Prosecutor Drops Charges Against President Kirchner of Argentina

By Delisa Morris

Impunity Watch Reporter, South America

BUENOS AIRES, Argentina — Argentine President Cristina Fernandez de Kirchner will no longer face allegations in court that she tried to cover up Iran’s involvement in a 1994 bombing in Buenos Aires.  The prosecutor has dismissed the allegations.

Argentina’s President Cristina Fernandez de Kirchner / Image courtesy of Haaretz.com / AP

Prosecutor Javier de Luca’s decision to drop the case could mean a definitive end to the accusations that have stormed the nation, according to Argentina’s state-run Telam news agency.

The case put the international community on alert in January of 2015 after the original prosecutor who brought the allegations was found dead in his home.

Alberto Nisman’s dead body was discovered just days after making the accusations against President Kirchner.  His death jarred conspiracy theories and outrage.

Nisman accused the Argentine government of agreeing not to go after Iranian suspects in the bombing in exchange for a favorable trade deal.

The bombing occurred in 1994 and is the deadliest terrorist attack in the country’s history.  It is suspected that Iranians bombed the Jewish community center in the Argentine capital.  Eighty-five people were killed, and hundreds were injured.

Iran denies any involvement in the bombing.

After Nisman’s death another prosecutor took over and the case went to court in February.  A judge dismissed the case, saying that Nisman’s allegations did not hold up.

Furthermore, the Argentine government has sought to discredit Nisman.  Last week it made accusations that Nisman received salary kick-backs from the IT specialist who had been working with him on his investigation into the bombing.

Nisman spent the embezzled money on champagne, women and lavish vacations, according to President Kirchner’s cabinet chief.

After the dismissal, the case went to prosecutor de Luca for a possible appeal.

Yesterday, de Luca announced that in his investigation he found that “there was no crime here, either carried out or attempted,” according to Telam.

For more information, please see:

CNN – In Argentina, prosecutor drops allegations against President Kirchner – 21 Apr. 2015

Forward – Argentina Prosecutor Dismisses Iran Terror Cover-Up Case Against President – 21 Apr. 2015

Haaretz – Argentina prosecutor dismisses cover-up case against president – 21 Apr. 2015

Yahoo – Argentina court throws out case against Kirchner again – 21 Apr. 2015

Syrian Network for Human Rights: Waiting for the Second Ghouta Attack

Atrocity Accountability in Syria: What Criminal Investigations Have Uncovered

International Criminal Justice Today

ABA ICC Project

Thursday Apr 16, 2015

On April 14, 2015, the American Bar Association (ABA) Center for Human Rights and its International Criminal Court Project hosted a closed-door meeting of experts entitled “Atrocity Accountability in Syria: What Criminal Investigations Have Uncovered”, which featured a distinguished panel including Ambassador Stephen J. Rapp, U.S. Ambassador-at-Large for Global Criminal Justice, Professor Larry D. Johnson, Professor of Law at Columbia Law School and former U.N. Assistant Secretary-General for Legal Affairs, Dr. William Wiley, Executive Director of the Commission for International Justice and Accountability (CIJA), and Chris Engels, Head of Regime Crimes Team for CIJA. Senior Counsel of the ABA Center for Human Rights and the Director of the ABA’s ICC Project, Kip Hale, moderated the discussion.

(Photo curtesy of International Criminal Justice Today and The American Bar Association Center for Human Rights and its International Criminal Court Project)

The event focused on the atrocity crimes investigations conducted by CIJA in Syria, specifically investigations of widespread detention centers crimes committed by Assad regime officials throughout Syria. The panelists’ remarks covered such issues such as the need for contemporaneous criminal investigations during the commission of atrocities, CIJA’s model and mandate, the results of CIJA’s investigations, and how all of this may impact policy on Syria. An informative and engaging discussion followed between the panelists and the assembled experts from the US government, policy think tanks, human rights and rule of law organizations, diplomats, and other members of civil society.

 

Hundreds Feared Dead After Migrant Boat Capsizes

By Kyle Herda

Impunity Watch Reporter, Europe

ROME, Italy – A boat leaving Libya with around 700 migrants has capsized in the Mediterranean south of the Italian coast. So far only 28 survivors have been pulled from the water, along with 24 bodies; the rest are still missing with hundreds presumed dead.

The Italian Coast Guard was involved in the search for survivors after the boat capsized. (Photo courtesy of The New York Times)

 

The boat was 20 meters long and capsized 70 miles north of Libya. A Portuguese ship was directed by Italian authorities to go save the migrant ship after those aboard sent out a distress signal. When the Portuguese vessel neared the migrant ship, a large number of those aboard rushed to the side of the boat facing the Portuguese ship and their boat capsized. Four days earlier, another migrant boat capsized off the Libyan coast leaving 400 dead in addition to the 144 that had to be rescued. On April 6, 7 drowned near Turkey after a boat containing 29 Syrian and Iraqi refugees. Over 900 migrants have already died this year in the Mediterranean attempting, with some days requiring up to 20 migrants boats and 8,000 migrants in need of help.

