San Salvador Archbishop Closes Human Rights and Legal Aid Office

By Ellis Cortez
Impunity Watch Reporter, South America

SAN SALVADOR, El Salvador – The Roman Catholic Church in El Salvador has abruptly closed its important human rights and legal aid office, which for years denounced and investigated the most egregious massacre cases of the 1980’s civil war.

Salvadoran President Mauricio Funes, responding to the closure of the Tutela Legal office in San Salvador, said he was “worried about the bad signal this sends.”
Salvadoran President Mauricio Funes, responding to the closure of the Tutela Legal office in San Salvador. (Photo Courtesy of Roberto Escobar / European Pressphoto Agency)

The closure triggered national and international condemnation from faith, human rights and solidarity groups. They called for the preservation of Tutela Legal’s extensive archive, which contains evidence for unresolved criminal cases.

On September 30, employees showed up for work at the Tutela Legal office and found the locks changed on the doors and armed guards at the door. They were allowed 10 minutes to clear their desks. Attorneys who have worked with survivors and victims’ families for decades now have no access to evidence in the cases.

The current Archbishop, José Luis Escobar Alas, had closed Tutela Legal and issued a statement saying its work was “no longer relevant.” Employees said they were told that, with the war long over, the office was no longer necessary.

“We had no idea this was going to happen,” Tutela’s director, Ovidio Mauricio Gonzalez, said. “It is a strange coincidence. Just as they are talking about the amnesty, they close Tutela Legal, they close access to the archive, and abandon it to its fate,” he said.

The timing of the closure has caused widespread suspicion. The closure of Tutela Legal comes in the wake of a Supreme Court decision to consider vacating an “Amnesty Law” that has long protected perpetrators of war crimes.

The amnesty law, passed in 1993 by the military-allied Nationalist Republican Alliance government, protected numerous government officials, military officers and guerrilla leaders from prosecution for acts committed during the civil war that took place between 1980 and 1992, in which approximately 80,000 people died.

The court’s decisions renewed hope of the amnesty law being repealed and the possibility of reopening several prominent human rights cases that were investigated and documented by Tutela Legal. 

Late last year, the Inter-American Court of Human Rights ruled that the law cannot be used to protect those who ordered and carried out the single largest massacre in the war: the 1981 El Mozote massacre in which at least 800 peasants, including children, were killed by the army.

“I am worried about the bad signal this sends,” President Mauricio Funes said in a news conference, adding he did not know the reasons behind the closing. “The Catholic Church, and especially the archbishop of San Salvador, are not determined to accompany the just causes of the people,” Funes added.

Archbishop Oscar Arnulfo Romero founded the Human Rights Office, originally known as Socorro Juridico (Legal Relief) in 1977, in order to document human rights violations from across the country. In addition to counselling the poor and oppressed, it was one of the only places people could go to report state-sponsored crimes. Every Sunday until his assassination in March 1980, Romero would broadcast a homily from the grand cathedral in San Salvador which included the latest denunciations.

Since then, Tutela Legal has documented more than 50,000 cases of human rights abuses. It holds the most comprehensive archive of El Salvador’s bloody history and its lawyers continue to represent survivors of notorious massacres including El Mozote and Rio Sumpul.

In the past two decades Tutela Legal’s work has proven crucial in cases brought against senior military figures living in the United States.Tutela Legal was also active in new cases, such as the 2007 Red car battery factory lead-poisoning case, and ran education programs and human rights training across El Salvador. Tutela’s work has recently included studies of gang violence, abuses tied to the expanded role of the military in policing, and important legal work for the poor.

Members of the Tutela Legal staff have been examining alternatives. There were suggestions that the office reopen as an independent human rights organization, without the auspices of the church.

For more information please see:

Al Jazeera – El Salvador shutters historic rights clinic – 12 October 2013

National Catholic Reporter – Salvadoran archbishop closes legal aid office – 4 October 2013

Los Angeles Times – Catholic Church in El Salvador shuts down rights and legal office – 2 October 2013

Center for Democracy in the Americas – San Salvador Archbishop shuts down historic human rights office, Tutela Legal – 2 October 2013

Orphanage Worker Charged With Poisoning Children

By: Danielle L. Gwozdz
Impunity Watch News Reporter, Africa

PRETORIA, South Africa – An orphanage worker in South Africa has been charged after 20 young children were rushed to hospital with symptoms of poisoning, police say.

Children playing soccer in South Africa (photo courtesy of AFP)

The children are mostly Aids orphans living in the Malerato Centre for Hope in Mamelodi township outside Pretoria.

Children at the Centre complained of stomach ache shortly after lunch on Thursday, according to police spokesman Tsekiso Mofokeng.

“Twenty kids were admitted,” he said.

“A woman 35 years of age was arrested on suspicion of poisoning and charged with assault with the intent of causing grievous bodily harm,” he told AFP.

The children are reported to have consumed the poison in powder form with their lunch. After they complained of stomach pain, they started crying and vomiting.

