Bangladesh Court Sentences Hundreds to Death for 2009 Mutiny

By Brian Lanciault
Impunity Watch Reporter, Asia

DHAKA, Bangladesh–A special court in Bangladesh sentenced 152 soldiers to death Tuesday for participation in a 2009 military mutiny in which dozens of military officers were massacred. Human rights groups have criticized the mass trial, claiming that the process falls well below the international legal standard.

Handcuffed Bangladesh Rifles (BDR) soldiers arrive at the special court in Dhaka to hear the verdict against them on November 5, 2013. (Photo Courtesy AFP)

At the special court in Dhaka on Tuesday, Judge Mohammad Akhtaruzzaman sentenced an additional 157 people, mostly border guards, to life in prison for their role in the 33-hour mutiny, while another 271 soldiers were acquitted.

“The atrocities were so heinous that even the dead bodies were not given their rights,” Akhtaruzzaman said as he started to read out the verdicts.

Approximately 823 soldiers were alleged to have taken part in the killing of 74 people, who were hacked to death or tortured and burnt alive, then dumped in sewers and shallow graves.

Security was tight at the specially-built court in Dhaka, with police and the elite Rapid Action Battalion (RAB) officers deployed outside, before the verdict’s announcement.

Prosecutors had sought the death penalty for a majority of the 823 soldiers charged with murder, torture, conspiracy and other offences over the mutiny that started at the paramilitary Bangladeshi Rifles (BDR) headquarters in Dhaka.

Nearly 6,000 soldiers have already been jailed by dozens of special courts over similar events that spread from the Dhaka headquarters to other BDR bases around the country.

The 823 soldiers were selected for prosecution in a civilian court after they were found guilty before military courts for their role in the mutiny.

At least twenty-three civilians have been charged with criminal conspiracy.

Baharul Islam, the lead prosecutor, said the case was the largest of its type in the world, with hundreds of witnesses participating in the trial that started in January 2011 and finished in October this year.

“So far as we know it’s the largest case in the world’s history. There were 654 prosecution witnesses,” Islam said before the verdict.

The verdict was delayed last week after the judge said he needed more time to finish writing it.

During the uprising, the mutineers stole an estimated 2,500 weapons and broke into an annual meeting of top BDR officers before opening fire on them at point blank range.

As the mutiny spread, it posed a serious threat to the new government of Prime Minister Sheikh Hasina, who had been elected only one month previously.

The cause of the violence is uncertain but pent-up anger over poor benefits and resentment by soldiers against BDR senior officers has generally been considered as the main factor.

New York-based Human Rights Watch criticized the Bangladesh authorities for the mass trial, saying it would not ensure justice, and suggested that the trial implicated grave violations of the International Covenant on Civil and Political Rights.

The group says the violations include torture and other abuse while in custody in order to extract confessions and statements.

Human Rights Watch reported at least 47 suspects had died in custody while the surviving suspects have had limited access to lawyers, and to knowledge of the charges and evidence against them.

“Trying hundreds of people en masse in one giant courtroom, where the accused have little or no access to lawyers is an affront to international legal standards,” said Brad Adams, Asia director at Human Rights Watch, in a statement on Oct. 29.

Those sentenced to death are set to be hanged to death, though no time frame has been established.  Defense attorneys for several of the convicted have already begun the appeals process.

For more information, please see:

Reuters– Bangladesh court sentences 152 to death for 2009 mutiny — 5 November 2013

Al Jazeera– Bangladesh sentences hundreds to death, life in prison in mutiny verdict — 5 November 2013

CNN– 152 soldiers sentenced to die for mutiny in Bangladesh — 5 November 2013

Gulf News– Bangladesh court sentences 150 former soldiers to death — 5 November 2013

Magnitsky’s Mother and Widow Along with 54 Famous Politicians, Human Rights Activists and Victims Call for European Magnitsky Sanctions at UK Book Launch of Magnitsky Book Tomorrow

PRESS RELEASE
For Immediate Distribution

4 November 2013 – The widow and mother of late whistle-blowing lawyer Sergei Magnitsky along with 54 famous politicians, human rights activists and victims of human rights abuses are calling on politicians to implement Magnitsky Sanctions in Europe.

In the opening word to the new book, “Why Europe Needs a Magnitsky Law?”, Magnitsky’s mother Natalia urges European politicians to show courage, like her son had done despite being tortured in custody, and to enact the Magnitsky sanctions across the European Union, similar to the law adopted last year in the United States:

“My son’s life was short… He chose not to compromise himself and paid for that with his life… I do not believe that the law adopted in the US is anti-Russian, but that it introduces targeted restrictions for certain people failing to respect human rights and that this is fair, even if insufficient, punishment for them. And I hope the countries of the European Union will find the courage to follow the US.”

