Maduro Vows to Strike Down Amnesty Law

By Kaitlyn Degnan
Impunity Watch Reporter, South America

CARACAS, Venezuela — The Opposition-controlled National Assembly of Venezuela has passed an amnesty law which would free a number of imprisoned opposition activists and end the legal cases being brought against others. President Nicolas Maduro, who heads the government-supported Socialist Party, has promised to strike down the law.

Venezuelan President Nicolas Maduro. (Photo courtesy of the Wall Street Journal)

Venezuela’s constitution does not give the president veto powers. However, following the passing of a law by the National Assembly, Maduro has 10 days to sign the law into effect, or it is deferred to the Supreme Court. The Court then has 15 days to make a ruling on the law.

The Court is notorious for siding with the Executive, and has shot down most of what the National Assembly has tried to do since taking office in January, including allowing Maduro to rule by decree on issues related to the economy.

In order to declare the amnesty constitutional, the court must find that the beneficiaries of the law have committed crimes against humanity, or otherwise violated human rights.

Over 70 political prisoners would be freed by the bill, including Leopoldo Lopez. Lopez is considered by many to be Venezuela’s highest profile political prisoner. He was jailed in 2014 for allegedly spurring protests which resulted in the deaths of 40 people. He was convicted of “public incitement to violence and criminal association” last year, in a trial which has been called a “complete travesty of justice” by Human Rights Watch.

Maduro and his supporters deny that Lopez and others like him are political prisoners, instead calling them, “imprisoned politicians.”  Speaking on television hours before the bill was passed, Maduro said: “Laws to protect terrorists and criminals will not get past me, no matter what they do.”

Opposition politicians have stated that no one who would be released by the law has been accused of homicide.

 

For more information, please see:

Associated Press – Venezuela Opposition Passes Bill to Free Imprisoned Activist – 29 March 2016

Financial Times – Venezuelan congress passes amnesty law – 30 March 2016

Media with Conscience – Venezuela congresses passes bill to free jailed activists – 30 March 2016

Reuters – Venezuela parliament approves amnesty law, Maduro vows to veto – 30 March 2016 

UPI – Venezuela’s Maduro vows to veto amnesty bill passed by National Assembly – 30 March 2016

Wall Street Journal – Venezuelan President Nicolas Mauro Vows That Amnesty Law Won’t Stand – 30 March 2016

ICTJ | World Report March 2016 – Transitional Justice News and Analysis

In Focus

Truth is the First Step Towards Peace

As we search for ways to halt the violence and foster lasting peace in societies grappling with a legacy of massive human rights abuse, there is arguably no more important day to reflect upon the importance of the struggle for truth and justice than today, March 24. Thus, we take a moment to mark the International Day for the Right to the Truth concerning Gross Human Rights Violations and for the Dignity of Victims.

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World Report

AFRICA

Former vice-president of the Democratic Republic of Congo, Jean-Pierre Bemba, was convicted by the International Criminal Court (ICC) for crimes committed in the Central African Republic in 2002 and 2003. It was the first time a commander of a military force was convicted by the ICC both for the crimes of his subordinates and for using sexual violence as a weapon of war. The trial of Congolese militia commander Germain Katanga started in Kinshasa over new charges in his native country. The warlord left prison in January after serving the term handed down by the ICC in The Hague. On the same week,the ICC confirmed all the 70 charges of war crimes and crimes against humanity brought against the Ugandan commander of the Lord’s Resistance Army (LRA) Dominic Ongwen. A court in Ivory Coast sentenced Simone Gbagbo, the wife of the former president Laurent Gbagbo, to 20 years in prison for her role in a 2011 post-election crisis in which around 3,000 people were killed, her lawyer said. The army of Nigeria has established an office of human rights, which will train soldiers to respect the rights of civilians in the continuing fight against Boko Haram and other terrorist groups. In Kenya, international judges have barred the use of recanted testimony in the ongoing trial of Kenyan Vice President William Ruto, who is accused of committing crimes against humanity during the violence that followed the 2007 elections. In Sudan, a human rights body called on South Sudanese leaders to establish a unity government in order to bring to justice those who committed crimes during the 21-month conflict. Several days later, South Sudanese government troops attacked a U.N. base, killing at least 18 civilians. Since the attack, investigations have found that soldiers from the Sudan People’s Liberation Army planned and carried out the attack, possibly with the help of militias. In South Africa, the national human rights commission has expressed concerns that racism is still an issue for the country, noting that 10% of violations reported to the commission had to do with inequality, with more than half of those complains related directly to racial discrimination.

