Guatemala Gets Long-Overdue Apology for U.S. Unethical Experiments

By Patrick Vanderpool
Impunity Watch Reporter, South America

WASHINGTON, DC – President Obama apologized this week for what many consider the most infamous example of unethical medical research in history.  From 1946-1948, American public health doctors deliberately infected hundreds of Guatemalans with venereal diseases so that the doctors could test the effectiveness of penicillin.

The experiment exposed as many as 700 Guatemalan prisoners, mental health patients and soldiers to these diseases.  Records indicate that the United States actually paid for infected prostitutes to sleep with Guatemalan prisoners in an effort to spread the diseases.  If that did not work, some prisoners had the bacteria introduced to open wounds on their bodies.

It has taken the United States more than 60 years to apologize for the horrific treatment of these Guatemalans.  Although many feel that it is likely more form than function, the U.S. State Department has assured that an investigation will be conducted on the matter.

Guatemalan President Álvaro Colom, who just recently learned of the experiments via a telephone call from Secretary of State Clinton, called them “hair-raising” and “crimes against humanity.” His government said it would cooperate with the American investigation and would also perform an independent investigation of their own.

Professor Reverby, a Wellesley College Professor who is credited with bringing these experiments to public attention with a recent paper, said that the United States Public Health Service “was deeply interested in whether penicillin could be used to prevent, not just cure, early syphilis infection, whether better blood tests for the disease could be established, what dosages of penicillin actually cured infection, and to understand the process of re-infection after cures.”

While many would like to believe that the U.S. discontinued the experiment after only two years because of the ethical and humanitarian considerations, the evidence simply does not support such a finding.  More likely, the project was halted after “medical gossip” began to accumulate and because penicillin, which was quite costly, was being used at an exorbitant rate.

Dr. Mark Siegler, director of the Maclean Center for Clinical Medical Ethics at the University of Chicago’s Medical School, said that “[the project is] appalling — that, at the same time as the United States was prosecuting Nazi doctors for crimes against humanity, the U.S. government was supporting research that placed human subjects at enormous risk.”

Dr. Siegler also stated that the Guatemala experiment was worse than the famous Tuskegee trials that infected African-Americans living in Alabama with syphilis because many of those subjects were infected by natural means, while many of the Guatemalan subjects were infected by inhumane and almost tortuous means.

Perhaps the most disconcerting aspect is that U.S. Public Health Service was entirely aware of the ethical violations at play here, and consciously disregarded them.

For more information, please see:

USA News Week – U.S. Expresses Regret Over Infecting Guatemalans for STD Tests – 2 October 2010

CNN – Studies Show “Dark Chapter” of Medical Research – 1 October 2010

Latin American Herald Tribune – U.S. Apologizes to Guatemala for Syphilis Experiments – 1 October 2010

The New York Times – U.S. Apologizes for Syphilis Tests in Guatemala – 1 October 2010

Slave-Like Conditions Found on Fishing Boats Supplying Europe

By Christina Berger
Impunity Watch Reporter, Europe

LONDON, England – Workers are suffering slave-like conditions on illegal fishing boats supplying fish and seafood to the European market, according to a report published Thursday by the London-based group Environmental Justice Foundation (EJF).  The report “All at Sea – The Abuse of Human Rights Aboard Illegal Fishing Vessels” follows an investigation by EJF spanning four years.

Living quarters on illegal fishing vessel often about a meter high (Photo Courtesy of EJF)
Living quarters on illegal fishing vessels are often about a meter high. (Photo Courtesy of Environmental Justice Foundation)

EJF investigated fishing trawlers operating off the coast of Sierra Leone and Guinea.  The boats have official European Union numbers, which means they are licensed to sell to the European market.  The biggest landing point for fish from west African waters is Las Palmas in the Canary Islands, which senior EU officials have criticized for its slack inspection procedure.

The official European Union numbers carried by the boats also mean that those vessels should have passed strict hygiene standards.  However, the EJF report alleges that extremely unhealthy and hazardous conditions exist on board many of the vessels they investigated.

The report claims that the “worst cases meet the International Labour Organization definition of forced labor, including physical confinement, compulsion, retention of identity documents, and non-payment of wages.”  The report goes on to detail conditions where crew members have been “punched, beaten with metal rods, deprived of sleep, imprisoned without food or water, and forced to continue working after injury; the worst cases of violence include murder.”

Some workers are forced to work in areas sorting fish with no ventilation and temperatures well over 100 ˚F.  Photographs and video show living quarters where the ceiling is less than a meter high, or where wooden structures are perched precariously on deck in danger of “being washed over the side.”

EJF alleges that workers are drawn from rural areas of countries like Vietnam or the Philippines, as well as locals, with the promise of higher wages than they could earn at home.  It’s only when they get to the boat that they find those promises never materialize – usually after their passports have been taken away.

