Croatia Discriminates Against Roma Students Says ECHR

By Kenneth F. Hunt
Impunity Watch Reporter, Europe

STRASBOURG, France – The European Court of Human Rights (ECHR) ruled this week that Croatia violated the rights of Roma students when it forced them into segregated classes in Croatian public schools.

Fifteen Roma students were segregated into separate classes in two primary schools in Croatia. All of the students were Croatian citizens of Roma ethnicity. The public schools were located in Macinec and Podturen, small villages in the north of Croatia. The villages in that area of Croatia in are in general understood to have negative views of the minority Roma population, like many areas of central Europe.

The ECHR ruled that segregating the students based on language alone constituted discrimination in violation of the EU Convention of Human Rights.As a result of the ruling, Croatia must pay the students 77,500 Euros, which amounts to 4,500 Euros each in compensation and 10,000 Euros in court fees.

This decision builds on previous ECHR rulings, where segregation of Roma students into within public schools based on ethnicity and in separate special schools for children with mental disabilities was ruled discriminatory.

The Roma students in this case initially brought a lawsuit in Croatia’s trial courts, but that case was summarily dismissed. An appeal to the Croatian Constitutional Court was likewise denied. The defense in previous litigation successfully argued that fully segregated classrooms were necessary based on Roma students needing additional class time on learning the Croatian language.

According to Lydia Gal of the European Roma Rights Center (ERRC), the European Union will likely penalize Croatia in its effort to be admitted to the EU in 2012 as a result of this decision. Dzavit Berisha of the ERRC said that those of Roma ethnicity will continue to face discrimination in Croatia, despite this decision.

For more information, please see:

B92 – EECHR: Croatia discriminating against Roma children – 17 March 2010

CROATIAN TIMES – Croatia to pay Roma €77,500 for school segregation – 17 March 2010

BBC – European Court says Croatia violated Roma rights – 16 March 2010

PR NEWSWIRE – Europe’s Highest Court Rules Roma School Segregation by Language Illegal – 16 March 2010

United States Looks to Return Child Soldier to Canada

By William Miller

Impunity Watch Reporter, North America

OTTAWA, Canada – The United States is quietly looking for a way to return one of the five Guantanamo detainees set to be tried at a military tribunal. An anonymous source told Canwest news service that the United States does not want to try Omar Kadar, the youngest detainee to be held at the prison for war crimes.

Omar Khadr, The youngest detainee at Guantanamo bay, was just fifteen when he was arrested. An anonymous source has said the United States government may be looking to repatriate Khadr to Canada. (PHOTO: AFP)

Khardr who is a Canadian citizen was only fifteen years old when he was first sent to Guantanamo in 2002. He was taken prisoner in Afghanistan after he allegedly threw a grenade at United States solders killing one. He is the youngest person and the only westerner still being held at the Guantanamo Bay Prison in Cuba.

According to an anonymous source within the Obama administration the United States “[does] not have the stomach to try a child for war crimes.” The anonymous source also said that there might be political repercussions to not trying Khadr. As a result the United States is looking to Canada to make the first move.

Last month, Canada’s Supreme Court held that the Canadian government had violated Kadar’s rights but fell short of ordering the Canadian government to demand repatriation for Kadar. The court found that officials from the Canadian Foreign Affairs and Spy agency had violated Kadar’s rights by questioning Khadr rafter he had been exposed to torture. The Canadian government who has long sought to stay out of the situation has softened its position some by asking the United States government not to use shared evidence in prosecuting Kadar.

The United States Department of Justice declined to comment on the issue. Spokesman for the department Dean Boyd said “Omar Khadr Hs been referred for [a] military commission prosecution….I have no comment for you on whether or not there are any discussions between the United States or Canada regarding Omar Khadr’s case.”