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AMERICAS

Colombia’s government and left-wing FARC rebels missed the March 23 deadline for the signing of a peace agreement. While peace was not obtained, some progress has been made in the past six months.The peace talks have established the need for a Special Tribunal for Peace, which will investigate over 100,000 crimes in 32,433 open trials. Santiago Uribe, brother of the former Colombian president Álvaro Uribe, was arrested for creating and leading a death squad known as the Twelve Apostles. In Guatemala, two former military members were sentenced to 360 years in prison for the murder, rape, and sexual enslavement of indigenous women during Guatemala’s military conflict in the 1980s. In Mexico, a report released by the Oaxaca Truth Commission documented massive and systemic human rights abuses committed in 2006 and 2007, including widespread torture and extrajudicial killings. Additionally, the Inter-American Commission on Human Rights declared in a report that Mexico is currently undergoing a human rights crisis, as evidenced by thousands of deaths, disappearances, kidnappings, and threats. Chile has been investigating human rights abuses that occurred under military rule, utilizing soldiers’ testimonies to uncover the truth about any atrocities they witnessed or took part in.

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ASIA

In Nepal, the government has endorsed the regulation of the Commission of Investigation on Enforced Disappeared Persons (CIEDP), providing an impetus in the previously delayed transitional justice process. However, victims still complain about the inefficiency of Nepal’s transitional justice bodies, and victims criticize their lack of sensitivity and sympathy toward survivors. The UN has warned that it cannot provide financial support to Nepal’s transitional justice bodies in their present condition. A human rights report on Sri Lanka has urged the Sri Lankan government to translate its promises on transitional justice into action. Although Sri Lankan President Sirisena has been opposed to foreign involvement in national war crimes investigations, Foreign Minister Mangala Samaraweera assured that foreign participation is in fact being considered. The UN strongly suggested that Sri Lanka accept foreign help due on the grounds that they lack the technical competencies to handle the war crimes probes. In Bangladesh, Prosecutor Mohammad Ali was suspended from his role in ongoing war crimes trials due to professional misconduct. The Bangladeshi Supreme Court has expressed displeasure with the investigators and prosecutors involved in the cases, claiming that they have not been effective despite their having sufficient financial resources to properly investigate and prosecute crimes.

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EUROPE

The International Criminal Tribunal for the former Yugoslavia (ICTY) found the former Bosnian Serb leader Radovan Karadžić guilty of genocide over the 1995 massacre in Srebrenica, in Bosnia and Herzegovina, and sentenced to 40 years in jail. Karadžić was found guilty of 10 out of the 11 charges, including war crimes and crimes against humanity, like murder, terror and extermination. Atifete Jahjaga, president of Kosovo, has ratified an agreement with the Netherlands regarding the establishment of a special war crimes court in The Hague to address crimes possibly committed by ex-guerillas from the Kosovo Liberation Army. Additionally, Kosovo high schools are set to begin teaching transitional justice as part of their curriculum thanks to the implementation of a proposal from the Humanitarian Law Centre.

