Karzai Opponent Denounces Election Victory

By Michael E. Sanchez
Impunity Watch Reporter, Asia 

KABUL, Afghanistan- In his first comments since Hamid Karzai was declared to have won the fraud-hit election, former Afghan presidential candidate Abdullah Abdullah said Karzai’s reelection is “illegal” and his government a failure.  Abdullah told reporters in Kabul that Karzai’s government would lack the legitimacy needed to deal with problems such as checking corruption and fend off the Taliban. 

Article 21 of the United Nations Universal Declaration of Human Rights states that, “Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.”  This article also declares, “The will of the people shall be the basis of the authority of government, this will shall be expressed in periodic and genuine election which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.”

President Karzai was declared the winner after Abdullah withdrew from a run-off election on Monday saying the vote would not be free or fair.  He contended that he was not quitting as a concession, but because he could not trust the process.

The scrapped run-off vote was originally planned for this weekend.  President Karzai agreed to the run off after hundreds of thousands of votes from the 20 August first round were discounted because of widespread fraud.  An investigation by the Electoral Complaints Commission revealed that President Karzai’s share of the vote dropped to 49.67%, below the required 50% plus one vote threshold needed to avoid a run-off.

Because the fraud which occurred in the August round affected the ability of the Afghan people to freely elect their representatives, their right to vote was diminished.  The reelection of President Karzai could be considered as not being genuine as Abdullah has alluded to since some of the population’s votes were not counted.

Abdullah said the decision of the Afghan Independent Election Commission (IEC) not to have a run-off had “no legal basis”.  “Such a government which lacks legitimacy cannot fight corruption…A government which comes to power without the people’s support cannot fight the phenomena of terrorism threats, unemployment, poverty and hundreds of other problems,” he told reporters.

He said the election commission, which critics believed was biased towards Karzai, had exceeded its mandate.  Critics have called Karzai’s victory unconstitutional since he did not secure more than half of the vote.

Although his words were sharp, Mr. Abdullah said that he saw the flawed Aug. 20 election as finished and that he did not plan to continue his efforts to challenge the results.  He said “The process has completed itself with that final illegal decision,” referring to the IEC.  “I leave it to the people of Afghanistan to judge.”

The former foreign minister has urged his backers to remain peaceful.  He also called on his supporters to show restraint and not do anything illegal to oppose the government.  Karzai has promised his new administration will be inclusive, but Abdullah has ruled out playing a role in the administration, despite pressure for a unity government.  “I have no interest in the future cabinet of Karzai’s government and I will pursue my agenda, which is change,” he told the news conference. 

This crisis has delayed decisions by the US and NATO partners on sending more troops to fight the Taliban insurgency, in addition to paralyzing the Afghan government for months.

For more information, please see:

BBC News- Afghan Election Victory ‘Illegal’ – 4 November 2009

The New York Times- Karzai’s Top Rival Denounces Afganistan’s New Government– 4 November 2009

Examiner.Com- Karzai Opponent: Abdullah Abdullah Says Re-election Was Illegitimate– 5 November 2009

United Nations- The Universal Declaration of Human Rights

Trial Begins for Argentina’s Last Dictator

By Sovereign Hager

Impunity Watch Reporter, South America

BUENOS AIRES, Argentina-Trial began for General Bignone, Argentina’s last dictator, and five former generals who are accused of kidnappings and murders during the early 1980’s. Court papers charge Bignone with “ultimate responsibility” for fifty-six cases of torture and illegal searches during this period.

As head of a military junta from 1982 to 1983, General Bignone protected the military during Argentina’s transition to democracy. He granted amnesty to human rights violators and oversaw the destruction of documents containing evidence of torture and disappearances of political opponents. Five former generals, a former colonel, and a former police commissioner are on trial with Bignone. All of the defendants deny the charges against them.

Argentine courts overthrew the amnesty law, and Bignone was formally charged in 2003. The trail was delayed until now. The trial is taking place in a small indoor stadium to accommodate a large crowd, including witnesses, federal officials, members of activist groups, and family members of the disappeared.

More than one hundred family members attended the first proceeding on Monday, some of them held photos of victims as the defendants entered the court room. Around one hundred and thirty witnesses, many of them survivors of torture, will testify.

The fifty-six cases of torture and kidnapping allegedly took place at Campo de Mayo, a military installation. General Santiago Omar Riveros, the base’s intelligence chief, is suspected of giving orders to kill some of the kidnapped individuals.

