By: Katherine Hewitt Impunity Watch Reporter, Asia
Phnom Penh – The Cambodian Center for Human Rights (CCHR) is a leading human rights organization in Cambodia. It was created in 2002 by Kem Sokha to promote International Human Rights Law and to provide free legal aid to victims. Kem Sokha is also the leader of the opposition party and was recently jailed by the Prime Minister.
On 26 November 2017, Prime Minister Hun Sen called for the Center for Human Rights to be closed down. He accused foreigners of creating the center to push their agendas. He went further to accuse the CCHR of taking orders from foreigners. Sen said that if the CCHR had been created by a person of the Khmer nationality there would be no issue with the organization.
Prime Minister Hun Sen. Photo Courtesy of Samrang Pring.
The Center for Human Rights believes that this is just a stunt pulled by Prime Minister Hun Sen to hold onto power; however, acts like this just draw criticism from the Cambodian people. The director also feels that citizens do not believe the accusations as many people are in favor of the Western political alignment.
The Director put out an official statement that read: “CCHR calls upon the Royal Government of Cambodia to enter into a meaningful dialogue with CCHR representatives in relation to these allegations, in the firm belief that any misperceptions about the nature of CCHR’s work and neutrality could be clarified, and the matter resolved.”
The CCHR indicated that any neutral and impartial investigation would find no evidence of wrong actions.
By: Karina Johnson
Impunity Watch Reporter, North America
WASHINGTON D.C. — On Friday, November 10, the Wall Street Journal published an article stating that Retired Lt. Gen. Michael T. Flynn was allegedly involved in a plan to kidnap a US-resident Turkish dissident on behalf of the Turkish government in exchange for approximately $15 million dollars.
Retired Lt. General Michael Flynn served as national security advisor to the Trump administration for only 24 days before he was asked to resign. Photo Courtesy of Carolyn Kaster, Associated Press.
Fethullah Gulen, a Muslim cleric who has resided in Pennsylvania since 1999, has been blamed by Turkish government officials for the failed coup against Turkish President Erdogan’s administration in summer of 2016. Turkey has requested Gulen’s extradition under the US-Turkey extradition treaty for Mr. Gulen’s alleged role in the coup, but the Department of Justice has so far denied the requests.
Flynn’s company, Flynn Intel Group, was hired in August 2016 by a firm with ties to Turkish government officials to investigate Mr. Gulen and to present the results of the investigation in a short film. While the film project was never completed, Flynn’s company received $530,000 in November, and Flynn himself wrote an opinion piece about Fethullah Gulen published on November 8, 2016, in The Hill.
In a mid-December meeting at the “21” Club in New York, Turkish officials allegedly offered Michael Flynn and his son, Michael Flynn Jr. approximately $15 million dollars to assist in the forcible removal and “extra-legal” extradition of Gulen to Turkey. The alleged plan included discussions of transporting Gulen by private jet to Imrali, a Turkish prison island. This meeting occurred after the Trump administration had named Flynn the next national security advisor.
President Trump asked for Flynn’s resignation as his national security advisor in mid-February 2017, twenty-four days after Flynn’s appointment. Flynn also served for two months in 2014 as the head of the Defense Intelligence Agency before being dismissed by President Obama for insubordination after “failing to follow guidance from superiors.”
Flynn registered as a foreign agent under the Foreign Agent Registration Act (FARA) on March 7, 2017, several weeks after his resignation as national security advisor. Lawfare posits that at the time of his dealings with Turkish officials, Michael Flynn was no longer simply a private citizen lobbying in favor of a foreign government, and whose disclosure of dealings to the Department of Justice would comply with FARA. Since Flynn had already been tapped to serve as national security advisor in the Trump administration, he was a public official “in transition,” and public officials are prohibited from acting as foreign agents under 18 U.S.C. § 219.
Not only was General Flynn an unregistered foreign agent during his dealings with Turkish officials, he received well over the $5,000 maximum for lobbyists, and if the allegations in the Wall Street Journal article are true, Flynn may be charged with conspiracy to kidnap. Even if Flynn intended to instead use his position as national security advisor to return Mr. Gulen to Turkey by legal means, the fact that he was possibly offered $15 million dollars to do so may still constitute egregious felonious conduct. Lawfare states the matter plainly: “It’s no more legal to take $15 million to use your influence as national security adviser to bring about an outcome than it is to kidnap someone.”
The New York Times notes that President Trump’s firing in March 2017 of Former FBI Director James Comey after Comey’s refusal to halt the investigations into Flynn led to the appointment of special counsel Robert Mueller. Robert Mueller has, in turn, led the investigation as to whether associates of President Trump colluded with Russian agents in their efforts to manipulate the 2016 US presidential election.
According to The Wall Street Journal, Flynn’s lawyers earlier had entered into a joint defense agreement with President Trump’s legal team that allowed them to share information surrounding Mr. Mueller’s investigation that would otherwise be subject to attorney-client privilege. As of November 24, Michael Flynn’s lawyers stopped cooperating with White House attorneys defending the President in special counsel Robert Mueller’s investigation.
