Disappearance of Ugandan Opposition Party Members Plague the Nation After Recent Presidential Election

By: Alexandra Casey Douglass

Journal of Global Rights and Organizations, Managing Editor of the Journal

KAMPALA, Uganda – Following Uganda’s Presidential election on January 14, 2021, President Yoweri Museveni was announced as the official victor, earning fifty-eight percent of the vote. Museveni took power by force in 1986 and has since been elected six times. Museveni’s opposition Bobi Wine, leader of the National Unity Platform, has challenged the vote as fraudulent and filed a petition with Uganda’s highest court contesting Museveni’s victory.

Bobi Wine addressing the media in Kampala, Ugananda. Photo Courtesy of VOA News.

On February 15, 2021, Wine released a list of over 300 members of the National Unity Platform who have allegedly been abducted by State agents in Uganda. These individuals disappeared before the January election and majority remain missing. National Unity Party members have also reported illegal detentions during and after the election. President Yoweri Museveni has called the abduction reports false and claims that his forces conducted lawful arrests and only “killed a few” people he described as terrorists during the election. Local Ugandan newspapers are dominated with accounts of armed security personnel in unlicensed vans grabbing victims from the streets.

Wine suggested that Museveni was responsible for the abductions Tweeting, “Like all tyrants, he pushed the narrative that all is well, with hundreds of mothers, fathers and siblings in tears over missing loved ones.” United States Ambassador, Natalie E. Brown, cited “deep and continuing concern about the extrajudicial detention of opposition political party members, the reported disappearance of several opposition supporters and continued restrictions” on the work of the National Unity Party.

The National Unity Party petitioned the U.N. Human Rights Office to address these alleged human rights violations and state-inspired abductions. While Wine was in the U.N. Rights office in Kampala presenting his petition against the abduction of his supporters, members of the Ugandan army attacked and beat four journalists who were waiting outside. One reporter said, “We were standing outside the UN offices waiting for Bobi Wine to come out and address us when policemen and soldiers started beating everyone they came across. They beat me several times as I fled.”

In late February, the United Nations called for an investigation into Wine’s allegations as well as an investigation into the Ugandan military’s use of excessive force against journalists covering Wine. The Ugandan military has since sentenced seven soldiers to 90 days in jail for their actions in that attack. That said, little has been done to address the mass abductions of National Unity Party members leaving hundreds of Ugandan families reeling.

For further information, please see:

ABC News – Uganda’s Bobi Wine arrested while protesting in the capital – 15 Mar. 2021

Anadolu Agency – Uganda: Police clobber 4 journalists, 3 lawmakers – 17 Feb. 2021

New York Times – The West’s Patience With Uganda’s Strongman Wanes After a Bloody Election – 4 Feb. 2021

Reuters – Uganda military sentences soldiers up to three months in jail over journalist assault – 18 Feb. 2021

U.S. News – Allegations of Abductions Grip Uganda After Tense Elections – 15 Feb. 2021

U.S. News – UN Urges Uganda to Probe Reporters’ Beating at Rights Office – 17 Feb. 2021

VOA news – Uganda Opposition Part Petitions UN Human Rights Office Over Violations – 17 Feb. 2021

Universal Jurisdiction: Germany’s Conviction of Syrian Officer for Crimes Against Humanity

By: Lauren Della Stua

Impunity Watch Staff Writer 

KOBLENZ, Germany – On February 24, 2021, in the first case of its kind, a German court sentenced a Syrian intelligence officer to four and a half years imprisonment for aiding crimes against humanity.

Defendant Eyad al-Gharib covering his face during sentencing. Photo Courtesy of New York Times.

Gharib was a former low-ranking member of Syria’s intelligence service, serving under President Bashar Assad’s regime. During an uprising in 2011, Gharib was ordered to arrest protestors and bring them to al-Khatib, a prison in Damascus. Gharib has been accused of detaining over 30 prisoners who were tortured.

While Gharib was eligible for a sentence of more than 10 years, the court considered mitigating factors. His attorney argued “necessity as defense”, in that Gharib feared for his life and his family’s lives if he did not follow orders.

