ICC Claims Strong Cases in Kenyan Post-Election Violence

By Kylie M Tsudama
Impunity Watch Reporter, Africa

NAIROBI, Kenya – Luis Moreno Ocampo, chief prosecutor for the international Criminal Court (ICC) announced that he would bring two to three post-election violence cases to trial by next July.

Ocampo has said that he has a “strong case” against some for crimes committed during the 2007 post-election violence.  He believes speed is of utmost importance so Kenya does not experience the same type of violence during its next election in 2012.

“Everyone is worried about the next election in Kenya in 2012.  That is why I understand the importance of speed,” Ocampo said.  “I’ll go to the communities.  I”ll see the victims, listen to them.  I have to collect the evidence.  Then I’ll present my case.  Then the names will be known.  In the meantime, my duty is to make criminal records ready- who gave orders to kill.  That’s it.”

President Mwai Kibaki and Prime Minister Raila Odinga met with Ocampo and he told them that he would be asking the ICC’s pretrial judges for permission to launch an investigation in December.

In October, former UN Secretary General Kofi Annan, acting as crisis mediator, warned that there was a serious risk of violence at the next presidential election if the killings were not prosecuted.

Today, Prime Minister Odinga said that he would surrender to the ICC if Ocampo built a strong case linking him to the violence.

“I will not wait to be arrested.  I will volunteer information,” he said.

Ocampo made the decision to proceed unilaterally because the Kenyan government decided not to refer the case to the ICC.

“President Kibaki and I agreed that the prosecutor should proceed with his work and Kenya would cooperate.  We also didn’t want to show that our judicial system had failed,” said Odinga.  That’s why Kenya did not make a formal referral of the case to the ICC.

Odinga also said that the Kenyan government would fully cooperate with Prosecutor Ocampo.

“President Kibaki and I agreed that the prosecutor should proceed with his work and Kenya would cooperate.  We also didn’t want to show that our judicial system had failed,” said Odinga.  That’s why Kenya did not make a formal referral of the case to the ICC.

The current Kenyan government operates as a power-sharing entity between the Prime Minister and the President.  Both President Kibaki and Prime Minister Odinga have agreed to cooperate with any trials, although they remain committed to “local judicial mechanisms.”

“My mandate is to end impunity of the most serious crimes,” says Ocampo.  “I will do that.”

For more information, please see:

Daily Nation – Raila Assures ICC of Kenya’s Support – 08 November 2009

Al Jazeera – Ocampo to Request Kenya Trials – 07 November 2009

BBC – ICC Seeking Speedy Kenya Trials – 07 November 2009

Reuters India – ICC’s Ocampo Says Has Strong Case in Kenya – 07 November 2009

Inquiry Reveals Corruption Within PNG Immigration Department

By Eileen Gould
Impunity Watch Reporter, Oceania

PORT MORESBY, Papua New Guinea – Papua New Guinean immigration officials state that the Foreign Affairs and Immigration Department lacks sufficient resources to prevent foreigners from entering the country.

As a result of an anti-Asian riot, which occurred last May, the government has undertaken an inquiry into Department practices, to determine just how a large number of foreigners received entry visas.

Last May’s riot in Port Moresby was started by a non-governmental group, who claimed that foreigners, who entered the country illegally, took jobs away from locals who would otherwise do them.

The protest sparked rioting and looting of Asian-owned stores.

The Parliamentary Bipartisan Committee has found that foreigners have been able to enter Papua New Guinea, secure employment, and start their own businesses.

Elias Woangu, the Deputy Secretary for Foreign Affairs and Trade, stated that the government only employs thirty officers to handle visa applications.  The lack of manpower makes it difficult to monitor individuals entering and leaving the country.

Papua New Guinea is currently home to approximately 15,000 illegal residents.

The Committee found that many foreigners have been able to bribe their way into the country.  Officials not following proper procedure have accepted bribes when issuing or renewing visas and passports.

Several officers have been penalized for this corrupt behavior.

The Deputy Secretary also noted that the lack of resources has made it difficult for the department to deport illegal immigrants and other individuals who have overstayed their visas.

Papua New Guinea does not have detention centers to hold illegal immigrants.
Mr. Woangu also told the Committee that citizens have threatened immigration officials who have tried to deport illegal immigrants.  In one instance, officials who attempted to deport a foreigner, who had married a local woman, but were subsequently threatened by his in-laws.

The Committee is due to conclude its investigation in two weeks.  At that time, it will report its findings to the Parliament and make recommendations for reforming immigration, labor, and business laws.

For more information, please see:
Pacific Media Center – PNG Parliamentary Committee “Shocked” at Immigration Corruption – 07 November 2009

Radio New Zealand – PNG Parliamentary committee “shocked” at immigration corruption – 06 November 2009

Sydney Morning Herald – PNG inquiry hears claims of Asian crime – 06 November 2009

The National – PNG citizens protecting aliens, inquiry told – 05 November 2009

Radio Australia News – No monitoring of visitors, PNG inquiry told – 05 November 2009

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