Federal Indictments for Hate Crimes, Obstruction of Justice, and Conspiracy

16 December 2009

Federal Indictments for Hate Crimes, Obstruction of Justice, and Conspiracy

By Brenda Lopez Romero
Impunity Watch Reporter, North America
Washington, D.C. – Six months after an all-white jury in Schuylkill County acquitted two young men of aggravated assault and one of murder of Luis Ramirez, the federal government indicted five people related to Mr. Ramirez’s case.

Mr. Ramirez was beaten into a coma that led to his death that was found to be racially motivated in Shenandoah, Pennsylvania in July 2008. The federal government brought charges for hate crimes, obstruction of justice and conspiracy. The crime has caused racial tension in the small town. According to the Department of Justice, the two young men that committed the beating while shouting racial epithets at him, Derrick Donchak and Brandon Piekarsky, then seventeen and nineteen, are accused of hate crimes.

Donchak also faces three counts of conspiring to obstruct justice because he is accused of attempting to organize a cover-up with the Shenandoah Police Department. Three police officers were also indicted. Police Chief Matthew Nestor, Lieutenant William Moyer and Officer Jason Hayes are charged with conspiring to obstruct justice. Moyer faces additional charges of witness and evidence tampering and making false statements to the FBI. Officer Hayes was dating Piekarsky’s mother at the time.

(PHOTO: Courtesy of CNN – Mr Ramirez while still in a coma)

Ramirez Piekarsky had delivered a fatal kick to Ramirez’s head after Ramirez was knocked to the ground. The state medical examiner found that Ramirez died from blunt-force trauma to the head, according to the state prosecution.

Pennsylvania Governor Ed Rendell denounced the attack as racially motivated and asked the Justice Department to intervene. After the verdict, Rendell, in his letter to U.S. Attorney General Eric Holder recommending the Justice Department pursue civil rights charges stated “the evidence suggests that Mr. Ramirez was targeted, beaten and killed because he was Mexican … Such lawlessness and violence hurts not only the victim of the attack, but also our towns and communities that are torn apart by such bigotry and intolerance.”

The indictment read that Nestor, Moyer and Hayes purposefully failed to “memorialize or record” statements made by Piekarsky and “wrote false and misleading official reports” to “intentionally omitted information about the true nature of the assault and the investigation.”

Crystal Dillman, Ramirez’s fiancée, welcomes the indictments, but is afraid for her safety and had to moved to an undisclosed location outside Shenandoah because her truck was vandalized and people have yelled racial epithets at her on the streets, according to her attorney.

The Department of Justice said “the FBI wants to hear from anyone who may have information regarding alleged civil rights violations or public corruption in Schuylkill County,” and those with information can contact the Allentown, Pennsylvania, FBI office.

For more information, please see:

CNN – 3 Police Officers Among 5 People Indicted in Race-Related Beating – 15 December 2009

NY Daily News – 4 Cops, 2 Teens Indicted in Hate Crime Probe of Fatal Attack on Latino Man – 15 December 2009

WNEP News Station – Death of Immigrant Leads to Federal Charges – 15 December 2009

New Law Threatens Freedom of Press in Ecuador

By Sovereign Hager

Impunity Watch Reporter, South America

QUITO, Ecuador-Human Rights Watch is calling for Ecuador’s communications bill to be amended so as not to limit freedom of expression. The proposal includes “vague language” that would limit the content of media programing. The bill is currently being debated in Ecuador’s National Assembly. Members of the Ecuadorian press have publicly protested what they consider to be a “gag bill.”

The proposed law includes provisions stating that the exercise of communication rights will be subject to prior censorship in cases “established in the constitution, in international treaties in force, and in the law.” Another provision states that the media will disseminate “primarily contents of an informative, educational, and cultural nature.”

Those in opposition to these provisions point out that Article 13 of the American Convention of Human Rights explicitly prohibits prior censorship. The Declaration of Principles on Freedom of Expression, adopted by the Inter-American Commission on Human Rights, prohibits “prior censorship, direct or indirect interference in or pressure exerted upon any expression, opinion or information transmitted through any means” of communication.

Rights group are arguing for an amendment rather than that the entire legislation be scrapped because the law includes “positive measures.” These measures include a prohibition on monopolies and oligopolies in the media, subtitles or sign language to provide equal access for people with hearing disabilities, and the requirement that public bodies and private entities that manage public resources or services of this nature disclose information in their possession.