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MENA

Tunisia’s Truth and Dignity Commission, which has been established to uncover past human rights violations and compensate victims, is struggling to remain effective given its decreasing political support and resistance from some members of the ruling elite. The Special Tribunal for Lebanon, a special court set up to try the killers of former Lebanese prime minister Rafiq Hariri, quashed on appeal the conviction of Karma Khayat, a senior TV journalist accused of obstructing justice. In Libya, delegates from rival factions have proposed the establishment of an 18-member unity government, a proposal which requires approval from the internationally recognized parliament based in eastern Libya. In Egypt, a prominent human rights organization that documents allegations of torture, death, and medical negligence in police stations and prisons was closed by the Egyptian government. Following a series of incidents involving police abuse, the Free Egyptians Party demanded rigorous implementation of existing laws and new regulations from the Ministry of Interior to restrict the authority of police officers. Tensions in Egypt have been further stoked by recent incidents involving torture and murder at the hands of police officers, including the shooting of a 21-year-old cab driver in late February.

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Publications

More Than Words: Apologies as a Form of Reparation

This report explores many of the issues and challenges likely to be faced by those considering a public apology as a form of reparation for victims of serious human rights violations.

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Opening Up Remedies in Myanmar

This briefing paper calls on the soon-to-be-established NLD-led Burmese government to seriously consider taking steps to deal with Myanmar’s troubled past as a way to help end the cycle of violence and human rights violations in the conflict-torn country.

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More Publications

Third ICC Conviction is Full of Firsts

By Tyler Campbell
Impunity Watch Reporter, Africa

BRAZZAVILLE, Congo ­– On March 21st the International Criminal Court (ICC) declared Jean-Pierre Bemba, the ex-vice president of the Democratic Republic of Congo, guilty of all five charges brought against him. Bemba was being charged for his leadership role with the MLC militia, which committed atrocities in the Central African Republic’s civil war. This is only the third conviction ever reached by the ICC but it comes with multiple landmarks for the court.

Photo of Jean-Pierre Bemba during his ICC hearing. Photo Courtesy of NBC News.

Bemba was convicted of two counts of crimes against humanity, murder and rape, and three counts of war crimes, murder, rape, and pillaging. This is the first time that the ICC has landed a conviction for rape as a war crime. This conviction by the ICC shows the continued change of how rape is viewed in the context of war. Instead of being written off as an inevitable byproduct of war it is now seen as weapon of war that must receive consequences when used.

The ex-vice president is also the highest-ranking official to ever be convicted by the court. Conviction of a high-ranking official, who was not present or near the ground fighting, shows acceptance of a different line of legal reasoning from the court. The all women three-judge panel stated Bemba was guilty by failing to properly exercise the control he had over the troops. This line of reasoning could now be taken to hold military commanders and high up government officials for, not only what they do, but also when they have failed to responsibly exercise the control their office gives them. The judges summed up this line of culpability when they said they were finding him guilty for what he had “failed to prevent.”

Now that the court has accepted that superiors can be held accountable for the actions of those below them we could see more convictions come from the ICC. Although, we should be cautious of expecting any large changes too quickly. The next step in Bemba’s case will be sentencing after the court has heard from the two parties and the legal representatives of the victims.

For More Information Please See:

BBC – Jean-Pierre Bemba: DR Congo ex-warlord guilty of war crimes – 21 March 2016

The New York Times – Congolese Politician, Jean-Pierre Bemba, Is Convicted of War Crimes – 21 March 2016

ICC – ICC Trial Chamber III declares Jean-Pierre Bemba Gombo guilty of war crimes and crimes against humanity – 21 March 2016

NBC News – Jean-Pierre Bemba Convicted at ICC of War Crimes, Crimes Against Humanity – 21 March 2016

 

IHRDC Report: ‘Restrictions on Freedom of Expression in the Islamic Republic of Iran’

On Friday, March 25, the Iran Human Rights Documentation Center (IHRDC) released its twenty-third report on human rights violations in the Islamic Republic of Iran. The report, entitled ‘Restrictions on Freedom of Expression in the Islamic Republic of Iran’, describes the legal framework within which the Iranian state imposes censorship and limits the freedom of expression. Relying on witness testimony from former government officials, authors and journalists, the report examines different aspects of the Iranian government’s actions against individuals whose opinions, beliefs or actions are contrary to what the state desires or expects. 

