Former Guatemalan Dictator’s Genocide Trial To Resume January 2015
By Lyndsey Kelly
Impunity Watch Reporter, North America
GUATEMALA CITY, Guatemala – The retrial of former Guatemalan dictator Efrain Rios Montt on charges of genocide and crimes against humanity was recently delayed after two of the three judges on the panel accepted the defense’s motion that Judge Jeannette Valdez should recuse herself from the case. The defense alleged that Judge Valdez is an unbiased fact finder due to her graduate school study on genocide. Judge Valdez had previously turned down the motion to recuse herself calling it “a strategy to obstruct.”
Rios Montt is being tried for ordering military operations that led to the torture, rape and murder of 1,771 Ixil Mayans between 1982 and 1983 as part of Guatemala’s Civil War. Rios Montt was already convicted on these charges in 2013 and sentenced to 80 years in prison, but 10 days after the conviction his sentence was overturned on procedural grounds. The constitutional court argued that Rios Montt had been denied due process. The five-judge panel stated that Rios Montt had been left without an attorney on 19 April when his lawyer was expelled from the courtroom after accusing the presiding judge of bias against him. The panel ruled that the statements delivered in court before 19 April would stand but closing arguments would have to be given again, and ordered the trial to restart from that point.
Rios Montt’s trial was the first time a former head of state has been prosecuted for genocide in a national court, and the UN has praised Guatemala for its efforts. However, the retrial along with the recent postponement has caused issues for the prosecution in getting a successful conviction. This is largely due to the fact that several witnesses that were available to testify at the previous trial have since passed away. However, General Mauricio Rodriguez, Rios Montt’s former chief of intelligence has commented on the postponement, stating, “I am ready for the new trial. I want to end this humiliation already.”
A court official has said that the trial will resume in January 2015.
For more information, please see the following:
ABC NEWS – Guatemala Ex-Dictator Rios Montt’s Retrial Suspended – 5 Jan 2015.
BBC – Guatemala Rios Montt Genoice Trial To Resume in 2015 – 6 November 2013.
THE GUARDIAN – Postponement of Former Guatemalan Dictator’s Genocide Retrial Causes Dismay – 5 Jan. 2015.
JURIST – Guatemala Court Postpones Ex-Dictator’s Genocide Trial – 6 Jan. 2015.
Fighting Sparks Again in Eastern Ukraine
By Kyle Herda
Impunity Watch Reporter, Europe
KIEV, Ukraine – After a lull in fighting and what finally appeared to be legitimate honoring of the Minsk truce over the past month, fighting has resumed around Donetsk airport. Ukrainian troops claim to have recaptured most of the territory they lost to rebels in the airport.
A passenger bus was attacked, allegedly by pro-Russian rebels, which resulted in the deaths of 13 civilians. Several thousand have gathered in Kiev for a peace march in response to the attack on civilians, prompting Ukrainian President Poroshenko to restate that “We will not give away one scrap of Ukrainian land… a very important aspect of our victory is our unity.” Further, two brothers, aged 7 and 16, were killed when a shell struck their home near Donetsk. The brothers’ 8-year-old sister was also injured in the attack that also allegedly came from pro-Russian rebels.
Pro-Russian rebel leader Zakharchenko blamed Kiev for the shelling death of the two brothers, claiming Kiev is “trying to unleash war again.” Those living in rebel-held territory report that shelling has been increasing, especially over the past 24 hours. Pro-Russians and Russia have both denied any Russian influence, either via direct troop involvement or funding weapons, but Kiev claims more proof of Russian involvement. Kiev claims that there has been increased Russian action just across the border and even funneling across into Eastern Ukraine, including moving and stocking of: “TOS-1 flamethrowers, C300 missile systems, and Smerch and Hurricane rocket launchers.”
An elderly man in Lugansk is also blamed for an attack on Ukrainian soldiers at a checkpoint. The man approached and handed soldiers a pot of honey while thanking the soldiers for their service. Later the soldiers tried to taste the honey and an explosive within the jar exploded, killing one and seriously wounding three others. All-in-all there have been over 4,800 people killed by fighting in Ukraine since last April.
For more information, please see:
Reuters – Ukrainian troops retake most of Donetsk airport from rebels – 18 January 2015
Al Jazeera – Battle over Ukrainian airport intensifies – 18 January 2015
ABC (Australia) – Ukraine crisis: Booby-trapped honey jar explodes, killing Ukrainian soldier as fighting continues – 17 January 2015
ABC (US) – Ukraine Peace Talks Fall Apart Amid Renewed Fighting – 16 January 2015
Indonesian Security Forces Continue to Face Accusations of Human Rights Violations in West Papua
By Max Bartels
Impunity Watch Reporter, Oceania
Manokwari, West Papua — West Papua has been occupied by Indonesia since the 1960s, the province is rich in natural resources including one of the world’s largest goldmines. The Indonesian annexation and occupation of the province has been heavily criticized by the international community. There are many resistance groups within the province that advocate for West Papuan independence, the advocating for independence has been strictly outlawed by the occupying Indonesian forces and in the process of stamping out resistance there have been many tragic incidents.