Human Rights Watch America’s Director, Miguel Vivanco argued that “an act of communication should promote rather than limit the free flow of information essential to strengthen an open debate in any democratic society.”

An especially contentious aspect of the law is the creation of the National Communication and Information Council, an eight-person body charged with overseeing the application of the law. The Council would be chaired by a presidential representative with a deciding vote.

A representative of Ecuador’s National Union of Journalists stated that the “government is looking to control every aspect of society.” One journalist argued that the new law would leave the media “subject to an endless number of sanctions.”

The International Press Institute called on Ecuador’s legislators to “exercise extreme caution” while debating the law, to ensure that local media concerns are heard and that “media freedom is not damaged.”

For more information, please see:

La Voz Libre-Human Rights Watch Critica el Proyecto de le Comunicación en Ecuador-16 December 2009

Human Rights Watch-Ecuador:Amend Draft Communications Law-15 December 2009

International Press Institute-Journalists in Ecuador Rally Against Draft Communications Law-25 November 2009

Knight Center for Journalism-Ecuador’s Disputed Media Bill Reaches Law Makers-23 November 2009

UN Chief Calls for End to Saharawi Hunger Strike

By Kylie M Tsudama
Impunity Watch Reporter, Africa

RABAT, Morocco – Saharawi activist Aminatou Haider remains on hunger strike in the Spanish Canary Islands.  She has been on strike for nearly a month after being denied entry into Western Sahara for denying Moroccan citizenship.

Morocco called her strike part of “a systematic, methodical plot devised by Algeria.”

Algeria has long been an ally of the Polisario Front independence movement.  Haider is accused of being aligned with the group.

“The lady is at the orders of her masters,” said Communications Minister Khalid Naciri.  “She is being manipulated in a plan to divide and destabilize the region.”  He added, “[Algiers] is in a position of weakness in relation to the plan for autonomy drawn up by Morocco for the Western Sahara and which is welcomed by the international community.”

On Monday, United Nations Secretary General Ban Ki-moon said he is “deeply concerned” about Haider’s failing health and has urged Moroccan Foreign Minister Taieb Fassi Fihri to return her.

“I hope that the foreign minister of Morocco will discuss this matter inside his country.  I expressed my very serious concern about her health on humanitarian grounds,” said the Secretary General.  “She has been staging this hunger strike for over 25 or 26 days.  I am told that her health situation is deteriorating.”

Morocco and Spain have long fought over Western Sahara.  After Spanish colonialism ended in 1975 and Spain withdrew from the region, Morocco took control.  Algeria has been supportive of ethnic Saharawi who are fighting for independence.

“We can’t take responsibility for a systematic, methodical plot devised by Algeria.  Too much is too much,” said Naciri.  He called Morocco and Spain “victims of a Machiavellian plan.”

The Secretary General said the UN needs to do more to expedite political negotiations between Spain and Morocco.  He also said he is going to discuss with Christopher Ross, his Personal Envoy, about expediting the political process.  He also said that he will raise the humanitarian situation of Haider and ask that special attention be paid to the issue.

For more information, please see:

AllAfrica – Western Sahara: UN Chief Calls for ‘Political Negotiations’ on Territory – 15 December 2009

Xinhua – Ban Urges Morocco, Spain to End Saharawi Activist’s Hunger Strike – 15 December 2009

AFP – Morocco Says Hunger Strike is an ‘Algerian Plot’ – 14 December 2009

Washington, D.C. City Council Approves Gay Marriage

15 December 2009

Washington, D.C. City Council Approves Gay Marriage

By Stephen Kopko

Impunity Watch Reporter, North America

WASHINGTON D.C., United States – Washington, D.C. has become the latest city that will recognize same sex marriage. The Washington D.C. City Council passed a same sex marriage bill that would allow gay couples to marry within the city’s jurisdiction today. Before the passage of the legislation, the city recognized those same sex couples that were married in states or cities that allowed gay marriage.

The City Council passed the legislation by an eleven to two vote. The bill will now go to Mayor Adrian Fenty for approval. Mayor Fenty has promised to sign the same sex marriage legislation before Christmas. After the Mayor signs the legislation, it must survive a thirty day legislative review period before it becomes law.  The legislation also must be reviewed and passed by Congress, who controls the budget for Washington, D.C.

