President Obama Tentatively Endorses Diplomatic Approach with Syria

by Michael YoakumImpunity Watch Reporter, North America

WASHINGTON, D.C., United States – President Obama, in a prime time speech Tuesday, called upon Congress and the American public to give him time to pursue diplomatic options for disarming the Bashar al-Assad government of its chemical weapons.  The President tentatively endorsed an agreement by which Assad will surrender his chemical weapon stockpiles to the United Nations for disposal.

President Obama spoke for fifteen minutes on why deterring the use of chemical weapons is important to national security. (Photo courtesy of ABC News)

President Obama used most of his time persuading the American public that allowing unchecked use of chemical weapons would embolden Iran and make it easier for terrorist organizations like Al Qaeda to gain access to chemical weapons. The President also answered questions from the American public about the scope of military action expected if the diplomatic measures should fail.

The President’s call for a diplomatic solution marked the third strategy in two weeks for dealing with allegations that the Assad government was behind the August 21 sarin gas attack in Damascus.

On August 31, President Obama seemed certain of the need to make targeted cruise missile strikes against Syrian chemical weapons depots.  However, the President surprised the American public and his own national security team over the Labor Day weekend by asking Congress to authorize military force in Syria.

This latest strategy came to fruition on September 9 when Secretary of State, speaking off the cuff, offered the Assad government a way to avert military action.  “[Assad] could turn over every single bit of his chemical weapons to the international community in the next week,” Kerry said, adding “All of it.  Turn it over.  Without delay and allow a full and total accounting for that.”

While Kerry dismissed the idea that Assad would acquiesce to such a plan, Russia took steps towards putting that plan into action.  Since that plan was offered, Assad has admitted to possessing stockpiles of chemical weapons and expressed his desire for Syria to join the Chemical Weapons Convention, a UN resolution banning the use of chemical weapons in war.

For more information, please see:

CNN – Syria speech: What’s next on Obama’s to-do list – 11 September 2013

NBC News – Uncertain path forward after Obama makes his case – 11 September 2013

The Guardian – Syria crisis: Obama leans to diplomacy on chemical weapons impasse – 11 September 2013

The New York Times – Planned as Call to Act, Obama’s Speech Became a Plea for Time – 11 September 2013

ABC News – Obama Blends Threat of Attack, Hope of Diplomacy – 10 September 2013

International Prosecutor Quits Cambodia War Crimes Tribunal

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

PHNOM, PENH – The international prosecutor of Khmer Rouge’s tribunal has quit. The prosecutor Andrew Cayley resigned as the court prepares closing arguments in its first mini-trial of two surviving Khmer Rouge leaders.  Cayley was appointed the position in December 2009.

International Prosecutor Andrew Cayley (photo courtesy of VOA)

Britain’s Cayley stated that he resigned this post due to personal reasons. He told the VOA that it was no surprise that he would be resigning this year. However, he did not elaborate on the subject and told VOA that this would not affect the ongoing prosecutions under his authority.

Cayley’s resignation is to be effective on September 16.

This departure comes at a crucial time in the court’s prosecution of two surviving Khmer Rouge leaders: Nuon Chea and Khieu Samphan.

It is believed that these two leaders are responsible for the deaths of two million people between 1975 and 1979. Nuon Chea was Pol Pot’s deputy, and Khieu Samphan was head of state.

Both leaders are now in their 80’s for this trial, and their leader Pol Pot died in 1998.

The trial before the court is said to be so complex that the court divided it into a number of smaller trials. The first of these mini-trials concluded in July and since then the prosecution, defense, and the lawyers for the civil parties have been preparing their closing statements.

The prosecution, defense, and lawyers are scheduled to file their submissions at the end of September, and the court is scheduled to hear oral arguments in October. A judgment is expected next year.

Although this trial is complex, Cayley states that the process was on track as far as the prosecution was concerned.

“What I’ve done in the past month – which I undertook to the UN to do – is I’ve put in place measures basically that the case will continue to a proper conclusion,” said Cayley. “Our written submissions are almost complete and will be ready to be filed on the 26th of September. So yes, it’s not an ideal situation, but certainly the office is well prepared for my departure. And the office is not just about me – it’s about a whole team of people working together, and me departing is not going to affect the quality of the work.”

This under-funded tribunal has been plagued by numerous problems since its creation in 2006.

Recently, about 200 Cambodian employees at the court walked off the job last week to demand months of back wages. The Cambodian side of court, which lacks $3million in funding, has also dealt with allegations of mismanagement and corruption.

