Wiretapping Investigation Opens in Colombia

By R. Renee Yaworsky
Impunity Watch Reporter, South America

Former president Uribe. (Photo courtesy of Colombia Reports)
Former president Uribe. (Photo courtesy of Colombia Reports)

BOGOTA, Colombia—An investigation into Colombia’s former president Alvaro Uribe has been opened by the Accusation Commission of the Colombian House of Representatives.  The investigation, which began on Tuesday, will discover any role Uribe may have played in the illegal wiretapping of political opponents.  The scandal has been called “far worse than Watergate” by the Washington Office on Latin America.

Numerous  officials who served under Uribe have also been under fire.  Bernardo Moreno, who was Uribe’s personal secretary, was convicted of illegally wiretapping politicians, journalists, human rights organizations, and Supreme Court magistrates.  Moreno was banned from holding any public office for 18 years.

Andres Felipe Arias, who served under Uribe as agricultural minister, is also being investigated for allegedly funneling millions of dollars in state subsidies for impoverished farmers into affluent families.  It is believed that the money went to landowners and agro-industrial companies that supported Uribe in his 2006 presidential campaign.  Arias is a familiar name to many Colombians as he recently ran for president against the current President Santos.

Although Uribe has admitted responsibility for Moreno’s acts, he has fervently defended his administration.  “We avoided allowing the guerrillas and paramilitaries who took the country to turn Colombia into a failing state,” he recently posted on the social networking website Twitter.  Uribe also Tweeted about the accomplishments of his presidency, such as battling poverty and extraditing drug traffickers.

Uribe is now teaching at Georgetown University and continues to be an object of controversy.  Last month, while giving a lecture, Uribe was protested by demonstrators outside; inside, a student approached the former president and confronted him about his poor human rights record.

“This was Uribe trying to clean his image, basically, in front of our future leaders,” the student later told Newsweek.  “He needs to be put in front of a criminal court.”

More than 150 scholars, including 10 Georgetown professors, have signed a petition calling for Uribe’s termination from his Georgetown post.  The accompanying letter, composed by a priest, stated that Uribe’s position at the institution “is not only deeply offensive to those Colombians who still maintain moral principles, but also places at high risk the ethical development of the young people who attend our university.”

For more information, please see:

Colombia Reports-Uribe mounts Twitter defense of policies-14 October 2010

Radio Netherlands Worldwide-Colombia’s Congress Investigates ex-president Uribe-13 October 2010

Newsweek-Appointment of Colombian Ex-President Sparks Controversy at Georgetown-13 October 2010

Colombia Reports-Congress opens wiretap investigation against Uribe-12 October 2010

Retired Chinese Officials demand more freedom

By Joseph Juhn
Impunity Watch Reporter, Asia

BEIJING, China — Two dozens of retired Chinese Communist Party members who once led the country under the leadership of Mao Zedong former Chairman, have challenged the government and called for freedom in speech and press.

The group, drawn from the military, state media, and academia, bluntly criticized the party’s Central Propaganda Department as an “invisible black hand” powerful enough to censor the prime minister Wen Jiabao’s call for greater political openness and an end to government control of media outlets.

The open letter by party elders including Li Rui, Mao’s secretary, was published on the Internet.

“What right does the Central Propaganda Department have to muzzle the speech of the premier?’’ stated the letter, referring to a branch of the party that focuses on ideology. “What right does it have to rob the people of our nation of their right to know what the premier said?’’

In late August, during a visit to the economically vibrant city of Shenzhen, Wen made remarks on the need for the Chinese government to adopt democratic election system. His speech, however, were never reported in most of the strictly controlled mainland press. Wen’s remarks to the U.N. General Assembly were also similarly vetted and removed in the mainland media when he made references to political reform.

The letter was released amid escalating tension following the award of the Nobel Peace Prize to imprisoned Chinese democracy activist Liu Xiaobo.

The Chinese government continued to express its vilification as it cancelled another meeting with Norwegian officials and denouncing the award as an offense to the Chinese people and a cunning plan to try to change the country’s political system.

“Some politicians from other countries are trying to use this opportunity to attack China,” Ma Zhaoxu, a Foreign Ministry spokesman, told reporters on Tuesday. He added that the prize, announced Friday, “shows disrespect for China’s judicial system” because the recipient is a convicted criminal under the Chinese law.

Liu was given the Peace Prize for his courage and struggle to advocate for human rights and democracy, the Nobel committee said Oct. 8. The 54-year-old political dissident was ordered jailed last year for 11 years for organizing Charter 08, an open letter demanding democratic elections and freedom of assembly, which are guaranteed in China’s constitution.

