Bolivian Soldiers Detained in Chile Released After a Month

By Pearl Rimon
Impunity Watch Reporter, South America

SUCRE, Bolivia – An agreement reached between the district attorney of Tarapacá, Chile and the defense for the Bolivian soldiers arrested in Chile earlier this month, allows for the soldiers to return to Bolivia after more than a month of being detained in Chile. The soldiers were accused of illegal entry into Chile armed with weapons, which has strained the already tense relations between the countries.

The recently released soldiers united with their families after detainment. (Photo Courtesy of AP)

The soldiers are José Luis Fernández Choque (18), Augusto Cárdenas (19), and Alex Choque Quispe (20). The soldiers were arrested on January 25, as they chased suspected car smugglers. The Chilean Court changed their ruling of holding the soldiers in custody until their trial dates to allowing Cárdenas and Choque’s release on bail and Fernández’s release to house arrest. Fernández was the only one charged with possession of weapons.

The deal between the two sides allows for the soldiers to return to Bolivia on the condition that they do no return to Chile for a year, in exchange, prosecutors will drop the charges against the soldiers.

“What progress has been made is exactly what the soldiers requested publically in the sense that there is equal treatment for all,” said Celedón, a lawyer for the soldiers.

After the new agreement was made public, the district attorney for the Tarapacá Region, Manuel Guerra, explained why it had not been reached earlier.

The reasoning behind the long negotiations is explained by district attorney Manuel Guerra,“It was important to verify that the soldiers consent to the terms…They are the ones who have to say if they accept or don’t accept the deal offered by the [prosecution.] We don’t want to generate situations which can hinder the possibility of agreement.”

Bolivian President, Evo Morales, demands that the Chilean military should issue an apology for the detainment. While Chilean Foreign Minister, Alfredo Moreno, urged for the Bolivian military to instruct the soldiers to refrain from illegally crossing the border.

The agreement was made public a day after the Chilean Senate announced that a commission of senators were to travel to Bolivia in an attempt to improve relations.

Relations between Chile and Bolivia have historically been strained due to Bolivia trying to reclaim the Pacific coastline territory that it lost to Chile during the 1879-1884 war. President Morales wrote to Chilean President Pinera and accused him of wanting to keep Bolivia “geographically amputated, economically weak and socially dependent” by “blocking our legitimate right to access to the sea.”

 

For more information, please see:

BBC News — Bolivian Soldiers Held in Chile Return Home – 01 March 13

Prensa Latina — Bolivian President Praises Liberation of Soldiers – 01 March 13

Santiago Times — Bolivian Soldiers Held in Chile to Return Home After Tense Stay – 28 Feb 13

Global Post — Bolivia-Chile Tensions Rise Over Border Incident – 25 Feb 13

Syrian Conflict Reaches Iraqi Border

By Dylan Takores
Impunity Watch Reporter, Middle East

DAMASCUS, Syria – The ongoing conflict between the Syrian army and rebel forces approached the Iraqi border, prompting warning shots to be fired.

Syrian rebel troops training. (Photo Courtesy of AFP)

Syrian rebels captured the northeastern town of Yaarabiya, which shares a border crossing with neighboring Iraq.  On Friday, a scud missile fired from Yaarabiya landed in Iraqi territory, terrifying locals.  Since that time, shots have been fired at the rebels from the direction of the border.

The Syrian rebel forces contend that the shots were warnings fired by Iraqi troops.  Iraqi military officials denied this contention.

According to Ali Shibaib, an Iraqi native who lives less than 300 meters from the border, “Syrian regular army troops are stationed between the Iraqi army and the Free Syrian army.”

The Syrian conflict spilled over the Iraqi border once before.  Last September, a five-year-old girl died when three rockets were fired into a border town near the al Qaim area of northwestern Iraq.

The Syrian army fighting in support of the President Bashar al-Assad is backed by Shi’ite Islamic Iran.  The Sunni Muslim rebels have received support from the United States.  Though a Shi’ite Muslim himself, the Iraqi Prime Minister, Nuri al-Maliki, publicly stated that his government has a non-interference policy regarding the conflict in Syria.

The ethnic and sectarian balance in Iraq has been shaken by the neighboring war.  However, Iraq is not the only nation feeling the effect of the struggle in Syria.  The influx of refugees from Syria has escalated the tension in many neighboring countries, including Iraq, Turkey, and Jordan.

United Nations Secretary General Ban Ki-moon warned that the war may spread into other countries if the situation is not soon resolved.  He stated that the window of opportunity to resolve the civil conflict is quickly closing.