This strike could delay the court’s efforts to hear closing submissions in October.

The UN’s role is to fund the international side. However, in recent weeks the UN’s secretary General Ban Ki-moon warned that the court could collapse. He asked the countries to donate $3million needed to keep the national side running until the end of the year.

“Looking at my national colleagues, it’s not just critical for the functioning of the court; it’s actually critical to their lives,” said Cayley. “These are people who haven’t been paid for several months, and they have families that need to be supported. That’s why I think it needs to be resolved as quickly as possible.”

Cayley’s replacement is U.S. lawyer Nicholas Koumjian, who has worked previously at the Special Court for Sierra Leone and the International Criminal Tribunal for the former Yugoslavia. Koumjian is scheduled to arrive in Cambodia next month.

For further information, please visit:

Voice of America (VOA) – Key Prosecutor Quits UN-Backed Cambodia War Crimes Tribunal – 9 September 2013
TheInnoPlexION – Key Prosecutor Quits UN-Backed Cambodia War Crimes Tribunal – 9 September 2013
GlobalSecurity.org – Key Prosecutor Quits UN-Backed Cambodia War Crimes Tribunal – 9 September 2013
Pakistan.com – Key Prosecutor Quits UN-Backed War Crimes Tribunal – 9 September 2013
SILObreaker – Key Prosecutor Quits UN-Backed War Crimes Tribunal – 9 September 2013
ViralNewsChart – Key Prosecutor Quits UN-Backed War Crimes Tribunal – 9 September 2013
KKYBA.org – Key Prosecutor Quits UN-Backed Cambodia War Crimes Tribunal – 9 September 2013

Syrian Refugees Relocating to Germany in First Wave of Temporary Resettlement Program

by Tony Iozzo
Impunity Watch Reporter, Europe

GENEVA –  The United Nations announced on Tuesday that over 100 Syrian refugees were being relocated to Germany this week, in the first step of a plan to relocate nearly 12,000 Syrians this year.

The first wave of refugees will leave Lebanon on Wednesday. (Photo courtesy of World Bulletin)

107 Syrians will be the first among a group of 5,000 Syrians to be relocated to Germany by the end of this year in what the U.N. is deeming a temporary humanitarian admissions program, according to Melissa Fleming, the spokeswoman for the U.N. High Commissioner for Refugees.

This first wave of refugees being relocated to Germany are identified as particularly vulnerable, and includes “women and girls at risk, people with serious medical conditions, survivors of torture or others with special needs,” according to Fleming.

“This is a lifesaving tool for most of them,” Fleming stated.

Neighboring countries such as Turkey, Jordan, Iraq, and Lebanon have taken in most of the Syrian refugees so far, as 2 million Syrians have fled. The refugees are faced with makeshift conditions in these countries, however, and the U.N. is calling on additional western countries to contribute.

The U.N. has only managed to find homes for roughly 7,000 refugees in twelve western countries in the current plan, despite the goal of reaching 12,000. Other countries that have agreed to accept Syrian refugees include Australia, Canada, Denmark, Finland, the Netherlands, New Zealand, Norway, Spain, Sweden, and Switzerland.

Under this program, Germany’s relocation plan is currently the largest. The country has announced that it will extend two-year residence permits which allow the Syrian refugees to work, and the permits could potentially be lengthened if the Syrian conflict remains unsettled.

This first group of 107 Syrians are departing from Lebanon on Wednesday, and will travel to the Office of the U.N. High Commissioner for Refugees where they will be greeted before being transported to an accommodation center for two weeks. At the center, the Syrians will receive basic language training, and receive an orientation on the schooling and healthcare system of Germany. After the two-week orientation, the Syrians will finally depart to their temporary homes across Germany.

For more information, please see:

Fox News – Syrian Refugees Temporarily Resettling in Germany Under Biggest Relocation Program – 10 September 2013

New York Times – Germany to Accept Syrian Refugees – 10 September 2013

World Bulletin – Germany to be Temporary Home of 107 More Syrians – 10 September 2013

Deutsche Welle – Syrian Refugees Heading for Germany – 9 September 2013

 

 

Press Release on US Asset Seizure in Magnitsky Case

PRESS RELEASE
For Immediate Distribution

U.S. Department of Justice Files Case to Seize Over $23 Million in Manhattan Real Estate Connected to Magnitsky Case
10 September 2013 – The United States Attorney’s Office in New York has filed a complaint to seize over $23 million in Manhattan property linked to the $230 million theft uncovered by Hermitage Fund’s Russian lawyer Sergei Magnitsky. The U.S. Attorney’s complaint seeks to further seize cash in connected bank accounts and impose civil money laundering penalties, according to documents filed today with the Manhattan Federal Court.

