Global Centre for the Responsibility to Protect: Atrocity Alert, Issue 2

Atrocity Alert is a weekly publication by the Global Centre for the Responsibility to Protect highlighting and updating situations where populations are at risk of, or are enduring, mass atrocity crimes.

UN Photo/Eskinder Debebe

Burundi

After one year of conflict, Burundi’s protracted political and human rights crisis has claimed the lives of over 500 people and displaced over 250,000. Extra-judicial killings, arbitrary arrests and detention, enforced disappearances and sexual violence are increasing. The UN Security Council should take decisive preventive action by authorizing a robust UN police presence to halt any further deterioration of the situation.

South Sudan

Following a number of delays, rebel leader Riek Machar returned to Juba on 26 April to be sworn in as First Vice President of South Sudan. The parties to the civil war, including Machar and President Salva Kiir, must now swiftly establish the Transitional Government of National Unity and fully implement the August 2015 peace agreement, including holding accountable those who perpetrated mass atrocities during the civil war.

UN Photo/Isaac Billy

UNHCR Photo

Burma/Myanmar

Despite Burma/Myanmar holding successful democratic elections in November 2015, rampant discrimination continues against Rohingya Muslims. The new National League for Democracy (NLD) government has shown no sign of reversing decades-long institutionalized persecution of this vulnerable ethnic community, most of whom are also denied citizenship. The NLD cannot build a new, democratic Burma/Myanmar that upholds the human rights of its people without including the Rohingya in its reform process. The government should immediately repeal laws and policies that pose an existential threat to the survival of the Rohingya community.

Justice for Sergei Magnitsky: Magnitsky’s mother blasts Green Party for premiering defamatory film about Sergei Magnitsky at the European Parliament

Mag­nit­sky Fam­ily Blasts the Green Party in the Euro­pean Par­lia­ment for Host­ing Pre­miere of a False and Offen­sive Film about Sergei Mag­nit­sky by Andrei Nekrasov

 

27 April 2016 – The widow and mother of Sergei Mag­nit­sky have writ­ten to the Green/EFA fac­tion in the Euro­pean Par­lia­ment (see their let­ter) protest­ing the pre­miere of a new false, offen­sive and defam­a­tory film by Russ­ian film­maker Andrei Nekrasov about their mur­dered hus­band and son. The pre­miere will take place this after­noon at 5:30 pm at the Euro­pean Parliament.

 

The pre­miere is spon­sored at the Euro­pean Par­lia­ment by the Greens/EFA Group, and hosted by Heidi Hau­tala, Finnish MEP, Vice Pres­i­dent of the Green/EFA Group, who was reported in the Finnish press to be film­maker Andrei Nekrasov’s girl­friend.

 

The Mag­nit­sky fam­ily expressed their indig­na­tion in the let­ter about this new attempt to blacken Sergei Magnitsky’s name. They view this film as pro­mot­ing the inter­ests of those who Sergei Mag­nit­sky exposed and who are afraid of the truth he had uncovered.

 

“This film has been made in the inter­est of those who are scared of the truth uncov­ered by Sergei Mag­nit­sky, – said Sergei Magnitsky’s mother and widow. – “By this let­ter the fam­ily of Sergei Mag­nit­sky state their highly neg­a­tive reac­tion to this film and protest against uncon­scionable attempts to blacken Sergei Magnitsky’s name. We are cat­e­gor­i­cally against pub­lic view­ing of the Andrei Nekrasov’s film, against its dis­tri­b­u­tion in any form.”

 

The let­ter from the Mag­nit­sky fam­ily states that the film con­tains false infor­ma­tion and lies about Sergei Mag­nit­sky. They are cat­e­gor­i­cally against any show­ing or dis­tri­b­u­tion of this film, includ­ing and espe­cially at the Euro­pean Parliament.

 

“We believe that the film by Andrei Nekrasov, based on his inven­tions, and not on doc­u­ments and facts, is degrad­ing to the dig­nity of Sergei Mag­nit­sky, degrad­ing to the deceased, who can­not defend him­self,” says the let­ter from the Mag­nit­sky family.

 

The film by Andrei Nekrasov and pro­ducer Torstein Grude of Piraya Films (Nor­way) is designed to per­pet­u­ate a Russ­ian gov­ern­ment dis­in­for­ma­tion cam­paign about the Mag­nit­sky case for a West­ern audi­ence. The film claims that Sergei Mag­nit­sky was not beaten in cus­tody, was not a lawyer, did not tes­tify against Russ­ian offi­cials, did not inves­ti­gate the US$230 mil­lion fraud, but instead com­mit­ted it him­self.
These false claims are con­tra­dicted by numer­ous doc­u­ments. In par­tic­u­lar, the claim that he wasn’t beaten is refuted by the pho­tos of his injuries from the state autopsy; his death cer­tifi­cate stat­ing he had a sus­pected cere­br­ial cra­nial injury; cer­tifi­cates from the deten­tion cen­ter where he died record­ing the appli­ca­tion of rub­ber batons; the Russ­ian state foren­sic opin­ion find­ing that Sergei Magnitsky’s injuries were con­sis­tent with blunt force trauma.
Magnitsky’s pro­fes­sion as a lawyer is demon­strated by his role in rep­re­sent­ing his mul­ti­ple clients in court, pro­vid­ing them legal advice, and his own tes­ti­mony iden­ti­fy­ing him­self as a lawyer.

