A Voice for the Voiceless

Argentine Plaintiffs Seek Judicial Inquiry into Franco Era Crimes

By Sovereign Hager
Impunity Watch Reporter, South America

BUENOS AIRES, Argentina-Human rights activists are supporting a lawsuit filed April 13, 2010 by two Argentine residents seeking a judicial inquiry into the deaths of their Spanish relatives during Spain’s civil war between Francisco Franco and  the republican government from 1936-39. The plaintiffs are hoping to implement the principle of universal justice in genocide and crimes against humanity in the case. Commentators are calling the move a “turning of the tables,” as victims of Argentina’s Dirty War first sought justice through European Courts, which have convicted human rights abusers in absentia.

Argentines are especially incensed by the recent proceedings against Baltasar Garzón for trying to launch a judicial inquiry into Franco’s crimes in Spain.  Garzón is known for his investigations into human rights abuses in Latin America, where he unsuccessfully sought the extradition of former Chilean dictator Augusto Pinochet.  A prominent human rights lawyer told Earth Times that Garzón “did the most to pursue crimes committed by dictatorships. One Argentine plaintiff called the lack of Spanish response to the Franco crimes as “a kind of silence of accomplices.”

The Argentine plaintiffs are receiving support from numerous human rights associations their quest for investigations into whether any of those responsible for the deaths of their family members are still alive. Binusz Smukler, an Argentine human rights lawyer told the Spanish daily El Pais that “the idea is to widen the probe into a general investigation into Franco’s crimes.”

Garzón had success in Argentina citing principles of international law such as the inapplicability of the statute of limitations to crimes against humanity; that such crimes cannot be amnestied; and that universal jurisdiction is appropriate where crimes are not tried in the country where they were committed. Garzón’s probe into forced disappearances in Spain was not as successful, as most potential defendants were dead. However he transferred the investigation of mass graves and missing people to regional courts.

The regional courts have not moved forward with the case and Spain’s Supreme Court ruled that the case against Garzón for “overstepping his jurisdiction” could go ahead. Carlos Seploy, the lawyer representing the Argentine plaintiffs told Reuters that the suit intends to force Spain to produce a list of ministers and military leaders from the Franco era who are still alive, in the hopes that they can be put on trial.

Seploy called the suit “very auspicious for an Argentine tribunal in the same way that we applauded the fact that a Spanish tribunal looked into the crimes committed in the Americas.”

For more information, please see:

EarthTimes-Argentinians Want to Investigate Franco’s Crimes-15 April 2010

Reuters-Victims of Spain’s Franco Dictatorship Seek Justice in Argentina-15 April 2010

IPS-Franco Era Crimes Reach Courts in Argentina-14 April 2010

Deadly Blasts Continue to Ravage Kandahar

By Alok Bhatt
Impunity Watch Reporter, Asia

KANDAHAR, Afghanistan – Three soldiers and three foreigners were left dead as the result of further violence in Kandahar.  A suicide bomber drove a vehicle into the populated region of the city and detonated, creating a high-impact blast that scattered debris and blew out the windows of multiple buildings.  The home of the brother of Afghan president Hamid Karzai was also damaged in the attack, though it is unconfirmed whether or not he was the target of this particular attack.

An alleged target of the attack, however, was ascertained moments after the strike occurred.  A provincial leader divulged that the suicide-bomber intended to take out an establishment for a security company.  Though there do not seem to be any published reports on the success of the attack, this instance was the second such attack in the city of Kandahar occurring this afternoon.  The city centre suffered another explosion earlier on as a car-bomb exploded in the proximity of a hotel, wounding multiple people and destroying some shops and vehicles.

The spike in violence in Kandahar seems to have been spurred by the extensive Nato and US offense initiatives which have also been occurring in Afghanistan.  The Nato and US strikes have long been criticized for their moments of insufficient discrimination when identifying targets, resulting in unreasonable numbers of civilian deaths .  The nature of the insurgent attacks, however, is thought to be pre-emptive in nature, perhaps in anticipation of more strikes by the West.

