Press Release: Global Magnitsky Bill Intorduced in the Canadian Parliament

Press Release

For Immediate Distribution

Global Magnitsky Bill Introduced in the Canadian Parliament

12 June 2015 – Irwin Cotler, Canadian MP, former Minister of Justice and Attorney General of Canada, and chair of the Justice for Sergei Magnitsky Inter-Parliamentary Group, has introduced the Global Magnitsky Bill to the Canadian parliament. The bill, entitled the Global Magnitsky Human Rights Accountability Act [C-689], calls for sanctions on international human rights violators anywhere in the world, and is similar to the U.S. Global Magnitsky bill currently making its way through the U.S. Congress.

Explaining his new bill, Irwin Cotler MP said:

“The victims of human-rights violations in Russia and around the world… and the courageous activists who stand up to rights-violating regimes at great personal risk – were on my mind when I rose on Tuesday in the House to present my legislation… Countries that value human rights and the rule of law must use the measures at our disposal to hold violators to account and discourage future violations. Otherwise, we are exposed as having far less concern for these noble principles than our usual rhetoric.”

Introducing the legislation, Irwin Cotler MP paid an emotional tribute to his friend and advocate of Magnitsky sanctions legislation, Boris Nemtsov, who was assassinated near the Kremlin in Moscow three months ago.

“I could almost feel the presence of my late friend Boris Nemtsov, the leader of the democratic Russian opposition who was murdered near the Kremlin earlier this year,” said Irwin Cotler.

Boris Nemtsov publicly supported Irwin Cotler in 2012 when the Magnitsky legislation was first introduced in the Canadian parliament.

“Magnitsky was killed by prosecutors and prison management…Putin government supported the murderers… The idea of the [Magnitsky] Act is to implement sanctions against absolutely concrete corrupt officials and people who are responsible for killing Magnitsky,” said Boris Nemtsov.

“As a country with the low level of corruption and rule of law, Canada has to fight against criminals and against corruption. You are not against Russia, you are against corruption, against criminals. It will be very painful for Russian corrupt bureaucracy to get such kind of law from Canada. Very painful. Because corrupt system in Russia means that they have property outside of the country, they relax outside the country, they send their kids to get education outside…”

(Listen to the full speech by Boris Nemtsov in Canada in 2012, starting after introduction at 4 min.: http://www.ipolitics.ca/2015/03/02/when-nemtsov-came-to-ottawa/)

In March this year, the Canadian House of Commons unanimously supported the initiative to introduce Magnitsky sanctions on individual human-rights violators, including those involved in the 2009 detention, torture and murder of Sergei Magnitsky. A similar motion was adopted in the Canadian Senate a few weeks later. Yet, the Canadian Government has not acted on the call from parliamentarians.

“There is still time for the [Canadian] government to either take over my bill or to introduce similar legislation of its own, out of respect for the unanimous will of Canadian MPs, and out of solidarity with the victims of human-rights violations and those who struggle valiantly on their behalf, in Russia and around the world,” said Irwin Cotler, MP.

For more information, please contact:

Magnitsky Justice Campaign

+44 2074401777

e-mail: info@lawandorderinrussia.org

website: www.lawandorderinrussia.org

Twitter: @KatieFisher__

Video of Irwin Cotler MP introducing the Global Magnitsky Bill in the Canadian Parliament:


New Canadian Global Magnitsky Bill, C-689: “An Act to enact the Global Human Rights Accountability Act and to make related amendments to the Special Economic Measures Act and the Immigration and Refugee Protection Act”

http://www.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&DocId=8035881
Original 2012 Canadian Magnitsky Bill, C-339: “An Act to condemn corruption and impunity in Russia in the case and death of Sergei Magnitsky”

http://www.parl.gc.ca/LegisInfo/BillDetails.aspx?billId=6253662&Language=E&Mode=1
The Justice for Sergei Magnitsky Inter-Parliamentary Group website:

http://ipg-magnitsky.org/

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Press Release: Parliament Calls on EU Foreign Policy Chief to Enact EU-wide Magnitsky Sanctions on Russian Human Rights Abusers

11 June 2015 – The European Parliament has adopted the Magnitsky Sanctions Motion which demands that EU Foreign Affairs chief Federica Mogherini act “without delay” and introduce sanctions on Russian officials involved in the Magnitsky case.

The motion proposed by European Parliament’s Rapporteur on the state of EU-Russia relations Gabrielius Landsbergis, MEP, was adopted by 494 votes to 135, with 69 abstentions.