French President Hollande and Human Rights Watch both called on the European Union to help in the rescue more, claiming that these deaths are preventable. Pope Francis also called on the EU to take action “decisively and quickly to stop these tragedies from recurring.” The EU in return is organizing to prepare a European Migration Strategy to be adopted by mid-May. Italian Prime Minister Renzi focused the blame on human traffickers for using ships of such poor quality to send over migrants. The International Organization of Migration estimates 3,072 migrants drowned last year, following 700 from 2013.

While it appears that this instance involved a prompt response, EU’s foreign policy chief, Italian Federica Mogherini, says “Now is time for the European Union as such to tackle these tragedies without delay.” Pope Francis also demanded decisive and quick responses for those “looking for a better life.”

For more information, please see:

The New York Times – Hundreds Feared Dead After Boat Filled With Migrants Capsizes in Mediterranean – 19 April 2015

The New York Times – Hundreds Feared Dead After Boat Filled With Migrants Capsized in Mediterranean – 19 April 2015

CNN – ‘Genocide’ charged as boat capsizes in Mediterranean – 19 April 2015

Fox News – Migrant boat capsizes off Libya, 400 feared dead – 15 April 2015

Sunday’s Zaman – 7 drown as migrant boat capsizes near Datca – 6 April 2015

Historic Ruling Allows Canadian First Nations to Sue for Property Rights

By Kathryn Maureen Ryan
Impunity Watch, Managing Editor

OTTAWA, Canada – The British Colombia Court of Appeals in western Canada has ruled that two Canadian First Nations will be allowed to bring their property rights claims against Rio Tinto Alcan, a major Canadian mining corporation, to trial. The Saik’uz and Stellat’en First Nations are suing the company for nuisance and breach of riparian water rights with respect to the Kenney Dam and Alcan Reservoir. A lower court threw the case out of court, denying the First Nations their right to have their day in court, however the Court of Appeals decision will allow the case to move forward.

A view of the The Nechako, located in First Nation’s traditional territory, suffered ecological damaged when the Kenney dam was built to power the Rio Tinto Corporation’s smelter in Kitimat (Photo courtesy of the Canadian Broadcasting Corporation)

The Saik’uz and Stellat’en First Nations are located downstream of the company’s Kenney hydroelectric dam and reservoir. The First Nations’ case claims that the Alcan Corporation’s operations of its dam and reservoir, including the diversion of water from the Nechako River which has been occurring since the 1950’s, are causing significant impacts to the Nechako River which damages the aboriginal lands of the First nations and destroys the local fisheries and aboriginal rights and title of the two First Nations.

“We are very pleased with the court’s decision,” Saik’uz First Nation Chief Stan Thomas said in a statement. “We intend to pursue our action for an injunction to protect the Nechako River, our fisheries and our way of life.” The Stellat’en First Nation Chief Archie Patrick said the decision recognizes the that First Nations’ aboriginal title exists and that first nations are entitled to the same private law protections as any other individual land owner in Canada. “We are pleased that the Court of Appeal recognized that First Nations’ aboriginal title exists, prior to proof in court or treaties with government,” Chief Patrick said “Our Peoples are determined to continue to seek justice for our rights and the Nechako River.”

The First Nations’ lawyer, Gregory McDade, said the British Colombia Court of Appeal’s decision is significant ruling in aboriginal law; saying, “It recognizes that First Nations have existing legal rights that are subject to protection now, and that third party industrial interests must respect those rights.”

The decision could be a landmark ruling in Canadian Indigenous Law, the case recognizes that First Nation property rights exist, even where the First Nations do not hold title to the land, and acknowledges that claims regarding violations of those rights should be allowed to be heard in court. The case will likely open the door for claims against Canada’s Industrial giants including large forestry and mining corporations, including those profiting from the controversial practice of Oil Sands development which has caused pollution in Canada’s once pristine western rivers and ecosystems.

For more Information please see:

Canadian Broadcasting Corporation – B.C. First Nations Can Sue Over Property Rights, Court Rules – 16 April 2015

The Providence – Appeal Court: No Title? No Problem. Aboriginals Can Sue Over Territorial Claims – 16 April 2015

The Vancouver Observer – Court Rules First Nations Can Sue Over Property Rights – 16 April 2015

The Prince George Citizen – Appeals Court Breathes New Life into Lawsuit against Rio Tinto Alcan – 15 April 2015