A Voice for the Voiceless

Postponed Posthumous Trail Pushes For Comparable Magnitsky Act in EU

By Alexandra Sandacz
Impunity Watch Reporter, Europe

MOSCOW, Russia – On Monday, a Russian court postponed the posthumous trial of a dead lawyer, Sergei Magnitsky, who accused law-enforcement authorities of massive corruption.

A guard stands at an entrance to the Tverskoi district court. (Photo Courtesy of RFE/RL)

In 2008, Magnitsky was jailed for tax evasion. However, the charges arose after he claimed several officials and organized criminals conspired to claim $230 million in tax rebates. Suspiciously, while awaiting trial, Magnitsky died in prison of untreated pancreatitis. The Russian presidential council on human rights said that Magnitsky was deliberately denied medical treatment and most likely beaten.

While Magnitsky’s trial is the first posthumous prosecution in Russian legal history, the judge in the Tverskoi district court quickly adjourned the trial until March 22 to give the court-appointed defense team additional time to prepare evidence.

Magnitsky’s family and their lawyers refused to attend last week’s pre-trial hearing because they believe the case in simply politically motivated.

Natalya Magnitskaya, his mother, stated, “It’s inhuman to try a dead man. If I take part in this circus, I become an accomplice to this. I won’t take part in the hearings.”

The European Parliament said the prosecution was “a violation of international and national laws and clearly shows the malfunctioning of the Russian criminal justice system”.

As a consequence of Sergei Magnitsky’s death, the United States passed a law, which provides for asset freezes and visa bans on Russian officials who violate human rights. This law was meant to push the European Union to pass a similar law.

William Browder, CEO of the investment firm Hermitage Capital where Magnitsky worked in Moscow, affirmed, “After the passage of the Magnitsky Act in America, our single biggest priority became the passage of the same act in Europe. The American action was extremely significant because it set the precedent, but the European action will be even more material to the Russians because they keep orders of magnitude more property and money in Europe.”

Kristiina Ojuland, a member of the European Parliament from Estonia, said, “Russians consider themselves, really, like a part of Europe – European. And therefore it’s significant that Europe reacts, not only [to] the Magnitsky case, but in broader terms, reacts against this corrupt, black money that is flying into the EU countries.”

She continues to explain that Russian officials frequently engage in vacationing, shopping, and educating their children in EU countries. As a result, they are also more likely to keep money in European banks. Therefore, asset freezes and visa bans in Europe would hit Russian officials considerably harder than similar sanctions in the United States.

In order for EU-wide sanctions to come into effect, all 27 member states would need to agree to them.

For further information, please see:

BBC News – Trial of Dead Russia Lawyer Sergei Magnitsky Delayed – 11 March 2013

RFE/RL – Magnitsky Trial Quickly Adjourned – 11 March 2013

RFE/RL – Push For Magnitsky Sanctions Intensified In Europe – 11 March 2013

The Washington Post – Trial of Dead Russian Whistleblower Sergei Magnitsky Postponed in Moscow – 11 March 2013

Muslim Mob Burns Christian Homes in Pakistan After Drunken Allegations of Blasphemy

By Irving Feng
Impunity Watch Reporter, Asia

LAHORE, Pakistan – An angry mob of Pakistani Muslims rampaged through the Christian neighborhood of Joseph Colony in eastern Lahore attacking the homes of innocent Christians, burning more than 100 homes.

Christian protestors burn furniture in the streets in condemnation of Muslim actions. (Photo Courtesy of Hurriyet News)

The attack on innocent Christians was prompted by an argument between two friends of different religions.  One friend, a Christian, allegedly made blasphemous comments regarding the prophet Mohammed to his Muslim friend while the two were conversing under the influence.

The police report states that a mob of angry Muslims went to the home of the Christian man, located in Joseph Colony, seeking revenge for the blasphemous comments.  The police arrested the Christian man and held him in custody in hopes to appease and disperse the angry mob.

The crowd, however, was not appeased, and continued to move through Joseph Colony attacking innocent Christian homes and burning them to the ground.  No reports have counted any casualties during the violent burning of the homes.

The Pakistani police have made a large number of arrests and are still investigating the inciters of the mass arsons against innocent Christians.  Reports vary as to how many Muslim arsonists and rioters have been taken into custody.  The numbers range from roughly 60 to 150 arrests.

Blasphemy is a sensitive issue and taken very seriously in Pakistan.  97% of the Pakistani population is observant Muslims and even blasphemy allegations that lack any shred of evidence can trigger violent, public outbreaks of violence.

After the burning of Christian homes in Joseph Colony, Christian protestors took to the streets in Karachi, Lahore, Islamabad, Peshawar and elsewhere to condemn the actions of the angry mob.