Two of the children were in a critical condition with one being airlifted to Johannesburg hospital and the other rushed to Steve Biko hospital in Pretoria.

Eighteen others were rushed to various hospitals. Eight of the children have since been discharged from the hospital.

The Centre houses 42 abandoned children, as well as orphans, whose parents died from AIDS, according to South Africa’s Sunday Times.

The orphanage’s principal, Johanna Mashapa, told local media the children had been given powder.

“We were so worried. They were vomiting and crying. They had runny stomachs and were so sick,” she told South Africa’s Sunday Times.

Government inspectors were sent to the orphanage to investigate.

Staff at Malerato Centre for Hope orphanage was taken for forensic testing.

For more information, please visit:

BBC News – South Africa orphanage worker charged in poisoning – 10 November 2013
The China Post – Suspected poisoning at an orphanage hospitalizes 20 – 10 November 2013
Yahoo! News – S. Africa Orphanage worker held after suspected poisoning – 10 November 2013
msn news – Twenty orphans poisoned in Sth Africa – 10 November 2013
sabc – Woman to appear in court for child poisoning – 10 November 2013
france 24 – Orphanage worker held after suspected poisoning in S. Africa – 10 November 2013

United Nations Urges Qatar Labor Reform

By Darrin Simmons
Impunity Watch Reporter, Middle East

DOHA, Qatar-Pressure is being raised by the United Nations against Qatar, the 2022 World Cup host, to end labor abuse.  Qatar has implemented a sponsorship system for migrant workers that is at the root of the abuse.

Migrant workers doing construction in preparation for 2022 FIFA World Cup (photo courtesy of Aljazeera)

“This marks a stain on Qatar’s reputation and is something that can be improved right away,” said Francois Crepeau, a U.N. Special Rapporteur on the human rights of migrants.   Crepeau reported that living conditions of foreign workers tended to be poor, referencing them to “slums.”

With the World Cup quickly approaching, Qatar has been scrambling to complete major construction and infrastructure projects, increasing the number of its estimated 1.8 million foreigners (88 percent of Qatar’s population) working on projects for the event.

The system that Qatar has implemented prohibits employees from changing jobs or leaving the country without permission from their sponsors, who are frequently labor supply companies or wealth Qatar individuals who provide workers to personal profit businesses.

“A majority of the employee sponsors confiscate their passports for the duration of their contract, placing most of the workers in the construction and domestic work sectors.  Qatari Labor Ministry officials were not immediately available for comment.

“This system that is used to regulate the relationship between employers and migrant workers, with a work permit linked to a single employer, is problematic and a source of abuse against migrants,” said Crepeau.

Crepeau visited Qatar, meeting with government officials, migrant workers, academics, and Qatar’s National Human Rights committee.  He was able to visit every location that he wished to see and sat down to discuss drafting laws for domestic workers and a blacklist of companies who abuse migrant workers.

Crepeau also certified the establishment of a minium wage, a more developed labor inspection system, and the kafala system, the system that binds workers to a single employer and forbids the to change jobs or acquire an exit visa.

Living conditions were criticized by Crepeau,  “The dwellings I have visited do not conform to Qatari legislation.  I saw bunk beds, which are prohibited.  I saw overcrowding.  I saw very shoddy construction of these camps.  One place in particular had no kitchens…the latrines are, let’s say, minimal.  Access to water was problematic at times.”

In September, dozens of Nepali workers died during the summer in Qatar as laborers were not given enough food and water.  However, Nepal recalled its ambassador from Qatar this past Thursday after she claimed that Qatar was an “open jail” for Nepalis who suffer labor abuses.

For more information, please see the following: 

Aljazeera-UN official urges Qatar labour reforms-10 November 2013

Gulf News-UN urges Qatar to improve migrant labour conditions-10 November 2013

Reuters-U.N. expert on labour abuse urges Qatar to end sponsorship system-10 November 2013

Guardian-Qatar under pressure over migrant labour abuse-26 September 2013

Nazi Rally on Anniversary of the Night of Broken Glass Not Successful in United States City

By Ben Kopp
Impunity Watch Reporter, Europe

WASHINGTON, DC, United States – Neo-Nazis protested against immigration reform in the United States. In response, several organizations and city officials staged counter-demonstrations.

Nazis planned their rally for the 75th anniversary of the Night of Broken Glass, which devastated Jewish communities throughout Germany in 1938. (Photo courtesy of ABC News)

On 9 November 1938, non-Jewish persons throughout Germany plundered and destroyed Jewish homes, synagogues, schools, and businesses. An estimated 1500 people died as a result of the attacks, which began around Hesse, making it one of the deadliest and most violent programs during the Nazi reign.

On 9 November 2013, the 75th anniversary of what is now called “Kristallnacht” or the “Night of Broken Glass,” the National Socialist Movement (NSM) staged a rally at 3:00 p.m. at the Jackson County Courthouse in Kansas City, Missouri to protest against immigration reform. NSM is a white supremacist party that claims to be “the political party for every white American.”

A leaflet for the event stated: “If you are working for a slaves wage, making barely enough to feed your family, and are tired of seeing the corruption that is crippling our land, the time to get active in this fight is now.”

