A Voice for the Voiceless

FIRST CIVILIAN TRIAL OF GUANTANAMO BAY DETAINEE: SUSPECTED TERRORIST ACQUITTED OF ALL BUT 1 of 285 CHARGES

By Erica Laster
Impunity Watch Reporter, North America

NEW YORK, United States –The first trial of a Guantanamo Bay detainee in civilian court resulted in a verdict of not guilty on all but one of 285 charges.   Ahmed Ghailani, a Tanzanian native, was charged with conspiracy, terrorism and murder charges relating to the 1998 attacks on two United States embassies.  Despite being convicted of only one charge, Ghailani faces a prison term of 20 years to life.

Guantanamo Bay detainee is acquitted of all but one charge out of 285 involving conspiracy, murder and terrorism. Photo courtesy of CNN.
Guantanamo Bay detainee is acquitted of all but one charge out of 285 involving conspiracy, murder and terrorism. Photo courtesy of CNN.

Many who have criticized the use of civilian courts in handling the prosecution of Guantanamo Bay detainees and Al Qaeda terrorists are not surprised at the oLast week, former Liberian president Charles Taylor’s defense counsel rested their case in his trial before the Special Court of Sierra Leone at The Hague.  Taylor was indicted by the Court in 2003 under allegations that he promoted an eleven year civil war in Sierra Leone that led to wide spread violence in which thousands of people were victim to rape, enslavement, torture and murder outcome.

A former Islamic cleric, Ghailani was captured in 2004 in Pakistan.  Since then he has been held and transferred to many high security detention centers.  Ghailani argued that he was an unwitting participant in the bombings while being tried by military commission at Guantanamo Bay in 2007 in connection with the bombings.

The Former Commander of the USS Cole, Kirk Lippold, commented that “One of 285 counts is not exactly a track record for a prosecution team to be proud of….This case sends a clear and unmistakable signal about using civilian courts: It didn’t work.”

Peter King, a Republic member of the Homeland Security Committee, expressed that he was “disgusted at the total miscarriage of justice today in Manhattan’s federal civilian court.”

Others have different beliefs.  Human rights activists view the decision as a vindication of their support for the use of civilian courts rather than military courts in trying Guantanamo Bay detainees.

Human Rights Watch Director Tom Malinowski hopes “the conclusion people draw from this is that this is the way to get swift and sure justice.”  He further concluded that “the only difference is that in this courtroom, Ghailani was convicted with legitimacy and finality.”

Mason Clutter, counsel for the Rule of Law Program at the Constitution Project believes that “the system worked here.  I don’t think we judge success based on the number of convictions that were received.  I think we judge success based on fair prosecutions consistent with the Constitution and the rule of law.”

Still, despite many advocates of military trials emphasizing the high security costs, defendant grandstanding and the risk of revealing classified information, others believe civilian courts pose a great tool for the future.

Despite the support, Attorney General Eric H. Holder Jr. revoked his November 2009 decision to prosecute Khalid Sheikh Mohammed and four other conspirators accused of participating in the September 11, 2001 using a federal court in New York.

Two terrorism suspects have pled guilty in the last year at Guantanamo Bay before military commissions.  Two other terrorism suspects pled guilty in federal court: Najibullah Zazi, who plotted to blow up New York subways, and Faisal Shahzad, for the attempted bombing of Times Square.

For More Information Please Visit –

Washington Post – Ahmed Ghailani, Gitmo detainee, acquited of all but 1 charge in N.Y. – 18 November 2010

New York TImes – Terror Suspect Tests Obama’s Strategy on Detainees – 18 November 2010

CNN – Landmark Terrorism Trial Ends In Acquittal On All But 1 Count – 18 November 2010

Pregnant Activist Arrested After Reporting Rights Violations

By R. Renee Yaworsky
Impunity Watch Reporter, South America

BOGOTA, Colombia—Human rights groups have voiced concern after a pregnant activist was arrested and charged with being connected to the Revolutionary Armed Forces of Colombia (FARC).  It is feared that this woman’s arrest is part of a growing effort in Colombia to silence human rights workers and any voices of opposition.

Carolina Rubio is eight months pregnant and was arrested in the northeastern Colombian city of Bucaramanga on Tuesday.  She continues to be detained in prison although her health—because of her condition—may be threatened.

Rubio belongs to two groups that may have made her a political target for Colombian authorities:  the National Movement of Victims of State Crimes (MOVICE) and the Committee of Solidarity for Political Prisoners (FCSPP).    The current evidence against Rubio stems from two informants who remain anonymous.

Rubio had just returned from an assembly of the International Office of Human Rights in Brussels last month where she had been speaking out against human rights violations in Colombia.  In Brussels, Rubio presented a report to European Commission officials regarding human rights concerns during the first 75 days of Juan Manuel Santos’ presidency.  Rubio stated that over 22 activists were murdered in Colombia during that period.  Some human rights workers speculate that these acts are the real reason Rubio was arrested—not any possible connection to the FARC.

