Bemba’s War Crimes Trial Resumes

By Ryan Aliman
Impunity Watch Reporter, Africa

THE HAGUE, Netherlands – The hearings in The International Criminal Court (ICC) trial of Jean-Pierre Bemba will resume on Monday, February 25.

Jean-Pierre Bemba is charged with crimes against humanity and war crimes related to the conflict in the Central African Republic from 2002 to 2003. (Photo courtesy of RNW/ANP/EPA)

Bemba, the former leader of the Movement for the Liberation of Congo, was charged with crimes against humanity and war crimes and has been in ICC custody since 2008. Bemba was accused of failing to stop his troops from committing mass rape, murder, and pillage during the 2002-2003 conflict in the Central African Republic.

ICC judges ordered a temporary suspension to the hearings last December until March 4, 2013. The suspension was necessary to allow Bemba’s lawyers to prepare additional evidence in light of a possible “legal re-characterization” of the charges.

Last year, the defense counsel argued that a possible modification of the charges will be prejudicial to their client unless the court gives them an extension. According to Bemba’s lawyers, changing the charges will require them to prepare additional evidence which they may not be able to carry out due to lack of resources, insufficient time, and lack of “valid, prompt and legally adequate notification” by the judges. Thus, on December 13, 2012, ICC Judges Sylvia Steiner, Joyce Aluoch, and Kuniko Ozaki issued a temporary suspension order in Bemba’s favor invoking the court’s power to “suspend [a] hearing and ensure that the participants have adequate time and facilities for effective preparation”.

On February 6, the ICC judges lifted the suspension and scheduled Witness D04-19 to testify via video link. However, the defense filed a request to be present at the actual location of Witness D04-19 which the prosecution opposed.

Prosecutor Fatou Bensouda contended that the presence of defense lawyers at the location where the witness would give evidence from was “unnecessary” and would “provide a distinct advantage to the defense during questioning.”

“Without knowing the defense’s particular justification, it is difficult to imagine any good reason to depart from this [common] procedure and allow the defense to be present with the witness while the prosecution and the chamber remain in The Hague,” said Bensouda.

Bensouda also argued that the ICC judges’ power to control and oversee the proceedings would be “diminished” if they allowed the defense’s request. According to her, they will not be able to monitor “the events between the defense team and the witness that might occur off-camera.”

In their February 15 ruling, the judges sided with the prosecution stating that “it is not necessary for members of the defense team to be authorized to question the witness from the location of the video-link.” The ICC judges also explained that it has been common practice in The Hague to place video link witnesses in a remote location unknown to both parties.

 

For further information, please see:

All Africa – Congo-Kinshasa: Bemba Trial to Resume Monday With Protected Defence Witness – 21 February 2013

Zapaday – ICC resumes trial of Jean-Pierre Bemba early following defense request – 20 February 2013

All Africa – Central African Republic: Bemba Trial Hearings Resume Next Week – 19 February 2013

Bemba Trial – Status Conference Discusses Bemba’s Upcoming Witness – 11 February 2013

All Africa – Congo-Kinshasa: Judges Suspend Bemba’s ICC Trial Hearings Until March 2013 – 19 December 2012

 

Victim Relives Abuse and Branding During Child Prostitution Trial

By Alexandra Sandacz
Impunity Watch Reporter, Europe

LONDON, United Kingdom – During the trial of nine men who are accused of offences including rape, trafficking, and child prostitution, a young women revealed that when she was 12 years old, she was branded with the one man’s initials so other men would know she “belonged” to him.

Sketch of the nine men, from Berkshire and Oxfordshire, who are accused of sexually exploiting six underage girls. (Photo Courtesy of BBC).

The jury learned that the young woman, now 19 and who remains nameless, was sold to Mohammed Karrar as an 11-year-old. She told the court she was also brutally raped by various men until she was 15.

Appearing to the jury through videolink, the young women cried as she stated that Karrar struck her with a baseball bat after she threatened him with a knife after he forced her to have sex.

She said, “At the time, I thought he loved me and it was a mistake he made. I thought it was my own fault that I threatened him with a knife.”

She continued, “I was at home with Mo [Mohammed Karrar]. We had a slight argument and I think we had sex, and afterwards, the hairpin, he scraped the paint off and lit it. He bent it into a letter “M”. After heating it for a little while, he stuck it on my bum … so it would say ‘Mo’.”

