By: Fernando Oliveira
Impunity Watch Reporter, South America
RIO DE JANEIRO, Brazil – On September 23th, 2017, Brazilian Defense Minister Raul Jungmann authorized the deployment of about 950 federal army soldiers in Rio de Janeiro city, given the formal state government request of assistance to face the worsening of drug-related violence.
Brazilian army progressing within Rocinha, while neighbors pass through – Picture courtesy of O Globo.
After a whole week of several fire shooting episodes, last Saturday, September 23, Rio de Janeiro city awoke with a war scenario surrounding one of its biggest favelas, named Rocinha. Armored tanks were on the streets, military helicopters in the sky, and roads were blocked in order to help the cash-strapped state police forces step into the slum area.
Rocinha – as many other Rio`s favelas – is a very poor neighborhood located in the Southern area of the city, not far from some of the most expensive real estate areas. It has about 70,000 inhabitants which were under trafficking gang rules until 2011, when the state government set forth a “pacification program” that pushed criminals, mainly drug dealers, out of the slum.
However, soon after the 2016 Summer Olympics, a wide spread corruption scandal led the former state governor, Sergio Cabral, to jail. According to federal prosecutors, he was the leader of a huge bribery mafia that diverted millions of dollars from state sources, and has been sentenced to more than 45 years in prison. As a consequence, state institutions, including the state police department, have run out of money and the “pacification program” – which had originally been successfully implemented in several favelas – began to run down.
As the “pacification program” weakened, the drug gangs went back to Rocinha. Currently, they are completely reinstalled, and started to fight among them toward controlling the worthiest drug trade points within the slum. War weapons, such as rifles AR-15 and grenades, are constantly used by the drug traffickers on rival gang firefights, and also against the state police forces. Be that as it may, the only hope for the poor Rocinha’s population is to believe that the federal troops will reestablish the order in the neighborhood, and life will return to normal.
By Sarah Purtill Impunity Watch Reporter, North America
WASHINGTON, D.C., U.S. – On September 19, 2017 the Senate Commerce Committee heard testimony from victims’ families urging law makers to approve the Stop Enabling Sex Traffickers Act (SESTA). The bill has bipartisan support as it was promoted by both Senator Rob Portman (R-Ohio) and Senator Richard Blumenthal (D-Connecticut).
Human trafficking survivors and their advocates have been pushing Congress to reform Section 230 of the Communications Decency Act (CDA) for years. Courts around the country have been interpreting the act to afford immunity to individuals and companies who knowingly work with sex traffickers to create advertisements for the sale of women and children into sex trafficking.
The CDA was passed by Congress in 1996 to help families shield children form sexually explicit material. At the time, Congress also wanted the Internet to be successful. Taking both of these goals into account, Congress designed the CDA “to protect companies when they merely hosted content from third parties and when they chose in good faith to regulate explicit material on their sites — not when they knowingly engaged in clearly illegal activity.”
Yvonne Ambrose, who’s daughter Desiree Robinson was killed as a result of sex trafficking, speaks to the media after giving her testimony before the Senate Commerce Committee, in favor of amending the CDA.
Today, individuals and companies utilized the immunity law of the CDA. California Superior Court Judge Lawrence Brown stated, “until Congress sees fit to amend the immunity law, the broad reach of section 230 of the Communications Decency Act even applies to those alleged to support the exploitation of others by human trafficking.” One webpage it applies to is Backpage.com which is the website where most American victims of sex trafficking are sold.
Backpage is involved in 73% of cases of suspected child trafficking in America. Although this is a large percentage, the United States Court of Appeals for the First Circuit recently dismissed three sex trafficking cases. The court ruled that the CDA’s immunity provision precluded the litigation even if they knowingly collaborated with sex traffickers to sell children. The court suggested that the victims seek legislative change to stop this issue.
Despite not taking ads from Backpage, Google “has emerged as its behind-the-scenes champion.” Google is concerned that closing the loophole created by the CDA would allow for frivolous lawsuits and investigations that will damage its’ interests and the freedom of the Internet. Senator Portman says they have nothing to fear.
Senator Portman said, “They have to be proven to have knowingly facilitated, supported or assisted in online sex trafficking to be liable in the first place.” The Senator further declared, “Because the standard is so high, our bill protects good tech actors and targets rogue online actors like Backpage.”
While none of the members of the Commerce Committee have come out against the bill, some have indicated that they are open to revising it in order to address the concerns of the tech industry. It remains to be seen how the bill may be revised to address these concerns and effectively close the CDA loophole.