 Restrictions on freedom of expression in Iran are both broad and arbitrary. In addition, changes in the political climate influence what may be acceptable in the political and cultural arenas. Isa Saharkhiz, a journalist and a former official with Iran’s Ministry of Culture and Islamic Guidance, likened working as a journalist in Iran to walking on a minefield, knowing that a wrong step may harm your career or possibly land you in prison.

 This report discusses events that took place in the early years of the Iranian Revolution as well as those of the recent past. While the characteristics of censorship and governmental controls on speech have undergone some changes over time, the Islamic Republic has shown that it is not willing to significantly soften its position with respect to political opinion and cultural expression, which it appears to consider as challenges to its political or religious authority. Restrictions on Freedom of Expression in the Islamic Republic if of Iran explains how the Iranian government violates its own laws as well as international human rights norms as it attempts to maintain control over media outlets, the internet, and individual Iranians. “The government of the Islamic Republic of Iran has engineered one of the most repressive environments on the planet in terms of the right to free speech,” said Rod Sanjabi, Executive Director of the Iran Human Rights Documentation Center, adding, “For decades, journalists, scholars, artists and indeed all Iranians have been forced to navigate censorship, self-censorship, and the aggressive and often arbitrary policing of the public space by a government whose distaste for free speech has long been a matter of identity. As long as these trends persist, Iran will be poorly governed.”

For more information, please contact:

Iran Human Rights Documentation Center

Email: info@iranhrdc.org

Phone: +1 203 772 2218

Indian Journalist Jailed Over Social Media Post Criticizing Police

By Christine Khamis

Impunity Watch Reporter, Asia

 

NEW DELHI, India –

A journalist in eastern India has been arrested for posting a social media post that criticized police and called for legal protections for reporters.

Mr. Singh. (Photo courtesy of the Indian Express)

The journalist, Prabhat Singh, has been accused of circulating obscene material. Mr. Singh appeared in court this past week, where he claimed that he had been beaten while in police detainment. His lawyer has also stated that he was denied food while in custody. Mr. Singh requested bail, but the court denied his request.

Violence stemming from a Maoist insurgency has been ongoing for several years in impoverished tribal settlement regions. Insurgency rebels are fighting for equality when it comes to wealth from natural resources and the right to jobs.

Security officials have cracked down on insurgency rebels, often committing human rights abuses. Mr. Singh worked in the Bastar region of Chhattisgarh state, a rebel center. The area is known for the rebels’ hit-and-run attacks on government soldiers, whose efforts have not lessened violence in the area much.

The Committee to Protect Journalists, based in the United States, has called for Chhattisgarh state authorities to release Mr. Singh, citing concerns about the arrests of journalists and their defenders. Amnesty International has also called for Mr. Singh’s release.

India’s National Human Rights Comission, a quasi-judicial body, has requested that authorities in the region submit a report on the details of Mr. Singh’s arrest and alleged rights violations.

Journalists face challenges in Chhattisgarh state because authorities often consider criticism of security forces as support for the rebel insurgency. Authorities have gone so far as to accuse some journalists of siding with the rebels. Last year, two journalists were arrested in the tribal region for allegedly supporting the insurgency. Their lawyer states that both are innocent and is still fighting the charges against them, which were filed under anti-terror laws.

Another journalist, Malini Subramaniam, was threatened and forced to leave the area after criticizing police. During her time as a journalist in the Bastar region, Ms. Subramaniam covered human rights violations and allegations of sexual violence by security forces.

 

For more information, please see:

The Express Tribune – Indian Journalist Arrested Over Social Media Post – 24 March 2016

ABC News – Indian Reporter Arrested After Posting Criticism of Police – 23 March 2016

Associated Press – Indian Reporter Arrested After Posting Criticism of Police – 23 March 2016

The New York Times – Journalist Jailed in Eastern India Over Social Media Post – 23 March 2016