A Voice for the Voiceless

UN to seek reparations from Israel after Investigations

By Nykoel Dinardo
Senior Desk Officer, Middle East

UNITED NATIONS – The United Nations (UN) concluded an inquiry into parts of the Gaza offensive and found that Israel is responsible for damage to seven UN facilities.  The inquiry covered damage to nine facilities total.  Of the other two, Hamas was determined to be responsible for the damage to one, and it is unsure who is responsible for the damage to the last facility. 

The investigation was led by Ian Martin, former head of Amnesty International.  The damage was done to UN clinics, schools and offices.  UN staff and other civilians were also injured or killed in the incidents.  The investigation’s scope was limited only to damage to UN property and injury or death of staff; however, the investigatory staff stated that the other injuries should be investigated under international humanitarian law.

The investigatory committee found that Israel’s conduct was negligent or reckless. It further found that the Israeli military failed to take adequate precautions to protect the UN premises.  UN Secretary General Ban Ki-Moon said that he would seek damages from Israel for the damage.  The damage rendered by Israel has been estimated at approximately $11 Million.  Damage by Hamas has been estimated at $29, 000. 

Israeli has responded to the investigations by claiming that they were “patently biased.”  Israeli Defense Force officials claim that the UN fails to consider the fact that they were fighting against a terrorist organization.  Furthermore, they claim that many of the UN facilities were hit after Hamas used them as bases and fired rockets at Israel.  The UN investigatory committee has rejected this argument in several cases.

For more information, please see:

Haaretz – UN Demand For IDF Compensation in Gaza Could Reach $11 Million – 6 May 2009

Times – UN Report Condemns Israel over Gaza War – 6 May 2009

The Washington Times – U.N. seeks Israeli ‘reparations’ – 6 May 2009

Guardian – UN accuses Israel of Gaza ‘Negligence or Recklessness’ – 5 May 2009

Reuters – UN Report Accuses Israel of Recklessness in Gaza – 5 May 2009

Voice of America – UN Report Slams Israel for Damages During Gaza Offensive – 5 May 2009

Sri Lankan Journalist Vithyatharan Released

By Shayne R. Burnham
Impunity Watch Reporter, Asia

COLOMBO, Sri Lanka – The Colombo Magistrate Court released journalist N. Vithyatharan from jail on April 24.  He was arrested on February 26 for alleged ties with the Liberation Tigers of Tamil Eelam (LTTE), a separatist group fighting the government.

Vithyatharan publishes two Tamil-language daily newspapers, Uthayan in Jaffna in the northern part of the country and Sudar Oli in Colombo.

He was arrested in connection with a February 20 air attack on Colombo by two Tiger planes.  The attack killed 3 people and injured 43.

“[N.] Vithyatharan has been a respected journalist for more than 25 years in Sri Lanka,” said Bob Dietz, CPJ’s Asia program coordinator. “The nature of his arrest and the allegations that he was somehow involved in an aerial attack on Colombo only point to governmental repression of critical reporting. We are concerned that like other arrested journalists he will be held for lengthy period, and hence we call for his immediate release. The forced arrest is a tactic we have seen before in Sri Lanka.”

A two month investigation by the Colombo Criminal Division (CCD), which included searching through Vithyatharan’s phone calls and bank accounts, failed to produce any evidence.

Reporters Without Borders and other press freedom organizations welcome Vithyatharan’s release and hope that the episode will open the door for other wrongfully detained journalists. “The decision of the justice system to release N. Vithyatharan is good news which should, we hope, open the way to the release of another Tamil journalist J.S. Tissanayagan, who has been held for more than a year without evidence against him, said Reporters Without Borders.

“The fact he has been completely cleared by the security services is very positive. It seems important today that officials, including Defense Secretary Gotabaya Rajapaksa, should accept the consequences, and apologize for the accusations made against the journalist,” it added.

In an interview, Defense Minister Gothabaya Rajapakse accused Vithyatharan of being a terrorist, stating, “He was implicated in a recent air raid. If you try to shield this person, you will have blood on your hands. And if someone says that he was arrested for his journalistic activities, then he will also have blood on his hands.”

For more information, please see:

Committee to Protect Journalists – Tamil Editor Arrested in Sri Lanka – 26 February 2009

Reporters Without Borders – Reporters Without Borders Welcomes the Release of N. Vithyatharan – 24 April 2009

Tamil National – Sudar Oli Chief Editor N. Vuthyatharan Released – 24 April 2000

War with Taliban Displace Thousands of Civilians in Pakistan

By Shayne R. Burnham
Impunity Watch Reporter, Asia

ISLAMABAD, Pakistan – According to a Pakistani NGO Al Khidmat, over 65,000 civilians have been displaced by the fighting between the Taliban and government forces in Lower Dir district of the North West Frontier Province, Pakistan.  Al Khidmat has been helping these people without assistance from the government.