The primary defendant Anwar Raslan, Gharib’s ranking supervisor, has also been charged with overseeing the torture but has not yet been sentenced. He is accused of supervising the torture of over 4,000 people, resulting in at least 58 deaths. 

So, how did the German court become involved?

After leaving Syria in 2013, both defendants sought asylum in Germany in 2019. Raslan approached German Police claiming that the Syrian Secret Service was after him. Following an investigation of his claims, the German Police discovered he was accused of torture. A Syrian refugee also came forward after recognizing Raslan on the street. Gharib was originally a witness in the case against Raslan but became a suspect in torture accusations.

Germany is not only home to over 800,000 Syrian refugees, but also has adopted a policy of universal jurisdiction. The policy allows the German courts to prosecute crimes against humanity that occurred anywhere in the world, regardless of whether the plaintiffs or defendants are German citizens.

But there are international implications that have arisen out of the universal jurisdiction policy, including this landmark case decision. Russia and China have blocked attempts by the United Nations Security Council to prosecute Syrian war crimes in the International Criminal Court. Mohammad Al-Abdallah, the director of the Syria Justice and Accountability Center, claimed that the decision will “deter anyone else from defecting or joining the opposition or supplying information to human rights groups.”

Conversely, many believe that the ruling of aiding crimes against humanity will set an international precedent and facilitate more convictions of crimes against humanity.

For further information, please see:

Associated Press News – Conviction in Landmark Case over Syrian Government Torture – 24 Feb. 2021

Deutsche Welle – Defense calls for acquittal of Syrian on trial for torture – 24 Feb. 2021

NPR – Landmark Verdict in Germany Sentences Syrian Official for Crime Against Humanity – 24 Feb. 2021

The New York Times – An Old Legal Doctrine that puts War Criminals in Reach of Justice – 28 Feb. 2021

IACHR Condemns Argentina for Investigation of the 1994 Terrorist Attack

By: Lauren Della Stua 

Impunity Watch Staff Writer

WASHINGTON, D.C – Nearly 27 years after the terrorist attack at the Argentine Israeli Mutual Association (AMIA), the Inter-American Commission on Human Rights (IACHR) places responsibility on Argentina.

Rescue workers search the rubble of the 1994 Bombing. Photo Courtesy of CNN News.

On July 18, 1994, Iranian backed Hezballah terrorists bombed the AMIA, killing 85 people and injuring over 300 people. The attack was followed by numerous warnings, as well as the 1992 suicide bombers attack on the Israeli Embassy in Argentina.  Despite the attack taking place in Argentina, the bombing has been associated with accusations of Argentinian cover-ups. In 2004, suspects of the cover-up were found not guilty.  Shortly after the federal judge overseeing the case, Juan Jose Galeano was removed from his position for his grave mishandling of the case.

In 2006, a new prosecutor, Alberto Nisman, was appointed to investigate the bombing and accused members of the Iranian Government and Hezbollah. Nisman also formally accused Christina Fernandez de Kirchner, former President of Argentina, of covering up Iran’s involvement in the attack. In 2015, hours before Nisman was going to testify against the President, he was murdered. Despite the lead prosecutor’s untimely murder, Kirchner is facing trial for treason based on her involvement in the cover-up.

In February 2019, the federal judge, Galeano, 2 prosecutors, a police commissioner, and several intelligence agency members were found guilty of covering up evidence and paying off witnesses in order to delay the case.

IACHR decided to investigate the alleged cover-up and divided its investigation into three parts: (1) Argentina’s investigation under the Federal Criminal and Correctional Court No. 9 from 1994-2005, (2) AMIA Attack Investigation Prosecution Unit (UFI AMIA) from 2005 to present, and (3) judicial cover-ups.

On March 25, 2021, following their investigation, the IACHR issued a Report on the Merits discussing Argentina’s responsibility and possible reparations. As to responsibility, IACHR noted that Argentina had a responsibility to adopt safety measures after they had knowledge of such a real threat. Furthermore, Argentina, although not necessarily willfully, declined to take protective measures of the Jewish community, and therefore violated of the right to equality and non-discrimination.