The Magnitsky sanctions comprise visa bans and asset freezes on individuals responsible for Mr Magnitsky’s ill-treatment and killing, the cover up of his death in custody, and other human rights violations. The sanctions have been imposed in the US under the “Sergei Magnitsky Rule of Law Accountability Act” which were approved with an overwhelming bi-partisan majority in the U.S. Congress and signed by President Barack Obama into law on 14 December 2012.

The book launch in the UK is hosted by British MP Dominic Raab, one of the book’s contributors, and by Fair Trials International, the justice organization for falsely accused, and Article 19, an organization fighting for freedom of expression and information. The book makes an emotive and rational case for why the Magnitsky sanctions must now be implemented in Europe.

 

Robert Buckland, MP, in his contribution to the book speaks of the moral duty to act:

 

“It is our right as a free country to …operate our borders in a way that we see fit. That is why it is now time for visa restrictions, at the very least, to be enacted against the Russian officials in this case…In my eyes, both professionally and personally, we have a moral duty to do what we can…in the absence of such moral leadership by the Russian government, we must send a clear message to those implicated in this scandal that it will not go unnoticed.”

 

Dominic Raab, MP, who initiated the Magnitsky motion in the British Parliament’s Backbench Committee, says it is in the UK’s interests to protect its borders and its financial system from Russian crime:

 

 “We should try and protect ourselves from the spillover effect of these [Russian] crimes, and the idea of having visa bans and asset freezes is, in a sense, quite modest. We’re not saying that we can arrest people for committing these appalling crimes in Russia, just that they can’t travel to UK or invest their money here.”

 

Magnitsky’s widow, Natalia, writes in the conclusion to the book of her family horror that lasts to this day, four years after the killing of her husband:

 

“I still remember with horror that terrible day, which divided our lives into “before” and “after”, and I still keep thinking back to the tragedy that we experienced and continue to experience today…I still find it hard to believe that this happened to my husband, that this happened to our family, and this even happened in our time, in the 21st century.”

 

The new 299-page book was the brainchild of a Russian-French journalist Elena Servettaz. It is a powerful collection of 54 essays by European, U.S. and Canadian lawmakers, Russian human rights and civil society activists and victims of human rights abuse. The relatives of high-profile victims of human rights abuse in Russia speak in the book, including the daughter of Anna Politkovsksaya, the Russian journalist killed in 2006 in her apartment building after exposing human rights abuses in Chechnya, the father of Nadezhda Tolokonnikova, a singer of Pussy Riot punk group, sentenced in 2012 to two years in penal colony following a several-seconds long anti-Putin protest in a Russian church, and Marina Litvinenko, the widow of Alexander Litvinenko poisoned in London with radioactive polonium in 2006.

 

Vera Politkovskaya, daughter of Anna Politkovskaya, said:

 

“This [the Magnitsky sanctions] is the only way to fight these people [Russian officials “feeding off” the regime] and the defencelesssness of the absolute majority of the Russian citizens.”

 

“Targeted individual sanctions is the least the West can do to uphold its values and help those who do not have the legal protections of a democracy,” said Marina Litvinenko.

 

Elena Servettaz, the editor of “Why Europe Needs a Magnitsky Law?”, said:

 

“I am very happy that the launch of this book will take place in the British Parliament which has proved many times that issues of corruption and human rights really do matter… You will find here direct testimony from Russian citizens who have witness and faced injustice, prison terms and even murder. But above all, you will find here the ideas of those who are convinced that the Magnitsky Law in Europe is the only way to ensure such horrific events never happen again.”

 

The new Magnitsky book is available free of charge by contacting the editor at: magnitskybook@gmail.com and will be downloadable online at:www.magnitskybook.com.

 

The book launch will take place tomorrow at noon at the British parliament and at 6:30 pm at the Free Word Centre (http://www.freewordcentre.com/info/visiting-us/) where it is hosted by Fair Trials International and Article 19 with contribution from English PEN.

For further information, please see:

Law and Order in Russia

Saudi Arabia Under Fire for Treatment of Migrant Workers

By Kathryn Maureen Ryan
Impunity Watch Reporter, Middle East

RIYADH, Saudi Arabia – Last week an amateur video showing a native Saudi man beating a migrant worker for allegedly talking to his wife sparked outrage in Saudi Arabia and around the world. The video highlighted the harsh reality of life for millions of migrant workers in the Arab state.

there are an estimated nine million migrant workers in Saudi Arabia, many will have there passports confiscated under the Kafala System (Photo Courtesy of BBC News)

The Saudi government-backed Human Rights Commission has condemned the video. Mohammed Al-Madi, of the Human Rights Commission, said “We are taking this very seriously and are looking into it with Saudi security.” He added “We are doing our utmost to ensure the accused abuser is arrested and tried. We are also doing everything we can to find the abused man, so that we can help him in any way.”