The girl believed she was branded “so that people knew that I was his if I ever had sex with someone else.”

However, the girl also explained that Karrar, despite branding her, would take her to hotels and private properties to serve drink, drugs and provide sex services. Her abusers would speak in different languages and laugh at her. She said there were at least 15 men at the parties, and the parties would happen up to four times a week.

Furthermore, the child was forced to participate in “weird fantasies” and was sexually assaulted with knife handles and meat cleavers. If the girl refused, the two men would go “mad”. The witness said, “If I kicked off, I would be restrained.” Lastly, the men would pay Karrar when everything was finished.

Mohammed Karrar, 38, and Bassam Karrar, 32, are amongst nine men currently on trial for 51 sex and drugs charges. The men deny the 51 counts, including rape and trafficking from 2004 to 2012.

For further information, please see:

BBC – Oxford Exploitation Trial: Girl ‘Branded with Hairpin’ – 22 February 2013

The Guardian – Oxford Child Abuse Trial: Women Says She was Branded at Age of 12 – 22 February 2013

The Independent – Sex Gang Leader ‘Brand Girl Slave, 12, with a Heated Hairpin’ – 22 February 2013

Oxford Mail – Teenager “Branded” by Alleged Abuser, Old Bailey Hears – 22 February 2013

Rwandan Woman Stripped of U.S. Citizenship for Lying about Role in Genocide

By Hannah Stewart
Impunity Watch Reporter, Africa

CONCORD, New Hampshire — A New Hampshire jury on Thursday convicted a Rwandan woman of lying about her role in the 1994 genocide in her home country to acquire U.S. citizenship.

Courtroom sketch of Beatrice Munyenyezi. (Photo Courtesy of BBC)


Beatrice Munyenyezi, 43, had her citizenship revoked by a federal judge and will face sentencing in June for two counts of fraudulently obtaining her U.S. citizenship status.  Jurors deliberated for less than five hours Thursday before convicting Munyenyezi .

Upon hearing the verdicts, Munyenyezi put her head down on the defense table and wept.  Her 18 year-old daughter sobbed as she left the courtroom, while her two other daughters were not present.

Munyenyezi is back behind bars, where she spent 22 months between her indictment in 2010 and the jury deadlocking in her first trial last year.  She was released to home confinement in Manchester the month after that mistrial.

According to the Justice Department, she now faces up to 10 years in prison, a $250,000 fine on each count and possible deportation.

Munyenyezi, who was not on trial for war crimes, was found guilty of intentionally lying about her role in the infamous slaughter in which ethnic Hutu militants viciously slaughtered their Tutsi counterparts over a three-month period.  While a true number has never been established, many report that the unexpected genocide resulted in the death of approximately one million Rwandans.

The same team of prosecutors who obtained the guilty verdict in Munyenyezi’s case also secured a conviction against her sister last summer in Boston on charges of fraudulently obtaining a visa to enter the United States by lying about her own Hutu political party affiliations.

Munyenyezi is thought to be married to former militia leader Arsene Shalom Ntahobali, who was convicted of war crimes by the International Criminal Tribunal for Rwanda (ICTR) and sentenced to life in prison last year.  She is thought to have lived in the hotel and helped pick out those who arrived at a nearby checkpoint to be executed or raped.

At trial, prosecutors brought in Butare residents who placed Munyenyezi at a roadblock where Tutsis were identified by the ethnicity listed on their Rwandan identification cards and ordered which ones were to be killed.  The prosecutors did not rely upon a handful of Rwandan prisoners serving life sentences for murders and rapes during the genocide.  Other witnesses testified that they saw her in the clothing worn by leaders of the extremist Hutu political party.

Moreover, Ntahobali’s mother was also convicted by the ICTR and sentenced to life in prison in June 2011 for genocide, crimes against humanity and war crimes of violence.  She was a cabinet minister in the Hutu-dominated Rwandan government when the genocide began in early April 1994.

