Mbeki and AU Offer Plan for Darfur Conflict Solution

By Jonathan Ambaye
Impunity Watch Reporter, Africa Desk

ADDIS ABABA, Ethiopia– Former South African President Thabo Mbeki spoke at an African Union (“AU”) meeting today in regards to the human rights violations that have taken place in Sudan this decade.  An AU panel led by Mbeki produced a report focused on finding a peaceful solution to the conflict in Sudan’s Darfur region. Mbeki’s speech contained the substance of the report’s findings.

The commission led by Mbeki was set up after a global arrest warrant was issued for Sudan’s President Omar al-Bashir, alleging his complicity in war crimes in Darfur. Analyst predict that the report likely will recommend a local tribunal supported by the AU, Sudan, and potentially the Arab League, in order to deal with the abuses committed in Darfur.

Critics say the AU is using this commission to avoid the International Criminal Court (“ICC”) warrant for President Bashir’s arrest. Mbeki strongly denies this claim.  The AU has however refused to honor the warrant, and President Bashir has additionally rejected the charges against him. President Bashir has claimed that the claims are only an attempt by the ICC to further their goals of colonialism.

Since 2003 the United Nations estimates there have been over 300,000 deaths in the region, and over two million have been displaced.  In all 4.5 million have been displaced and over 2 million deaths have resulted from the 21 year civil war between Northern and Southern Sudan.  However since the enactment of the Comprehensive Peace Agreement (“CPA”) which ended the civil war,  there have been gradual attempts to return those who had been displaced in Southern Sudan.

One UN official expressed that the key to returning the 4.5 million who had been displaced depended on the stability of the Sudanese government.  So far the UN official has proudly stated that about 350,000 refugees have been returned.  Despite this progress concerns are still growing surrounding the violence that still is taking place in the country, and the constant influx of refugees crossing over into Sudan from neighboring countries.

For more information please see:

BBC – Mbeki Delivers AU Darfur Report – 8 October 2009

All Africa – Sudan:Inter-Ethnic Violence in Southern Region Threatens Return of Displaced – UN

Reuters – Sudan Conflicts – 17 March 2009

UN News – Inter-Ethnic Violence in Southern Sudan Threatens Return of Displaced – 7 October 2009

Solomon Islands Truth and Reconciliation Commission Does Not Have the Power to Grant Amnesty

by Cindy Trinh
Impunity Watch Reporter, Oceania

HONIARA, Solomon Islands – Despite the civil conflicts, riots, and violence in the capital of Honiara, the Solomon Islands Truth and Reconciliation Commission (TRC) does not have the power to grant amnesty.

The Solomon Islands has struggled with civil conflict since 1999. The country went though a period of “ethnic tension” because of the cultural differences between the Malaita and the Guadalcanal. Two militant forces from both sides fought vigorously, and during this time there were kidnappings, torture, murders, and human rights abuses.

A cease fire was called, and a peace agreement was signed. The Regional Assistance Mission for Solomon Islands (RAMSI) was invited to restore law and order in the country. Although the country has generally been more peaceful, there is still no deep reconciliation between the parties.

Recently, the Solomon Islands TRC was created to further the goal of reconciliation between the two sides and for the peaceful future of the country. The format of the TRC is similar to that of South Africa’s TRC. However, unlike South Africa’s TRC, the Solomon Islands TRC does not have the power to grant amnesty.

Amnesty International criticized the limited amnesty provision, arguing that “those who committed human rights abuses should not be protected in any way but rather face full criminal charges.” Amnesty argues that such a limitation “is at odds with the mandate of the TRC” to address impunity.

However, Daniela Gavshon, head of the International Centre for Transitional Justice (ICTJ) Program, stated that the Solomon Islands 2000 and 2001 Act are unaffected by the TRC Act. Thus, those who qualify for amnesty under the 2000 and 2001 Acts will still have amnesty, but the TRC cannot grant amnesty.

Gavshon stated that the only thing the TRC can do with amnesties is recommend it.