The report details one case of a vessel fishing illegally in Sierra Leonean waters,  where “[local] crew members had been picked up in Freetown and taken on without contracts and were not given cash payment.  Instead they were paid in boxes of frozen ‘trash’ fish, which is the bycatch rejected by the European market.

EJF did not originally intend to investigate human rights abuses, but rather focus on illegal fishing practices.

Duncan Copeland,  an EJF investigator, said, “We didn’t set out to look at human rights but rather to tackle the illegal fishing that’s decimating fish stocks, but having been on board we have seen conditions that unquestionably meet the UN official definition of forced labour or modern-day slavery.”

For more information, please see:

MSNBC – Report finds slave-like conditions on fishing vessels – 30 September 2010

GUARDIAN UK – Modern-day slavery: horrific conditions on board ships catching fish for Europe – 30 September 2010

AOL NEWS – Slavery Found on Fishing Boats Supplying Europe – 30 September 2010

EJF – EJF Releases New Report – 30 September 2010

Suu Kyi, Myanmar Political Prisoner

By David L. Chaplin II
Impunity Watch Reporter, Asia

RANGOON, Union of Myanmar – The anticipated release of Nobel laureate Aung San Suu Kyi, scheduled for November 13, has placed the Burmese government under International pressure.  Suu Kyi’s National League for Democracy party won in a landslide election success in Myanmar in 1990, but the military junta overruled the results.  

Aung San Suu Kyis supporters rally at Burmas embassy in Tokyo yesterday
Aung San Suu Kyi's supporters rally at Burma's embassy in Tokyo yesterday

Suu Kyi, has become the icon of Myanmar’s pro-democracy movement and remains the military government’s most well-known opposition.  Myanmar has been under military rule since 1962. Critics say the coming elections aim to create a disguise of democracy. The regime recently passed a law that made her ineligible to stand in the November 7 election because of her court conviction, due to a bizarre incident in which an American swam to her lakeside home.

The November poll is part of the junta’s long-announced “roadmap to democracy”, but critics have dismissed it as a sham designed to keep the military in power.

The country needs to show the world that its November elections are credible by releasing Suu Kyi and all other political prisoners, U.N. Secretary-General Ban Ki-moon said this week.

“The regime has repeatedly claimed it intended to release her on various dates over the years and has then failed to follow through on its commitment to release her.  So, ultimately, I don’t tend to follow what they say, but rather what they do,” said attorney Jared Genser, who is based in Washington.

Mr. Ban said after Monday’s meeting, that the ministers had reiterated the need for the election process to be “more inclusive, participatory and transparent”.

Nyan Win, the foreign minister, rejected international condemnation on Tuesday, insisting that the junta is committed to a “free and fair” vote.

But, uncertainty continues to mount over whether the military regime will actually release the 65-year-old human rights and democratic activist, known reverently among Myanmar’s people as “The Lady”, will remain until the moment she appears in public.

Suu Kyi’s National League for Democracy (NLD) was forcibly disbanded in May, under the new and prohibitive election laws.

Government hurdles to opposition candidates include a fee of $500 per candidate, the equivalent of several months’ pay, for the majority of the Burmese people.

The National Democratic Force (NDF), a breakaway opposition party, is among those planning to contest the vote, a decision that put it at odds with Suu Kyi.

A Myanmar analyst based in Thailand said any release would come with conditions and that Suu Kyi “won’t be free to go out”.  “It’s a military dictatorship. No matter what the legal background of the issue, if they don’t want to release her, she won’t be released,” Aung Naing Oo said.

Along with promises to release Suu Kyi, the government, this week, moved to quash what it views as attempts to undermine the vote.

For more information, please see:

CNN World – Lawyers skeptical about Myanmar releasing Suu Kyi – 1 October 2010

Al Jazerra English – Suu Kyi to be ‘freed’ after polls – 1 October 2010

BBC – UN chief call for ‘inclusive’ Burma election – 27 September 2010

U.N. REPORT ON DR CONGO-KILLINGS MAY BE GENOCIDE

By Elly On
Impunity Watch Reporter, Africa

DR Congo-A UN report on killings of civilians in the Democratic Republic of Congo in 1994 has shed a new view on genocide. The report accuses Rwandan and Ugandan forces of participating in atrocious genocide of innocent civilians in DR Congo. Most of the civilians were children, women, elders, and the sick who were undernourished and posed no threat to the attacking forces.

In 1994, more than 800,000 people, mostly the ethnic Tutsi group members in Rwanda, were killed by the Hutu. A Tutsi-led government seized control over Rwanda and the Hutu military fled with Hutu civilians to Congo (known as Zaire at the time).  With the help of a Congolese rebel force, Rwanda invaded Congo to pursue the Hutu militias.

The 545-page UN report on the atrocities that took place during the war details 600 of the most serious reported atrocities. Then, it poses the question–whether Rwanda could be found guilty of genocide against the Hutu. The 600 atrocities include incidents and allegations of massacres of civilians, torture, and the destruction of infrastructures that led to deaths of civilians. Most of the victims were children, women, elderly people and the sick.