In December 2014 Human Rights Watch reported that Indonesian security forces fired live rounds into a crowd of protesters, killing four teenagers aged 17-18 years old. There is conflicting reports from the Indonesia military and police who claim that the teens were killed when several hundred protesters attack police posts and it is still unclear who fired the shots. Human Rights Watch claims that the Indonesian government keeps a very tight grip on the flow of information in West Papua and foreign reporting is heavily regulated.
More recently two Indonesian police officers were killed during fighting with West Papuan activists. In response Indonesian forces have conducted mass raids and arrests of West Papuan civilians. Indonesian forces conducted a raid of a small village and found separatist banners in one home. According to a spokesman for the Papuan United Liberation Front, 100 people were arrested including women and children and dozens of homes were burned down. The Indonesian government claims that only 13 people were arrested and also claims that the 13 were part of a group led by a man who is responsible for killing the two police officers. Indonesia has been criticized for the heavy response to the deaths of the two officers after there was no response to the deaths of four Papuan teenagers a month earlier, who were killed when police and military fired live ammunition into a crowd of protesters.
There has recently been a change of leadership in Indonesian government; President Joko Widodo has claimed that he is going to give the people of West Papua the opportunity to be heard by the Indonesian government. The President has made strong claims that he is going to change the approach that Indonesian police and military have taken in the province and replace it with a more caring and responsive approach. To prove his resolve to make a change he has vowed to launch a full investigation into the deaths of the teenagers killed in the protest in combination with human rights agencies.
For more information, please see:
Pacific Scoop — West Papua Year in Review — 13 January 2015
The Guardian — Indonesia Targeting West Papuans with Mass Arrests and Home Burning — 13 January 2015
Aljazeera — Fresh Unrest Rocks Indonesia’s Papua Province — 9 December 2014
Brazil ‘Outraged’ After Drug Smuggler Executed in Indonesia
By Delisa Morris
Impunity Watch Reporter, South America
BRASÍLIA, Brazil– Shortly after midnight on Sunday in Indonesia a Brazilian drug smuggler was executed by firing squad. The execution was performed against the pleas of Brazilian President Dilma Rousseff, and human rights group Amnesty International.
Marco Archer Cardoso Moreira , 53, was arrested in Indonesia in 2003, after police at Jakarta airport found 13.4 kg of cocaine hidden in his hang glider.
Moreira was the first Brazilian national to be executed abroad. The nation warned that the execution would damage relations between the two countries.
Five other convicts from Indonesia, Malawi, Nigeria, Vietnam and the Netherlands, were executed on Sunday. Each one convicted on drug charges.
The prisoners faced a firing squad in Central Java province: five were executed on the island of Nusa Kambangan and the other one, a Vietnamese woman, was executed in the small central Javanese town of Boyolali.
In a statement President Rousseff said that she was “outraged and dismayed”. “Relations between the two countries have been affected” continued President Rousseff.
“The Brazilian ambassador to Jakarta has been recalled for consultations,” she added.
Brazil is not the only country outraged by Indonesia’s actions, The Netherlands has taken action of its own and also recalled its ambassador. Foreign Minister Bert Koenders called the execution of Dutch citizen Ang Kiem Soe, 52, “an unacceptable denial of human dignity and integrity”.
Indonesia is tough on criminals convicted of drug crimes, with some of the world’s toughest drug laws. The country resumed executions in 2013 after an unofficial four-year moratorium.
The country’s Attorney General Muhammad Prasetyo said “hopefully, this will have a deterrent effect”.
Indonesian President Joko Widodo has previously stated that he will show no mercy to drug criminals, because they have ruined the lives of so many others.
President Widodo rejected a plea for clemency from President Rousseff on Friday. President Rousseff told President Widodo that she respected the sovereignty and judicial system of his country but as a mother and head of state she was making the appeal for humanitarian reasons.
Apparently, President Widodo stated that he understood the Brazilian president’s concern but said he could not commute the sentence as the full legal process had been followed.
Moreira said in a video recorded by a friend that he regretted trying to smuggle cocaine into Indonesia.
“I am aware that I committed a serious offence, but I believe I deserve another chance. Everyone makes mistakes.”
Brazil abolished the death penalty in times of peace in 1889.
For more information, please see:
the guardian – Brazil and Netherlands recall Indonesia ambassadors over drug executions – 18 Jan. 2015
BBC News – Brazil ‘outraged’ by Indonesia drug trafficking execution – 17 Jan. 2015
The Wall Street Journal – Brazil Says Indonesia Rejected Clemency for Brazilian Drug Smuggler – 16 Jan. 2015
Bloomberg – Indonesian Execution of Brazilian Triggers Ambassador Recall – 17 Jan. 2015