Although initially signed electronically by thousands of intellectuals, students and former Communist Party officials, Charter 08 has since been blocked on the Internet and is hardly known to any Chinese.

In the meantime, Liu’s wife updated her Twitter account harshly criticizing the government for keeping her under house arrest and said she hopes to travel to Norway to accept the prize on behalf of her husband.

In response to her confinement, Richard Buangan, a United States Embassy spokesman, said in an e-mail, “her rights should be respected, and she should be allowed to move freely without harassment.”

“We urge China to uphold its international human rights obligations and to respect the fundamental freedoms and human rights of all Chinese citizens,” he added.

For more information, please see:

The Boston Globe – Chinese elders call for more freedom – 14 October 2010

The New York Times – Beijing Calls Nobel Insult To People Of China – 12 October 2010

The Washington Post – In China, silence greets talk of reform – 13 October 2010

“Viva Palestina” Will Bring Aid to Palestinians in Gaza

By Eric C. Sigmund
Impunity Watch Reporter, Middle East

JERUSALEM, Israel – The aid flotilla “Viva Palestina” will depart this weekend from Syria in route to Egypt in order to deliver much needed aid and goods to Palestinians in Gaza.  “Viva Palestina” is said to be the largest aid convoy to break the Gaza embargo.  Despite international pressure, Egypt announced today that it will allow the flotilla to dock at its Al-Arish port in order to facilitate the transportation of goods into Gaza.  The government however, noted that it will prohibit George Galloway, the British ex-parliamentarian who is a member of the convoy, from entering the country as he is considered a persona non grata, literally meaning “an unwelcome person.”   

Viva Palestina Bound for Gaza this Weekend (Photo Courtesy of Palestine News Network)
Viva Palestina Bound for Gaza this Weekend (Photo Courtesy of Palestine News Network)

Accompanying this convoy are 40 survivors of the fatal aid flotilla crisis this summer.  The main ship in the flotilla is said to be carrying 380 activists from 42 countries, 147 vehicles and about $5 million in medical aid to Gaza.  Kevin Ovednen, the leader of the convoy, announced his pleasure with the Egyptian government’s decision, stating “[w]e are anxious to get to Gaza as soon as possible to deliver the goods and to show the people of Gaza that we have not abandoned them.”  

Egypt’s decision to refuse entry to George Galloway comes in response to clashes instigated by aid providers led by Galloway against Egyptian police in January of this year.  Fighting erupted when the aid providers and a convoy of aid carrying vehicles were denied entry into Gaza.  Commenting about Egypt’s decision to deny him access this time around, Galloway stated “I was not deported from Egypt and I am not ‘persona non grata’ there.”  He further commented “I have no wish to have a fight with the Egyptian government; my fight is with Israel.”

Israel imposed the embargo on the Gaza Strip in June 2007 after Hamas too control of the area.  The embargo covers numerous food items, medical supplies, and infrastructural products like cement.  Palestinians in the Gaza Strip have been forced to suffer food shortages and extended periods of time without electricity and gas.  Since the flotilla incident in May, Israel has eased some of the restrictions imposed under the blockade.  The recent exceptions however, have only had a marginal effect on addressing the humanitarian crisis in Gaza and the freedom of movement of Palestinians in Gaza remains very limited. 

For more information, please see:

Al-Jazeera – Egypt Grants Passage to Gaza Convoy – 14 Oct. 2010

CNN World News – New Aid Convoy Departing for Gaza This Weekend – 14 Oct. 2010

Jerusalem Post – ‘Viva Palestina’ Aid Flotilla Set to Depart for Gaza – 14 Oct. 2010

Palestine News Network – Egypt Allows Viva Palestina Aid Convoy Into Gaza – 14 Oct. 2010

Congolese Warlord’s Trial to Resume

By Daniel M. Austin
Impunity Watch Reporter, Africa

Congolese Warlord Thomas Lubanga (Photo courtesy of  All Africa)
Congolese Warlord Thomas Lubanga. (Photo courtesy of All Africa).

THE HAGUE, Netherlands-The International Criminal Court (ICC) ruled that Mr. Thomas Lubanga, the rebel warlord from the Democratic Republic of the Congo (DRC), will remain in custody after his trial was suspended for prosecutorial misconduct. The decision delivered October 8, by the ICC’s Appeals Chamber’s President Sang-Hyun Song, overturned a lower court’s ruling that called for ending Mr. Lubanga’s trial and releasing him.  Mr. Lubanga is on trial for war crimes, which included enlisting child soldiers under the age of 15 to fight for his militia.