Jani Masih, a Christian man whose home was burned to the ground, questioned why all Christians in Pakistan were being punished for the alleged blasphemy of one man.  Others believed that the incident was extremely cruel, and it was unjust to hold an entire community responsible for one man’s actions.

The Christian demonstrations in the streets of major Pakistani cities were largely peaceful.  Some of the younger protestors, however, allowed their anger to bubble to the surface and attacked public and private citizens and property by throwing stones and other debris.

Preliminary reports suggest that the public consensus was that the innocent people affected by this tragedy should be compensated for having their homes destroyed.  Pervez Rashid, an official spokesperson for the Punjab provincial government in Lahore, told a local news channel that the affected families would have their homes repaired and given 200,000 rupees (US $2,050).

For further information, please see:

Channel News Asia – Protests over Pakistan anti-Christian riot – 11 March 2013

International Herald Tribune – Joseph Colony tragedy: Outcry against arson attacks – 11 March 2013

BBC – Pakistan arrests scores over Lahore anti-Christian riot – 10 March 2013

Hurriyet News – ‘Drunken row’ sparked Pakistan anti-Christian riot – 10 March 2013

Police Investigate a Video Showing Two Recaptured Prisoners Being Brutally Beaten

By Irving Feng
Impunity Watch Reporter, Asia

SUVA, Fiji – A nine-minute video was recently posted on the video-sharing site, “YouTube,” showing Fijian officials brutally beating two men who were allegedly runaway prisoners.

Still image from the video showing the two captured prisoners being beaten. (Photo Courtesy of Yahoo News)

Both of the captive men in the video are handcuffed and maliciously attacked by their captors with weapons.  One man is repeatedly beaten with wooden batons and metal sticks, stripped down to his undergarments, and is further beaten while unclothed.

At one point in the video, one of the attackers can be seen sexually assaulting the victim who had been stripped down to his undergarments with a baton.  Large purple welts are also clearly visible on the victim’s legs.

The second captive man can be seen in the video being attacked by a dog under the direction of the captors.  The captive man’s clothes seem torn with blood on them.  The attackers can be heard laughing and jeering in the background throughout the video.

Amnesty International had raised concerns regarding a different incident involving five runaway prisoners last year.  The men were allegedly recaptured and severely beaten and tortured by their captors.  One of the men allegedly had a leg amputation due to an untended open fracture in his leg after his brutal beating.

The police, however, investigated the incident and said that the information regarding the victim’s leg amputation was inaccurate.  Police released official statements to local newspapers stating that the prisoner had diabetes, and the leg amputation was related to his illness.

Last year’s incident had been brought to the attention of Fijian autocratic leader, Commodore Frank Bainimarama, who had promised the restoration of democracy and an end to brutal incidents, like the one involving the recaptured prisoners.

This most recent incident, involving the two recaptured prisoners and the video of their beating being posted on YouTube, seems to be similar to the incident involving the five recaptured prisoners last year.  This raises doubts in the eyes of international rights groups as to whether or not Bainimarama will follow through with his promises.

The international community sought comment regarding the video from the current Fijian government, however, Sharon Smith-Johns, an official government spokesperson declined to comment, stating that no official statements were to be released until after the police completed their official investigation.

The Fijian Police Force did release a statement calling the video of the two recaptured prisoners being beaten disturbing and said they would investigate the incident thoroughly.  Although the video was described as disturbing, the police noted that the men being beaten were supposedly escaped prisoners.

For further information, please see:

Radio New Zealand International – Fiji police and regime refuse further comment on beating video – 8 March 2013

ABC News – Fiji Police Probe Apparent Beatings of 2 Prisoners – 6 March 2013

BBC – Fiji police to investigate abuse video – 6 March 2013

Australia Network News – Fiji police ‘disturbed’ by graphic beating video – 5 March 2013

Yahoo News – Fiji police ‘disturbed’ by graphic beating video – 5 March 2013


Congolese Army May Lose UN Support Due to Human Rights Violations

By Ryan Aliman
Impunity Watch Reporter, Africa

KINSHASA, Democratic Republic of the Congo – The United Nations announced that it will suspend its support to two battalions of the Congolese armed forces (FARDC) which reportedly have been involved in several human rights violations including mass rapes.

National army soldiers of the Democratic Republic of the Congo. (Photo courtesy of UN News Centre/IRIN/Eddy Isango)

For the past three months, the UN Organization Stabilization Mission in DRC (MONUSCO) has been investigating Minova, North Kivu, and neighboring towns. The mission’s report reveals that two units of the FARDC engaged in mass rapes, among other human rights violations. It found out that at least 126 women were raped in Minova after Congolese army soldiers fled to the town to avoid M23 rebels who seized the nearby province of Goma.