For more information, please see:

ABC – Convicted NH Woman Might be Sent Back to Rwanda – 22 February 2013

Fox News – NH Woman Convicted of Masking Role in 1994 Rwanda Genocide Faces Prison, Might be Deported – 22 February 2013

Huffington Post – Beatrice Munyenyezi Lied About Her Role in Rwanda Genocide; Faces Deportation from New Hampshire – 22 February 2013

Washington Post – Jurors Convict NH Woman of Lying About Role in Rwanda Genocide to get Citizenship – 22 February 2013

Hallel Abramovitz Allowed to Visit Wall Despite Previous Restriction

By Justin Dorman
Impunity Watch Reporter, Middle East

JERUSALEM, Israel – “Tradition, tradition! Tradition!” are the main words repeated in the classic Fiddler on the Roof song. While it is true that many cling to tradition, there are plenty of modern women who envision something more for themselves than keeping a proper, kosher home and raising the family so that Papa can be free to read the holy books. Such modern women include Israeli-American Rabbi Susan Silverman, her daughter Hallel Abramovitz, chairwoman of the Women of the Wall, Anat Hoffman, and United States rabbis, Debra Cantor and Robin Fryer Bodzin. These women were arrested approximately a week ago for singing and reading from the Torah while wearing traditionally male prayer shawls at a Rosh Chodesh service at the Western Wall in Jerusalem.

Sarah Silverman’s sister and niece were previously arrested for donning “men’s” prayer shawls while chanting from the Torah at the Kotel. (Photo Courtesy of the Guardian)

Rosh Chodesh is a special service which celebrates the start of a new month of the Hebrew calendar. The Western Wall in Jerusalem, also known as the Kotel, is the holiest of Jewish sites, and is believed to be the last remnant of the ancient Jewish Temple. The holy site, which is an extremely popular location for prayer, is governed by ultra-Orthodox law. There is a bifurcation of women and men, and women are not allowed to wear prayer shawls.

In 2003, the Israeli Supreme Court upheld a ban by the government which denied women the ability to wear teffilin or tallit prayer shawls, or read from the Torah at the Western Wall. Silverman, her daughter, and the others insisted that they were not actively protesting the ban, but merely trying “to perform the four Ts.”

The police stood and waited as the women danced in a circle. At the completion of the service, the women were then taken to the Old City of Jerusalem Police Department. They were released on the condition that they sign a document stipulating that they not visit the Wall for fifteen days.

Famed American comedian and sister and aunt to Rabbi Silverman and Abramowitz, Sarah Silverman took to Twitter and tweeted, “So proud of my amazing sister and niece for their ballsout civil disobedience. Ur the tits #womenofthewall.” Abramowitz tweeted back, “hey auntie, want a copy of my mugshot?”

Although the punishment for the arrest was just a two week ban; when Abramowitz realized that the ban coincided with the holiday of Purim and the Women of the Wall’s Megillah reading, she went back to the police station with her father and lawyer. Shortly after, the police acquiesced to Abramowitz’s requests, and she was cleared to attend the services at the Kotel. When you read from the Megillah during Purim, you are reading from the Book of Esther. Anat Hoffman reminds us that Esther was not a lady who was afraid to speak out.

The few that were arrested were not the only Women of the Wall who have been arrested recently. The number of arrests have risen so much so that Prime Minister Netanyahu appointed Natan Sharansky to find some type of compromise. He will apprise Shmuel Rabinowitz of his decision in the spring.

For further information, please see:

Jewish Press – Police let Sarah Silverman’s Niece Visit Western Wall on Purim – 20 February 2013

Guardian – Sarah Silverman Tweet Puts Women’s Western Wall Protest in Global Spotlight – 16 February 2013

Daily Beast – Women of the Wall, Sarah Silverman-Style – 13 February 2013

Virtual Jerusalem – Women of the Wall, Silverman’s Sister Arrested at Kotel – 11 February 2013

Belarusian Youth Activist Charged with High Treason

By Madeline Schiesser
Impunity Watch Reporter, Europe

MINSK, Belarus – Last November, authorities in Vitsebsk, Belarus arrested Andrei Haidukou, 23, an opposition activist, on suspicion of espionage activity.  In the months since then, the government has failed to bring forth evidence of the alleged spying, and yet Haidukou’s family is not permitted to see him and his attorney has repeatedly been denied access to him since December.