“This is the first action in the US  to seize assets connected to the Magnitsky case, – said a Hermitage Capital representative. – It is a significant escalation in the campaign to bring justice for Sergei Magnitsky and his family. Sergei’s friends, colleagues and family will continue to pursue all the recipients of the blood money to make sure they are parted with the illicit proceeds, whoever and wherever they are.”

The complaint was filed by Preet Bharara, United States Attorney’s Office for the Southern District of New York, on behalf of the United States Government, who is plaintiff in the action. According to the filing, the U.S. Government’s claims over the real estate and cash in New York arise out of the laundering of proceeds of a criminal enterprise in Russia.

“A Russian criminal organisation including corrupt Russian government officials defrauded Russian taxpayers of approximately 5.4 billion rubles, or US$230 million, through an elaborate tax refund fraud scheme,” says the complaint.

“In order to procure the refunds, the Organization fraudulently re-registered the Hermitage Companies in the names of members of the Organization, and then orchestrated sham lawsuits against these companies,”
says the complaint.
“These sham lawsuits involved members of the Organization as both the plaintiffs (representing sham commercial counterparties suing the Hermitage
Companies) and the defendants (purporting to represent the Hermitage Companies,” says the complaint.

“After perpetrating this fraud, members of the Organization have undertaken illegal actions in order to conceal this fraud and retaliate against individuals who attempted to expose it. As a result of these retaliatory actions, Sergei Magnitsky, a Russian attorney who exposed the fraud scheme, was falsely arrested and died in pretrial detention,” says the complaint.

“Members of the Organization, and associates of those members, have also engaged in a broad pattern of money laundering in order to conceal the proceeds of the fraud scheme. This money laundering activity has included the purchase of pieces of Manhattan real estate with funds comingled with the fraud proceeds,” says the complaint.

“The $230 Million Fraud Scheme is strikingly similar to what appears to have been a fraud scheme carried out by the Organization in 2006 involving two subsidiaries of Rengaz,” says the complaint.

A portion of the stolen $230 million funds were laundered through several shell companies into Prevezon Holdings Ltd., based in Cyprus, according to the court filing. The court documents indicate that two Russian nationals were registered as shareholders of Prevezon, including Timofey Krit (during the period from 29 August 2006 to 18 June 2008) and Denis Katsyv, the son of a former Moscow regional government official (since 19 June 2008).
Prevezon’s bank account was owned by Alexander Litvak, named as a business partner of Katsyv in the filing.
According to the court documents, the payments traced by the U.S.
Department of Justice to Prevezon came from two Moldovan shell companies, Elenast and Bunicon-Impex which held accounts at Banca de Economii, which in turn received funds originating from the $230 million from the Russian treasury from Krainiy Sever, a Russian bank whose license was removed for violations of anti-money laundering regulations.

According to the court filing, the stated purpose of payment to Prevezon from Bunicon was “pre-payment for sanitary equipment”. However, this description was at odds with an explanation provided subsequently by a PR representative of Mr Katsyv who explained the transfers as derived from a deal between Mr Krit, a previous shareholder of Prevezon, and his friend, Mr Petrov, who “agreed jointly to develop a business based on investments in and management of property. Under the agreement Mr Petrov was to transfer funds to Prevezon for this purpose.” According to Mr Katsyv’s representative, funds from Bunicon and Elenast were accepted by Prevezon because Mr Petrov was “anticipating repayment through these companies of a debt owed him by a third party, Mr Kim.”

Some of the information identifying the flow of illicit funds came from whistleblower Alexander Perepilichnyy who died mysteriously at the age of
44 in Surrey, UK, in November last year. The cause of his death remains unexplained. As a result of the information he provided, five countries in Europe have now opened criminal investigations, with some freezing funds traced to the proceeds from the $230 million fraud uncovered by Sergei Magnitsky.
Sergei Magnitsky testified about the criminal conspiracy to Russian authorities in 2008, was 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.

The investigation for this filing in New York was carried out by the Office of Homeland Security Investigations Division and supported by New York County District Attorney.

For further information, please see:

Law and Order in Russia