“Many rapes were committed. We have investigated, we have identified a number of cases and we demand that the Congolese authorities take action legally against those people,” a UN official told the press last week. According to him, the UN has demanded the government of the Democratic Republic of the Congo (DRC) to prosecute the soldiers involved in these crimes. Otherwise, the official added, the DRC army will lose the support of U.N. peacekeepers.

“Since nothing sufficient has happened at this stage we have already put two units of the armed forces of Congo on notice that if they do not act promptly we shall cease supporting them,” he said. “They have to shape up.”

So far, MONUSCO has sent the Congolese Armed Forces Chief of Staff a second and final injunction to initiate the formal suspension of support to these two units. MONUSCO has not yet received a response.

“MONUSCO is continuing to advocate with Congolese authorities at the highest level to ensure that the alleged perpetrators, including FARDC commanders, be brought to justice and held accountable,” said UN spokesperson Martin Nesirky. “The Mission will maintain, together with other partners, its support to Congolese judicial authorities to pursue their investigations and will offer its support for any trial to be held,” he added.

MONUSCO was mandated by the UN to protect civilians and supports operations by the Congolese army. As of today, there are more than 17,000 peacekeepers deployed in Congo.

Reports say that the UN peacekeepers have been “stretched thin” by the M23 rebellion. This has led the UN Security council to consider creating a special intervention force that aims to “search and destroy” M23 rebels, as well as other insurgents in the country.

M23 rebels took over the eastern part of the DRC last year, accusing the government of failing to honor a 2009 peace deal.

 

For further information, please see:

UN News Centre – UN calls for suspension of DR Congo military units involved in mass rapes – 8 March 2013

UN Radio – UN mission in DR Congo to suspend support to two battalions – 8 March 2013

UPI – U.N.: Congo soldiers perpetrated mass rape – 8 March 2013

790 KGMI – U.N. threatens to stop working with Congo army units accused of rape – 7 March 2013

 

News of Death Sentences for Football Rioters Leads to More Rioting

By Justin Dorman
Impunity Watch Reporter, Middle East

CAIRO, Egypt  – The death sentences for twenty-one individuals deemed responsible for the February football riots of last year have been upheld. Twenty-four others, including two police officers were sentenced to jail, while twenty-eight others were acquitted. The court’s ruling was televised throughout Egypt, and was met by much protest.

Protesters set football stadium ablaze in Port Said after verdict upholds twenty-one death sentences. (Photo Courtesy of BBC)

The football riots occurred in Port Said during February 2012 when the local Al-Masry squad was taking on Cairo’s out-of-town, Al-Ahly. When the game ended, a majority of Al-Masry supporters stormed the pitch, while the police locked the stadium gates, turned off the electricity, and kept away from the violence. Many who tried to escape the stadium were trampled in the process. Seventy-four people died as a result of the riots. Most of the deceased were supporters of Al-Ahly.

After the verdict was announced, hundreds of Al-Masry supporters congregated outside of the local government headquarters of Port Said calling for independence. Football fan Mohamed Ataya said that, “what we need now is to separate from the rest of the country,” after describing how his friend was given jail time for “helping to carry the dead outside the stadium.” Others thought the towns inhabitants were “scapegoated” in the verdict, and yearned for the military enforced curfew to be removed.

Many in Port Said attacked the Egyptian Football Federation and set it ablaze. Others in Port Said released docked speedboats in an effort to block the Suez canal before the military intervened. There has been only one reported death so far.

The police of Port Said locked themselves in the safety of their station. Since the trial began a month ago, at least fifty people have died. Most of these deaths have come as a result of police gunfire. Police forces in ten of Egypt’s twenty-nine provinces have gone on strike to demonstrate against President Morsi’s use of the police in quashing protesters.

In Cairo, supporters of Al-Ahly rejoiced upon first hearing of the court’s result, but then quickly became angered. While they initially were happy that more Al-Masry supporters were sentenced, they were enraged that only two out of the nine police officers, who were charged, ended up convicted. Many believe that the police’s actions in locking the gates and turning off the lights contributed tremendously to the deaths of those seventy four individuals.

Many Al-Ahly supporters attempted to block Cairo’s important October Bridge. Two other protesters were killed in Cairo by police. One died after inhaling tear gas while the other’s life was taken by bird shot. These deaths are said to have been unrelated to the football trial.

For further information, please see:

Al Jazeera – Deadly Egypt Riots Follow Football Verdicts – 9 March 2013

BBC – Unrest in Egypt Over Port Said Football Riot Sentences – 9 March 2013

Guardian – Egyptian Court Confirms Death Sentences for Port Said Football Rioters – 9 March 2013

Daily Star Lebanon – Clashes in Egypt Port Said as Police Move Prisoners – 3 March 2013