“There is no sign that the central Pakistan government has prepared for the exodus of civilians,” said Sam Zarifi, Amnesty International’s Asia-Pacific director. “As the military operations spread, most likely to Swat next, the government has to ensure that the fleeing civilians have adequate food, shelter, and healthcare.”

The hospital in Timergara has reported that 13 civilians have been killed as a result of the fighting.  Eyewitnesses say that over 30 houses have been destroyed.  Casualties and damage have been the result of helicopters gunfire and heavy artillery that have been fired upon the village.

“Jets dropped bombs three times,” said a villager. “There was smoke and dust; I could not tell if they hit houses. We packed our things and then started moving because we thought they might hit us as well.”

Yet the number of civilans displaced is growing, especially due to the government’s offensive launched to recapture the neighboring Buner district from Taliban control.

Despite the number of casualties and property damage, civilians are grateful for the military’s presence.  “People are happy with the operation because the government gave them a deadline to leave and the people are saying that the Taliban really want to take over Tarbela Dam and Islamabad,” said Yaqoub Khan, a local farmer.  “If they had not come, the Taliban would have established positions here in this village by now,” he said.

General Abbas said that the army was concerned about the civilians. “Our constraint is that we are launching an operation in an area where militants have held the local population hostage,” he said. “We are trying to ensure there is minimum collateral damage and minimum displacement of local people.”

For more information please see:

Amnesty International – Pakistan Displacement Crisis Worsens as Fighting Spreads – 30 April 2009

Business Standard – Swat Peace Deal ‘Practically Dead’ Say Taliban – 1 May 2009

New York Times – Civilians Flee as Pakistani Forces Hit Resistance – 29 April 2009

Spanish Judge Opens Investigation of U.S. Involvement in Torture at Guantanamo

By Karla E General
Impunity Watch Reporter, North America

WASHINGTON, United States – Judge Baltasar Garzon, an investigating magistrate at the National Court in Madrid, said he would investigate allegations made by four detainees – Hamed Abderrahman Ahmed, Lahcen Ikassrien, Jamiel Abdul Latif al Banna and Omar Deghayes – who were held at Guantanamo Bay Detention Center during the Bush administration’s reign without charges. The investigation was sparked by torture complaints from the former detainees, who alleged that they had been sexually abused and beaten “under the authority of personnel from the U.S. Army.”

Garzon

In his ruling, Garzon said he will probe the “perpetrators, the instigators, the necessary collaborators and accomplices” to crimes of torture at the prison, at the U.S. naval base in Southern Cuba. Garzon also noted that recently-declassified CIA documents by the Obama Administration “have revealed what was previously a suspicion: the existence of an authorized and systematic program of torture and mistreatment of persons deprived of their freedom,” that defies international conventions.

Since 2005, Spain has assumed the principle of universal jurisdiction in cases of crimes against humanity, genocide, and terrorism. However, it is only authorized to proceed when the cases are not already subject to prosecution by the country involved.

Garzon is well-known for his use of international human rights laws to prosecute torturers from the Argentinian military dictatorships and his attempt to extradite Chilean dictator Augusto Pinochet from Britain on charges of torture and genocide.

Truth and Reconciliation Commission to Address Ethnic Violence in Solomons

By Hayley J. Campbell
Impunity Watch Senior Desk Officer, Oceania

HONIARA, Solomon Islands – The Solomon Islands Truth and Reconciliation Commission is open and will begin addressing the ethnic violence which killed 100 and displaced 20,000 in 1997 to 2003.

Today, several thousand people came to watch South African Nobel laureate and Archbishop Emeritus, Desmond Tutu, open the Commission to the public. The Archbishop spoke at the opening where he encouraged the Solomon people to embrace forgiveness and peace.

On Monday, Prime Minister, Derek Sikua, announced the Commission members which included three Solomon Islanders and two foreign members.

In 1997, ethnic conflict almost destroyed the Solomon Islands. Australia led a peacekeeping intervention in 2003, but tribal tensions have persisted. The Commission was formed to address these concerns.

The Commission hopes that through reconciliation methods, the country might move away from its troubled past and embrace sustainable peace.

For more information, please see:
Radio New Zealand International – Solomons Truth and Reconciliation Commission launched – 29 April 2009

BBC News – Solomons launches truth inquiry – 29 April 2009

The Australian – Solomon Islands gets Desmond Tutu truth help – 29 April 2009