Supreme Court justices accuse Venezuelan officials of crimes against humanity

By: Emily Green
Impunity Watch Reporter, South America

CARACAS, Venezuela – The Venezuelan Supreme Court justices have accused President Nicolas Maduro’s government officials of committing crimes against humanity. They filed the complaint with the International Criminal Court while exiled from the country.

Magistrate of the Supreme Court Pedro Troconis gives news conference regarding crimes against humanity. Image Courtesy of Carl Juste.

The complaint was sent to The Hague by Supreme Court justices who were appointed by the opposition. It accuses Maduro and nearly 60 other officials of a systematic persecution of dissent. Any citizen who speaks out against the regime is immediately labeled an enemy of the state. This strict system of social controls and subjugation, the complaint argues, creates a society where “people who are ideologically opposed to it are dominated, moved or destroyed, all with the goal of making it … irreversible.”

The complaint was initially filed by Hebert Garcia Plaza, the former Maduro cabinet minister in charge of food supplies, along with the Supreme Court of Justice. The justices were appointed by the opposition-controlled legislature earlier this year. Now that the National Assembly has been pushed out and replaced with the pro-government constituent assembly, the justices have been exiled under threat of arrest.

The Appeals Branch of the Venezuelan Supreme Court of Justice made the decision to file the complaint. A representative referenced crime involving murder, imprisonment in violation of fundamental international laws, and the persecution of a group because of political motives. Only those who were loyal to the government had access to food and medicines,  so citizens were put in difficult situations. The court added that around 20 million citizens might have to abandon their country because of threats to their health. The risk of dying is high due to poor nutrition, a lack of medicine, and government forces’ deadly actions toward dissidents. They included evidence that Venezuela’s suffering is a direct result of government policies.

This announcement comes just one week after former Venezuelan Attorney General Luisa Ortega, also in exile, asked the International Criminal Court to capture and bring President Maduro to trial. Ortega claims that government officials are responsible for 8,290 deaths carried out by security forces from 2015 to 2017. She sent more than 1,000 pieces of “evidence” to the ICC and proof of repression during anti-government protests. She explained that the killings occurred “under the orders of the executive branch, as part of a social cleansing plan carried out by the government.”

The ICC has authority to investigate and try individuals accused of crimes against humanity when a nation state is deemed unable to carry out the process itself, but the ICC has yet to officially respond to Ortega’s accusations.

The complaint accuses prominent officials such as Interior Minister Nestor Reverol, Defense Minister Vladimir Padrino López, former national guard chief Antonio Benavides Torres, Vice President Tareck El Aissami and former National Assembly President Diosdado Cabello.

For more information, please see:

Miami Herald – Venezuelan officials accused of crimes against humanity in The Hague – 21 November 2017

PanAm Post – Venezuela’s Legitimate Supreme Court to Denounce Maduro Regime before International Criminal Court – 21 November 2017

Venezuela Analysis – Venezuela’s Fugitive Ex-Attorney General Accuses President Maduro of Crimes Against Humanity – 17 November 2017

Reuters – Venezuela’s ex-prosecutor wants Maduro tried at The Hague – 16 November 2017

Independent – Venezuela’s president accused of crimes against humanity – 16 November 2017

Senate Commerce Committee Unanimously Passes Bill on Online Sex Trafficking

By Sarah Purtill
Impunity Watch Reporter, North America

WASHINGTON, D.C., U.S. – On Wednesday, November 8th, the Senate progressed legislation that makes online sex trafficking more difficult. The legislation makes it easier to penalize operators of websites that allow for and facilitate sex trafficking.  This piece of legislation is the most detailed form of action this year that will toughen regulation of internet companies. Major U.S. internet companies stopped opposing the legislation and so now it is moving forward. The legislation will amend a law that has been on the books for decades and has been considered a shield for internet companies.

The Senate Commerce Committee voted unanimously to pass the measure which gives states and sex-trafficking victims the ability to sue social media networks, advertisers and other companies online that do not keep such explicit content off their platforms.  The measure amends Section 230 of the Communications Decency Act.  As it stands now, the act typically protects companies from liability for the activity of its users. Currently, the bill has bipartisanship support. Although, it needs to be passed by both Houses of Congress and signed by President Trump before it officially becomes a law.

Rob Portman supports the change to Section 230 that was unanimously passed by a Senate Committee. Photo Courtesy of J. Scott Applewhite, Associated Press.