An estimated 70,000 people have been killed in less than two years since the war began in Syria.  The UN anticipates that the total number of Syrian refugees may surpass one million in the next week.

 

For further information, please see:

Al-Jazeera – Syria fighting sparks tension on Iraq border – 2 March 2013

Yahoo! News – Syrian army, rebel clashes bring conflict to Iraq doorstep – 2 March 2013

The Daily Star, Lebanon – Scud missile fired in Syria lands near Iraqi village: mayor – 1 March 2013

Voice of America – UN Chief Warns of Syrian War Spreading Regionally – 1 March 2013

UN Appeals Court Overturns War Crimes Conviction

By Alexandra Sandacz
Impunity Watch Reporter, Europe

AMSTERDAM, Netherlands – On Thursday, a United Nations appeals court overturned Momcilo Perisic’s, former Yugoslav Army chief, conviction of war crimes. He was originally sentenced to 27 years for aiding and abetting killings in Bosnia and Croatia, including attacks on Sarajevo and Srebrenica.

In 2011, Momcilo Perisic was convicted of aiding and abetting crimes against humanity. (Photo Courtesy of CNN)

In a 4 to 1 decision, the judges ruled that Perisic did not order Serbian forces into Bosnia-Herzegovina to commit war crimes. Furthermore, the judges also determined that he was not in a position to discipline soldiers for attacking the Croatian capital, Zagreb.

During Perisic’s trial, the record showed Perisic regularly attended the Supreme Defense Council’s meetings where Slobodan Milosevic, then the Serbian president, and other leaders approved sending weapons, fuel, police officers and military personnel to fight on behalf of the Serbs in Bosnia and Croatia.

However, the appeals judges said that regardless if Perisic knew about the crimes Serb or pro-Serb fighters committed in Bosnia and Croatia, he did not “directly or knowingly assist” in the atrocities, but rather he made decisions to support the war.

The United Nations appeal court ultimately decided that lower court committed an error by not showing that he was “physically present when criminal acts were planned or committed.”

Theodor Meron, president of the appeals chamber in the tribunal in The Hague, stated, “While Mr Perisic may have known of VRS [Serb Army of Republika Srpska, VRS] crimes, the Yugoslav Army aid he facilitated was directed towards the VRS’s general war effort rather than VRS crimes.”

However, this overturned conviction created some concerns. Various lawyers in The Hague said the ruling confused them.

The court’s ruling, which follows other recent acquittals by appeals court judges, can be seen as changing the story line of war. As a consequence, these recent reversals tightened the definition of crimes for which military commanders can be held responsible.

In the past, the crime of “aiding and abetting” only required knowledge that assistance was being used to commit serious crimes. Yet, the appeals court said that the “intention to commit crimes” is required for a conviction.

Nicholas Koumjian, a lawyer who has worked in several international courts, stated,  “I think this is a step backwards in the law; it contradicts all jurisprudence of this tribunal, even back to the findings of trials at Nuremberg after World War II.”

The International Criminal Tribunal for the former Yugoslavia’s appeals chamber in The Hague ordered Perisic’s immediate release.

For further information, please see:

BBC News – Momcilo Perisic: Yugoslav Army Chief Conviction Overturned – 28 February 2013

CNN – Tribunal Reverses Balkan War Crimes Verdict – 28 February 2013

RFE/RL – UN Appeals Court Overturns Ex-Yugoslav Military Chief’s Conviction – 28 February 2013

The New York Times – Court Overturns War Crimes Convictions of Former Chief Yugoslav Army – 28 February 2013

Violent Protests Erupt in New Delhi After Brutal Rape of a 7 Year Old Girl at School

By Irving Feng
Impunity Watch Reporter, Asia

NEW DELHI, India – Violent protests erupted in Delhi after a seven year old girl was reportedly sexually attacked and raped by an unknown man while at school.

Protesters damaged a government bus with stones outside Sanjay Gandhi Hospital. (Photo Courtesy of BBC)

The young female victim was taken to Sanjay Gandhi Hospital to be treated for her gruesome injuries after she was found lying in a pool of blood near her house.  The police report places the girl missing around 8pm on February 28th, and she was allegedly raped by the at large perpetrator on school grounds.

Dr. Sanjay Kumar, the young girl’s treating physician, reported to the press that her injuries were consistent with a patient who had suffered a rape.  Delhi’s chief minister, Sheila Dikshit, released a press statement calling the incident at the school “shameful” and “shocking.”

Protestors gathered outside of the hospital, in the Mangolpuri area of Northern Delhi, where the girl was being treated to show their outrage regarding the recent string of sexual crimes being committed against women in India.