Flynn’s decision to end cooperation with the White House attorneys may signify that Flynn has entered into plea deal discussions with Mr. Muller’s team, which recently indicted Paul Manafort, Rick Gates, and George Papadopoulos—all three former campaign aides of President Trump.
JustSecurity has compiled a timeline of the Trump administration’s knowledge of the federal investigations into the relationship of Michael Flynn and Turkey.
Welcome to our weekly summary of Syria Deeply’s top coverage of crisis in Syria.
As part of our Deeply Talks series, Syria Deeply will host a live call next week, examining the recent flurry of diplomatic discussions aimed at setting the stage for a settlement to the nearly seven-year conflict. Keep an eye on your inbox this week for the invitation.
Peace talks: The eighth round of peace talks opened in Geneva last Tuesday, and by Friday, the Syrian government delegation had quit, saying they would not return without a change in the opposition’s stance toward President Bashar al-Assad.
Chief government negotiator Bashar al-Jaafari said there would be “no progress” as long as the opposition did not reverse its call for the removal of Assad before the start of a political transition. The opposition High Negotiation Committee (HNC) adopted this position two weeks ago during their own talks in Saudi Arabia, where they had hoped to form a stronger, more unified front before heading to Geneva.
In a televised interview with the pro-government al-Mayadeen TV, Jaafari later said the government would not engage seriously in peace talks if the statement was not revoked, and said the decision on whether or not to resume negotiations this week was in Damascus’ hands.
The previous day, U.N. special envoy Staffan de Mistura told reporters that negotiations could run until December 15.
Israel strikes Syria: Israel again threatened Syria over Iran’s presence in the country, saying it would not tolerate Iran-backed forces along its border.
Israel fired missiles toward Damascus on Saturday, reportedly targeting a military site near the capital, according to CNN. Syria’s air defense system intercepted two Israeli surface-to-surface missiles but others caused material damage to the military position, according to state-run SANA news agency.
The UK-based Syrian Observatory for Human Rights said the missiles targeted an arms depot near al-Kiswa town south of Damascus, according to the Syrian Observatory for Human Rights. It was not immediately clear whether the Syrian army, Lebanese Hezbollah or other Iran-backed forces operated the warehouse.
“Let me reiterate Israel’s policy,” Israeli prime minister Benjamin Netanyahu said at the Saban Forum, an annual gathering of American and Israeli leaders in Washington hosted by the Brookings Institution.
“We will not allow that regime [Iran] to entrench itself militarily in Syria, as it seeks to do, for the express purpose of eradicating our state.”
Damascus suburbs: Despite being a so-called de-escalation zone, the Eastern Ghouta area in the Damascus suburbs has been under heavy bombardment for more than 20 days. At least 192 people, including 43 children, 21 women and four members of the Civil Defense, have been killed since November 14, according to the Syrian Observatory for Human Rights.
“There has been massive loss of life – hundreds and hundreds have been wounded,” special United Nations humanitarian adviser for Syria, Jan Egeland, said, describing the situation as a “catastrophe.”
“In general, there is no calm in this de-escalation zone. There is only escalation in this de-escalation zone,” Egeland said.
Amnesty International claimed the Syrian government used Soviet-made cluster munitions – which 100 countries have banned – in the Eastern Ghouta, killing at least 10 civilians since November 14.
What’s more, a crippling siege has left as many as 400,000 people trapped in the rebel-held area without access to health and basic living necessities.
Over the past year, Chechnya significantly expanded its role and foothold in Syria, including funding the reconstruction of major Syrian mosques and deploying highly trained Chechen military forces to some of the toughest front lines.
The war in Syria significantly increased the number of so-called opposition media activists who documented alleged human rights abuses and war crimes. But as pro-government forces regain control of rebel-held territory, they fear for their future.
The route from Turkey to Greece was once crowded with Syrian asylum seekers fleeing to Europe. But in recent months some refugees have begun to move in the opposite direction because of what they describe as a rise in anti-Muslim sentiment in host countries.
From infrastructure and urban planning to funding and democratic dialogue, in this next installment of our “Experts to Watch” series we highlight 10 experts who focus on the different aspects of reconstruction in Syria.
Khaled Al-Khateb, Journalist and Former lecturer, University of Aleppo
Almost one year after rebels retreated from Aleppo, the northern Syrian city is now at the mercy of security services, pro-government militias and the Baath party, who are doing little to improve living conditions, writes Syrian journalist Khaled Al-Khateb.
Mia Bennett, Journalist, Specializes in Covering Syrian Economic Affairs
Although the drive to reconstruct Syria has gained momentum in recent months, the government does not have the funds or strategy to lead the recovery process, writes Syrian journalist Jihad Yazigi.