Republican Senator Rob Portman, who co-authored the bill, known as the Stop Enabling Sex Traffickers Act said, “This is a momentous day in our fight to hold online sex traffickers accountable and help give trafficking survivors the justice they deserve.” Many feel these changes are needed after concerns from how these platforms were used by Russia in the 2016 election.

Right now, more than 40 Senators co-sponsored the bill and Ivanka Trump has endorsed it.  However, internet companies have long argued that the way the law stands now has allowed for innovation in Silicone Valley to thrive.

Surprisingly, the Internet Association announced their support for the bill last week following changes that were made to it. The Internet Association includes companies such as Amazon, Facebook and Google. The changes that were made stated that criminal charges would be based on violations of federal human trafficking laws and that the standard for liability would require a website to have “knowingly” assisted in facilitating human trafficking.

The opposition to the bill comes from Democratic Senator Ron Wyden who placed a hold on the bill. The Senator claims that  if the bill is set before the Senate for a vote, as it stands, it favors large companies at the expense of smaller startups and “stifles innovation.”“After 25 years of fighting these battles, I’ve learned that just because a big technology company says something is good, doesn’t mean it’s good for the internet or innovation,” Wyden said in a statement. “Most innovation in the digital economy comes from the startups and small firms, the same innovators who will be harmed or locked out of the market by this bill.”

Additionally, dozens of civil liberties organizations said the bill places a threat on free speech online and harms small companies who do not have as many resources available to them to police their platforms for such use.

For more information, please see:

Blaze – Facebook and Other Tech Companies Reverse Course, Decide to Back Senate Bill to Stop Sex Trafficking – 8 November 2017

CNET – Senate Committee Passes Bill to Stop Online Sex Trafficking – 8 November 2017

The Hill – Senate Panel Approves Online Sex Trafficking Bill – 8 November 2017

Reuters – U.S. Senate Panel Advances Crackdown on Online Sex Trafficking – 8 November 2017

China Banned Travel to North Korea Ahead of Trump Visit

Brian Kim
Impunity Watch Reporter, Asia 

BEIJING, China – On Tuesday, November 7th, the Chinese government banned tourism to the North Korean capital Pyongyang. This order was issued right before President Donald Trump’s first official visit to China.

The statues of Kim Il-Sung and Kim Jong-Il in Pyongyang. Photo courtesy of AFP/Getty Images.

Based on numerous sources, Chinese tour groups based out of the border city of Dandong have been ordered to stop all trips to Pyongyang. The companies were also ordered to run only one-day trips to the North Korean city opposite of Dandong called Sinuiju. Previously, the Chinese tour companies were allowed to run three-day or longer trips to North Korea.

The government did not provide a reason for this recent ban. Although some believe that it is because there aren’t many people traveling to Pyongyang, many believe that it is connected to increasing sanctions against North Korea.

With 80 percent of all foreign visitors to North Korea coming from China, the experts believe that it will have an impact with the North Korean economy. Currently, tourism is one of few ways North Korea is able to earn hard currency. Moreover, a think-tank in South Korea has reported that tourism generates around $44 million in annual revenue for the North. In 2012, around 237,000 Chinese visited North Korea.

During his two-day trip to China, President Trump discussed with Xi Jinping on a number of issues. Most importantly, the two leaders discussed North Korea’s nuclear missile tests.

Earlier this year, the United States banned all travel to North Korea after the death of a 22 year-old student, Otto Warmbier. The University of Virginia student was held in North Korea for more than a year and died soon after arriving back to the United States.

For more information please see:

Reuters – Exclusive: China curbs tourism to North Korea ahead of Trump visit – 7 November, 2017

Independent – China ‘bans tourism to North Korea’ day before Trump visit – 7 November, 2017

Newsweek – CHINA BANS NORTH KOREA TOURISM ONE DAY BEFORE TRUMP ARRIVES – 7 November, 2017

Potential ICC Investigation Into the Actions of the Taliban, the United States, and Afghanistan Authorities

By: Katherine Hewitt
Impunity Watch Reporter, Asia

KABUL, Afghanistan – On 3 November 2017 Fatou Bensouda, a prosecutor for the International Criminal Court (ICC), put forth a request to start an investigation into war crimes and crimes against humanity committed in Afghanistan. Her investigation will focus on crimes committed since 1 May 2003 in Afghanistan as well as others linked to the armed conflict since 1 July 2002.