The Magnitsky Sanctions motion highlights the assassinations of Boris Nemtsov, Sergey Magnitsky, Anna Politkovskaya, Natalya Estemirova, Alexander Litvinenko and others, and demands their proper, independent investigations.

 The Magnitsky Sanctions motion adopted by the European Parliament states:

 “European Parliament…reiterates its call on the Council to … adopt, upon a proposal which should be submitted without delay by the VP/HR, restrictive measures for the officials involved in the well-documented Magnitsky case.”

Previously, Ms Mogherini, EU VP/HR (Vice President and High Representative) for foreign affairs and security policy, strongly opposed the enactment of EU-wide Magnitsky sanctions, in spite of four resolutions by the European Parliament in their favour. In a letter to the European parliament members on 12 January 2015, Ms Mogherini steadfastly refused to impose sanctions on Russian officials in the Magnitsky case.

“I consider that additional sanctions targeting human rights violators would not be the appropriate response as they would risk neither triggering a change in policy nor improving the human rights situation,” said Ms Mogherini at the time in her letter.

One and a half month after Ms Mogherini’s refusal, Boris Nemtsov, the leading proponent of the EU Magnitsky sanctions, and a key Russian leader of the opposition to president Putin, was assassinated next to the Kremlin.

In his public appearances before his assassination, Boris Nemtsov stated his belief that Magnitsky sanctions, enacted by the United States under the “US Sergei Magnitsky Rule of Law Accountability Act of 2012,” represented the “most powerful instrument against killers and cleptocrats” (see in Russian at 27 min of youtube video debate with Boris Nemtsov: https://www.youtube.com/watch?v=_n1AJ0oCIJE)

Boris Nemtsov campaigned for the adoption of Magnitsky sanctions by the EU and for the expansion of the US Magnitsky sanctions list.

“We owe it to the memory of the courageous Russian patriots Sergei Magnitsky and Boris Nemtsov to create consequences for those in Russia who act with impunity and continue to cover up brutal murders with a straight face in the international settings. Inaction by Ms Mogherini today, after the fifth vote by the European Parliament, is no longer acceptable,” said Bill Browder, leader of the Magnitsky Justice campaign.

 

For more information, please contact:

 Magnitsky Justice Campaign

+44 2074401777

e-mail: info@lawandorderinrussia.org

website: www.lawandorderinrussia.org

Twitter: @KatieFisher__

 

 

Syria Justice and Accountability Centre: US Issues First Apology for Syrian Civilian Deaths

US Issues First Apology for Syrian Civilian Deaths

Photo Credit: US Central Command Youtube Channel

US airstrikes on Hasakah, Syria 2015.                                       Photo Credit: US Central Command Youtube Channel

 

On May 21, the United States Central Command (CentCom) issued a statement admitting that two Syrian children died as a result of US airstrikes which targeted the Khorasan Group, an Al-Qaeda affiliate, near Aleppo last November. Six months of investigations resulted in US CentCom’s public apology, with Lieutenant General James Terry stating, “We regret the unintentional loss of lives.”

The acknowledgement of civilian casualties was the first since the United States began its campaign against the Islamic State of Iraq and al-Sham (ISIS) and other militant groups in August 2014. Lieutenant General Terry’s statement set an important precedent for the aerial operations in Syria, but his impersonal message came so late after the airstrikes that the impact has largely been lost on the local population.

During World War II, the US government passed theForeign Claims Act, which allowed non-US citizens to request compensation for damages caused by U.S. military personnel. Although the law is only applicable in situations where damage occurred outside the battlefield, CentCom has historically issued apologies and condolence payments (also known as solatia) for injuries that occurred during combat dating back to the Vietnam War. The tradition of condolence payments continued during the wars in Afghanistan and Iraq when the US Department of Defense developed the Money As A Weapons System (MAAWS). Condolence payments are minimal (a maximum of $2,500 in Iraq), and the US military makes clear that the token compensation does not serve as an admission of legal liability. Rather, the US military regards the apology and accompanying compensation as a way to sympathize with victims and repair ties with the local community.

Modern warfare, however, has introduced the use of drones, whereby foreign troops are not physically present in the country and, therefore, are disconnected from local communities. In Syria, Pakistan, and Yemen, for example, the United States has conducted aerial operations that have resulted in direct harm to civilians, but the military has not extended the solatia program to these countries. Evenapologies are rare. Thus, although Lieutenant General Terry’s public apology did not accompany a condolence payment to the families of the two child victims, it set an interesting precedent that can and should be followed for the rest of the 131 civilian deaths, 42 of whom have been children, resulting from coalition airstrikes in Syria.