By: Adam King Impunity Rights News Reporter, Africa
Tunisian authorities recently announced a change to compulsory anal examinations for accusations of homosexuality. Photo courtesy of Shutterstock.
TUNIS, Tunisia – Tunisian authorities recently announced that it would be ending its current practice of forcing those who face accusations of homosexuality to undergo mandatory anal testing. In Tunisia, a judge has the power to compel a defendant accused of homosexuality to undergo an anal examination to collect evidence against the defendant. Under the new policy, defendants would be able to refuse the examination. According to Mehdi Ben Gharbia ( a Tunisian politician), “judges can still request that a suspect undergo the test but that person has every right to refuse, without his refusal being held up as proof of homosexuality”.
The United Nations and other human rights organizations have equated the practice of mandatory anal exams to torture. In March 2016, Human Rights Watch released a report detailing instances of forceful abuse of the anal examination protocol against Tunisian citizens. One victim recalled his experience with the examination process,
“[T]he policeman took me outside to a small garden. He hit me. He slapped me on the face and punched me on the shoulder and said “You will do the test.” The doctor was not watching, but he knew I was being beaten. The policeman pushed me back into the room and said to the doctor, “He will do the test…..He entered one finger inside my anus, with cream on it. He put his finger in and was looking. While putting his finger in, he asked “Are you ok now?” I said, “No, I’m not okay.” It was painful…Then he put in a tube. It was to see if there was sperm. He pushed the tube far inside. It was about the length of a finger. It felt painful. I felt like I was an animal, because I felt like I didn’t have any respect. I felt like they were violating me. I feel that up to now. It’s very hard for me.”
Amnesty International covered the issue of abuse against homosexual and transgender persons in Tunisia originally in 2015. In their report, they detailed the challenges that homosexual and transgender persons faced when trying to seek redress for the harms against them,
“In some cases, instead of duly investigating these homophobic and transphobic crimes – as is their obligation under international law – the police warned or openly threatened survivors, including lesbian women, to drop their complaints if they did not wish to be prosecuted themselves. In other cases police officers have exploited LGBTI people’s fears of prosecution to subject them to blackmail, extortion and, at times, sexual abuse. Gay men and transgender individuals who do not want to be arrested are often forced to bribe police officers and give up their phones or other valuables.”
While this measure will provide more protection to those accused of homosexuality, there are still some uncertainties around the proposal. First, there is no set date when the measure will go into effect. The policy is the proposition stage, with no indication as to how soon the measure will be enacted. The Tunisian medical council actually banned the practice in April of 2017, but that ban served more as a declaratory opinion rather than a legally binding mandate. Second, while the refusal of taking the exam is claimed to not be used as evidence against a defendant, the subjective outcomes may be different. As the victim detailed in the Human Rights Watch report, the coercion and violence can be used to compel a defendant to take the examination long before he comes in front of a judge. This leaves an open question as to whether the change will adequately protect those accused of homosexuality.
While much progress has been made since the coup of former President Zine El Abidine Ben Ali, the progress is still met with staunch opposition. Tunisia is still a Muslim country that adheres to the pillars of Islam. The measure also does not have broader implications for the acceptance of homosexuality in Tunisia. The measure for example does not make homosexuality legal in Tunisia, “Homosexuality is still punishable by three years in jail under Article 230 of Tunisia’s criminal code, which President Beji Caid Essebsi has said would not be repealed.”
By: Adam King Impunity Rights News Reporter, Africa
President Ellen Johnson Sirleaf addressing UN General Body. Photo courtesy of UN News Centre.
MONROVIA, Liberia – Democracy hasn’t come easy for Liberia: a country ravaged with civil warfare aplenty. October 10, 2017 will mark a historic achievement for Liberia. President Ellen Johnson Sirleaf, in a speech to the United Nations General Assembly, proclaimed the achievement:
“The [legislative and presidential polls] will mark the first time in 73 years that political power will be handed over peacefully, and democratically, from one elected leader to another….Democracy is on the march in Liberia and, I believe, on an irreversible path forward on the African continent.”