An estimated nine million migrant workers live in Saudi Arabia. Migrant workers make up more than half of the state’s workforce mostly filing manual, clerical and services possessions.

Legal migration into the country depends on the Kafala system which requires migrant workers to be sponsored by their employer’s in order to enter and remain in the country. This system has been criticized by human rights organizations around the world. Human Rights Watch has called this system abusive saying that “the kafala, or sponsorship system ties migrant workers’ residency permits to sponsoring employers, whose written consent is required for workers to change employers or leave the country.”

Human Rights Watch argued that under the Kafala system “employers often abuse this power in violation of Saudi law to confiscate passports, withhold wages and force migrants to work against their will or on exploitative terms.”

Azfar Khan of with the International Labour Organization argued that the Kafala system allows for widespread abuses of labourers. Because many migrant workers are forced to surrender their passports upon entering many Arab states in the Middle East they become vulnerable to abuse.

“When the employer has that kind of power, then they can dictate the working conditions,” explains Khan. “Whether it’s a question of the wage rates, whether it’s a question of the work time. “Because legal residency under this system depends on employer sponsorship, rather than a system of residency less tied to individual employees, migrant workers are often suitable to workplace abuses out of feat that if they defy their bosses or quit their jobs they may be forced to leave the country.

In an effort to reduce the 12% unemployment rate among native Saudis the government announced that it would crack down on illegal migrant workers in the country.

On April 3, 2013 the Saudi government announced an amnesty period for illegal workers which would allow them to get their papers in order or leave the country without being penalized by the state.

The deadline passed on November 4th and one million worker are estimated to have left the country since the amnesty period began in April while four million are reported to have found employers to sponsor them under the kafala system, making these migrants dependent on their employers for their residency in the state.

For more information please see:

Al Jazeera – Should Saudi Arabia End Its Kafala System? – 4 November 2013

BBC News – Saudi Arabia Rounds Up Migrant Workers As Amnesty Ends – 4 November 2013

The Economic Times – 10,000 Sri Lankan Migrants Return On Saudi Amnesty – 4 November 2013

CNN International – Abuse Video Shocks Saudi Arabia – 4 November 2013

Human Rights Watch – Saudi Arabia: Protect Migrant Workers’ Rights – 2 July 2013

Report Says Russian Pussy Riot Prisoner Transferred to New Penal Colony

By Ben Kopp
Impunity Watch Reporter, Europe

MOSCOW, Russia – Reports show that Pussy Riot member Nadezhda Tolokonnikova was transferred to another penal colony following her demands for a transfer.

Following nearly two weeks of demands to see Tolokonnikova, a report indicates that she was transferred to a new penal colony, which is consistent with her previous demands. (Photo courtesy of BBC News)

In 2012, Nadezhda Tolokonnikova’s punk rock band and protest group Pussy Riot staged a politically provocative performance in Moscow’s main Orthodox cathedral. Tolokonnikova has been serving a two-year sentence as a result of that performance, based on a conviction for hooliganism. While another band member has also been serving a sentence, their third member was released on appeal.

While Pussy Riot’s performance was considered blasphemous, their prosecution created an international outcry for their release.

In September 2013, Tolokonnikova went on a hunger strike against her treatment in the Mordovia penal colony, which included death threats from a colony official, as well as “slave-labor conditions.” She ended the hunger strike after becoming hospitalized.

Nearly two weeks ago, Tolokonnikova demanded that she be transferred to another penitentiary. Pyotr Verzilov, Tolokonnikova’s husband, says that nobody has heard from her since that time.

Verzilov said that Tolokonnikova is still weak from her last hunger strike, and he accused authorities of punishing her for protesting.

The last time Verzilov knew of his wife’s location, she had passed through Chelyabinsk in the Urals.
According to the Interfax news agency, Russia’s prison service sent Pussy Riot member Nadezhda Tolokonnikova to a new penal colony. Interfax further reported that, in accordance with regulations, Tolokonnikova’s family would be informed within 10 days of arrival. The Associated Press could not reach Interfax officials for comment.

“According to a decision made by FSIN [Russia’s Federal Penitentiary Service] in regards to changing Nadezhda Tolokonnikova’s location: she is currently being moved to a different correctional facility,” an FSIN official told Interfax news agency. “Upon arrival to a particular institution, one of the relatives, chosen by Tolokonnikova, will be given the information.”

