Venezuelan Protestors Tried in Military Courts

By: Max Cohen
Impunity Watch Reporter, South America

CARACAS, Venezuela – Earlier this year, during a huge economic crisis, protests began against the ruling government of Nicolás Maduro in Venezuela. In April, the protests escalated after the country’s Supreme Court, controlled by Maduro loyalists, attempted to dissolve the country’s legislative National Assembly. Now Maduro has taken another apparent attempt to silence the critics of his government by prosecuting civilian protestors before military courts.

Opposition supporters in Venezuela rally against the Maduro government as the military takes position in the background. Photo courtesy of Reuters.

According to the BBC, at least 50 have been detained thus far, while the New York Times estimates that the minimum number of actual detentions reaches as high as 120. If the protests continue, it is likely that number will rise.

The trial of civilians in military courts is traditionally forbidden, both by international law and Venezuela’s own constitution except in crimes, “of a military nature.” However, the prosecution of these protestors in military, rather than civilian courts, is claimed to be justified by the Venezuelan government’s Zamora Plan. On its official blog, Human Rights Watch describes it as an initiative meant to address, “internal and external attacks that threaten the country’s peace and sovereignty.” However, critics of this action claim it is nothing more than an attempt by Maduro’s government to crack down on and silence the protests.

A researcher from Human Rights Watch claimed that the shift is because the government can control the results in said courts. Although, it should be noted that even in civilian courts, liberal judges and prosecutors have caused hundreds to be jailed in the past. Rights groups point to the fact that there is a different standard of evidence in military courts, as well as the lack of due process protections for defendants as proof that the system is rigged against them. However, at least for now it does not appear that this move has dissuaded protestors from taking to the streets.

For more information, please see:

New York Times – Venezuela Tries Protestors in Military Court ‘Like We Are in a War’ – 12 May 2017

BBC – Venezuela military courts ‘used against protesters’ – 9 May 2017

Human Rights Watch – Civilians Tried by Military Courts – 8 May 2017

NBC News  – Venezuela Protests and Economic Crisis: What Is Going On? – 8 May 2017

New York Times – At Least 3 Die in Venezuela Protests Against Nicolás Maduro – 19 April 2017

War Crimes Prosecution Watch: Volume 12, Issue 4

 


FREDERICK K. COX
INTERNATIONAL LAW CENTER

Founder/Advisor
Michael P. Scharf

War Crimes Prosecution Watch

Volume 12 – Issue 5
May 15, 2017

Editor-in-Chief
James Prowse

Technical Editor-in-Chief
Samantha Smyth

Managing Editors
Rina Mwiti
Alexandra Mooney

War Crimes Prosecution Watch is a bi-weekly e-newsletter that compiles official documents and articles from major news sources detailing and analyzing salient issues pertaining to the investigation and prosecution of war crimes throughout the world. To subscribe, please email warcrimeswatch@pilpg.org and type “subscribe” in the subject line.

Opinions expressed in the articles herein represent the views of their authors and are not necessarily those of the War Crimes Prosecution Watch staff, the Case Western Reserve University School of Law or Public International Law & Policy Group.

Contents

AFRICA

CENTRAL AFRICA

Central African Republic

Sudan & South Sudan

Democratic Republic of the Congo

WEST AFRICA

Côte d’Ivoire (Ivory Coast)

Lake Chad Region — Chad, Nigeria, Niger, and Cameroon

Mali

EAST AFRICA

Uganda

Kenya

Rwanda (International Criminal Tribunal for Rwanda)

Somalia

NORTH AFRICA

Libya

EUROPE

Court of Bosnia & Herzegovina, War Crimes Chamber

International Criminal Tribunal for the Former Yugoslavia

Domestic Prosecutions In The Former Yugoslavia

MIDDLE EAST AND ASIA

Iraq

Syria

Yemen

Extraordinary Chambers in the Courts of Cambodia

Special Tribunal for Lebanon

Bangladesh International Crimes Tribunal

War Crimes Investigations in Burma

Israel and Palestine

North Korea

AMERICAS

North & Central America

South America

TOPICS

Truth and Reconciliation Commission

Terrorism

Piracy

Gender-Based Violence

Commentary and Perspectives

WORTH READING


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Week 4 of Palestinian Prisoners’ Hunger Strike

By: Yamillet Brizuela
Impunity Watch Reporter, Middle East

RAMALLAH, West Bank – May 14, 2017 marked the 28th day of the mass hunger strike by approximately 1,500 Palestinian prisoners in Israeli prisons to protest their administrative detention. This hunger strike started on April 17, 2017, with hopes of drawing international attention to the plight of prisoners. They aim to put pressure on Israeli authorities to spur a change in policy.