As to the Federal Criminal Court, IACHR concluded that the mishandling of evidence, forced hypothesis, and irregularities culminated to a cover-up. The second investigation, led by Nisman, uncovered more flaws of the Federal Criminal Court. For example, undue delays, improper handling of evidence, lack of expert testimony, and uncorroborated evidence. Furthermore, the State violated the right of the families to access information pertinent to the case by claiming it is classified. Lastly, the IACHR also found the State violated the right to psychological and moral integrity of the victims’ families by delaying and covering up the investigation.

The Merit Report gave 6 recommendations for the State. The recommendations included completing the investigation and punishing those responsible, paying reparations to the victim’s and their families, creating policies to manage the budget of the intelligence agencies, creating educational programs related to fighting terrorism, granting access to all information related to the case and investigation, and creating measures to prevent future attacks based on discrimination. 

To this day, the terrorist attacks have not been fully investigated nor have the accused all been brought to justice. However, the Merit Report will hopefully shed light on the corruption and prevent future attacks on the minority communities.

For further information, please see:

ABC News – 8 found guilty in cover-up of deadly 1994 bombing of Jewish center in Argentina – 28 Feb. 2019

AJC Global Voice – 25 Years since the AMIA Bombing: Hezbollah and Antisemitism – 17 July 2019

BBC News – Argentina prosecutor Alberto Nisman was killed, judge rules – 27 Dec. 2017

BBC News – Argentina Marks 1994 Bomb Attack – 18 July 2006

CNN News – Prosecutor in 1994 Buenos Aires Bombing Found Dead – 27 Dec. 2017

Inter-American Commission on Human Rights – IACHR refers case on Argentina to the Inter-American Court – 26 Mar. 2021

ECHR Demands the Release of Opposition Leader Navalny from Russian Prison Over Concern for his Life

By: Hannah Gavin

Impunity Watch Staff Writer

STRASBOURG, France – In February, the European Court of Human Rights (ECRH) stood in clear opposition against Russian leader Vladimir Putin by issuing a written statement calling for the release of opposition leader Alexei Navalny.

Woman examines poster depicting opposition leader Navalny in Rome. Photo Courtesy of the Washington Post.

Navalny has created a firestorm of opposition in recent months against Vladimir Putin and his regime. However, Navalny’s calls have been silenced as he sits in a Russian Prison. The ECHR stated in their press release that Navalny’s arrest was necessary for his own safety. The Court cited a recent attack on his life as the main catalyst for their opinion.

Navalny was arrested in mid-January on a return flight from Germany to Moscow. His flight to Russia was following his absence in the country for months following an extended hospital stay in Berlin. In late August of 2020, Navalny had been traveling on a flight from Siberia to Moscow when he suddenly fell into a coma. He was eventually taken to a hospital in Berlin where a Soviet-era nerve agent was found to have poisoned him. Although Putin has denied Navalny’s accusations that he was behind the poisoning, much of the World assumes Putin was involved. A week prior to his arrest, the Russian Prison Service issued a warrant for Navalny’s arrest stating that he violated the terms of a 2014 suspended sentence for embezzlement. This charge was already ruled on by the ECRH in 2017 and found to be unreasonable. Although the warrant was issued, Navalny believed his arrest would be “impossible” upon his arrival to Moscow and chose to fly back regardless. Since his arrest, Navalny has now also been charged with insulting a WWII veteran. Another move that many believe is meant to silence his opposition. 

In a nation long shut off from the progressing World in many respects, Navalny offered promises of globalism. His goal for Russia was simple, in theory. He wanted a European Russia. A nation connected with the whole of the continent and one that participated in free and fair commerce, communication, and travel. Navalny pushed against the Putin regime which has continued to rule without the true will of the people. For a younger generation of Russians and many of their elder cohorts, Navalny signaled change. However, despite his poisoning and arrest, Navalny continues to inspire. After his poisoning, last year and continuing to today, widespread and often violent protests have ignited across Russia. Navalny’s return to Russia amidst imminent threat only bolsters his supporters. Such an extreme show of bravery and care of Russia reminds the people that what they are fighting for is worth it.