In response to the report, Uganda and Rwanda denied such allegations and called the report dangerous and deeply flawed. Paul Kagame, the President of Rwanda, threatened to withdraw its peacekeepers from the joint UN-African Union peacekeeping mission in Sudan’s Darfur region in response to the report. Uganda, also accused of atrocities, described the draft report as “deeply flawed” and had threatened to pull out of peacekeeping missions, such as Somalia.

 DR Congo’s permanent representative at the UN demands justice and that their voices be heard by his government and the international community.

For more information, please see:
BBC News–UN Report says DR Congo killings may be genocide–1 October 2010
The New York Times–U.N. Congo Report Offers New View on Genoice–27 August 2010
Yahoo News–UN tones down Congo ‘genocide’ report–30 September 2010

Human Rights Council Fails Victims of Gaza Conflict

AMNESTY INTERNATIONAL

PUBLIC STATEMENT

AI Index: MDE 15/023/2010

30 September 2010

Human Rights Council fails victims of Gaza conflict

The UN Human Rights Council’s weak response yesterday to the continuing failure of both the Israeli and Hamas authorities to genuinely investigate violations of international law committed during the 2008-9 conflict in Gaza and southern Israel amounts to a betrayal of the victims, Amnesty International said today.

Having considered on Monday a report by a Committee of Independent Experts highlighting the inadequacies of domestic investigations into allegations of violations – including war crimes and possible crimes against humanity – identified in the September 2009 report of the UN Fact-Finding Mission led by Justice Richard Goldstone, the Human Rights Council adopted a seriously flawed resolution that fails to establish a clear process for justice.

Instead of meaningfully supporting the long quest of the conflict’s victims for justice by taking action towards an international justice solution, the Human Rights Council merely renewed the Committee’s mandate and asked it to present another report in March 2011.

Amnesty International sees little value in the decision to extend the work of the Committee. Both sides have had adequate time to investigate the crimes and they are failing to do so. This is unlikely to change in the next six months. The Council’s decision will only further delay justice for victims who have already been waiting more than 20 months since the end of the 22-day conflict.

The Committee’s report supported Amnesty International’s evaluation that the domestic investigations carried out by both the Israeli government and the de facto Hamas administration in Gaza do not meet the required international standards of independence, impartiality, thoroughness, effectiveness and promptness. In its conclusions, Amnesty International called on the Council to:

  • recognize the inadequacies of the investigations conducted by Israel and the Hamas de facto administration;
  • call on the International Criminal Court Prosecutor to urgently seek a determination from the Pre-Trial Chamber on whether the Court has jurisdiction to investigate crimes committed during the Gaza conflict;
  • call on states to investigate and prosecute crimes committed during the conflict before their national courts by exercising universal jurisdiction;
  • refer the Committee’s report to the Council’s parent body – the General Assembly; and
  • request that the Secretary-General place the report before the Security Council.

By ignoring such recommendations, Amnesty International believes that the Human Rights Council has once again put politics before human rights and the victims of gross violations of humanitarian and human rights law.

Amnesty International is also concerned that the resolution failed to recognize or properly address the responsibility of the Hamas de facto administration in Gaza. Hamas was a party to the conflict and the UN Fact-Finding Mission levelled accusations of violations against it and other Palestinian armed groups. The report of the Committee of Independent Experts addressed both the violations alleged to have been committed by Hamas and the investigations they said they had undertaken.

Yesterday’s resolution addressed only the investigations by Israel and the Palestinian Authority (PA) and urged the Palestinian Independent Investigation Commission, established by the PA, to consider alleged violations in Gaza. However the PA Commission, which is based in the West Bank, made clear in its report (submitted to UN Secretary-General Ban Ki-moon in July 2010) that they have been unable to access the Gaza Strip and unable to undertake any investigations in Gaza into the firing of indiscriminate weapons by Palestinian armed groups into southern Israel.

Earlier this week Amnesty International called for the Prosecutor of the International Criminal Court to urgently seek a determination by the Pre-Trial Chamber on whether the Court has jurisdiction over the Gaza conflict.

Amnesty International also reiterated its call for all states to investigate and prosecute crimes committed by both sides during the conflict before their national courts by exercising universal jurisdiction.

Background

Resolution A/HRC/15/L.34 regarding “Follow-up to the report of the Committee of independent experts in international humanitarian and human rights law established pursuant to Council resolution 13/9” was passed on 29 September 2010 by the Human Rights Council in its 15th session.

A total of 27 member states of the Human Rights Council voted in favour of the resolution and one voted against it (the USA). Nineteen states abstained, including all EU states that have a seat on the Council.

The resolution is available at:

http://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/15/L.34

The report of the Committee of Independent Experts is available at:

http://www2.ohchr.org/english/bodies/hrcouncil/docs/15session/A.HRC.15.50_en.pdf

Amnesty International’s assessment of the Israeli and Palestinian investigations is available at:

http://www.amnesty.org/en/library/info/MDE15/022/2010/en

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