For more information, please see:
Islands Business – Truth and Reconciliation Commission do not have power to grant amnesty – 07 October, 2009

Pacific Islands News Association – Solomon Islands Truth and Reconciliation Commission do not have power to grant amnesty – 07 October, 2009

Solomon Star – No power to grant amnesty – 05 October, 2009

Ministry Matters – The Solomans brace for truth – 22 September, 2009

Amnesty International – Solomon Islands: The Truth and Reconciliation Commission Cannot Work in Isolation – 29 April, 2009

Thousands Protest in South Yemen For Independent Rule

By[VAC1] Ahmad Shihadah

Impunity Watch Reporter, Middle East Desk

ADEN, Yemen – Thousands have taken the streets in southern Yemen to demand the restoration of the region’s independence. Witnesses said more than 10,000 demonstrators marched in the city of Dhaleh while thousands more turned out in the Lahej and Abyan provinces. The protestors carried the flag of the former independent state while chanting anti-government slogans demanding the separation of the south of Yemen from the north.

Following the unification of Yemen in 1990, the people of the south claim that they [VAC2] have not received equal treatment from those in the north.  Abdullah al-Faqih, a professor of political science at Sa’na university stated “the southerners were turned unto second class citizens; they were marginalized politically, socially and economically.” Yemen is the Middle East’s poorest country and southerners complain they have fared even worse than their northern neighbors since the unification.

The demonstrations coincided with talks held in the Yemeni capital Sa’na between Arab League Chief Amir Mussa and Yemeni President Ali Abdullah Saleh[VAC3] . The main thrust of the talks was Yemen’s security and stability. Mussa continued by saying, “the president has expressed openness in engaging in dialogue with the different political sides inside Yemen and abroad, no matter what the differences are, and he expressed his readiness to hold talks with them.

Yemen is currently facing considerable unrest as its army is currently waging a bloody campaign against Shi’ite rebels in the north. The conflicts have raised concern of the strategically located country’s stability and possible unrest spilling over to other nations.

For more information please see:

Al-Jazeera – South Yemenis rally for self-rule – 6 October 2009

APF – Thousands demonstrate for independent south Yemen – 6 October 2009

Gulf Times – Thousands demonstrate in S Yemen for independence – 6 October 2009

USA Today – Thousands protest in Yemen’s south – 6 October 2009

Two Argentine “Death Pilots” Arrested for Involvement in 950 Deaths

By Sovereign Hager

Impunity Watch Reporter, South America

BUENOS AIRES, Argentina – Two suspected “death pilots” have been arrested and are being detained for their alleged involvement in the murders of 950 people during Argentina’s “dirty war” in the 1970s and 80s.

A Spanish judge ordered former Argentine Navy Lt. Julio Alberto Poch to remain in jail until a decision is made about whether he should be extradited to Argentina to be prosecuted.

Poch was arrested in Valencia, Spain after police found an Argentine army pistol in his home.  Poch holds Dutch and Argentine nationality and works for the airline Transavia. Poch reportedly told airline colleagues that he was involved in the death flights in 2007.  An international warrant for Poch’s arrest was issued in March of this year. A spokesperson said that the extradition decision could take several months.

In Argentina, police arrested former Navy Captain Emir Sisul Hess last week in the town of Bariloche, near the Chilean border. An initial hearing was held on Friday. Sisul also reportedly discussed his involvement in the “death flights” with colleagues. He was a helicopter pilot in Argentina from 1976-77.

Argentine federal Judge Sergio Gabriel Torres is pursuing the extradition of Poch and handling the arrest of Sisul Hess. The men are suspected not just of drugging, blindfolding, and dumping people into the sea or the Rio Plata, but also of being involved in murders at the Argentine Marine Academy. Poch denies any involvement, saying that “it is practically impossible” and that he was a jet fighter at the time. Sisul has also denied the allegations.

Executed prisoners included students, labor leaders, intellectuals and leftists who were politically opposed to the dictatorship. Most of the people were snatched off of the street or arrested and held without trial in secret prisons and subject to torture. As many as 30,000 people disappeared or were held in secret prisons during the dictatorship.