 

The fact that Sergei Magnitsky’s tes­ti­fied against police offi­cers is proven by his tes­ti­mony from 5 June 2008 in which he described the theft of Hermitage’s com­pa­nies and fraud­u­lent claims against them, men­tion­ing police offi­cer Kuznetsov 14 times and police offi­cer Kar­pov 13 times, his 7 Octo­ber 2008 tes­ti­mony in which he con­firmed his 5 June 2008 tes­ti­mony and tes­ti­fied that the same group who stole Hermitage’s com­pa­nies stoleUS$230 mln from the Russ­ian budget.

 

The claim that Sergei Mag­nit­sky stole US$230 mln is refuted by the dis­cov­ery of the illicit pro­ceeds from the fraud on accounts con­nected to the Russ­ian offi­cials and mem­bers of their fam­i­lies; the joint travel of the crim­i­nals and Russ­ian gov­ern­ment offi­cials involved in the fraud; the fact that Mag­nit­sky helped Her­mitage report the crime three weeks before the crim­i­nals applied for the fraud­u­lent tax refund, and the fact that the same crim­i­nal organ­i­sa­tion did sim­i­lar crimes before and after.

 

The false and defam­a­tory alle­ga­tions about Sergei Mag­nit­sky that Nekrasov tries to make have been refuted in the past by inde­pen­dent inter­na­tional insti­tu­tions includ­ing the Coun­cil of Europe, the EU Par­lia­ment, the USState Depart­ment and many oth­ers who have stud­ied the case in detail. Fur­ther­more, the alle­ga­tions in the film are also con­tra­dicted by the Russ­ian government’s own evi­dence, court records, and expert conclusions.

 

In Sergei Magnitsky’s own hand-written state­ment, 4 days before his death, on 12 Novem­ber 2009, he wrote:

 

“By now it has been a year that I am being held hostage in prison in the inter­ests of the per­sons, who are inter­ested to ensure that those actu­ally guilty in the theft of 5.4 bil­lion rubles [US$230 mil­lion] from the bud­get will never be brought to jus­tice. … Inves­ti­ga­tor Silchenko does not want to iden­tify the other per­sons, who made this fraud pos­si­ble. He wants the lawyers of the Her­mitage Fund, who pur­sued and con­tinue to pur­sue attempts for this case be inves­ti­gated, be forced to emi­grate from their coun­try, in which crim­i­nal cases were fab­ri­cated against them on phony grounds, or like me be detained in custody.

 

My deten­tion in cus­tody has absolutely noth­ing in com­mon with the pur­pose of crim­i­nal jus­tice, which I referred to ear­lier. It has noth­ing in com­mon with the legal pur­pose of restraint listed in Arti­cle 97 of the Russ­ian Crim­i­nal Pro­ce­dural Code, but this is a pun­ish­ment to which I have been sub­jected for merely defend­ing the inter­ests of my client and, ulti­mately, the inter­ests of the Gov­ern­ment, because should my client’s inter­ests be real­ized, should the law enforce­ment agen­cies stop obstruct­ing the inter­ests of my client and instead assisted them, then the theft of 5.4 bil­lion rubles from the state would not be pos­si­ble. The actual pur­pose of my crim­i­nal pros­e­cu­tion and my deten­tion in cus­tody are in con­flict with the law.”

 

The mother of Sergei Mag­nit­sky has pre­vi­ously writ­ten to the pro­ducer of the film, but received no reply.

 

Let­ter from Sergei Mag­nit­sky Fam­ily: http://russian-untouchables.com/docs/Letter%20from%20family%20%20on%20Nekrasov%20movie.pdf

 

For more infor­ma­tion please con­tact:

 

Jus­tice for Sergei Magnitsky

 

+44 207 440 1777

e-mail: info@lawandorderinrussia.org

www.lawandorderinrussia.org

Global Centre for the Responsibility to Protect: R2P in Focus, Issue 1

Keeping mass atrocity prevention a priority for the next UN Secretary-General

UN Photo/Marco Castro

As UN Secretary-General Ban Ki-moon approaches the end of his term, member states and civil society have campaigned for improved transparency in the selection process for the next Secretary-General. From 12 to 14 April the President of the General Assembly convened interactive dialogues with the nine candidates currently nominated for the position. Member states questioned the candidates on a wide range of global issues.