By: Sarah Louise Purtill Impunity Watch Reporter, North America
YELLOWSTONE PARK, U.S. – There is a little known fact about Yellowstone National Park that has captured the interest of many people around the country. Michigan State University law Professor, Brian Kalt, published a paper called “The Perfect Crime” which details how you can potentially get away with murder in a 50 square mile section of Yellowstone National Park in Idaho. Kalt writes that he has always wondered how there was a “forgotten constitutional provision, combined with an obscure statute, that together make it possible for people in the known to commit crimes with impunity.”
Kalt calls it the “zone of death.” It is created by a legal loophole. Before Montana, Wyoming and Idaho became states, Yellowstone National Park was founded in 1872. Although the majority of the park sits in Montana, there are portions that lie in both Idaho and Wyoming. As a national park, Yellowstone falls under federal jurisdiction. Kalt points out that the District Court which hears the issues in Yellowstone National Park sits in Wyoming. This is true despite the fact that Yellowstone also has land in those two other states. Thus, unlike any other District Court in the United States, the District of Wyoming includes land of other states. The zone of death is the 50 square miles of Yellowstone National Park that sits in Idaho.
Yellowstone National Park’s Idaho territory has been given the title “Zone of Death.” Photo Courtesy of the National Park Foundation.
If someone commits a murder in that section, they are automatically tried in Wyoming. However, the Constitution states that trials should be held in the state where the crime was committed. So, someone may demand the trial be held Idaho. Once there, a local jury would be called to serve on the case. But there is no one who lives in that 50 square mile section of Yellowstone in Idaho. Because that section is federal land, no one is allowed to live there. Unless the murder approves of the trial being held in Wyoming, the trial cannot be held at all.
“The courts may or may not agree that my loophole exists, and in any case this Essay is not intended to inspire anyone to go out and commit crimes,” Kalt concludes. “Crime is bad, after all – but so is violating the Constitution. If the loophole described in this Essay does exist it should be closed, not ignored. In sum, when Congress set up this park and admitted these three states, it made a mistake,” Kalt writes.
“Congress can be forgiven on the park side because Yellowstone was the world’s first national park, and there was no precedent.” He then adds that “But Congress should have known how to set up states, having done it forty times before.”
Kalt argues that there is a solid chance they could get away with murder using your Constitutional rights, but there are still other ways you could be punished.
“If the government could not prosecute you, your victims and their families could sue you. Of course, if they get wind of your Constitutional argument before you leave the scene of the crime, they could just give you a dose of your own medicine, administering vigilante justice with similar impunity.”
Currently, no changes have been made regarding this “loophole” for murder in Yellowstone National Park.
By: Emily Green Impunity Watch Reporter, South America
RIO DE JANEIRO, Brazil– On Monday November 13, thousands of women flooded the streets of Brazil in protest of a congressional vote to ban abortion. If enacted, the constitutional amendment would prohibit abortion under any circumstances.
Women march against proposal for total abortion ban in Rio. Image Courtesy of Silvia Izquierdo.
Protestors carried their children along with them as they shouted, “our bodies are ours!” The march reached the Rio state legislature and scuffles with authorities developed. The Police were forced to fire tear gas to settle the crowd.
Right now, Brazil’ criminal code allows abortion for pregnancies that result from rape, as well as pregnancies that endanger the mother’s life. Also, many women have been allowed to abort anencephalic fetuses. Courts found it was traumatic to make women give birth to infants that would certainly die from birth defects after delivery.
Brazil’s Chamber of Deputies, made up of all men, voted 18-1 in favor of this constitutional amendment to further restrict abortions. The only female congresswoman to vote, Erika Kokay, gave the only ‘nay’. If enacted, this amendment would ban all abortions in Brazil and remove any exceptions, including those for victims of rape. Congressman Tadeu Mudalen, in favor of the ban, asserts that “life starts at the moment of conception and therefore should be protected by law.”
However, the victory in this special committee is not binding. Since it is a constitutional amendment, it needs a super-majority in both Congress’ lower house and the Senate to become law. Rodrigo Maia, speaker of the Chamber of Deputies, assures that any ban on abortion without exception for rape won’t pass his chamber.
In Brazil, hundreds of women have died from unsafe abortion in the last few years. Women and girls who do not wish to continue their pregnancies will be forced to continue them against their will or will resort to terminating them clandestinely. Even if the pregnancy threatens their health or results from rape, the law allows no exception. These illegal abortions are dangerous and could lead to prison sentences of up to three years.
Maira Kubik Mano, a Ph.D from the University of Bahia says that “if this bill passes, it will most affect poor, black Brazilian women, as they can’t afford to be treated in clandestine abortion clinics.” The typical profile of women who seek abortions are those who haven’t studied further than high school and have limited access to birth control and sex education. Even with the current restrictive law, wealthy women are the only ones who have access to safe procedures in private clinics.
This demonstration in Rio is just one of several going on in other Brazilian cities. Women carry signs reading “Secular uterus” and “I don’t deserve to bear the child of my rapist.”
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