The International Office said that it was concerned “that a human rights defender on the verge of giving birth is detained just as she returns to Colombia after having denounced the grave situation of human rights” there.

Amnesty International (AI) has spoken out against Rubio’s arrest.  Marcelo Pollack, Colombia Researcher for AI said, “The Colombian authorities have a duty to investigate any criminal activity and bring to justice those responsible through processes which conform to international standards of fairness.  However, there is a great deal of concern that such arrests are part of a strategy designed to silence and discredit the work of human rights defenders and to distract attention from their exposure of human rights violations.”

The controversy over Rubio’s arrest has come during a period of increasing persecution against human rights defenders.  In Colombia, it is not uncommon for activists like Rubio to be prosecuted using evidence acquired from paid informants rather than impartial investigative authorities.

Pollack has expressed the need for Rubio’s rights to be upheld, saying, “The authorities must ensure that due process is respected and that [her] legal situation is resolved speedily.  They must also ensure that she has access to quality health care while in detention.  Amnesty International is closely monitoring this case, especially because concerns have been raised about irregularities in the process.”

For more information, please see:

Amnesty International-Colombia: Concern over arrest of pregnant human rights defender-18 November 2010

Latin American Herald Tribune-Rights Activist Arrested in Colombia-18 November 2010

Tolerance-Concern over arrest of pregnant human rights defender in Colombia-18 November 2010

Possible Coup in Madagascar

By Daniel M. Austin
Impunity Watch Reporter,  Africa

Madagascar’s sitting president, Andry Rajoelina, in 2009 after seizing power (Photo Courtsey of The Guardian)
Madagascar’s sitting president, Andry Rajoelina, in 2009 after seizing power. (Photo Courtesy of The Guardian).

ANTANANARIVO, Madagascar -On November 17, 2010, a group of senior leaders from the Madagascar military attempted to overthrow the sitting government. Initial reports indicated 20 of the top-level military leaders had banded together to overthrow the current leader, Andry Rajoelina. Ironically, Mr. Rajoelina himself came to power after a successful coup attempt in March 2009. The coup attempt happened on the same day the country voted on a new national constitution.

On Wednesday, Colonel Charles Andrianasoavina told a news outlet, his group of rebels would be taking over the presidential palace as well as the country’s main international airport. Although the physical taking of power had not yet occurred, it was the rebel group’s intention to follow through with their promise to overthrow the current government. He claims that after the current administration is removed, a military counsel will be set up to run the day to day operation of the government. His comments took place at a military installation near the country’s main airport. The Colonel and several other high-level military leaders participating in this coup attempt were also participants in the successful coup that brought the sitting president to power in 2009.

Aside from the comments made by Col. Andrianasoavina, reporters in Madagascar are unsure of the rebel group’s power and whether they will be able to follow through with their promise to overthrow the current regime. Recent reports out of the country describe little, if any, changes on the ground. There has not been a significant troop build up or deployment, and the country’s television and radio broadcasts have continued as normal.

This most recent coup comes as Madagascar is holding a referendum on a new constitution. One of the main tenets of the new constitution is that Mr. Rajoelina will remain in control of the nation until elections can take place. Analysts believe that this provision in the constitution will allow him to remain in power indefinitely. When Mr. Rajoelina came to power in 2009, he scrapped the old constitution.

Madagascar is a small island nation off the coast of Africa in the Indian Ocean. It has been plagued with instability for a number of years. This most recent coup attempt is just another in a long line of coup attempts that have plagued the island nation.

For more information, please see:

Al Jazeera –Madagascar officers ‘make coup bid’ – 17 November 2010

BBC Africa —Madagascar officers in coup claim – 17 November 2010

New York Times – Coup Attempt Reported in Madagascar – 17 November 2010

Reuters Africa – Rebel Madagascar officer says to shut airport – 17 November 2010

Guinea declares state of emergency after post-election violence

By Polly Johnson
Impunity Watch Reporter, Africa

Conde supporters celebrated outside his residence. (Photo Courtesy of Reuters).
Conde supporters celebrated outside his residence. (Photo Courtesy of Reuters).

CONAKRY, Guinea – Ten people have been killed and more than two hundred injured in the violent aftermath of a contentious presidential election in Guinea.

Authorities declared a state of emergency after three days of street violence and imposed an overnight curfew until disputes over the election results are resolved.

The National Independent Electoral Commission reported late Monday that Alpha Conde had won Guinea’s presidential election, receiving 52.5 percent of the 2.89 million ballots cast in a runoff.  Cellou Dalein Diallo, his opponent, received 47.5 percent.

Mr. Diallo alleged massive voter fraud and has challenged Mr. Conde’s win in the Supreme Court.

A police officer said that the state of emergency would remain in place until the election results were officially confirmed by the Supreme Court. The Court has eight days to rule on the preliminary results from the time they are published.