Fatou Bensouda, ICC Prosecutor. Photo Courtesy of the ICC.

She completed a preliminary examination of the events in Afghanistan and believes that all requirements, stated in the Rome Statute, to develop a case are present. The analysis began more than ten years ago.

In order for a case to develop in the ICC, a prosecutor must bring forth a case with evidence to a Pre-Trail Chamber. After listening to the case and reviewing the evidence provided from the preliminary investigation, the ICC can approve or deny the request for a formal judicial investigation.

Bensouda identified three categories of actors that would be involved in ICC investigations. She believes abuses were committed by the Taliban, U.S. Soldiers/Central Intelligence Agency officials, and Afghanistan government officials. The Rome Statue, which governs the actions of the ICC, states that anyone can be prosecuted for crimes that happened within a country that signed the Rome Statue. Therefore, despite the U.S. not being a signatory of the ICC, U.S. officials could still be tried in court.

Human Rights supporters applaud this movement. Many crimes have gone unnoticed and unpunished in Afghanistan over the past 10 plus years. They hope that this investigation will shed light on what has been happening as well as bring justice to the victims.

 For more information, please see:

Human Rights Watch – Inching Closer to Justice in Afghanistan – 3 November 2017

International Criminal Court – Statement of ICC Prosecutor, Fatou Bensouda, regarding her decision to request judicial authorisation to commence an investigation into the Situation in the Islamic Republic of Afghanistan – 3 November 2017

The Washington Post – ICC seeks investigation into war crimes in Afghanistan since 2003 – 3 November 2017

International Criminal Court – Report on Preliminary Examination Activities 2016 – 14 November 2016

Young Refugees in Germany Pushed Into Prostitution

By Jenilyn Brhel
Impunity Watch Reporter, Europe

BERLIN, Germany – Young refugees are being pushed into prostitution in Germany by the people hired to protect them, a new report finds.

A Young Migrant. Photo Courtesy of W. Steinberg.

A program by public broadcaster ZDF called “Frontal 21” ran in Germany on Tuesday, November 7th. The broadcast alleges that employees of security companies in Berlin are pushing refugees at accommodation centers into prostitution.

The security guards reportedly meet with refugees – including minors –  in shelters and encourage them to take up prostitution. The guards earn commissions for each referral.

ZDF interviewed several security guards who admitted to the practice and indicated that young men are particularly vulnerable. One guard indicated that “they need to be of a certain age, attractive. From 16 years and up; the younger they are, the more expensive they are.”

Another guard responsible for the oversight of several shelters admitted to a network of pimps within the refugee homes.

Several refugees corroborated the guards’ statements. A 20 year-old Afghan migrant told ZDF that after his refugee application was rejected, he was approached by a security guard with an offer. He was told that  “for sex with a woman you get €30, maybe even €40”. He stated that he had to earn money to survive but that “I’m ashamed of what I do.”

A social worker in Berlin interviewed by ZDF stated she has been monitoring the situation. She witnessed guards giving money to residents at a shelter and confirmed with the residents that prostitution is occurring.

Berlin’s Department for Integration, Labor and Social Affairs have advised that the allegations are being taken seriously and are under investigation.

“We have to take this very seriously, because it is totally unacceptable to exploit the material hardships that many refugees and migrants are in,” said Steffen Seibert, spokesman for the German government. “It would be morally reprehensible if they were forced into prostitution.”

The allegations against the guards come after the United Nations reported in September that 75% of youth migrants coming into Europe are victims of forced labor, sexual abuse, child marriage and other exploitation.

“If the allegations of security staff profiting from and driving refugees into prostitution are true, these would be very serious charges,” said Steffen.

The allegations come amidst concerns over how to accommodate migrants in Germany. Between 2015 and 2016, over one million refugees arrived.

For more information, please see:

Deutsche Wells – Berlin Security Guards Pushed Young Refugees Into Prostitution – 25 October 2017

Gulf News – Berlin Security Guards Pushing Refugees Into Sex Work: Report – 25 October 2017

The Local Germany – Security Guards in Berlin are Pushing Refugees Into Prostitution: Media Report – 25 October 2017

Reuters – Germany Investigating Reports of Refugees Forced Into Prostitution – 26 October 2017

USA Today – Young Refugees Pushed Into Prostitution in Germany – 26 October 2017