The attacks in Kandahar also follow another strike upon German soldiers in the northern region of Afghanistan.   Opposition fighters in the province of Baghlan let fire off at four German soldiers near their military camp station.  The German Defence Ministry claims that their soldiers came under rocket-fire.

The continuance of these attacks, it seems, will only proliferate the Western presence in Kandahar, which has been identified as a pivotal territory for terrorist activity.  US-led forces have occupied the region since 2001, subsequent to the September 11 attack on US soil.  The blasts in Kandahar today signify only a couple instances in what has become a long strain of attacks which often claim the lives of many civilians.  The violence in Afghanistan, unfortunately, sees no near end if the current trends persist and escalate.

For more information, please see:

Al-Jazeera – Many dead in Afghan in blasts – 16 April 2010 (Mecca Time)

BBC – Afghanistan  attacks kill Germans… – 15 April 2010

Sky – No Britons Killed in Kandahar Blast – 15 April 2010

Deadly Blast Rocks Myanmar Festival

By Michael E. Sanchez
Impunity Watch Reporter, Asia

YANGON, Myanmar- On Thursday three bomb blasts rocked a holiday festival killing nine people in Yangon, Myanmar’s largest city.  The attack was the deadliest of its kind in five years in the country.  In addition, the attack injured more than 60 people.

An official said the blasts occurred as festival goers gathered for a New Year water festival in the former capital.  The blast occurred around 3 p.m. near 20 pavilions erected for celebrations at the Kandawgyi Lake.  During this annual four-day festival, the people drench each other with water to usher in the Myanmar New Year on Saturday.  A British Embassy representative in Myanmar told the news agency Al Jazeera that it was not yet known what exactly caused the explosions.

The television station run by the state reported that the explosions were caused by bombs, but did not say who was responsible.  Television images showed pools of blood and scattered sandals left behind by frightened revelers.  The television station described the blasts as the work of “terrorists”.  No group or organization has claimed responsibility for the attacks yet.

While State television stated that the death toll is at eight, a hospital official, who spoke on the condition of anonymity maintained that nine people were killed.

Witnesses say that Yangon General Hospital, where most of the injured were taken, was a scene of chaos.  According to a hospital official none of the casualties included foreigners.

Although rare, bombings are not unknown in cities such as Myanmar, whose military ruler are fighting several insurgencies in remote regions.  This was the worst attack since May 2005 when a series of bombs exploded at two upscale supermarkets and at a convention center in Yangon, killing 19 people and injuring more than 160 others.

The government has previously blamed bomb blasts on exiled anti-government groups and insurgents including ethnic Karen rebels fighting for greater autonomy in eastern Myanmar.

Myanmar has been under military rule since 1962.  The country is slated to hold election later this year, but no date has been announced and the generals have been criticised for regulations that prevent Aung San Suu Kyi, the opposition leader, from taking part.

For more information, please see:

Aljazeera.net- Deadly Blasts Hit Myanmar Festival-15 April 2010

CBSnews- Bombs Kill 9 At Myanmar New Year Water Festival– 15 April 2010

Wall Street Journal- Myanmar Festivities Marred By Blasts– 15 April 2010

Former Army Translator Claims Canadian Troops Shot Innocent Man

By William Miller

Impunity Watch Reporter, North America

OTTAWA, Canada – A former translator for the Canadian Army claimed that Canadian Forces shot and killed an unarmed seventeen year old boy in Afghanistan. Malgarai Ahmadshah Further claimed that the troops then attempted to cover it up by rounding up ten innocent civilians and arresting them.

Ahmadshah’s claims were made on Wednesday before a parliamentary committee investigating whether the Canadian Army transferred Afghani prisoners into the custody of Afghani officials despite knowing that those prisoners would be subjected to torture. Transferring prisoners knowing that they will be subjected to torture as a result of the transfer is a war crime.

Ahmadshah was in Afghanistan with the Canadian military for thirteen months in 2007 and 2008 and served under General Guy Laroche. During that time he served as a translator who interpreted for Afghani prisoners.

Ahmadshah testified that in the summer of 2007 Canadian troops shot and killed a seventeen year old unarmed boy in Kandahar Afghanistan. The troops shot the boy in the head because they thought he had a gun.

