S. to at least investigate the potential for prosecution.  There is no reason why U.S. courts should not open up such an investigation, even if it is based solely on what Bush has already admitted publically.”

Senior politicians connected with war, internal conflict and other alleged crimes have had to be increasingly wary of traveling since the arrest of Agosto Pinochet, former Chilean Dictator in London in 1998.

For More Information Please Visit:

IPS News – No More Immunity for George W. Bush, Abroad, At Least – 7 February 2011

Guardian – George Bush Issued Travel Warning By Human Rights Organisations – 7 February 2011

Guardian – George Bush Calls Off Trip to Switzerland – 6 February 2011

Syrian Government to Lift Ban on Internet Social Networks

By Eric C. Sigmund
Impunity Watch Reporter, Middle East

DAMASCUS, Syria – For the first time in five years, Internet users in Syria have access to the online social networks Facebook and YouTube.  This new development comes just days after thousands of Syrians came out to protest the government in a “Day of Rage.”  While some within the country were able to access these sites and even used them to encourage the recent anti-government protests, Internet users were forced to tunnel through international proxy servers in order to log-on.  Today, users were able to openly access these sites.

A Syrian Man On Facebook for the First Time in Five Years
A Syrian Man On Facebook for the First Time in Five Years (Photo courtesy of Canadian Press)

The Syrian government has not yet commented on this relaxation of Internet restrictions.  Although the protests last weekend were smaller than anticipated, the popular flare may have increased fears among the leadership that unrest in North African my spillover into Syria.  Discussing the uprisings in North Africa, Syrian President Bashar Assad noted last week, that he would push for political reforms guaranteeing more media freedom.  While the leadership has been tightlipped about this latest change, Mazen Darwish, head of the Syrian Center for Media and Freedom of Expression, said he received “semiofficial confirmation” that some Internet bans were being lifted.

Some have opined that this shift in policy is a concession to citizens who have taken to the streets to demand more freedom of speech.   Anti-government tensions have been increasing throughout the region since the protests in started in Tunisia.  While Assad’s policy reversal may be an olive branch to calm public unrest, its significance is questionable.  Many have regarded the change as inconsequential since the public could already access restricted sites via proxy servers.   Ahmad, a Facebook user, was reported posting “We are all using it anyway – so I don’t see what difference it makes.”

While Internet users can now access Facebook and YouTube, many other popular websites, including Amazon and Wikipedia, remain blocked.   It is uncertain if more website bans will be lifted in the near future or whether this represents a piecemeal concession to the public.  While some like Mazen Darwish hope that today’s change represents a “new mentality” in the government, much progress must still be made to elevate the rights of the people of Syria.

For more information please see:

Canadian Press – Syria Media Watchdog, Internet Users Say Facebook, YouTube Available for First Time in 3 Years – Feb. 8, 2011

Forward Magazine Syria – Syria Lifts Facebook Ban – Feb. 8, 2011

Guardian – Syria to Set Facebook Status to Unbanned in Gesture to People – Feb. 8, 2011

The New Web – Facebook and YouTube Unblocked in Syria Today – Feb. 8, 2011