Bignone is eighty-one and has been under house arrest. He faces two other trials: one in the abduction and disappearance of doctors and nurses at a hospital and another in the case of two soldiers when he was head of the military college. The current trial is expected to last through February.

An estimated 5,000 people were held at the Campo de Mayo, one of the largest death camps in operation during the Argentine dictatorship. An official report lists 13,000 people as being killed during the 1976 to 1983 dictatorship era. Human rights groups estimate the number of dead to be closer to 30,000.

For more information, please see:

BBC-Argentine Ex-Leader Goes on Trial-3 November 2009

AP-Last Argentine Dictator, Ex-Generals go on Trial-2 November 2009

CNN-Former Argentina Dictator, 5 Others on Trial, Accused of Rights Abuses-2 November 2009

New York Times-Trial Begins for a Former President of Argentina-2 November 2009

Israel Seizes Ship Carrying Weapons

By Brandon Kaufman
Impunity Watch Reporter, Middle East

ASHDOD, Israel– More than 3,000 rockets were apparently being smuggled aboard the ship Francop, which was captured in the Mediterranean Sea by Israel Navy missile boats and naval commandos late this past Tuesday, November 3, in an operation dubbed Operation Four Species.

The navy, which tracks suspicious activity at sea along known smuggling routes in the Mediterranean and Red Seas, located the Francop vessel shortly after it left Damietta, Egypt on Tuesday on its way to Limassol, Cyprus, and then to Syria. As evening approached, an Israeli navy missile boat made contact with the Francop and asked to conduct a routine inspection of its cargo. Israeli naval commandos boarded the ship around midnight on Tuesday and were met with no resistance from the ship’s crew of eleven.

The naval personnel checked the ship’s manifest, which showed that the cargo was going to the Syrian port of Latakia, and began opening the containers. Upon inspection, they found sacks of polyethylene near the opening and along the walls of the containers, but behind the sacks, they discovered numerous crates of ammunition and artillery shells. Immediately, the naval personnel ordered the crew to sail to Ashdod, Israel.

The cargo included thousands of medium-range rockets, armor-piercing artillery, hand grenades and ammunition for rifles.  The navy estimated that the haul included more than 3,000 rockets and a total of 300 tons of weaponry.

In response to the seizure, Israeli Prime Minister Benjamin Netanyahu stated “This was a ship carrying a massive amount of weapons that Iran tried to ship to Syria, and from there to Hezbollah.  He further added that “The bulk of the shipment included rockets intended to hurt Israelis and kill as many civilians as possible. This constitutes a war crime. The UN General Assembly should have investigated and condemned this crime and the UN Security Council should have convened a special session to debate this incident.”

For more information, please see:

Amsterdam News- Israeli Prime Minister Says Arms Shipment a War Crime– 7 November 2009

Ha’aretz- Israel Seizes Ship in Mediterranean Carrying More than 3,000 Rockets– 6 November 2009

The Washington Post- Israel Says Seized Ship Contained Iranian Arms– 5 November 2009

Suspects Arrested in Killings of Russian Human Rights Lawyer and Journalist

By David Sophrin
Impunity Watch Reporter, Europe

MOSCOW, Russia – Two suspects have been charged by a Moscow city court in the murders of a Russian human rights lawyer and journalist.

Nikita Tikhonov and Yevgenia Khasis, allegedly members of a Russian neo-Nazi organization, were charged Thursday with the Moscow murders of Stanislav Markelov and Anastasia Baburova.  The chief of the Federal Security Service, Alexander Bortnikov, confirmed that the two suspects were arrested during a larger initiative targeting domestic extremist groups.  In addition to a long record of opposing the actions of Russian security officials, Markelov, 35, had also been a the lawyer for journalist Anna Politkovskaya and worked on behalf of a Chechen family who’s daughter had been killed by a Russian Army officer.  Baburova, 25, was a student journalist.

Investigators have confirmed that it was Tikhonov who actually killed the two victims, while Khasis served as a lookout.  The announcement of these arrests, made by the nation’s top law enforcement official and Russian President Dmitry Medvedev, came as the Kremlin has faced increased criticism for failing to properly investigate the continued killings and disappearances of leading human rights activists and opposition journalists in recent years.