Verzilov contends that it has been thirteen days since he last saw his wife. “They want to cut her off from the outside world,” Verzilov said. “Basically, we are applying the tactic we’ve been applying the last two years, (which) is to draw as much international attention as possible. We are trying to make authorities follow the law, when they do not follow it.”

On November 2, demonstrators picketed the headquarters of the prison service in Moscow.

“We are people who want to drastically change the political system in Russia and put an end to the Putin regime in this country,” Verzilov said. “We do what we feel we have to do, and after the government makes us pay the price they feel we should pay.”

Absent access to Tolokonnikova, her family might claim that Russia has forced her to disappear. However, they will have to wait for further evidence to suggest that Russia is taking such actions.

For further information, please see:

CNN International – Imprisoned Pussy Riot Band Member Transferred to Another Prison – November 4, 2013

Euronews – Russian Prison Service Announces Transfer of Pussy Riot Member – November 3, 2013

RT – Pussy Riot Member Tolokonnikova Being Moved to New Prison – Officials – November 3, 2013

Al Jazeera – Jailed Pussy Riot Member Cut Off from Contact, Husband Says – November 2, 2013

BBC – Pussy Riot: Tolokonnikova ‘Out of Sight’ Since Jail Move – November 2, 2013

RadioFreeEurope RadioLiberty – Pussy Rioter Not Heard from in Two Weeks – November 2, 2013

TIME – Pussy Riot Member Moved to New Prison – November 2, 2013

Washington Post – Report: Pussy Riot Member Tolokonnikova Being Sent to New Prison – November 2, 2013

U.S. Military Doctors Aid In Torturing Detainees

By Brandon Cottrell
Impunity Watch Reporter, North America

WASHINGTON, D.C., United States – According to a study released this morning by a nineteen member independent task force of doctors, lawyers, and ethicists, U.S. military doctors designed, enabled, and engaged in the torture of suspected terrorists held at American detention centers in Guantanamo Bay, Iraq, and Afghanistan.

A photo taken inside of Guantanamo Bay (Photo Courtesy The Guardian).

The torture, which violates globally recognized ethics and medical principles, which bar physicians from inflicting harm, is believed to have occurred for the past decade.  The study reports that physicians, psychiatrists, and psychologists, who work for U.S. military branches or intelligence agencies, allowed “cruel, inhumane and degrading treatment” of prisoners while acting at the direction of military leaders under both the Bush and Obama administrations.

Some of the torture practices include force-feeding detainees who were hunger striking.  Human rights advocates have long protested the way that the detainees are forced feed – a tube is inserted into the nose of a chair-restrained detainee and food is then pushed through that hose and into the body – as being inhumane.  Additionally, the use of these “very coercive restrain chairs” violates the ethical standards of the World Medical Association.  The Pentagon, however, said the force-feeding is lawful.

Other finds include abusive interrogation techniques including “consulting on conditions of confinement to increase the disorientation and anxiety of detainees.”  Other tactics included inducing hopelessness, psychologically dislocating the detainee to maximize vulnerability, and reducing or eliminating his will to resist.

Dr. Gerald Thomson called the report a “big striking horror” and also said that the “covenant between society and medicine has been around for a long, long, time – patient first, community first, society first, not national security.”

Arthur Caplan, head of medical ethics at NYU Langone Medical Center, however, does not think that these “people go to work every day and say ‘I’m doing something terrible’ . . . [rather they] say ‘I want to fight terrorism.’  They think they’re doing the right thing.”

A spokesman for the Department of Defense, however, called the report “wholly absurd” and stated that it is “worth noting that other than the habeas counsel . . . not one of the task force claimants have had actual access to the detainees, their medical records, or the procedures.”  The White House has also discredited the report.

The spokesman also added that, “The health care providers . . . routinely provide not only better medical care than any of these detainees have ever known, but care on par with the very best of the global medical profession, [they] are consummate professionals working under terrifically stressful conditions, far from home and their families, and with patients who have been extraordinarily violent.”

David Rothman, president of the Institute on Medicine as a Profession, in a statement said “Putting on a uniform does not and should not abrogate the fundamental principles of medical professionalism . . . “do not harm” and “put patient interest first” must apply to all physicians regardless of where they practice.”

Fore more information, please see:

BBC – Doctors Aided US Torture At Military Prisons, Report Says – 4 November 2013

CNN – Report Raps Doctors Over Roles In Post-9/11 Interrogations – 4 November 2013

The Guardian – CIA Made Doctors Torture Suspected Terrorists After 9/11, Taskforce Finds – 3 November 2013

NBC News – ‘Big, Striking Horror:’ US Military Doctors Allowed Torture Of Detainees, New Study Claims – 4 November 2013