Despite Mr. Diallo’s calls for calm, his supporters took to the streets, fighting with security forces and even destroying homes of many members of the Malinke ethnic group, to which Mr. Conde belongs. Mr. Diallo’s supporters are primarily from the Peul ethnic group.

Violence erupted in the neighborhoods of Hamdallaya, Bambeto, Cosa, and Simbaya, all of which are primarily Peul communities. “Shooting and targeted arrests are continuing,” a resident of Koloma told Reuters.

On Tuesday, interim Prime Minister Jean More Dore blamed Mr. Diallo’s supporters for the violence and described them as hooligans. Mr. Diallo blamed the security forces for inflicting “savage brutality” upon his supporters.

The United Sates also denounced the post-election violence. “The United States condemns the violent clashes between rival political supporters in Guinea following the Nov. 15 announcement of the provisional presidential election results,” State Department spokesman Philip Crowley said. “Such incidents have no place in the democratic society that Guinea aspires to become.”

The election marked an end to fifty-two years of authoritarian rule – the country’s first democratic election since independence from France in 1958.

But violence and delay have overshadowed the process since the first round of elections in June.

“The situation is very tense in Guinea,” West African analyst Adam Gaye said. “You have really a legacy of military rule and of violence that will be very difficult to fix . . . Conde has appealed to the defeated side to announce that it’s necessary to build a national reconciliation government.”

For more information, please see:

Al Jazeera – Guinean military declares emergency – 17 November 2010

BBC – Guinea declares state of emergency after poll clashes – 17 November 2010

New York Times – Guinea: Presidential Winner is Declared – 15 November 2010

Reuters – Guinea government declares state of emergency – 17 November 2010

Wall Street Journal – US Denounces Post-Election Violence in Guinea – 17 November 2010

Game Killing of Afghan Civilians by U.S. Soldiers

David L. Chaplin II
Impunity Watch, Asia

KANDAHAR, Afghanistan – Andrew Holmes is one of five soldiers accused of killing Afghans for sport. They’re also accused of mutilating corpses and keeping grisly souvenirs as troops allegedly covered up the deaths of their victims. Holmes’ lawyer denies the charges and says he will fight them vigorously.

Five U.S. soldiers from the 5th Stryker Brigade accused of killing
Four of five U.S. soldiers from the 5th Stryker Brigade accused of killing

Pfc. Andrew Holmes of Boise, Idaho, faces military officials Monday who will determine if there is enough evidence to court martial him over the premeditated killing of three Afghan civilians.

Afghan President Hamid Karzai was briefed about the Army’s investigation into a “rogue” Stryker platoon in southern Afghanistan while the soldiers were deployed there earlier this year, an Army investigator testified yesterday.

Camero, testifying by phone Monday morning at an Article 32 hearing for Pfc. Andrew Holmes, said that the Army was careful to contain information about the investigation because it didn’t want to inflame the Afghan populace’s sentiment against U.S. soldiers.

“We didn’t want the public to know,” he said.

As one of five U.S. soldiers from the 5th Stryker Brigade accused of killing for sport and staging the deaths to look like legitimate war casualties, Holmes will face an Article 32 hearing at Joint Base Lewis-McChord in Washington.  Spc. Jeremy Morlock was the first of the five to face an Article 32 hearing.

12 U.S. soldiers have been charged in what they called a conspiracy to murder Afghan civilians and cover it up; along with charges they mutilated corpses and kept grisly souvenirs.

Five of the soldiers face murder charges, while seven others are charged with participating in a cover-up.

According to the military documents, the five were also involved in throwing grenades at civilians.

His civilian lawyer, Dan Conway, said his client did not kill any civilian and was ordered by his supervisor, Gibbs, to keep a human finger.

“There is no proof that … Holmes caused or conspired to cause the death of any human being unlawfully,” Conway said.

The Army refuses to comment on any aspect of any of the cases and has sought to limit circulation of evidence, especially since videotaped interrogations of some of the soldiers and alleged written confessions by some soldiers were leaked.

Holmes’ attorney said he plans to put on a vigorous defense of his client, arguing that he killed no one.

“The only way these kinds of allegations can occur is the command is completely derelict in supervising, meaning there involved or there are ignoring that this kind of conduct may be occurring,” Conway said. “And I don’t know which one it is at this point.”

Holmes’ attorney, Dan Conway, pressed Camero, who was part of a team that went to the scene of a related May killing, to gather evidence about the investigation to highlight the Army’s lack of physical evidence from the January incident in which Holmes was involved.

Camero said the decision to visit crime scenes rested with higher-ranking officers who were aware that the location of the January incident was in hostile territory.

For more information, please see:

CNN – Soldier accused of Afghan sport killings faces hearing – 15 November 2010

The News Tribune – Stryker murder scandal details shared  with top level of Afghan Government – 15 November 2010

Boise Weekly – War: More  Testimony in the Holmes Case – 15 November 2010