Khadr will have to answer to five charges if brought before the military commission. Among those charges is the murder of Delta Force Sergeant Chris Speer who died from injuries resulting from the hand grenade Khadr allegedly threw. The department of justice has said they will not seek the death penalty if Khadr is convicted but will only consider his age as a mitigating factor. Inside sources in the department of justice have said that while Khadr will face a long prison sentence if convicted the Department of Justice will not seek a life sentence.

For more information, please see:

AFP – U. S. Weighs Guantanamo Inmates Return to Canada – 8 March 2010

All Headline News – U. S. May Repatriate Omar Khadr from Guantanamo – 8 March 2010

National Post – U. S. Looks For a Way to Return Khadr – 8 March 2010

“Dirty War” Officials Testify in Argentina

By Sovereign Hager
Impunity Watch Reporter, South America

Undated photos of former top Argentine military offciers; (upper row from L) admiral Eduardo Massera, general Antonio Domingo Bussi, dictator Jorge Videla and general Guilermo Suarez Mason. (Bottom row from L), brigadier Basilio Lami Dozo, captain Alfredo Astiz, admiral Jorge Isaac Anaya and Armando Lambruschini, who among 38 others are thought to have committed crimes during the 1976-83 Dirty War dictatorship. Photo Courtesy of Human Rights Watch.

BUENOS AIRES, Argentina-Seventeen former Naval Officers are currently on trial in Argentina for the deaths of political opponents detained at the Naval Mechanics School. Estimates are that over 5,000 people were brought to the Naval Mechanics School, where they were tortured and most died. Only one hundred people are thought to have survived detention.

Notorious Mechanics School Official Jorge “El Tigre” Acosta took the stand next week on charges that he was the leader of  “Task Force 3.2.2,”  a group that kidnapped, tortured, and murdered people detained at the complex. Acosta admitted that he is liable for all military orders and that the deaths were unavoidable in what he considered to be a “civil war.”

Alfredo Astiz, also known as the “blond angel of death” is also on trial. He is charged with infiltrating circles of families of the disappeared that led to the abduction of the three founders of the group Mothers of the Plaza del Mayo. He has been sentenced in absentia for the abduction and murder of two nuns who were thought to be counseling the families of disappeared individuals.

When Astiz took the stand, he spoke for over an hour and harshly criticized the current Argentine government. He denied all the charges against him and alleged that his conviction was “already on paper.” Astiz insisted that all charged officials should be tried in a military court.

Roughly 30,000 people are thought to have disappeared during Argentina’s military government. Since 2005, prosecutors have convicted sixty defendants. There are three hundred and twenty-seven cases open nation wide. The courts have requested declassified U.S. Cables that contain information about what the United States knew about Argentine military action against leftists. Argentina’s ambassador has reportedly petitioned the C.I.A. and other U.S. agencies to release information.

For more information, please see:

BBC Mundo-Argentina: Militar Admite Detenciones Iligales-19 March 2010

AFP-Face of Argentine Military Repression Defiant in Court-18 March 2010

Publimetro-Represor Astiz Se Delacra Democrático y Republicano-18 March 2010

PressTV-Argentine “Dirty War” Defendants on Trial-28 December 2009

Amnesty International Report Reprimands Numerous European Nations For Selling Torture Instruments

By David Sophrin
Impunity Watch Reporter, Europe

LONDON, United Kingdom – A newly released Amnesty International report has criticized a number of European countries for exporting instruments that can be used to commit torture, which is a violation of the European Union human rights standards.

Legislation passed by the EU Parliament in 2006 banned the international trade of any instruments that are designed for the purpose of conducting torture.  In cases when an item was made for other purposes, but has the potential nevertheless to be used for torture, the law requires that their trade be monitored.

During the time period of 2006-2008, the Czech Republic government approved the sale of chemical sprays, electric shock devices, and shackles.  In many cases, these sales were made to foreign nations with questionable human rights records.