Opponents of the bill are seeking two avenues in which the same sex legislation could be defeated. The first strategy that they are employing is lobbying Congress. Bishop Harry Jackson, pastor of Hope Christian Church said that he and his group, Stand4MarriageDC, will ask Congress not to approve the legislation.  Already, Republicans and conservative Democrats are trying to find ways for blocking the legislation. One of the ways is to attach a rider to future Washington, D.C. appropriations bills. However, many Congressional leaders are worried about usurping local autonomy. To defeat the legislation, both the House of Representatives and the Senate, as well as President Obama, would have to disapprove of the legislation.  The second strategy that opponents are going to use to try and prevent the same sex marriage bill from becoming law is through a referendum.

The Roman Catholic Church also opposing the passage of the bill. It stated that if the same sex marriage bill was passed, it might limit some of their social service programs. These programs help Washington, D.C. residents with adoption, homelessness, and health care. Also, the Church said that they would not extend spousal benefits in health care and retirement to same sex couples.

Supporters of the bill as well as many of the City Council members were happy with the passage. They saw the approval of same sex marriage as a step in the right direction after New York did not approve of same marriage. One couple even became engaged shortly after the passage of the bill in the same meeting hall in which it passed.

For more information, please see:

MSNBC – D.C. City Council Votes to Legalize Gay Marriage – 15 December 2009

NY Times – D.C. Council Approves Gay Marriage – 15 December 2009

Washington Post – D.C. Council Approves Bill Legalizing Gay Marriage – 15 December 2009

Democratic Reform in Tonga Continues

By Cindy Trinh
Impunity Watch Reporter, Oceania

NUKU’ALOFA, Tonga – Kalafi Moala, a newspaper publisher in Tonga, says that the democratic reform program for Tonga continues to progress and the government is committed to the reforms.

Since the 1990s, Tonga has struggled in the fight for democratic reforms. The Pro-Democracy Movement was founded in 1992, and was later renamed in 1998 to the Tonga Human Rights and Democracy Movement.

The Tonga Human Rights and Democracy Movement believes that changes are needed to bring about more democratic governance in Tonga. They address the ongoing issues in Tonga that relate to social justice, exploitation of the poor, inequality, womens’ rights, constitutional amendments, and corruption.

In 1999, a pro-democracy movement was organized to discuss a new, more democratic constitution.

However, a scandal was exposed in 2001, and in 2003 changes in the constitution were made to give the king greater powers and increased the state control of the media.

In 2005, there was a prolonged strike and campaigners for political reform rallied the streets. The protests erupted into violence. Thousands of people marched through the capital, demanding democratic reform.

Riots continued on during 2006 in the capital Nuku’alofa to protest the lack of democratic reforms. Eight people were killed and much of the business district was destroyed.

After King Tupou V finally announced that he will relinquish his near-absolute power held by the monarchy and introduce democratic reforms in 2008, Tonga finally began to implement the democratic reforms that was promised more than a decade ago.

Recently, a committee on constitutional reform was created, called the People’s Committee for Political Reform, and the Committee recommended introducing a popularly elected parliament and reducing the monarchy to a largely “ceremonial role.”

Earlier this month, Akilisi Pohiva, the chair of the People’s Committee for Political Reform, said that the government should endorse a report on democratic reforms to ensure there is no more violence in the country. The Committee urges the government to make quick democratic reforms to prevent any incidents of violence like those in 2005 and 2006.

Currently, a newspaper publisher in Tonga, Kalafi Moala, is confident that the democratic reform program remains on track and that the government is committed to the process.

The Public Servants Association says that the government is “watering down” the reforms and could delay the planned elections in November next year under the amendments.

However, Moalo disagrees, and says this is not the case.

Moalo emphasized that all the MPs have worked hard to implement the recommendations made by the Constitutional and Electoral Commission.

Moalo stated: “Talking to people on the government side as well as People’s Representatives – they are both confident that they are going to meet the deadline. That’s why they are holding extra sessions during the holidays, that’s why they have been working overtime, having evening sessions, because they feel that they want to come in the next session next year all ready to formulate these legislations.”

For more information, please see:
Radio New Zealand International – Tonga observer confident reform process is on track – 15 December 2009

Pacific Islands Report – Tonga Democracy Movement Urges Quick Reforms – 30 November 2009

BBC News – Timeline: Tonga – 16 November 2009

Human Rights & Democracy Movement in Tonga  – Human Rights & Democracy Movement in Tonga