First Witness Testifies in Trial of Kenyan Deputy President Accused of Crimes Against Humanity

By: Dan Krupinsky
Impunity Watch Reporter, Africa

THE HAGUE, Netherlands — The prosecution in the trial of Kenyan deputy president William Ruto at the International Criminal Court (ICC) called its first witness on Tuesday, a woman known only as Witness 536.

Witness 536 broke down during her testimony, describing an attack in January 2008 by a mob on a church in Kenya’s Rift Valley region. According to her, thousands of youths armed with machetes and sticks surrounded the church, which had become a place of refuge from attacks that were occurring in the area, and set the building on fire with people trapped inside. At least 28 people were killed in the incident, with some estimates putting the fatality count at 35.

William Ruto waits for the beginning of his trail in the ICC courtroom. (Courtesy: Reuters)

The church was completely full of women and children from the Kikuyu ethnic group, she said. Members of the rival Kalenjin tribe approached from two sides, singing.

“They were painted with white clay…some had matches, axes and sticks…they were singing,” said the witness, describing the mob. “We were all trying to find a way to escape. I was carrying my small child with me. The church was set alight.”

The mob used bicycles to block a main exit, while other members of the mob guarded other exits to prevent escape.

“When somebody tried to leave the church, they would grab the person and push them back inside,” said the witness. “I went mad.”

In court documents, the prosecution also claims that others who tried to flee were hacked to death.

The court rules that Witness 536’s identity will be kept secret, for her own protection. She is testifying from behind a curtain, and her image is pixilated and voice distorted on the court video. Ruto, present in the courtroom, cannot see her.

ICC prosecutor Fatou Bensouda has voiced complaints of interference and threats against witnesses. In addition to four witnesses who withdrew just before the trail, several more have withdrawn in recent days.

Bensouda announced that accusations of witnesses being bribed to withdraw their testimony are being investigated, warning of tough penalties.

Some witnesses say they were under family and community pressure, according to Kenyan media reports, as the trial is severely embarrassing for Kenya’s government.

Ruto and his co-defendant, radio executive Joshua Arap Sang, face charges of crimes against humanity in connection with their alleged in a swarm of ethnic violence that followed Kenya’s 2007 election, where more than 1,100 people were killed. For more on the charges and accusation, please read earlier reports from Impunity Watch.

 

For further information, please see:

ABC News – Kenya’s William Ruto trial: ‘Baying mob trapped hundreds’ in Kiambaa church fire massacre – 17 September 2013

BBC – Kenya’s William Ruto trial: ‘Church victim’ testifies at ICC – 17 September 2013

Los Angeles Times – First witness testifies in Hague trial of Kenya’s deputy president – 17 September 2013

Voice of America – First Witness Called in Ruto ICC Trial – 17 September 2013

U.S. Judge Grants Freezing Order Over $23 Million of New York Assets in Lawsuit Brought by the U.S. Attorney in the Sergei Magnitsky Case

PRESS RELEASE
For Immediate Distribution

 

16 September 2013 – The New York District Court has issued a freezingorder for over $23 million in Manhattan property and bank accounts linked to the $230 million theft uncovered by Russian lawyer Sergei Magnitsky. The bank accounts are held at Bank of America.  The court order was made at the request of the U.S. Attorney’s Office, which launched the first action in the Sergei Magnitsky case in the United States last week.

Presiding U.S. Judge Thomas Griesa said in the order:

“The Restrained persons, their attorneys, agents, employees and anyone acting on their behalf, and all persons or entities acting in concert or participation with any of the above, all relevant financial institutions, and all persons and entities having actual knowledge of this Order, shall not, directly or indirectly, transfer, sell, …or take, or cause to be taken, any action that would have the effect of depreciating, damaging, or in any way diminishing the value of property or other interests belonging to, or owed to, or controlled in whole or in part by the defendant, which property or other interests are subject to forfeiture.”

The United States commenced its action in New York on 10 September 2013 when the civil forfeiture complaint was filed by attorney for the SouthernDistrict of New York Preet Bharara. In granting the freezing order, the court referred to the U.S. Attorney’s Office complaint:

“The Complaint further alleges, in part, that in 2007, a Russian criminal organization (“the Organization”) engaged in an elaborate tax refund fraud scheme that defrauded Russian taxpayers out of approximately U.S. $230 million; that the fraud proceeds were laundered through a series of shell companies in Russia and other countries; and that some of these fraud proceeds were transferred from shell companies in the Republic of Moldova to PREVEZON HOLDINGS, which then used those funds, commingled with other funds …, to purchase multiple pieces of real estate in the Southern District of New York, which were held by the other Prevezon Entities.”

The aim of the freezing court order is to preserve the assets from dissipation.

In 2008, Sergei Magnitsky, an outside lawyer for the Hermitage Fund, uncovered the criminal conspiracy involving Russian government officials and criminals, responsible for the theft of Hermitage Fund’s Russian companies and $230 million of their tax payments, and testified about it to Russian authorities. He was then arrested by some of the same officials he had implicated, ill-treated and tortured for nearly a year and killed in Russian state custody on 16 November 2009.

For further information, please see:

Law and Order in Russia

U.S. Politicians Comment on Syrian Arms Plan

Brandon Cottrell
Impunity Watch Reporter, North America

WASHINGTON, D.C., United States – This past weekend’s agreement to seek a “strong and robust” United Nation resolution, which would remove all chemical weapons from Syria by 2014 has caused numerous U.S. politicians to weigh in, with some in support but most in opposition.