Liberia has gone almost a century without a peaceful transition of power from one government to the other. President Sirleaf’s achievement in being the first woman to be elected in a democratic election on the African continent is right on par with the anticipated peaceful transition of power. Former United States President Barack Obama underscores the importance of a peaceful transition of power in his farewell address:
“In 10 days, the world will witness a hallmark of our democracy: the peaceful transfer of power from one freely elected president to the next…it’s up to all of us to make sure our government can help us meet the many challenges we still face…But that potential will be realized only if our democracy works. Only if our politics reflects the decency of the our people. Only if all of us, regardless of our party affiliation or particular interest, help restore the sense of common purpose that we so badly need right now.”
President Sirleaf echoed Mr. Obama’s sentiments in the view that she has for Liberia going forward:
“Liberia’s transformation was powered by a world community that made a shared commitment to deliver peace to a country, and a subregion, beset by civil conflict and cross border destabilization. The UN and its partner nations were of one mind, and from that global unity, a new Liberian democratic state was born. Liberia is a post conflict success story. It is your post conflict success story.”
President Sirleaf assumed the presidency at a time when Liberia was facing stagnant development and civil war. Despite those challenges, Liberia has erected a new foundation through government restructuring and citizen engagement. President Sirleaf commented on some of the initiatives that have helped to revitalize the country:
“Further, previously dysfunctional public institutions now have the capacity to respond to the needs of our citizens through decentralized county service centers with ownership by strong local governments. And from the tragedy of the health crisis, we are strengthening our healthcare systems, prioritizing prevention and delivering capacity at the community level.”
Much remains to be seen as to how Liberia will fair upon the departure of President Sirleaf. The local election commissions in Liberia are taking sizable precautions to safeguard the electoral process. In addition to training for its volunteers, the government will be providing upwards of 6,000 security servicemen to assist with order on election day. The field of candidates for the presidency is quite extensive (upwards of 20), leaving doubt as to what direction Liberia will take once the new president is elected and assumes power. While President Sirleaf has ushered in some notable achievements in here tenure, it has not all been free of scrutiny.
The tenure of President Sirleaf herself has also been questioned by some. Most recently, President Sirleaf proposed a law entitled the “Presidential Transition Act”. According to the Liberian Observer, the act contained provisions related to peaceful transitioning of the government and protection provisions for the president and vice president including vehicles, security and dependent benefits. There were other parts of the law that were more controversial. Some have argued that this bill could be used to shield President Sirleaf from charges of corruption for example. President Sirleaf has since withdrawn the bill as of September 17, 2017.
ISTANBUL, Turkey – A Syrian activist and her daughter, a journalist, were fatally stabbed in their home on September 21st in Istanbul’s Uskudar neighborhood.
Orouba Barakat and her daughter, Halla. Photo Courtesy of BBC News.
Orouba Barakat, 60, and her daughter, Halla, 23, were found stabbed to death in their Istanbul apartment.
Orouba was a prominent activist for the Syrian National Coalition, although she was critical of some of the opposition groups. She left Syria in the 1980s and worked for some time covering economic and political affairs for Arab newspapers. She had recently been investigating allegations of torture in prisons run by the Assad regime.
Halla was born in North Carolina. She was a freelance journalist for Orient News, TRT World and ABC News. Friends contacted police when Halla did not show up for work.
In the weeks leading up to their deaths, both women had received threats from Syrian regime supporters. A Turkish newspaper, The Cuhhiryet, published details indicating there were similarities between the killings of the mother and daughter and those known to have been committed by the Islamic State.
Family members believe that the killings were perpetrated by the Assad government. Orouba and Halla had been critical of Syrian President Bashar Assad’s regime.
Orouba’s sister, Shaza, said of the killings “We accuse the Syrian regime, the gangs, because we are against the unjust government, this deadly oppressor, which has killed three quarters of the Syrians and displaced the rest, and destroyed all of Syria.”
Another relative, Suzanne Barakat, noted that the women “were vocal activists in the Syrian revolution, speaking truth to power, and raising awareness about the atrocities committed by the Assad regime.”
There have been four other Syrian journalists murdered in Turkey since 2015.
The US State Department released the following statement concerning the murders: “The United States is deeply saddened by the deaths of Arouba and Halla Barakat. Halla served as a journalist for Orient News and we remember the courageous work of her mother, Orouba, a Syrian activist who reported on the Syrian regime’s atrocities. The United States condemns the perpetrators of these murders and we will closely follow the investigation.”
Orouba and Halla had been friends with American humanitarian worker Kayla Mueller, who was taken hostage by ISIS in Aleppo, Syria in 2013 and killed 18 months later.
Before their deaths, Orouba and Halla were preparing to start a charity for Syrian women living in refugee camps in Turkey in Mueller’s honor.
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