This is the first case tried under the ICC’s specially designated war crimes court. However, the trial has been wrought with problems since beginning in January 2009 including issues with witness testimony as well as charges of prosecutorial misconduct. The conduct of the chief prosecutor, Luis Moreno-Ocampo, was the foundation for the recent Appeal Chamber’s ruling.

Thomas Lubanga stands accused of leading the Union of Congolese Patriots (UCP) – a rebel group that has fought for control of the resource-rich Ituri region, which is located in eastern DRC. The fighting, which occurred between September 2002 and August 2003, transformed a land dispute into an ethnic war between members of the Hema and Lendu tribes. It is estimated that as many as 50,000 people were killed during this war and several hundred thousand more were left homeless.

Mr. Lubanga’s trial was suspended on July 8, 2010 because of accusations the prosecutor had disobeyed court orders and did not follow court procedures. In particular, Mr. Moreno – Ocampor did not release the name of an investigator who worked for the prosecution as an intermediary tasked with finding witnesses for the trial. This individual has been identified as “intermediary 143”. The prosecution insisted that if the intermediary’s name was released before adequate safety protection was in place, he could be harmed.  The prosecution has subsequently released the name of the intermediary.

The Appeals Chamber found the actions of the prosecution intrusive to the powers of the judiciary but did not find the conduct so severe that the trial could not continue. Furthermore, the Appeals Chamber ruled that the trial court should have used more appropriate measures to deal with this prosecutorial misconduct.  In their ruling, the trial court should have given the prosecution time to comply with their court order before suspending the proceedings.

For more information, please see:

Al-Jazeera — DR Congo warlord’s trial to restart — 8 October 2010.

All Africa   — The Appeals Chamber Reversed the Decisions to Stay Proceedings and to Release Thomas Lubanga Dyilo — 8 October 2010.

BBC Africa — Thomas Lubanga: ICC trial of DR Congo warlord to resume — 8 October 2010.

Reuters Africa – War crimes court to rule on warlord’s release — 8 October 2010.

Former Military Leadership Sentenced For Massacres

By Patrick Vanderpool
Impunity Watch Reporter, South America

Vladimiro Montesinos Entering Courtroom (Photo courtesy of IPSnews.com)
Vladimiro Montesinos Entering Courtroom (Photo courtesy of IPSnews.com)

 LIMA, Peru – High ranking members of Peru’s military have been sentenced to prison terms that range from fifteen to twenty-five years for their roles in civilian massacres.

Vladimiro Montesinos, former intelligence chief under ex-President Alberto Fujimori, and military commander Nicolás Hermoza, were convicted of ordering and carrying out killings on civilians.

Aside from President Fujimori, Montesinos and Hermoza were the two most powerful men in the political regime from 1990-2000.  The two disgraced military men were found guilty of aggravated homicide in the 1991 massacre of fifteen people in the Lima neighborhood of Barrios Altos, and the killings in 1992 of nine peasants in the northern town of El Santa and journalist Pedro Yauri.  Montesinos and Hermoza were responsible for authorizing a special commando unit that carried out the killings.

Montesinos and Hermoza’s actions were not an isolated occurrence.  Retired generals Julio Salazar, former head of the National Intelligence Service, and Juan Rivero, former head of the Army Intelligence Directorate are also facing twenty-five year sentences for their roles in the massacres.  Additionally, Santiago Martin Rivas, the army major who headed the death squad known as the “Colina Group” and major Carlos Pichilingüe, his right-hand man, were sentenced to twenty-five years as well.

Rosa Rojas, whose husband and eight-year-old son were among a group massacred in Barrios Altos stated, “[W]e are satisfied with the sentences, but we aren’t happy. Nothing will relieve the pain we carry inside.”  Rojas went on to say that “[m]y son Javier received eight bullets, one for each year of his life. That pain can’t be erased by a sentence.”

In the case of the Barrios Altos massacre, which claimed Rojas’ husband and son, it was later reported that the killers actually went to the wrong address, and slaughtered a group of people who were not suspects.

During the trial, the defendants justified their crimes claiming that they were “at war against terrorism.”  The Fujimori regime was struggling with the Shining Path, a violent left-leaning Peruvian terrorist group.

Montesinos is already serving a twenty year sentence for his participation in unrelated human rights abuses.  However, under Peruvian law, sentences cannot be served consecutively.

For more information, please see:

Living in Peru – Fujimori’s Right Hand Man Sentenced to 25 Years in Prison – 5 October 2010

IPS – No Sentence will Bring them Back to Life – 4 October 2010

Latin American Herald Tribune – Former Members of Peru Military Brass Sentenced for Massacres – 1 October 2010