These dialogues presented an opportunity to encourage the candidates to ensure that R2P and the prevention of genocide, war crimes, crimes against humanity and ethnic cleansing remain a core priority of the UN. Spain and Mexico directly asked some candidates to explain how they would implement R2P in their work if elected. Four candidates, Dr. Igor Lukšić, Ms. Irina Bokova, Ms. Natalia Gherman and Dr. Srgjan Kerim, specifically mentioned R2P in their written statements and remarks.

During his term, Secretary-General Ban Ki-moon worked to put “Human Rights up Front” in responding to grave violations of human rights. The next UN Secretary-General should continue efforts to keep mass atrocity prevention at the core of the UN’s mission. The next Secretary-General must emphasize the need for UN member states to consistently and comprehensively deliver on their commitment to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity.

Global Centre Advocacy Highlights

Our Executive Director, Dr. Simon Adams, recently met with six of the candidates to convey how the next UN Secretary-General can prioritize implementation and operationalization of R2P and the prevention of mass atrocity crimes. For more information, see our story on Storify.

The Global Centre also co-signed a joint statement with Amnesty International, CIVICUS, FIDH, Human Rights Watch and the World Federalist Movement on priorities for a human rights agenda for the next Secretary-General. The Global Centre will continue to engage with candidates in the coming months.

Rounded Rectangle: View the Joint Statement

Sixth Annual Meeting of the Global Network of R2P Focal Points

The sixth annual meeting of the Global Network of R2P Focal Points will be held in Seoul from 20 to 22 June 2016. The government of the Republic of Korea is hosting the meeting in collaboration with the Global Centre. The focus of the meeting will be on practical implementation of R2P, including operational initiatives to strengthen national, regional and international capacities to prevent and halt mass atrocity crimes.

Syria Watch: ISIL’s Torture and Detention Centers “The Black Bottom”

ISIL’s Torture

SNHR issued ”The Black Bottom” report regarding ISIL’s torture and detention centers in Syria.
The report stated that ISIL had established secret or public detention centers in regions that are under its control to detain thousands of residents. Prisoners were incarcerated due to different accusations. Most of the times, criticizing ISIL’s oppressive policies was considered the main reason for arrests or abductions. Hence, the civil society and all popular movements were oppressed. To ISIL members or cadres, as long as people are abiding to their religious terms and not criticizing their ruling, then they can live peacefully under ISIL’s terms of living.
The report assured that ISIL has emerged due to decades of political conflicts and not just Islamic extremism. ISIL’s phenomena remain a complex one that cannot be limited to Jihadists or Salafists.
The report depended on SNHR daily documentation since 2011. They communicated with survivors from ISIL’s detention centers and with local residents and activists who live nearby those prisons. SNHR either met the eyewitnesses or residents or interviewed them via Skype or the phone.

SNHR team were not able to record all of ISIL’s detention centers or prisons, especially their secret ones. ISIL had resorted to secret jails after the international coalition commenced its airstrikes on Syria on 23 September 2014. They recorded the arrest of not less than 6318 individuals including 713 children and 647 women since ISIL was established on 9 April 2013 and up till 31 January 2016. They also estimated the enforced disappearance of more than 1188 individuals including 411 children and 87 women since 9 April 2014 and up till March 2016.The report was able to monitor 19 detention centers including some prisons, detailed as follows: Al Raqqa Governorate: 8 detention centers, Deir Al Zour Governorate: 6 detention centers, and Aleppo Governorate with 5 detention centers. While it estimated that ISIL has not less than 54 detention centers.

SNHR affirmed that ISIL had committed, beyond reasonable doubt, widespread violations against the international human rights law and the right of the people in the areas under its control, through arbitrary arrests, torture, and the application of the unjust provisions. Also, similar acts were made against the armed opposition groups, prisoners from the Kurdish Democratic Union Party, and governmental forces. All those acts constitute war crimes under the International Humanitarian Law.
The report stated that ISIL exercised, within the detention centers of systematic torture, in the context of the large-scale in various areas controlled by them. The amount of crimes against humanity, and that some of the torture operations have ethnic and sectarian dimensions. Sometimes ISIL resorted to deforming the detainees’ bodies after execution orders.
The report recommended the international coalition forces that is led by the United State and the Russian forces to pay special attention to the detainees in ISIL prisons and all other different prisons and avoid committing the same mistakes that were made before, and to acquire information from SNHR’s report to protect the civilians who live under ISIL’s control

It also demanded the international community to provide all methods of support to Human Rights group in documenting the violations that are being committed by the extremist organization, and reveal their false allegations before the public opinion in Syria, and to build their capacity through substantial training and developing.
Finally, it indicated that the organization of ISIL was founded on 9 April 2013, two years and one month after the eruption of the popular protests that demanded political and economic reform. If the international community had supported popular protests, there would have been no existence to ISIL or Al Nussra Front, and that they cannot eliminate extremism and terrorism as long as political tyranny of the Assad regime exists.