India has been under intense international scrutiny over sexual violence against women after a student was raped and murdered on a local bus in December.  In a separate incident, another seven year old girl in the city of Kanpur, in Uttar Pradesh state, was raped, murdered and her body was dumped in a sewer.  These sexual assaults have sparked protests across the nation.

This most recent incident involving the young girl being raped in the school has sparked demonstrations that turned violent outside of Sanjay Gandhi Hospital.  Police resorted to beating protesters with clubs in an effort disperse the angry crowd.  The protestors retaliated by throwing stones at the police and caused damage to government property.

The protestors allege that the police have been doing a poor job at speedily investigating and resolving these heinous incidents of sexual assault.  The police report for the girl’s rape in Mongolpuri district was not filed until March 1.  Additionally, no arrests have been made yet, and police currently do not have any suspects.

Sushil Kumar Shinde, Home Minister in the area, told the press that at least one policeman had been suspended for their slow work of locating three sisters that had been abducted in Maharashtra last month.  Police in the current case, however, have been making efforts to interview all employees of the school and parents of the children who attend the local school where the violent sexual attack occurred.

The young girl has yet to identify any suspects for the police to investigate.  Rekha Gupta, chairperson for the New Delhi Municipal Council’s Education Committee, has vowed support for the family in the medical treatment of their child as well as full cooperation with the police during the investigation.

For further information, please see:

BBC – Delhi protest over ‘sex attack’ on seven-year-old girl – 1 March 2013

International Business Times – New Delhi Rape Crisis: 7-Year-Old Girl Abducted and Raped inside School – 1 March 2013

News Bharati – Minor girl raped inside Delhi school premises – 1 March 2013

Tiger News International – Another shocker from Delhi: 7-year-old girl raped inside municipal school – 1 March 2013

10 Arrested in Hong Kong for Attempting to Smuggle Baby Formula into Mainland China

By Irving Feng
Impunity Watch Reporter, Asia

HONG KONG, China – Ten individuals were arrested in Hong Kong for attempting to smuggle baby formula past customs out of the island territory and into mainland China.

Shelves of a Hong Kong store stocked with baby formula. (Photo Courtesy of The Sunday Times)

The Hong Kong government recently passed a new regulation which restricted the amount of baby formula travelers were allowed to take out of Hong Kong and into mainland China.  The regulation only allows travelers to take 1.8 kilograms (about 4 pounds) of formula through customs.

The individuals who were placed under arrest were both Hong Kong citizens and mainland Chinese citizens.  The smugglers were caught with a total of 53 cans of baby formula.  One man was attempting to smuggle 15 cans through customs by himself.

Under the new regulation, individuals caught with more than the allowed 1.8 kilograms of milk powder can face fines of up to 500,000 Hong Kong dollars (equivalent to about $65,000 U.S.).  Additionally, smugglers could also be subjected to up to two years in jail.

Travelers are taking the extreme risk of smuggling the baby formula out of Hong Kong and into mainland China because of the recent milk powder scandals that have been rampant in mainland China.  The most infamous of these scandals happened in 2008 when six infants died after ingesting milk which contained traces of the industrial chemical melamine.

Due to the high demand of baby formula from mainland Chinese citizens, Hong Kong has been experience severe shortages causing extreme tensions between the island territory and Beijing.  Hong Kong citizens have been having a hard time obtaining baby formula for their own children.

Hong Kong resident, Bruce Lui, says that every morning, parents are lined up outside shops and pharmacies for the opportunity to purchase formula.  Some are lucky if they can get even one can to feed their hungry infants.

Lui says that he walks from neighborhood to neighborhood attempting to hunt down the precious baby formula.  Sometimes he must walk through at least ten pharmacies and shops before he can get his hands on one can.  Other times, he is unlucky and comes home empty handed.

Adding to the distress of local Hong Kong parents, some shops and pharmacies will not sell to locals because they know that they can obtain higher profits from selling exclusively to mainlanders desperate for safe formula.  Some mainland Chinese parents are willing to pay up to 50 percent above retail for cans of powdered baby formula.

Proponents of the new regulation hope that the new law will help prevent shortages like one that happened last month in Hong Kong when stores sold out of the most popular brands of baby formula.

For further information, please see:

Shanghai Daily – 10 caught flouting Hong Kong’s new infant formula rule – 2 March 2013

Yahoo News Philippines – Hong Kong cracks down on baby formula trade – 2 March 2013

BBC – Ten arrested in Hong Kong over baby milk formula curbs – 1 March 2013

The Sunday Times – Hong Kong limits export of baby formula after furore – 1 March 2013