There have been four major “dirty war” convictions. The first was the 1984 conviction of Ex-President Jorge Videla for the murder, torture, and detention of thousands. He is currently serving a life sentence. In 2005, an ex-naval officer was sentenced to 640 years in prison for his involvement in the “death flights.” In 2006, an ex-police chief was sentenced to life in prison for human rights abuses and earlier this year Ex-General Santiago Omar Riveros was sentenced to life in prison for kidnap, torture, and murder.

Hebe de Bonafini, the well known president of the Association of the Mothers of the Plaza de Mayo, a group of mothers whose children went missing during the “dirty war” said that she found no joy in the arrests. She urged the government to find other criminals from the period, “there are several. They are not the only ones.”

For more information, please see:

Aljazeera – Argentine Held Over “Death Flights” – 7 October 2009

BBC – Jail Ruling for “Dirty War” Pilot – 6 October 2009

CNN International – Argentine “Death Pilot” Held In Spain – 6 October 2009

Dutch News – Pilot Suspected of Role in 950 Murders – 6 October 2009

United Press International – “Death Flight” Pilot’s Release Bid Denied – 6 October 2009

Most-Wanted Rwandan Genocide Fugitive Arrested

By Jared Kleinman
Impunity Watch Reporter, Africa

KAMPALA, Uganda — Idelphonse Nizeyimana, one of the most wanted fugitives from Rwanda’s 1994 100-day genocide, was arrested in Uganda this week, Ugandan and Rwandan officials said Tuesday. Ugandan officials said he was caught using false documents to travel from the Democratic Republic of the Congo (DRC) to Kenya and was subsequently detained. Nizeyimana was extradited to the international criminal tribunal for Rwanda (ICTR), based in Arusha, Tanzania, which has charged him with genocide, complicity in genocide and direct and public incitement to genocide.

During the Rwandan genocide, Nizeyimana was second-in-command in charge of military and intelligence operations for the École des sous-officiers (ESO). The former intelligence chief, Nizeyimana is alleged to have participated in the Rwandan Genocide in 1994 which left about 800,000 ethnic Tutsis and moderate Hutus dead in 100 days.

Besides helping draft plans to exterminate the Tutsis, and drawing up death lists of intellectuals and other influential figures, Nizeyimana is accused of creating secret units of extremist Hutus to carry out the killings. One of these units is alleged to have killed Queen Rosalie Gicanda, the widow of the former Rwandan king during colonial times, and a symbolic figure for Tutsis. During the 100-day massacres, Nizeyimana is said to have ordered the erection of roadblocks where Tutsis were stopped and killed, and is accused of personally sanctioning the killings of entire Tutsi families on account of their ethnicity.

Nizeyimana fled the country in June or July 1994 as the Tutsi-dominated Rwandan Patriotic Front, led by the current president, Paul Kagame, advanced. On November 27, 2000, the International Criminal Tribunal for Rwanda (ICTR) issued an indictment against Nizeyimana, charging him with genocide and crimes against humanity. The US had offered a reward of up to $5m (£3m) for his capture.

More recently, Mr. Nizeyimana was a top commander of a rebel army of former Rwandan soldiers hiding out in the forests of eastern Congo, Rwandan officials said. That force, the Democratic Liberation Forces of Rwanda, or FDLR, has been blamed for some of the most atrocious attacks in eastern Congo and is widely seen as a threat to regional peace. “He [Nizeyimana] was an agitator, a handler, the chief killer in Butare,” said Rwandan justice minister, Tharcisse Karugarama. “The arrest of this man is a very big relief to survivors of the genocide.”

With Nizeyimana’s arrest, 11 top suspects remain with similar bounties on their heads for their alleged roles in the 1994 genocide.

For more information, please see:

AllAfrica – Top Rwandan Genocide Suspect Arrested in Kampala – 6 October 2009

Huffington Post – Idelphonse Nizeyimana, Rwanda Queen-Killing Genocide Suspect, Arrested In Uganda – 6 October 2009

The Guardian – Key Rwanda genocide suspect arrested in Uganda – 6 October 2009

New York Times – Rwandan Fugitive Is Captured in Uganda – 6 October 2009

Reuters – Uganda arrests most-wanted Rwanda genocide suspect – 6 October 2009