After realizing the boy did not have a gun the soldiers panicked and began rounding up civilians in the area and arresting them. The prisoners ranged in age between ten and ninety.

“None of the detainees were Taliban. None did anything wrong except to be at home when the Canadian Forces murdered their neighbor. Yet Canada transferred all these innocent men to the NDS. I don’t know what happened to them” said Ahmadshah.

Ahmadshah admitted that he did not see the incident first hand. He only heard about it from the prisoners. He also admitted that he could not prove any of his allegations.

It is not clear whether Ahmadshah plans to take any action against the federal government himself. His lawyer advised him not to comment. Ahmadshah refused to repeat his comments after the hearing. He also made allegations that top ranking military officials knew that transferred prisoners were being tortured and did nothing about it.

For more information, please see:

AFP – General Vows Probe into Alleged Handover of Afghan Detainees – 15 April 2010

Canadian Press – Explosive Claim from Translator: Canada Troops Tried to Cover up Killing – 15 April 2010

Toronto Sun – Former Interpreter says Military Knew About Torture – 14 April 2010

UN Holds a Human Rights Workshop in Fiji Following Draft of Media Decree

By Cindy Trinh
Impunity Watch Reporter, Oceania

SUVA, Fiji – The United Nations is holding a workshop in Fiji to train human rights workers in the region in monitoring and documenting human rights.

The workshop follows as a result from human rights advocates raising concerns that the Fiji interim government’s new immunity and media decrees could allow further abuses to occur with impunity.

The draft Media Industry Development Decree provides for the establishment of a Media Development Authority and a tribunal with the power to fine news organizations and imprison journalists for up to 5 years.

It also restricts foreign ownership of news media to 10% with all company directors required to be citizens of Fiji.

Under the decree, media outlets may be fined up to $500,000 and individual editors, publishers, and journalists may be fined up to $100,000, and/or jailed if they do not comply with the “decree’s dictates.”

Reports from Fiji say the interim regime will consider further consultations about the proposed Media Decree.

Attorney General Aiyaz Sayed-Khaiyum says that the government is still working on the draft and no specific time frame has been set in terms of the implementation of the decree.

The interim regime said that once the media decree is in place, it will lift the emergency provisions, including the media censorship, which has been in place since April of 2009 when the regime abrogated the consultation after the appeals court ruled that the post-coup administration was illegal.

Amnesty International has described the proposed decree as the “deathnail for free media in Fiji which could enable further abuses to go unreported.”

The draft of the media law has sparked immediate protest by news groups, academics, and civil society movements. The draft decree has been described as “draconian.”

During the first consultation, about 50 media organizations and civil society groups were present and opposed the proposal.

The International Federation of Journalists (IFJ), the world’s largest body of newspeople, strongly condemned the regime for the “reinforcement of sweeping censorship.”

The general secretary of IFJ, Aidan White, stated: “The decree is clearly focused on the regime retaining control and entrenching its highly oppressive restrictions, not only on the media but on members of the public who might wish to express dissenting views.”

The director of the Pacific Media Centre, David Roble, stated that the decree was “ruthlessly chilling.” He wrote in his blog: “The regime is systematically destroying what has been traditionally one of the strongest media industries in the Pacific.”

Because of all the controversy over the media decree, the United Nations is holding a workshop in Fiji to train human rights workers to monitor and document human rights.

The UN Office of the High Commissioner for Human Rights Regional Office for the Pacific says it cannot comment publicly on the issue because its strategy is to work to improve the situation in other ways.

The office’s regional representative, Matilda Bogner, says during the workshop they will talk with human rights workers about other approaches they can take to use the information they document in countries where media freedoms are restricted.

Bogner stated: “There are many strategies that can get information out. Not all advocacy has to be done publicly through the media. A lot of advocacy can be done behind closed doors with key people who are decision makers.”

Bogner further stated that there are forums other than traditional media to make the general community aware of human rights violations.

For more information, please see:
Radio New Zealand International – UN holds workshop in Fiji on documenting human rights – 15 April 2010

Radio New Zealand International – Fiji regime considers further media decree consultations – 15 April 2010

Pacific Scoop – Draconian Fiji draft media law triggers news group protests – 08 April 2010