NSM claimed that politicians who advocate amnesty for “illegal aliens” are allowing the “nation to drown in a free fall of economic collapse.”

Kansas City police screened all persons entering the protest for firearms, padlocks, chains, backpacks, and baby strollers, which were strictly prohibited. Police stated that the security measures ensured “a peaceful expression of ideas” and helped avoid any violent incidents.

The ACLU objected to the restrictions, saying protesters on both sides needed pickets to hold up their signs.

About three dozen neo-Nazis attended, marched down the sidewalk, and preached their views in the shadow of an Andrew Jackson statute.

Across from the NSM rally, hundreds of opponents held signs and shouted from behind barricades and police tape. One sign, with a picture of Southern cook Paula Deen demanded, “White Flour! And more butter.” Pro-diversity protesters outnumbered the Nazis approximately nine-to-one.

Pro-diversity protester Ryan Jones said, “Humor dispels hate. Making a mockery of it makes the whole thing hard to take seriously.”

Before the protest, NSM claimed that other white supremacist groups would join them, including the White Christian Group of Aryan Nations, the Sadistic Souls Motorcycle Club, and the Traditionalist American Knights, a Klu Klux Klan affiliate.

In response to the protest, several civil, human rights, and anti-racism organizations planned counter-rallies for the same time.

The Latino Coalition of Kansas City (LCKC) called for members to peacefully “stand up against the Nazis.”

At the Liberty Memorial, Kansas City officials and organizations staged a rally to support immigration reform. Kansas City Mayor Sly James said that immigration reform will happen only if people push their representatives and use voting as a voice.

The Ida B Wells Coalition against Racism and Police Brutality of Kansas City called local hotels to confirm that they were “not harboring Nazis.”

While the city made clear that it did not agree with NSM’s message, the city demonstrated that freedom of speech means the diversity of people and ideas.

For further information, please see:

ABC News – Neo-Nazis Stage Rally on Kristallnacht Anniversary in Kansas City – November 9, 2013

Kansas City Star – Freedom of Speech Reigns in Rally Faceoff – November 9, 2013

KCTV 5 News – ACLU Has Concerns over Restrictions at Neo-Nazi Rally – November 9, 2013

Kansas City Business Journal – Kansas City Council Roundup: Nazis Not Welcome – November 1, 2013

Russian Investigative Committee Has Formally Exonerated Olga Stepanova, the Tax Official Who Approved the Fraudulent $230 Million Refund Uncovered by Sergei Magnitsky

PRESS RELEASE
For Immediate Distribution

8 November 2013 – The Russian Investigative Committee has informed U.S.
lawyer Jamison Firestone, Sergei Magnitsky’s former law partner, that it
found no grounds to prosecute Olga Stepanova, the former head of Moscow Tax
Office No 28, and the person who approved the majority of the $230 million
illegal tax refund uncovered by the late Sergei Magnitsky. The Russian
Investigative Committee has exonerated all other tax officials involved in
approving the fraudulent tax refunds which cost Sergei Magnitsky his life
for exposing.

“No evidence was obtained which is sufficient to charge O.G. Stepanova or
other persons under Articles 286 or 285 of the Russian Criminal Code
[overstepping authority or abuse of authority],” the Investigative
Committee reported in their letter.

The Investigative Committee also said that it failed to question a number
of witnesses.

“The investigative actions that are possible without an accused, have been
completed except for a series of questioning of witnesses whose whereabouts
have not been established,” said the Investigative Committee in its letter.

Earlier, the Russian authorities informed Jamison Firestone that they were
not able to question two of Ms Stepanova’s deputies, Ms Olga Tsareva and Ms
Elena Anisimova, because they had left the country. These were the same
people who purchased luxury apartments in Dubai, along with Ms Stepanova’s
ex husband Vladlen Stepanov, shortly after the approval of the illegal $230
million refund in December 2007.

Jamison Firestone filed a complaint seeking a criminal investigation to be
opened into the tax officials, including head of Moscow Tax Office No 28
Olga Stepanova, on 15 April 2011, two years and a half ago. In his
complaint, Mr Firestone cited evidence of their role in the approval of the
fraudulent $230 million refund, and the use of illicit proceeds for foreign
real estate purchases. During this time, the Investigative Committee has
refused to conduct a proper investigation, and now informed him that they
have effectively exonerated all the tax officials involved. Earlier, the
investigative department of the Russian Interior Ministry informed Jamison
Firestone that they also found no evidence of wrong-doing by the tax
officials. Appeals to the General Prosecutor’s Office seeking to compel a
proper investigation of tax officials in the Magnitsky case have been
refused.

“All branches of the Russian law enforcement with direct supervision from
the Russian General Prosecutor’s Office have exonerated the tax officials
who were clearly involved in one of the largest refund frauds in Russian
history. This can only be explained that the cover up is ordered and
approved at the highest level of the Russian government,” said a Hermitage
Capital representative.

For further information, please see:

Law and Order in Russia