Youth activist Andrei Haidukou, 23, denies the charges of espionage and “high treason.” (Photo Courtesy of Viasna)

The Belarusian State Security Committee (KGB) claims that Haidukou “gathered and passed political and economic information on the instructions of a foreign intelligence agency,” possibly the U.S. C.I.A., and was caught making a dead drop.  Haidukou, a mechanic at the Naftan Oil refinery, has been charged with “state treachery in the form of intelligence activities”–high treason–under Article 356, Part 1 of the Criminal Code, which carries a sentence of 7 to 15 years in prison.

However, Haidukou, supported by fellow activists, has written that the charges are “huge falsifications” and an attempt by the KGB to pressure him because of his civil activities.  In addition to having been detained before for his part in silent protests, and receiving threats from plainclothes policemen, in the days before his arrest, Haidukou was preparing documents to officially register the non-governmental organization (NGO) “Union of Young Intellectuals”.

Haidukou is the deputy Chairperson of the Union of Young Intellectuals, and according to the Chairperson Jauhien Kanstancinau, “Andrei dealt with all issues concerning the registration. If he hadn’t been arrested, in two weeks we could pass documents for registration.”  Kanstancinau describes the Young Intellectuals, which was established three years ago, as “an international organization” and “[a] social and cultural organi[z]ation. Our primary task is to be a platform for creation of a party of intellectuals.”  It is possible Haidukou’a arrest is intended to intimidate other youth activists.

Since his arrest, Haidukou has inexplicably been transferred between prisons in Vitsebsk and Minsk several times.  His family reported that they were restricted from obtaining information on his location.

Hanna Shaputska, coordinator of the civil initiative “For Liberty” has also denounced the charges against Haidukou. “[T]hree months have passed since the arrest and everything what is happening started [sic] looking like a farce, another wave of reprisals against civil activists and oppositionists.”  She added “Andrei Haidukou can be considered as a political prisoner.”

Another member of the Youth Intellectuals, Illia Bahdanau, and also a member of the unregistered opposition party Belarusian Christian Democracy (BCD), was detained by the KGB together with Haidukou.  However, Bahdanau was released soon after questioning at night and managed to return home via hitchhiking.  He remains a suspect.

Until the 11th of February, Haidukou’s counsel had been prevented from meeting with him since December.  Although the KGB had authorized meetings, every time Haidukou’s attorney attempted to meet with his client in the last two months, he was turned away from the prison, with excuse such as “there are no free rooms.”  However, according to Haidukou’s mother, the February 11th meeting lasted several hours, from 10 a.m. through the evening.

“Human Rights Activists against Torture” expressed concern that the denial of a lawyer to a client in jail could be a sign of the use of torture and sent an urgent appeal to the UN Special Rapporteur.

It should be noted that Belarus’s Constitution guarantees the right of unimpeded confidential meetings with a lawyer, with no restrictions on the frequency or duration of such.

In response to the long denial of an attorney, the Belarusian Helsinki Committee and The Human Rights Center “Viasna” called for greater transparency in Haidukou’s case and others, expressing concern that there may be violations in procedure affecting the defendants’ rights, his or her health condition and other similar information, and that the public should be provided with greater information.

The KGB has extended the investigation into Haidukou’s case for an additional month.

Haidukou’s mother, Volha Haidukova, remains uncomprehending at what has happened to her son.  “We knew that he was opposition-minded and his activities were disliked by the authorities … Andrei was also telling us he didn’t do anything illegal. As it can be seen from his letters, he was totally bewildered with such development of the events,” she said.  Volha further lamented “I wasn’t allowed to meet with him and haven’t received any telephone. The only thing left to me is to write letters.”

For further information, please see:

Chapter’97 – Human rights activists demand publicity over Haidukou’s case – 20 February 2013

Viasna – Counsel Finally Allowed to Meet with Andrei Haidukou at the KGB Prison – 12 February 2013

Viasna – Counsel Not Allowed to Meet Andrei Haidukou Again – 11 February 2013

Viasna – Andrei Haidukou’s Mother: We Cannot Understand What is Really Done to Our Son – 8 February 2013

Viasna – “Spy” Haidukou’s Friend Interrogated at KGB Again – 11 January 2013

Chapter’97 –UN Special Rapporteur Informed About Torture of Haidukou – 5 January 2013

European Association of Independent Journalists – KGB Reveals Foreign Spy — Mechanic, Activist of Dubious Union of Young Intellectuals – 14 November 2012