Under the transitional justice framework, public apologies are a symbolic form of reparations intended to provide the victims with closure or healing. Simply recognizing the harm goes a long way towards building local support and trust within the community and redressing the affected population. This has long-term benefits in contributing to peace-building within the society because it lessens the desire for revenge attacks. However, a public apology is only one type of transitional justice tool and should be not viewed as full redress to the victims and their families. In addition, public apologies can be too public — thus, impersonal — and may not even reach the families or communities that were affected. A public apology accompanied by a private letter or visit to the victim to personally provide an explanation and compensation is more likely to bring closure to victims and positively impact their ability to move forward.

Public apologies and compensation also need to be transparent and timely in order to have a meaningful impact. If there is confusion about why certain injuries result in apologies or why property damage is compensated equal to loss of life, then victims will not feel like their grievances are actually being addressed. Moreover, CentCom’s recent investigation and public apology came six months after the incident occurred, decreasing its impact as a form of recognition for harm done. In a 2007 interview, General David Petraeus explained the importance of timing, “The quicker you can do it, the more responsive you can seem to be. And of course the more concerned you are, the more valuable it is…”

Nonetheless, CentCom’s public apology provides a small measure of accountability and sets an example for the coalition to follow for the investigation and recognition of all other civilian casualties. Credible documentation groupscan contribute valuable information to these investigations and speed up the process by which militaries respond to civilian deaths. And while CentCom’s apology is an important first step for the coalition forces, it is still a long way from addressing the long-standing grievances of Syrians and the need for a holistic transitional justice process that can respond to violations committed by all parties to the conflict.

For more information and to provide feedback please email SJAC at info@syriaaccountability.org.

Obama Authorizes Deployment of 450 Troops to Iraq

By Samuel Miller
Impunity Watch Reporter, North America and Oceania

WASHINGTON, D.C., United States of America — President Obama on Wednesday ordered up to 450 additional U.S. troops to Iraq to train and assist beleaguered Iraqi security forces in the war against Islamic State militants, escalating the U.S. involvement in the battle against the Sunni extremists. The United States is also sending weapons to local Sunni and Shia tribes, as well as the Kurdish Peshmerga fighters who are operating under Iraqi command, in order to fight the Islamic State in Iraq and Syria.

Iraqi Soldiers Engaged with Enemy Combatants (Photo Courtesy of BBC News)

It is unclear at this time how long the advisers will remain in Iraq, or whether additional advisers could be called for in the future.

The troops will be deployed to the Taqaddum military base in Anbar province. The move is aimed at enabling more Iraqis, mostly Sunni tribal volunteers, to integrate into the Iraq Army and reclaim territory from Islamic State in Iraq and Syria.

In a statement Wednesday, the White House said that the U.S. advisers will not serve in a combat role. The new deployment brings the number of U.S. military personnel in Iraq to about 3,550. The troops will advise and assist Iraqi soldiers at a base in eastern Anbar province, a stronghold of Islamic extremists.

With the addition of the advisers to the Taqaddum military base, U.S. advisers will be training Iraqi troops in five locations inside the country. The U.S. so far has trained more than 9,000 Iraqi troops, with another 3,000 currently in training.

However, former Iraqi national security adviser Mowaffak al-Rubaie stated the new plans were not enough. “This is too little too late. I call for the American administration to get their act together.” he added. “They don’t have any unified strategy. We don’t understand their policy in Iraq and in Syria, in the region. They are giving conflicting signs.”

Since eruptions began in the contested regions of Syria and Iraq, the Obama Administration has come under fire for what many have considered a lack of strategy and understanding of the conflict. Joint Chiefs of Staff Chairman Gen. Martin Dempsey spoke on Tuesday in Jerusalem regarding the President’s recent efforts.

“President Obama has asked us to look at whether there are other locations where we might establish training sites and develop Iraqi leaders,” Dempsey said. According to Dempsey, Obama has asked military brass to “take a look at what we’ve learned over the last eight from its programs and make recommendations to him on whether there are capabilities that we may want to provide to the Iraqis to make them more capable.”

At this time, however, President Obama continues to resist demands for combat troops, and no such plans are in place to put combat troops in Iraq or Syria.

For more information, please see:

BBC News — President Obama to boost army trainers in Iraq — 10 June 2015

Bloomberg — Obama Sending 450 Military Trainers to Base in Iraq’s Anbar — 10 June 2015

CBS News — Obama to send 450 more U.S. troops to Iraq — 10 June 2015

CNN — White House authorizes up to 450 additional troops in Iraq — 10 June 2015

LA Times — White House orders up to 450 more military advisors to Iraq — 10 June 2015