Both Tikhonov and Khasis are members of the radical nationalist organization Russian National Unity.  Additionally, according to Bortnikov, Tikhonov has been a member of United Brigade 88, an extreme right-wing ultra nationalist organizations.  United Brigade 88 has been engaged in a campaign of anti-immigrant violence.

Tikhonov’s lawyer has commented that it was the intention of Tikhonov to kill only Markelov.  Markelov had worked in the past to obtain tougher punishments for those were responsible for the 2006 killing of a Russian anti-fascist organizer and had encouraged security officials to arrest Tikhonov.  Tikhonov, although never arrested, had been a additional suspect in that killing.  The lawyer went on to indicate that Baburova death was accidental, since he had been leaving a news conference with Markelov when the shooting took place.

For more information, please see:

AP – Two Suspects in Killings of Lawyer, Journalist Arrested – 6 November 2009

NEW YORK TIMES – Man Admits to Killing Russian Rights Lawyer, Stanislav Markelov, and Reporter – 6 November 2009

RADIO FREE EUROPE – Two Arrests Made In Moscow For Markelov, Barburova Murders – 6 November 2009

WASHINGTON POST – Russia Arrests 2 in deaths of human rights lawyer, journalist – 6 November 2009

THE OTHER RUSSIA – Suspect Confesses to Murder of Russian Lawyer – 5 November 2009

Former Fiji Human Rights Commissioner Says Deportation of Academic Lal is Unacceptable

By Cindy Trinh
Impunity Watch Reporter, Oceania

SUVA, Fiji – A former Fiji Human Rights Commissioner, Shamima Ali, says the treatment of Dr. Brij Lal is shocking and unacceptable. Lal was threatened when he was questioned by the Fiji military, and was deported to Australia after he was questioned.

Lal is an Australian academic who was originally born in Fiji.

Earlier this week, Lal commented on the interim regime’s expulsion of top New Zealand and Australian diplomats in an interview with ABC.

Soon after, Lal was confronted by the Fiji military and questioned extensively. Lal reports that military authorities came to his house and took him to the barracks for questioning. Lal says he was subjected to intense verbal abuse, foul language and explosive anger while he was in detention in Suva.

The military gave Lal only 24 hours to leave Fiji. He was immediately deported to Australia.

Ali strongly criticizes the military’s actions, and stated: “This is like taking us back to the early days of the coup; the military taking people in and I’m not at liberty to say exactly what he went through, but he was humiliated and sworn at and belittled and threatened…”

Ali further criticizes the military’s behavior as being unacceptable: “I’m very concerned about what’s happening. We seem to be facing a deteriorating situation politically in this country. And when we thought that bridges have been mended that’s when it seems that it slipped out of our hands again. So it’s not a good place for Fiji to be at the moment.”

After Lal arrived in Australia, Lal commented that “he suffered nothing the people of Fiji don’t already suffer daily.” He returned to Australia with heightened diplomatic tensions resulting from the expulsions, which have left relations between Fiji, Australia, and New Zealand at a “new low.”

Amnesty International condemns the action taken by Fiji’s military against Lal. Amnesty reports that the military also told Lal that if he were to ever return to Fiji, he would be killed.

A researcher from Amnesty International, Apolosi Bose, says the situation in Fiji is deteriorating: “People were scared before, but the danger from Amnesty’s point of view is that Fiji’s situation will become worse as it becomes more isolated and away from all the scrutiny.”

Fiji’s immigration director, Major Nemani Vuniwaqa, denies that Lal was deported and expelled. He would not make any comments as to why Lal was questioned.

The Australian National University (ANU) is considering making a formal complaint to the Fiji government for its treatment of Lal.

Australia’s National Tertiary Education Union also condemns the actions of the Fiji military. The Union’s spokesman, Ted Murphy, says Lal’s expulsion is “a direct violation of free speech and academic freedom.”

Murphy also fears that the regime’s actions will destroy educational partnerships between Australia and Fiji.

For more information, please see:
Raw Fiji News – A former Fiji Human Rights Commissioner says treatment of academic is shocking – 06 November 2009

ABC Radio Australia – Fiji deports Fiji-born Australian academic Dr. Brij Lal – 05 November 2009

Radio New Zealand International – A former Fiji Human Rights Commissioner says treatment of academic is shocking – 05 November 2009

Radio New Zealand International – Amnesty critical of Fiji treatment of Australian academic Lal – 05 November 2009

Radio New Zealand International – Fiji deports academic Lal to Australia – 04 November 2009