However, regardless of how the ECRH or the globe has responded to Navalny’s arrest, Russia has a different tale. Top Russian officials described the ECRH release as unlawful and claimed it was the Western World attempting to meddle in a domestic issue. Russia’s Justice Minister said that the opinion was not based on even a single fact. He claimed there was no reason to release Navalny under Russian law. He further went on to say that the Court’s issue is impossible to fulfill and was a political move that only exacerbates an already strained relationship.

The implications for Russia’s arrest of Navalny extend beyond the obvious threat he posed to Putin’s grip on unwavering power. Navalny became the figurehead of a movement in Russia, the force of which has not been seen in decades. Navalny’s principals stood in stark opposition to those and gave millions in Russia a sense of hope for the future. With Russia facing potential expulsion from the European Council and sanctions by many Western nations, this may be a turning point for the country. Although Russia is notoriously secretive, the World will wait with bated breath to see if the ECHR ruling will hold any ground. Until then, Russian citizens supporting Navalny will continue to organize and fight for the nation at the center of it all.

For further information, please see:

AP News – Russia Rejects European Rights Court’s Order to Free Navalny – 17 Feb. 2021                     

DW News – ‘Release’ Alexei Navalny, European Court of Human Rights tells Russia – 17 Feb. 2021

DW News – Alexei Navalny: Prosecutors Urge Fine in Slander Case – 16 Feb. 2021

European Court of Human Rights – The Court Grants an Interim Measure in Favour of Aleskey Navalnyy and Asks the Government of Russia to Release him – 17 Feb. 2021

Politico – Kremlin Critic Navalny Arrested After Landing in Moscow – 17 Jan. 2021

Reuters – Russia Dismisses European Court of Human Rights’ Call to Free Navalny – 17 Feb. 2021

Former President of Peru on Trial for Forced Sterilization Program in the 1990s

By: Shane Kelly

Impunity Watch Staff Writer

LIMA, Peru – Earlier this month, hearings resumed against former president Alberto Fujimori for the hundreds of thousands of women forcibly sterilized under his tenure in the 1990s.

Former President Alberto Fujimori at his hearing. Photo Courtesy of The Associated Press.

The judicial process began last Monday against Alberto Fujimori, the former president of Peru. The trial focused on his participation in the Peruvian government’s role in the sterilization of over 270,000 indigenous women without consent in the 1990s. Those women brought this case against Fujimori, not only for the blatant offenses against female autonomy but also for the long-lasting effects from infections.

The prosecutor in the case brings charges specifically on behalf of the families of five dead women, and 1,301 others who allege being sterilized against their will. Currently, the 82-year-old Fujimori is serving a 25-year prison sentence for various murder charges of his own citizens by his military.

Peruvian women—victimized by Fujimori with his sterilization policies in the 1990s—are now demanding justice. They allege these sterilizations were part of Fujimori’s “family planning” policy—a euphemism for what he considered a solution to overpopulation he referred to as the “Indian problem.”

In one particular situation, Mrs. Magna Morales was denied the right to sue the government because of her agreement to the procedure, having been incentivized with gifts of food and clothing. In this instance, Mrs. Morales died of complications from the surgery.

Fujimori’s defense is that, because when he was extradited from Chile in 2007 sterilization charges were not included, he should not be judged on those crimes now. He later boasted his program as reducing the birth rate of Peru in comparison to China’s one-child policy.

The case was reopened in 2011 when the Inter-American Commission on Human Rights pressured Peru to investigate. In 2014, more than 2,000 cases were closed for insufficient evidence. The indigenous women persisted, pushing for the current trial and maintaining an online database called “Quipu” to track those subjected to this forced sterilization policy.

Hearings resumed this month, giving hope to thousands of women that they will receive some semblance of justice.

For further information, please see:

ABCNews – In Peru, Sterilization Case Against Fujimori Goes to Court – 1 Mar. 2021

New York Times – Using Gifts as Bait, Peru Sterilizes Poor Women – 15 Feb. 1998

Yahoo! – Forcibly Sterilized During Fujimori Dictatorship, Thousands of Peruvian Women Demand Justice – 3 Mar. 2021