Mexico Condemned for Femicide in Juarez

11 December 2009

Mexico Condemned for Femicide in Juarez

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 By Brenda Lopez Romero
Impunity Watch Reporter, North America

(PHOTO: Courtesy of Los Angeles Times – Not a Single Female More)

Juarez

MEXICO CITY, Mexico – The Inter-American Court of Human Rights (IACHR) ruled today that the Mexican State is responsible for the triple femicides that occurred in 2001 in Juarez and Chihuahua. Mexico was legally sanctioned for damages and reparations in the amount of of $847,000 for the victims families.

The Mexican government was accused of the murders of Esmeralda Herrera Monreal, fifteen years old; Laura Berenice Ramos Monárrez, seventeen years old, and Claudia Ivette González, twenty years old.

Additionally, the Court ruled that Mexico must remove the barriers to the suit for these three murders and was ordered to raise a monument within a year in memory of the victims and maintain a permanent website with information on all the women, teenagers, and girls that have disappeared since 1993.

IACHR also condemned Mexico for the killing and disappearance of women that have occurred since 1993.  The Court considered the homicides as “alarming” and ruled that Mexico violated anti-discrimination rights of women and children, the right to life, integrity, personal liberty, integrity of the victims families, and did not meet its duty and obligation to protect its citizens.

The Court acknowledged that Mexico had “realized a recognition of partial responsibility … but had not adopted reasonable measures, in accordance to the circumstances of the case, to find the victims alive.”  Furthermore, the Court stated that there was a common denominator in all the cases, the fact that all the victims were females. Mexico attributed the homicides to various motives, but conceded that the overriding factor was the “influence of the culture of discrimination against women.”

The Secretary of State stated “that it was worth mentioning that most of the orders of the judgment refer to actions that the fed and state government have already implemented.”

For more information, please see:

Los Angeles Times – Court Cites Rights Failure by Mexico in Juarez Killings of Women – 11 December 2009

The Associated Press – OAS Court Condemns Mexico Probes of Women Slayings – 11 December 2009

The New York Times – Mexico: Rebuke on Investigation of Murders – 11 December 2009

Voided Votes in Romanian Presidential Runoff Election To Be Recounted

By David Sophrin
Impunity Watch Reporter, Europe

BUCHAREST, Romania – The Romanian Constitutional Court announced, amid allegations of voting fraud, that 138,000 previously voided votes from Sunday’s presidential runoff election will be recounted.

The Constitutional Court, in a released statement, explained that “the court decided by a majority of votes to re-examine the annulled votes and have the [Romanian] Central Election Bureau recount them to establish whether there are any differences between the signed ballots and reality.”

The final vote initially indicated that Romanian President Triain Basescu had defeated the Social Democratic Party candidate Mircea Geoana by approximately 70,000 votes, less than 1% of the 10.4 million votes cast.  Geoana and the Social Democratic Party have called for a new election as a result of alleged ballot stuffing, multiple voting and bribing.  Following the election results were announced, both leading candidates claimed victory.

It is unlikely that the results of the recount will overturn Basescu’s victory in a election that was called following the collapse of the coalition government of Prime Minister Emil Boc since October.  Until a victor is named in this presidential election, however, a new prime minister can’t be named or a federal government formed.

The Organization for Security and Cooperation in Europe, a regional election monitoring group, initially approved of the election practices.  “The conduct of the second round confirms our initial assessment that this election was held generally in line with OSCE commitments.”

Nevertheless, immediately following the election, Geoana called for the recount.  “The required democratic solution is to contest the outcome of election at the Constitutional Court.”

For more information, please see:

AP – Romania’s court orders void votes re-examined – 12 December 2009

FINANCIAL TIMES – Romanian Court orders recount of votes – 12 December 2009

BBC – Romania court orders recount of void votes – 11 December 2009

NEW YORK TIMES – Romania: Court Rules on Vote – 11 December 2009

REUTERS – Romanian court calls partial recount in runoff – 11 December 2009

REUTERS – Basescu wins Romanian election, rivals cry foul – 7 December 2009

Human Rights Activist from Fiji Wins the Amnesty International Human Rights Defender Award

By Cindy Trinh
Impunity Watch Reporter, Oceania

SUVA, Fiji – Human rights activist Shamima Ali, from Fiji, was awarded by Amnesty International Aotearoa New Zealand (AIANZ) as its first ever Human Rights Defender.

Ali is the executive director of the Fiji Women’s Crisis Center in Suva. She was given the award on behalf of her contributions towards improving women’s rights in Fiji and throughout the Pacific region.

She received the award on International Human Rights Day, December 10, which is the day the United Nations Declaration of Human Rights was adopted 61 years ago.

The chief executive of AIANZ, Patrick Holmes, said that he saluted Ali “for the immense courage she has shown in challenging the 2006 military coup and in continuing, despite threats and intimidation, to document its impact on the people of Fiji.”

Holmes further stated: “Human rights defenders put themselves on the front line, often risking life and limb to stand up for what they believe in. While we may take that for granted in New Zealand, we still need to remember that human rights abuses are happening on our doorstep.”

Ali stated that this recognition is a big step towards increasing awareness of the abuses happening in the Pacific region. She emphasized that this recognition is especially important in Fiji, where violations of human rights is very high.

In response to her award, Ali stated: “[AIANZ] should be commended for establishing this award. While I’m the recipient, one must remember the many other human rights defenders in Fiji and the rest of the Pacific who work just as hard. The work doesn’t end – every day we are challenged anew. And this award gives me further encouragement never to give up defending out rights. This is what makes us human.”