British Foreign Secretary William Hague, French President Francois Hollande and Secretary of State John Kerry met over the weekend to discuss Syria. (Photo Courtesy USA Today)

Although the U.S., France, and Great Britain are in agreement that they do not want a ground invasion of Syria, U.S. Secretary of State John Kerry and President Obama have not ruled out a unilateral strike against Syria if Syria fails to meet any of its forthcoming commitments under the resolution.

Kerry commented that, “If Assad fails in time to abide by the terms of this framework, make no mistake, we are all agreed – and that includes Russia – that there will be consequences.”  French President Francois Hollande echoed those sentiments, as he stated that, “The military option must remain; otherwise there will be no pressure [to comply].”

Many U.S. politicians, however, are skeptical about the tentative agreement that was struck between the U.S. and Russia.  Some say that the agreement is a sign of overall American weakness while others were troubled that the agreement’s success will “depend largely on the cooperation of Russian and Syrian authorities, which have proven themselves anything but trustworthy.”

Representative Mike Rogers, chairman of the House Intelligence Committee, even said that the U.S. is “being led by the nose by” Russian President Vladimir Putin.  Rodgers also thinks that the U.S. “fired our last round” and that the ability to negotiate a settlement has been sent with Russia to the U.N., which is “a dangerous place for us (the U.S) to be if you want an overall settlement to the problems.”

Senator John McCain is also among those who does not support the agreement.  He thinks that the agreement is a “loser” because it is unlikely to be enforced.  Additionally, he believes that the U.S. has “effectively taken the threat of military force off the table” despite the Obama’s and Kerry’s earlier statements that the U.S. military is prepared to launch a strike.

Others, however, are optimistic.  Representative Elijah Cummings noted that “just a week ago . . . we had Russia and Syria saying . . . they had happens.  And now we are sitting down at the table with a very aggressive agenda, sitting down at that table trying to resolve this issue without a bullet being fired. That’s very significant.”

 

For more information, please see:

CBS News – U.S. Politicians Wonder If Obama Was Outfoxed On Syria Chemical Weapons – 15 September 2013

Fox News – Lawmakers Debate Whether US Outfoxed On Syria; Obama Says ‘Foundation’ Set For War Settlement – 15 September 2013

New York Times – U.S. And Allies Push For Strong U.N. Measure On Syria’s Arms– 16 September 2013

USA Today – U.S. Seeks Wide Support For Syria Arms Deal – 16 September 2013

Yemen’s Minister for Human Rights Calls for an End to Child Marriages

By Kathryn Maureen Ryan

Impunity Watch, Middle East

SANA’A, Yemen – Yemen’s Minister for Human Rights, Huriya Mashhoor has called for child marriages to be outlawed in the country. She is attempting to revive a 2009 bill that would have set the minimum marriage age at 17; she is aiming to raise this age to 18. The 2009 bill was passed by Yemen’s parliament. However, conservative parliamentarians argued the bill violated Islamic law, which does not specify a minimum age of marriage. As a result of their protests, the bill was signed, but never entered into law. Yemini law still maintains an ambiguous definition of a “child”, which makes it difficult to set a minimum age requirement for marriages.

Hooria Mashhour, Yemeni minister of Human Rights, has called for Yemen to set minimum age for marriage at 18. (Photo courtesy of CNN International)

Mashhoor’s call for marriage reform was a direct response to the reported death of eight-year-old Rawan, who died last week on her wedding night of internal bleeding caused by sexual intercourse. The eight-year-old girl had been married-off to a man in his 40s.

“This isn’t the first time a child marriage has happened in Yemen, so we should not focus only on this case,” Mashhoor said of the incident. “Many child marriages take place every year in Yemen. It’s time to end this practice.” Mashhoor said that she personally spoke to the human rights coordinator for the ministry in Haradh, where the incident took place, and he informed her that nearly everyone he spoke to is denying that Rawan’s death was caused by intercourse. According to one resident of the area, “No one is talking about this story because it’s an embarrassment, but this is what poverty can do to people.”

According to the United Nations, about half of Yemen’s 24 million people lack sufficient food and access to safe water. Child marriages are common amongst poor families in Yemen. Impoverished families often marry-off under-aged girls in order to bring in extra income from the dowry of the under-aged girl. Marriage is often seen as a way to save on the cost of raising their daughters.

The international community has called for marriage reform in Yemen in response to Rawan’s death as well as other reported cases of child marriages in the country, including allegations made by an 11-year-old Yemeni girl named Nada Al-Ahdal in a video posted to YouTube, accusing her parents of attempting to marry her off for money. The video was viewed by millions of people around the world and has raised awareness about the ongoing problem of child marriages in Yemen.

Catherine Ashton, Foreign Policy Chief for the European Union urged Yemini authorities to investigate Rawan’s death “without delay, and to prosecute all those responsible for this crime.”

According to Human Rights Watch, “the current political transition and drafting process for a new constitution offer a unique opportunity for the Yemeni government to enact laws protecting the rights of girls.” Mashhoor’s calls for change may demonstrate the potential for reform offered by the transition process.

For more information please see:

BBC News – Yemeni Minister Seeks Law to End Child Marriage – 13 September 2013

Al Jazeera – Yemeni Minister to Seek Child-Marriage Ban – 14 September 2013

Associated Free Press – Yemen Rights Minister Wants Child Bride Ban – 14 September 2013

CNN International – Yemen Minister on Child Marriage: Enough Is Enough – 16 September 2013