ICTJ: World Report April 2016 – Transitional Justice News and Analysis

In Focus

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What is the Role of Truth Commissions in Peace Processes in Africa?What is the Role of Truth Commissions in Peace Processes in Africa?The African Union, the Kofi Annan Foundation and ICTJ opened a high-level conference examining the role of truth commissions in peace processes. The two-day conference, titled “Truth Commissions and Peace Processes in Africa,” has gathered senior staff from the African Union and member states as well as international and national experts to reflect on lessons learned from truth commissions that have emerged from peace processes in Africa and other continents.

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World Report

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AFRICAIn the Democratic Republic of Congo, the ICC approved the domestic trial of Congolese warlord Germain Katanga. In South Sudan, the UN has established a three-person commission to inquire into human rights abuses. Ugandan opposition leader Kizza Besigye was arrested again for participating in an unlawful procession after being released from house arrest. In Mali, top military commander Souleymane Keita was arrested for his alleged role in the seizing of northern Mali in 2012. Burundi, plagued by violence and killings since April 2015, now welcomes UN police intervention. In Kenya, the ICC has abandoned its case against William Ruto, the country’s deputy president who was accused of orchestrating post-electoral violence in 2007.

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AMERICASIn Colombia, peace talks were announced between Colombia and the National Liberation Army guerrilla group. Colombian army general Henry Torres was arrested for his role in the killing of civilians ten years ago. In Argentina, U.S. President Barack Obama honored Dirty War victims and criticized the United States’ hesitancy to condemn the human rights abuses that occurred during Argentina’s dictatorship. An aboriginal community in Canada declared a state of emergency when five aboriginal children attempted to commit suicide in one night. In Mexico, a panel of international experts found that the government hampered the investigation into the 43 students who disappeared in the city of Iguala on September 26, 2014.

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ASIAIn Sri Lanka, the UN will support genuine consultations with victims and groups affected by the country’s conflict. In Nepal, the Truth and Reconciliation Commission’s demand of documents from the National Human Rights Commission sparked debate over the trustworthiness of the TRC. Meanwhile, questions persist around the CIEDP’s ability to deliver restorative justice. Nepalese conflict victims are demanding that transitional justice bodies act effectively to bring about justice. InMyanmar, Aung San Suu Kyi assumed a new post “above the president” to solidify her power. Under her new government, many political prisoners were freed and two were jailed. In Indonesia, activistsurged the government to hold a truth and reconciliation process over massacres of 500,000 suspected communists during the 1960s.

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EUROPEIIn Serbia, Vojislav Seselj, a Serbian nationalist, was acquitted by the Hague Tribunal. The UN tribunal’s prosecutor will appeal the acquittal. Following Seselj’s acquittal & the sentencing of Radovan Karadžić last month, Serbian Foreign Minister Ivica Dacic criticized the Hague tribunal for failing to punish war crimes in Kosovo. Meanwhile, Russian authorities are refusing to extraditeBosnia war crimes suspect Ratko Susnjar back to Bosnia and Herzegovina to face charges. A court inFrance has just ruled to extradite Radomir Susjnar, another Bosnian war criminal, back to Bosnia and Herzegovina to face prosecution.

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MENAUN-sponsored Syrian peace talks stalled as opposition negotiators delayed their participation in the formal process until officials representing President Bashar al-Assad agreed to discuss a transitional government, which they have so far refused to do. Meanwhile, peace talks aimed at ending civil war in Yemen failed to get off the ground as delegates representing the country’s Houthi rebels refused to attend. In Egypt, crackdowns on human rights defenders have escalated according to a report from a Cairo-based NGO. In Libya, the new U.N.-backed unity government will soon move into ministry buildings in Tripoli, despite the volatile security situation. On April 13, Lebanon commemorated the 41st anniversary of the outbreak of the Lebanese civil war. On this occasion, officials focused on the need to turn the page and emphasized the importance of reconciliation and the need to reinforce civil peace in order to guarantee non-recurrence of the war.

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Publications

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The Case for Action on Transitional Justice and DisplacementThis briefing paper calls on the international community to use the time and presence of refugees to help shape the outcomes of crises while they are ongoing.

Challenging the Conventional: Can Truth Commissions Strengthen Peace Processes?This joint report by ICTJ and the Kofi Annan Foundation explores common assumptions about why truth commissions are created in the wake of armed conflict and what factors make them more likely to succeed – or fail.