About 1,500 Palestinian prisoners in Israeli prisons are on their 4th week of a hunger strike. Photo Courtesy of Reuters.

The prisoners’ demands involve improvements to prison living condition which they believe, currently, violate basic human rights. They also denounced the torture, ill-treatment, and medical negligence of them by Israeli authorities. The Palestinian prisoners further denounced Israel’s practice of administrative detention, which allows for internment without trial or charge for six-month intervals that can be renewed indefinitely.

Other demands include: more family visits, education options, and public telephones, and are protesting unfair trials, detention of children, medical negligence, and solitary confinement.

Having lived off only salt water and now entering the 4th week of the hunger strike, a conversation of force-feeding the prisoners has arisen. Force-feeding violates international human rights standards.

Under international human rights law, prisoners must be guaranteed basic human rights, which include the right to maintain a family life and freedom from torture and other forms of CIDT, cruel, inhuman or degrading treatment.

The United Nations Committee Against Torture has called on Israel to ensure that prisoners on hunger strikes are not subjected to force-feeding or other medical treatment against their will, as it could amount to torture.

However, without negotiations with prisoners by the Israeli authorities, it is highly likely that prisoners would suffer permanent health damage and possible death.

For more information, please see:

Aljazeera – A Timeline of Palestinian Mass Hunger Strikes in Israel – 12 May 2017

Aljazeera – Palestinian Shot Dead by Israeli Forces in Nabi Saleh – 12 May 2017

Aljazeera – Palestinian Hunger Strike Highlights Medical Neglect – 12 May 2017

Daily Times – Palestinian Hunger Strikes- 13 May 2017

Ma’an News Agency – Palestinian Prisoners Enter 27th Day of Mass Hunger Strike – 13 May 2017

Ma’an News Agency – Funeral Held for Palestinian Killed by Israeli Forces During Solidarity March- 12 May 2017

Palestine News Network- Israeli Doctors Reject Force-Feeding Prisoners on Hunger Strike – 10 May 2017

Russian blogger convicted for inciting religious hatred

By: Sara Adams
Impunity Watch News Reporter, Europe

Ruslan Sokolovsky awaits sentencing in a Russian court. Image courtesy of Reuters.

MOSCOW, Russia – Russian blogger Ruslan Sokolovsky was convicted by a Russian criminal court on May 11 for insulting religious beliefs and inciting hatred. These actions are criminal offenses under Russian criminal codes.

The conviction comes after nearly a year of criminal proceedings after his arrest. Last August, Sokolovsky entered an Orthodox church in Yekaterinburg while playing the augmented reality game Pokémon Go on his smartphone. He had posted a video of himself playing the game on YouTube. At the end of the video, he said what many perceived to be an anti-religious insult. Sokolovsky’s YouTube channel included other videos that were seen as being against the Russian Orthodox Church.

After searching his apartment in September, authorities arrested Sokolovsky. They initiated another charge against him in January after months of house arrest. Sokolovsky had pled not guilty to any of the charges.

Religion has not always been a concern in Russia. Before the past few years, Russia was officially an atheistic country with no state religion. The Kremlin is now known to use religion as a means of pushing a state agenda. This year the highest court in the country banned Jehovah’s Witnesses, claiming they are an extremist group. In 2012, two members of the anti-Putin band Pussy Riot were charged with inciting religious hatred, the same conviction that Sokolovsky faces.

“Insult” was added as a crime to the criminal code of Russia after the members of Pussy Riot were arrested. According to Human Rights Watch, the crime of insult is defined as “a public action expressing clear disrespect for society and committed in order to insult the religious feelings of believers”. Critics see these laws as restrictions on freedom of expression.

Sokolovsky will face a suspended jail sentence of 3 and ½ years. He will also have to perform 160 hours of community service and cannot be seen in public places where people are meeting.

For more information, please see:

The New York Times – Russian Who Played Pokemon Go in Church Convicted of Inciting Hatred – 11 May 2017 

BBC News – Pokemon Go: Russian Blogger Suspended – 11 May 2017

Reuters – Russian court gives suspended sentenced to man who played Pokemon Go in church – 11 May 2017

Human Rights Watch – Russia: Pokemon Go Blogger Convicted – 11 May 2017