A spokesman for Amnesty International’s European Union office described the extent of the sales.  “There are a number of exports that have been granted to countries such as Georgia, Pakistan, Mongolia and Senegal where there is evidence of torture.  We are still awaiting a response from thee Czech government on what the destination of the exported equipment actually was.”

The Czech Republic has not, however, sold to all potential buyers.  The central European nation refused to sell torture equipment to Iran and Azerbaijan.  The Czech Ministry of Foreign Affairs, the government agency who holds the final authority to approve a sale, utilizes a standard of taking in consideration a potential buyer country’s United Nations human rights and torture records as well as their own diplomatic reports on those nations.

In responding to the Amnesty International report the European Commission, the executive branch of the European Union stated that it was taking the report “very seriously” and will “examine the suggestions in the report with great attention.”

The Amnesty International report also noted that Germany, Spain and Italy have also sold equipment in recent years that could be used for torturing purposes.  Germany has sold foot chains and various chemical sprays to China, India and the United Arab Emirates.  Additionally, the majority of European nations have yet to disclose their exports of the banned items.

Uncertainly regarding the implementation and enforcement of the EU torture legislation was also echoed in the report.  Amnesty International researcher Mike Lewis noted that “although the legislation exists, and was a leader in its field when it was introduced, European member states have not uniformly followed up on their obligations under the regulations.”

For more information, please see:

BBC – EU firms ‘exporting torture equipment’, Amnesty says – 18 March 2010

RADIO FREE EUROPE – Amnesty International Says EU States Exporting Torture Instruments – 18 March 2010

RADIO PRAGUE – Czech Republic picked out in Amnesty International report for exports of ‘torture’ equipment – 18 March 2010

Immigration Reform Legislation Proposed by Senators

By Stephen Kopko

Impunity Watch Reporter, North America

WASHINGTON D.C., United States – In the wake of an immigration reform march on Washington two Senators have proposed a plan that would overhaul the United States’ immigration system.  Senator Charles Schumer and Senator Lindsey Graham have worked on the proposed legislation for the past few months.  Their plan to reform the immigration system also received initial support from President Obama.

According to Senators Schumer and Graham, the reform legislation contains “four pillars.”  The first pillar requires workers to obtain a biometric Social Security Card.  The Senators wrote that the card would provide a better employment verification system.  The second pillar strengthens border security and border patrol.  Under this pillar, immigration officials would receive more funding for infrastructure and personnel.  Also, the creation of an entry/exit system would further help Border Patrol agents determine those immigrants that overstay their visas.  The third pillar of the reform bill deals with temporary workers.  Generally, temporary workers are those immigrants that come to the United States for a short period of time to perform seasonal jobs.  According to the proposed legislation, employers would be allowed to hire temporary workers after no United States worker took the position.  The fourth pillar creates a system through which illegal immigrants currently in the United States can begin a path to citizenship without first being deported.

Under the Senators proposed reform, illegal immigrants currently in the United States would be required to perform community service, pay fines and back taxes in exchange for not being deported.  Illegal immigrants also would be required to learn English and pass a background check.  After completing this process, illegal immigrants would then be placed on the path toward citizenship.

Both Senator Schumer and Senator Graham believe their proposed legislation balances the interests of those who support deportation of all illegal immigrants with those groups that support amnesty for illegal immigrants.  The issue of illegal immigration is a top priority for the Obama Administration.  The President issued a statement of initial support for the reform bill created by Senators Schumer and Graham.

The Illegal Immigration Reform Bill was released as Washington D.C. prepares for a rally in support of reform on Sunday.  Approximately one-hundred thousand supporters of legalizing illegal immigrants plan to attend the rally.  Besides holding a rally supporting the legalization of illegal immigrants, protestors will meet with their representatives in Congress to lobby for immigration reform.

For more information, please see:

Center For American Progress – Senate Leaders Reveal Immigration Framework – 18 March 2010

MSNBC – Immigrants head to D.C. to push reforms – 18 March 2010

Washington Post – The right way to mend immigration – 18 March 2010