Ali further stated that “this kind of award encourages both myself and other human rights defenders…protectors and promoters of human rights in Fiji and the Pacific, to stick in there a little longer and continue to work.”

Despite the joyous day, Holmes noted that there is still work to be done. He stated: “As we celebrate how far we have come in the right to eradicate human rights abuses around the world, this date and this award are reminders of how far we still have to go to achieve human rights for all people everywhere.”

For more information, please see:
ABC Radio Australia – Shamima Ali Amnesty Award – 11 December 2009

ConnectME – Fiji’s Shamima Ali wins Amnesty Human Rights Defender Award – 11 December 2009

Infonews.co.nz – Pacific women’s rights campaigner honoured by Amnesty International – 11 December 2009

Radio New Zealand International – Fiji’s Shamima Ali wins Amnesty Human Rights Defender award – 10 December 2009

Ex-Khmer Rouge Leaders May Be Charged Jointly Responsible

 

By Hyo-Jin Paik
Impunity Watch Reporter, Asia

PHNOM PENH, Cambodia – The prosecution for the Khmer Rouge war crimes tribunal of Cambodia may be turning to a controversial legal concept in holding the accused accountable for their crimes.

Khmer Rouge ruled Cambodia from 1975 until 1979 where about two million people are estimated to have died as a result of execution, starvation or overwork.

In prosecuting those responsible for the Khmer Rouge regime, Cambodia’s war crimes tribunal judges ruled on Wednesday that the Khmer Rouge leaders, likely to appear as defendants in 2011, can be charged with “joint criminal enterprise” (JCE).

JCE is a legal concept which states that a person can be individually held accountable for a crime committed by a group even if the individual did not personally carry out the plan. 

Furthermore, a third category known as “JCE III” states that a person can be held accountable for a crime committed by a group even if the crime was not part of the common plan so long as the crime was “a natural and foreseeable consequence.”

This concept has been used previously against defendants at the International Criminal Tribunal for the former Yugoslavia, and is a tool that can substantially improve the prosecution’s ability to prove its case.

However, Michael Karnavas, the defense lawyer for the former Khmer Rouge regime’s foreign minister said, “Where there is little or no evidence, [JCE III] is a great weapon for the prosecution: it lowers the bar for getting conviction and it spreads the stain to anyone and anything remotely connected to the alleged JCE.”

He added, “It is so broad and so unrestrained that even 10 years after its creation[,] it is still unclear where the boundaries lies.” 

Stating that he will appeal the prosecution’s decision to use JCE, Karnavas accused the investigating judges of Khmer Rouge war crimes tribunal of turning the trial into an international tribunal since JCE is applicable to crimes committed under international law, but not under Cambodian law.

The Khmer Rouge war crimes tribunal was created back in 2002 after years of haggling between the UN and Cambodia. 

The UN has a separate organ for prosecuting war crimes, the International Criminal Court (ICC), which was also founded back in 2002.  However, the former leaders of Khmer Rouge do not fall under ICC’s jurisdiction because the ICC can only investigate crimes which were committed after its establishment.

For more information, please see:

AFP – Krouge court dismisses bias claims against judge – 9 December 2009

Los Angeles Times – Cambodia’s first war crimes trial marred by flaws – 6 December 2009

M&C – Khmer Rouge chiefs can be charged as jointly responsible for crimes – 9 December 2009

Guinea Arrests 100 Soldiers, Begins its Investigation

By Jonathan Ambaye
Impunity Watch Reporter, Africa Desk

CONAKRY, Guinea– Just about a week since the attempted assassination of Guinea’s military leader, Captain Moussa Dadis Camara, reports have begun to surface surrounding the circumstances of the assassination attempt. On Wednesday, the second-ranking official in Guinea’s military junta, Sekouba Konate, made his first public speech since last week’s shooting. In his speech, Konate addressed a number of issues, primarily those dealing with the current military divide that is said to have been the source of the assassination attempt. In his speech, Konate asks soldier across the country to remain united. He further says, “We are asking for your cohesion, the army is a family.”

Following this speech, a spokesperson for the Guinea junta, Idrissa Cherif told reporters that they believe Frances Foreign Minister, Bernard Kouchner was involved in a plot to kill Camara. Cherif said, “I wouldn’t say that I am accusing France entirely. I said that certain services were used to make this attempt on Mr. Camara’s life, and the regime ruling the country.” France’s Foreign Ministry spokesperson denied the allegations and said, “We don’t want to enter into any polemics with anyone in Guinea.”

Just today however, reports surfaced that Guinea made arrests of 100 soldiers as it continues to investigate the shooting of Camara. Government officials say the detained soldiers are allies of presidential guard chief, Lieutenant Aboubacar Sidiki Diakite, who is suspected of being behind last weeks shootings.
While the investigation continues, and Camara continues to heal from his injuries suffered from the attempt on his life, Konate will assume leadership of the country. One anonymous US official has said that the United States sees Konate as one of the better chances of bringing an end to the military divide. The official further said, “We don’t know if Camara will return to power, but in the meantime, we will hold out a hand to Konate. We believe progress can be made with Konate, in the event that Camara doesn’t return.”

For more information please see:


AFP – Guineas New Strongman Urges Army To Discipline – 10 December 2009

BBC – Bernard Kouchner Accused Over Guinea Camara Shooting – 9 December 2009

New York Times – Official Asks Guinea’s Army To Stay United – 9 December 2009

VOA – Guinea Arrests 100 Soldiers – 10 December 2009